TERMS AND CONDITIONS OF SERVICE
TERMS AND CONDITIONS OF SERVICE
Our terms of service act as an agreement to keep the business relationship between you and ourselves as smooth as possible. We are a very understanding company and if you ever have any problems you can simply let us know. If you have any questions about our Terms and Conditions of Service, please contact us and we will be glad to answer any questions you may have.
Mailing Address: 2005 Narrow Glen Parkway, Austin, Texas 78744.
1. DESCRIPTION OF SERVICES. Beginning on the Effective Date, Company will provide to Client the following services (“Services”):
Lawn, Tree, and Landscaping Services.
2. PAYMENT FOR SERVICES. Payment shall be made to Company in the total amount of invoice for the service term.
Payments are accepted by automatic recurring payment from a card on file or ACH/auto-debit information. By proceeding with your service, you agree for us to automatically charge your card the amount due to all invoices accrued for the service term.
Late payments will be subject to a late payment fee of $50.00 or 10% of the total invoice, whichever is higher. Any payments returned due to insufficient funds or chargebacks will be subject to a return fee of $50.00 or 10% of the total invoice, whichever is higher.
Company reserves the right to suspend service until any and all past-due invoices (and associated late or returned fees) have been paid by Client.
3. TERM AND TERMINATION. This Agreement will be in effect for a recurring ongoing service term until canceled by Client.
Either Party reserves the right to terminate this Agreement before the end of the service term.
3.a If a residential Client shall so terminate, Client will be able to terminate for free within 24 hours of an upcoming visit.
3.b If a commercial Client shall so terminate, Client shall be responsible for one final billing/payment, as set forth in the schedule in Section 2. Company reserves the right to terminate due to thirty (30) consecutive days of non-payment by Client without notice of termination by Client, and shall bill Client for one final billing/payment, as set forth in the schedule in Section 2 (in addition to any past-due invoices and associated late fees).
4. WARRANTIES. Company shall provide the Services and meet its obligations under this Agreement in a timely and workmanlike manner, performing the Services according to generally acceptable standards in this industry, community, and geographic area. However, Company expressly disclaims any and all warranties or guarantees as to results in the event that Client does not follow Company’s recommendations as to reasonable lawn care and maintenance (including, but not limited to: watering schedule, lawn care products, etc.).
5. FORCE MAJEURE. If performance of this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control, and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation: acts of God, fire, explosion, vandalism, natural disaster, acts of military or civil authority, local or national emergency, or prolonged energy or supply shortage. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
6. RELATIONSHIP OF THE PARTIES. Nothing whatsoever in this Agreement shall be construed as creating any employer-employee relationship, nor partnership, nor joint venture relationship by and between the Parties. Company’s relationship to Client shall be strictly that of independent contractor.
7. FORUM AND VENUE. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to any conflict of laws principles thereof. In any action arising out of, or relating to, this Agreement, the exclusive forum and venue for said action shall be the State Courts of Travis County, Texas, and each party waives any claim of undue hardship or inconvenience with regards to such forum and venue.
8. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties, and may not be contradicted or superseded by evidence of any prior, contemporaneous, or subsequent oral agreements.
9. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, said provision shall be treated as severed and separated from the Agreement, and the remaining provisions will continue to be valid and enforceable.
10. AMENDMENT. This Agreement MAY BE AMENDED FROM TIME TO TIME BY US WITHOUT NOTICE.
11. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person, or by certified mail, return receipt requested, to the address set forth in the opening paragraph (or to such other address as one party may have furnished to the other in writing), or by electronic mail, or by facsimile.
12. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with that, or any other, provision of this Agreement.
13. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising out of, or relating to, this Agreement, the prevailing party shall be awarded its reasonable and necessary attorney’s fees and costs of court, in addition to any other damages or remedies awarded.
14. MEDIA RECORDING AND RELEASE CONSENT. You give us full legal consent to record videos, audios, photographs and any other digital or non-digital medium of your property to be released, used, reproduced, exhibited, and distributed in any format (e.g print publications, video tapes, CD-ROM, Internet/WWW) for any purpose that 50K Professional Lawn Services LLC, and those acting pursuant to its authority, may deem fit, including promotional or advertising efforts. You agree to release 50K Professional Lawn Services LLC and those acting in pursuant to its authority from liability for any violation of any personal or proprietary right you may have in connection with such use. You understand that all such recordings, in whatever medium, shall remain the property of 50K Professional Lawn Services LLC.
15. LIABILITY. ALL LIABILITY OF US, OUR DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OFFICERS AND SUCCESSORS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SITE OR SERVICES IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF US, OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS OR SUCCESSORS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED U.S. DOLLARS ($100.00). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 50K PROFESSIONAL LAWN SERVICES LLC BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ANY OF SUCH PERSONS OR ENTITIES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SERVICES FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY CONTRACTORS IN CECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY OR PERSONAL INJURY, DAMAGE TO PROPERTY AND/OR ANY OTHER DAMAGES RESULTING FROM PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEE, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES.
16. INDEMNIFICATION. You shall defend, indemnify, and hold harmless the Company from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to Your use or misuse of, or access to, the Site or Services, violation of these Terms, breach of representations herein or third-party using Your account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses.