Terms & Conditions

Services Provided

1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"): Lawn Maintenance, Landscaping Projects, Irrigation Services, and Snow Removal.

2. The Services will also include any other tasks that the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.

4. This Agreement may be terminated at any time by mutual agreement of the Parties.

5. Except as otherwise provided in this Agreement, including the Warranty section, the obligations of the Contractor will end upon the termination of this Agreement.

Performance

6. The Contractor reserves the right to amend the initial quotation should the Client's original requirements change.

7. The Contractor reserves the right to suspend services if payments are missing within 20 days of the service.

8. The Contractor retains the right to take photographs of completed tasks and/or images of any damages discovered during the service.

9. The Contractor can only give a rough estimate of the duration of the service, which is based on a basic description of the Client's property. Please note that duration may vary; therefore, a degree of flexibility is required.

10. Satisfaction Re-Visit. For lawn maintenance and snow removal services, if the Client is not satisfied with the work, the Client must notify the Contractor within 24 hours of the service, and the Contractor will re-visit the affected areas at no additional charge. Coverage for Landscaping Projects and Irrigation Services is described in the Warranty section of this Agreement (clauses 36–43).

11. Tasks will be outlined and completed as described in the Landscaping Services and Snow Removal documents.

12. The Client may cancel or adjust the time of a visit/s by giving at least 24 hours' advance notice. The Client agrees to pay 50% of the visit if the Client cancels or adjusts the time of a visit/s less than 24 hours before the scheduled appointment.

Compensation

13. The Client shall pay the Contractor based upon their agreed-upon fixed rates (the "Compensation") for the Contractor's services, including landscaping services and snow removal services.

Holiday Rate is applied on the following days when conditions require, which is 30% more than the standard rate: Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Day, Presidents' Day, Memorial Day, Fourth of July, and Labor Day.

14. The Contractor will bill the Client for landscaping and/or snow removal services based on the initial quote. Quotes are determined by the property's size, condition, and the agreed-upon scope of work. If the scheduled work exceeds the quoted scope or allotted time, additional labor will be billed at a rate set by the Contractor, as needed.

15. Landscaping project work shall require a deposit as determined by the Contractor. The deposit amount will be calculated based on the total project quote and specified within the project proposal.

16. Every invoice will have a processing fee of 6% for administrative and operations services.

Payment Terms and Conditions

17. When the Client engages in a transaction with the Contractor or utilizes the Contractor's services, the Client agrees to make payment promptly as specified in the invoice or service agreement.

18. Invoices submitted by the Contractor to the Client are due upon receipt or as otherwise agreed upon in writing.

19. The Client will communicate alternative payment methods. If the preference is not to have a credit card or ACH account charged and the Client wishes to make payment through an alternative method, it is the Client's responsibility to contact the Contractor before the due date to make suitable arrangements.

20. It is the Client's responsibility to keep their credit card information up to date. If the Client's credit card on file expires or changes, the Client must promptly update their information with the Contractor.

21. If payment is not received within 20 days from the due date, the Client hereby authorizes the Contractor to charge the credit card on file for the outstanding amount.

22. The Contractor will provide the Client notification at least seven (7) days before charging the credit card if the payment is pending beyond the 20 days.

23. In the event of late payment, the Client will be subject to a late payment fee or interest charge of 1.5%.

24. If the Client believes there is an error in the charges on the issued invoice, the Client must promptly contact the Contractor within 10 days of receiving the invoice to dispute the charges.

25. Failure to make payment as outlined in these terms may result in the suspension or termination of the services, as well as the accrual of additional fees or charges.

26. Our refund policy is outlined separately and is applicable for services or products that do not meet agreed-upon standards.

Communication

27. By requesting an estimate, scheduling services, submitting a contact form, or otherwise providing your contact information, the Client consents to receive communications from Terrain Landscaping via email, telephone, and SMS (text message) regarding requested services, appointments, estimates, project updates, account notifications, billing, customer support, and other customer care communications.

28. By opting into SMS communications through our website, service agreements, online forms, or other means, the Client agrees to receive SMS messages from Terrain Landscaping. Message frequency may vary depending on the services requested and the status of your account. Message and data rates may apply.

29. The Client may opt out of SMS communications at any time by replying STOP to any text message. For assistance, reply HELP or visit terrainjh.com.

30. Terrain Landscaping may also send informational communications regarding products, services, seasonal reminders, promotions, and other relevant updates. The Client may opt out of promotional communications at any time without affecting transactional or customer care messages related to active services.

31. Terrain Landscaping is committed to protecting the Client's privacy and will only use personal information in accordance with our Privacy Policy. Please review our Privacy Policy at terrainjh.com/pages/privacy-policy and our Terms of Service at terrainjh.com/pages/terms-of-service.

32. The Client is responsible for providing and maintaining accurate and current contact information, including email address(es) and mobile phone number(s), to ensure timely delivery of important communications regarding their account and services, including pre-service notices such as the request in clause 44.

Autonomy

33. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision-making in relation to the provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.

Equipment

34. Equipment used for services will be determined at the Contractor's discretion based on property requirements or by the Client's special request.

Notice

35. All notices, requests, demands, or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses: Terrain Landscaping & Snow Removal, P.O. Box 13881, Jackson, WY 83001, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier. Warranty claims and in-ground feature confirmations may also be given by email to team@terrainjh.com.

Warranty

36. Plant Warranty. Trees, shrubs, and perennials installed by the Contractor are warranted for one (1) year from the date of installation. If a covered plant dies or is in significant decline during this period, the Contractor will replace it one time with a plant of the same or similar variety and size, including labor, at no charge. Annuals, bulbs, seed, sod, and plants supplied by the Client are not covered. This warranty is conditional on the Client following the watering and care instructions provided by the Contractor.

37. Hardscape Workmanship Warranty. Hardscape installations completed by the Contractor are warranted against defects in workmanship for one (1) year from the date of completion. The Contractor will repair covered defects at no charge. Materials are covered only by the applicable manufacturer's warranty, which the Contractor will pass through to the Client where available.

38. Irrigation Warranty.

(a) New Installations. Irrigation systems installed by the Contractor are warranted against defects in workmanship for one (1) year from the date of completion. The Contractor will repair covered defects, including parts and labor, at no charge. Components such as controllers, valves, sprinkler heads, and sensors are covered by the manufacturer's warranty, which the Contractor will pass through to the Client where available.

(b) Repairs. Irrigation repairs performed by the Contractor are warranted for sixty (60) days from the date of the repair. This warranty covers only the specific parts replaced and the work performed during that repair. It does not cover any other part of the irrigation system, or pre-existing issues identified but not repaired at the Client's direction.

(c) Irrigation Exclusions. In addition to the exclusions in clauses 40 and 41, the Irrigation Warranty does not cover: damage from digging, aeration, construction, vehicles, or snow removal by others; damage from rodents or wildlife; changes in water pressure or water supply; power surges or electrical issues outside the system; adjustments to controller programming made by the Client or others; or existing irrigation components not installed by the Contractor.

39. Freeze Protection. Freeze protection is provided only for systems that receive the Contractor's spring startup and fall shutdown (winterization) on the dates the Contractor recommends. Freeze damage is not covered if:

• the system was not winterized by the Contractor;
• shutdown was delayed beyond the Contractor's recommended date at the Client's request;
• the system was turned on by anyone other than the Contractor before spring startup; or
• water supply was shut off, turned on, or altered by a third party, homeowners' association, shared well, ditch, or other water system outside the Contractor's control.

40. Weather and Acts of Nature. The Contractor is not responsible for, and no warranty in this Agreement covers, any loss or damage caused in whole or in part by weather or natural events, whether or not they are forecast or typical for the season. This includes sudden or unseasonable freeze events at any time of year (including summer freezes), early or late frost, extreme cold, snow load, ice, hail, wind, drought, flooding, runoff, lightning, wildfire, and smoke. The Client acknowledges that the mountain climate of Teton County makes such events unpredictable, and that the Contractor's recommended startup and shutdown dates are based on typical conditions and are not a guarantee against freezing. Damage from these events is not a defect in the Contractor's materials or workmanship. Any repair or replacement needed after such an event will be billed at the Contractor's standard rates.

41. General Exclusions. The warranties in this section also do not cover damage or loss caused by: wildlife, pests, or disease; improper watering, irrigation shutoff, or neglect; alterations, repairs, or damage by the Client or third parties; normal settling or natural variation in materials; or pre-existing site conditions disclosed to the Client.

42. Making a Claim. To make a warranty claim, the Client must notify the Contractor in writing at team@terrainjh.com within fourteen (14) days of discovering the issue. The Contractor may inspect the work before providing a remedy. Warranty coverage applies only if the project or repair has been paid in full.

43. Remedy. The Client's sole remedy under these warranties is repair or replacement of the covered item or, at the Contractor's discretion, a refund of the portion of the price paid for that item.

In-Ground Features

44. Marking In-Ground Features. Before any service that penetrates or disturbs the ground, such as aeration, planting, or excavation, the Contractor may ask the Client to mark sprinkler heads, valve boxes, irrigation lines, lighting, pet fences, and other in-ground features that were not installed or are not managed by the Contractor.

45. Responsibility for Damage. The Contractor is not responsible for damage to in-ground features that were not installed by the Contractor, were not marked by the Client, or are buried at a shallow depth (for irrigation lines, less than four (4) inches below the surface), unless the Client confirmed their location and depth in writing before the service.

46. Client Acceptance. By allowing the service to proceed, the Client accepts the terms of clause 45. Repairs to features excluded under clause 45 will be billed at the Contractor's standard rates.

Limitation of Liability

47. To the extent permitted by applicable law, the Contractor will not be liable for any indirect, incidental, special, or consequential damages arising from the Services. The Contractor's total liability for any claim arising from a Service will not exceed the amount paid by the Client for that Service. The Contractor is not responsible for damage to underground utilities, irrigation lines, pet fences, lighting, or other hidden features that are not clearly marked or disclosed by the Client before the Service, as further described in clauses 44–46.

Indemnification

48. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occur in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Modification of Agreement

49. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Entire Agreement

50. This Agreement, together with any signed project proposal or quote, the Landscaping Services and Snow Removal documents, and the Refund Policy, each of which is incorporated by reference, constitutes the entire agreement between the Parties. There is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement or those incorporated documents. If there is a conflict, the signed project proposal will control.

Enurement

51. This Agreement will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.

Governing Law

52. This Agreement will be governed by and construed in accordance with the laws of the State of Wyoming.

Severability

53. If any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

54. The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.