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, 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, 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. If the Client is not completely satisfied with a job, the Contractor will re-visit any areas to the Client's satisfaction. Notice must be given within 24 hours of the service.

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

12. 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 Years Day, Presidents' Day, Memorial Day, Fourth of July, and Labor Day.

13. 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.

14. 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.

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

Payment Terms and Conditions

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

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

17. 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.

18. 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.

19. In the event that 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.

20. 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-day period.

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

22. 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.

23. 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.

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

Communication

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

Autonomy

31. 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

32. Equipment used for services will be determined at the contractor's discretion based on property requirements or by the client's special request.

Notice

33. 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.

Liability

34. No Liability. Terrain Landscaping & Snow Removal is not responsible or liable for any injury, damages, loss, or costs sustained or incurred by any person including without limitation Contractor's employees, or for any damage to, destruction, theft, or misappropriation of any property, relating in any way, directly or indirectly, to Contractor's services and obligations under this agreement. Terrain Landscaping & Snow Removal is not liable for acts or omissions of the Contractor or any of the Contractor's employees, contractors, agents, or other persons purporting to act at the direction or request, on behalf, or with the implied or actual consent of the Contractor.

Indemnification

35. 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 and all 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

36. 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

37. It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

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

Governing Law

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

Severability

40. In the event that 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

41. 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.