TERMS AND CONDITIONS

Term

This agreement, signed on the date listed on the signup form, is between the Customer and the Contractor, Arete Lawn Care Services. This agreement shall last for 12-months starting from the date signed, and shall automatically renew after each 12-month period until the customer indiciates that they would like to discontinue their service agreement. The property to be serviced is listed in the signup form.

Scope

The Contractor is to provide lawn care services such as mowing, weed whacking, blowing, and other lawn care services such as weed control at the reasonable request of the client from the beginning of March until the end of October. Only the services of mowing, edging and blowing are expected on every visit. Services such as fertilizing, weed n’ feed application, and other various lawn care services may be performed but it is the Customer’s responsibility to request such services for the Contractor to perform. If the Customer doesn’t request specific additional services to be performed, there is no expectation for extra services to be performed.

Once-a-month visits are optional in the months of November, December and February upon customer request. There are no visits in January if weather prevents work being done. Requests from customers do not obligate the Contractor to perform all services at once or within the first few visits, only within the time period of this agreement, although the Contractor will attempt to perform all requested services within a timely manner. Services such as trimming extra-large hedges over 10 feet tall or bringing in new bark to be spread in the beds are not covered in this agreement.

Customers that did not select a “premium” maintenance plan for their instant quote have no expectation of extra services such as fertilizing, weed control, hedge trimming, or overseeding, but may be done if the Contractor agrees to do so.

Customer Requirements

The Customer shall make their property accessible for services to be performed Monday-Friday between 8am to 5pm. If the Contractor is unable to perform services because of inaccessible property, the Contractor is not obligated to perform services that visit. Not allowing the Contractor to perform services is considered a non-accessible property. Locked gates are considered an inaccessible property unless the Customer shares a combination lock code with the Contractor in order to allow access.

If the customer finds any deficiencies or would like a change in the services offered or in the way they are performed, it is up to the customer to communicate in a clear way to the Contractor. The Contractor will make a valid effort to remedy all reasonable customer complaints over the course of the length of this agreement.

Frequency

Services shall be performed at the frequency listed on the first page from the beginning of March until the end of October including optional monthly visits in February, November and December if requested by the Customer. Any missed visits will be made up in the future and do not indicate a violation of this agreement. Services do not necessarily have to be every 7 or 14 days. Services not being every 7 or 14 days does not constitute a violation of this agreement. The Contractor reserves the right to reschedule as needed without issuing a refund. If winter conditions prevent visits during the months of November, December, or February, those visits are not necessary to make up and there is no refund.

Visit Acknowledgement

The Customer agrees that the Contractor may prove evidence of a service visit in a courtroom setting by use of dispatching software information showing time and visit address. The Customer agrees that the Contractor has no obligation to prove visit information outside of a courtroom setting in order for monthly payments, late fees, and any other fees or charges outlined in this agreement to be applicable, and assumes that all scheduled visits were in-fact performed unless significant evidence proves otherwise.

Deficiencies

The Contractor agrees that any noted deficiencies will be addressed at future scheduled visits. Customer dissatisfaction is not a valid reason for termination unless the two-month cancellation fee is paid.

Modification or Amendment

This agreement constitutes the entire understanding between the Customer and the Contractor and no modification, amendment, renegotiations or other alteration to the terms of the agreement shall be of any force or effect unless mutually agreed upon by the parties and embodied in writing.

Force Majeure

In the event of a disaster such as an earthquake or fire or any other disaster, as long as the Contractor is able to perform services, the Customer is obligated to uphold their duties (including payment) unless otherwise agreed upon in writing and signed by both parties.

Termination

The Contractor may terminate this agreement at any time. A Customer’s refusal of payment is interpreted as a cancellation in which their entire contract amount would become due along with any other associated fees. Contract termination does not result in a refund of payment nor a forgiveness of debts not yet paid. Other reasons for contract termination include:

1. The Customer may cancel for an additional two month’s payment as a fee. If the Contractor has visited once in that month, the additional payments must include payment for the next two full months. For example, canceling in the middle of August would result in a cancelation fee of September and October’s payment in addition to the charge for August paid at the beginning of the month. If the customer cancels in the beginning of August (for example), then only the August charge and the September charge would be required.

If the Customer refuses to pay the cancellation fee, their entire 12-month contract is due immediately, without services continuing until the end of this agreement, and this agreement will NOT automatically renew.

Pricing

The Customer agrees to pay the monthly price including additional local sales tax for 12 months. If the customer filed out an instant quote, the monthly price agreed to can be found on the accompanying ‘instant quote’ that was filled out prior to signing this agreement. The Customer agrees that the price selected on the ‘instant quote’ form is the price that applies to this agreement and understands that local sales tax may apply to the total, and that the exact price may not necessarily be listed on this signed agreement.

Applicable Law

The Customer agrees that a $50 fee shall be added for any collection efforts that result in the Contrator filing a lawsuit. The Customer agrees that in the event of a lawsuit regarding payments and fees owed to the Contractor, the Customer shall submit to a debtor’s examination and reveal financial information such as bank account information to aid in collection efforts. The Contractor may use other methods not listed in enforcement of collection of debts.