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Terms of Service

OVERVIEW

This website is operated by Lawnsmiths LLC. Throughout the site, the terms “we”, “us” and “our” refer to Lawnsmiths LLC. Throughout the site, the terms “you”, “client”, "customer", "user" and “property owner” refer to you, the user of this website and/or the person or party for which our professional Service(s) is/are rendered.  Lawnsmiths LLC offers this website, including all information, tools and services available from Lawnsmiths LLC to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and users of any Service Lawnsmiths LLC offers, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website and/or our Services. By accessing or using any part of the site, agreeing to a quote, and/or accepting Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store and any new or modified Service(s) shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or our Services following the posting of any changes constitutes acceptance of those changes.

Our store, and/or quoting software is hosted on Wix and Jobber (Octopusapp, Inc.), and payment processing is hosted by Stripe, Inc.  They provide us with the online e-commerce platforms that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS / SERVICE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site and/or our Services.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site, other than our terms of service, is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

LAWN MAINTENANCE: Included with lawn maintenance are mowing, string trimming, and blowing. Edge maintenance of lawn bordering hardscape areas will be completed every other visit. An additional charge may apply if your edges have not been maintained prior to our first service.  Please make sure your lawn is picked up before our crews show up for service. We cannot be responsible for to children’s toys, dog toys, garden tools, garden hoses, faulty or improperly installed irrigation heads, or any other obstacles that mowers may run over in your lawn. Please take care of dog waste prior to mowing each week. If the aforementioned obstacle(s) are encountered during a service visit, a fee will apply.

SPRING CLEANUPS: Spring cleanups include leaf cleanup and winter debris removal for lawn and planting areas

PRUNING/TRIMMING: Plant pruning/trimming twice per year. This helps maintain healthy, attractive plants. Pruning is ordinarily performed during mid-June and early September.

MULCH: To enhance the appearance of you landscape, retain moisture in planting beds, and slow weed development. We offer brown, red and black colored mulch, cedar mulch and shredded hardwood.

FALL CLEANUPS: Fall cleanups include perennial trimming and leaf cleanup during the month of October and November. Leaf cleanups include cleaning the leaves from landscaping area and the leaves from your lawn. An extra fee will be charged if curbside vacuuming is necessary.

ADDITIONAL SERVICES: Any and all additional Service(s) and/or products offered, sold, rendered, performed and/or carried out by Lawnsmiths LLC and/or any of its agents or employees, shall be bound by these Terms of Service. 

SECTION 6 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 7 - PROHIBITED USES

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information and/or harmful or negative review on any platform related to and/or on which Lawnsmiths LLC appears; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your Service and the use of the Service or any related website for violating any of the prohibited uses.

SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WARRENTIES: We will do our best to provide a Service that you, the customer are satisfied with, but we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate, reliable or repeatable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

LIABILITY: Client shall indemnify and hold Lawnsmiths LLC and its employees and agents harmless from all claims of loss or damage to Property and of injury to persons occurring in, or in any way connected to the Service. Client hereby releases Lawnsmiths LLC from any and all liability of loss or damage to Clients property arising out of Service provided or in connection to Service, theft or any other cause except for willful acts on the part of Lawnsmiths LLC. 

 

INDEMNIFICATION: TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, LAWNSMITHS LLC SHALL NOT BE LIABLE TO THE CLIENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOST PROFIT, LOSS OF BUSINESS OR THE LIKE) ARISING OUT OF OR RELATING TO THESE TERMS, LAWNSMITHS LLC PERFORMANCE HEREUNDER OR DISRUPTION OF ANY OF THE FOREGOING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER SOUNDING IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, LAWNSMITHS LLC AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION PAID BY CLIENT TO THE LAWNSMITHS LLC.

SECTION 9 - SEVERABILITY

PARTIAL INVALIDITY: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

If any term or provision of these Terms and Conditions is deemed to be invalid or unenforceable by a court of law, the remainder of these Terms and Conditions shall not be affected thereby, and each term and provision of this document shall be valid and enforceable to the fullest extent of the law. 

SECTION 10 - ADDITIONAL CHARGES, CANCELLATION(S), PAYMENT TERMS and FEES

FUEL SURGHARGE: In cases where the cost of fuel (high grade) exceeds $4 per gallon, a fuel surcharge will be applied. This surcharge will be $2 per visit when fuel prices are above $4 per gallon, $3 per visit when fuel prices exceed $4.50 per gallon, and $4 per visit when fuel prices are above $5 per gallon.

OBSTACLES, OBSTRUCTIONS AND OTHER HAZZARDS:

If, during our visit to your property for a service, we encounter obstacles or hazards that prevent us from entering or completing a portion of your property due to inattention, neglect, or willful acts on the part of the property owner, the full service fee shall still apply for that visit. Additionally, if hazards or obstacles such as, but not limited to: children’s toys, dog toys, garden tools, garden hoses, faulty or improperly installed irrigation heads, pet waste, nails, metal, or other sharp objects are present or damaged during a service due to being left in an area where service was being performed, a fee will apply. Any damage to obstacles or hazards during a visit is the sole responsibility of the property owner and shall not incur any expense or replacement cost to Lawnsmiths LLC.

Any damage, repair cost, and/or medical bills incurred by Lawnsmiths, LLC, caused by such hazards and/or obstacles to our equipment and/or personnel shall be the full responsibility of the property owner. The property owner accepts and agrees to pay all costs and attorneys fees related to any incident that may take place on the property and/or in connection to the service.

CANCELLATION: Either party reserves the right to cancel any service at their discretion. However, to initiate cancellation, written notification must be submitted via U.S. Mail or Email to lawnsmithpro@gmail.com, and Lawnsmiths LLC must receive the notification at least 15 days prior to the intended cancellation date. The client remains responsible for payment of all scheduled services until written notice of cancellation is received within the specified timeframe. In the event of cancellation with a signed agreement for service, the client agrees to pay 50% of the remaining service agreement for the current agreement/service year, even if Service(s) are not performed due to client non payment, client cancellation and/or client default. The remaining balance becomes due on the date of cancellation by Client.

 

Upon cancellation, if a discount was received for booking advanced services, these discounts will be reverted and client shall be responsible for repayment of discount from date of first service to date of cancellation. This amount will be applied to your last bill.

SCHEDULE OF FEES:

In the event of any physical or mental health issues experienced by our employees, agents, or subcontractors, or any mechanical damage to equipment—whether owned, leased, or rented—resulting from or related to services performed on the client's property, the client agrees to bear the full costs associated with repair, medical bills, attorney fees, and lost wages.

Dog Feces: 

1st occurrence: $50

2nd and further occurrences: full cost of cleaning equipment, trailer and tools, including wages to do so ($75 per hour) and materials needed to clean, including any professional services rendered by a company or person(s) Lawnsmiths, LLC hires to perform cleaning services.   

While Lawnsmiths LLC is performing service(s) to you, the customer under an agreed service, we attach our name and reputation to your property as those who see it, may come to know that we are your service provider.

AS SUCH, WE MAY NEED TO PERFORM ADDITIONAL SERVICES TO KEEP YOUR PROPERTY LOOKING ITS BEST, INCLUDING BUSH AND TREE TRIMMING, SIDEWALK EDGING, LEAF CLEANUPS, ETC. THESE SERVICES ARE NOT CONSIDERED FORESEEN NOR ARE THEIR EXACT TOTAL KNOWN AHEAD OF TIME AS THEY ARE BILLED IN AN HOURLY FORMAT. THESE SERVICES WILL ADD AN ADDITIONAL COST TO YOUR SEASONAL SERVICE TOTAL WHICH WILL BE BILLED ON THE WEEK THE ADDITIONAL SERVICE IS PERFORMED. YOU, THE CUSTOMER AGREE TO, AND SHOULD EXPECT THESE EXTRA SERVICES TO BE PERFORMED IF YOU DO NOT EXPLICITLY INFORM LAWNSMITHS LLC IN WRITING THAT YOU HAVE OTHER ARRANGEMENTS FOR TAKING CARE OF YOUR PROPERTY. YOU, THE CUSTOMER ACCEPT THAT WE MAY STILL PERFORM THESE SERVICES EVEN IF YOU INFORM US, IF YOU HAVE NOT ADEQUATELY TAKEN CARE OF THE ADDITIONAL SERVICE IN QUESTION BEFORE OUR NEXT SCHEDULED VISIT. 

Lawnsmiths LLC will photograph areas of concern for review by the customer. You can request these photograph(s), if available, at any time.

PAYMENT TERMS: Lawnsmiths LLC reserves the right to Invoice and/or charge a payment method on file for payment of balances owed for services rendered, products sold and/or fees incurred by client. If invoiced, invoice will be sent after the last scheduled service of each month. Payment in full is due upon receipt of the invoice. If payment is not received within 5 days of invoice, finance charges will be assessed in the amount of $25 and every 2 days thereafter. If payment is delinquent, the service may be suspended until the balance is paid in full. The Client is responsible for payment of the full Service price on all suspended services scheduled if payment is delinquent.  Returned checks will be subject to a $30.00 fee.  All payments made by any method other than Cash are subject to a convince fee of 3.9% added to the final total of each invoice or payment.

YOUR PAYMENT AS PART A SIGNED SERVICE AGREEMENT IS BROKEN DOWN INTO WEEKLY OR BIWEEKLY PAYMENTS FOR YOUR CONVENIENCE. SERVICE PRICING IS NOT BASED ON ACTUAL SERVICES PERFORMED. IT IS BASED ON A FORMULA ACCORDING TO SEASONAL FORESEEN SERVICE COSTS. IF LAWNSMITHS, LLC DETERMINES A PROPERTY DOES NOT NEED SERVICE, WEATHER DOES NOT PERMIT SERVICE TO BE PERFORMED ON A SCHEDULED DATE, OR FOR ANY OTHER REASON LAWNSMITHS LLC DETERMINES SERVICE CANNOT OR SHOULD NOT BE PERFORMED, THE WEEKLY OR BIWEEKLY PAYMENT WILL STILL BE COLLECTED AND APPLIED TO YOUR SERVICE AGREEMENT TOTAL.

SECTION 11 - DEFAULT, COSTS, TRANSFER OF AGREEMENT AND ATTOURNEYS FEES

DEFAULT:  In the event that the Payment Amount is not received by Lawnsmiths LLC when due, the Client shall be in default of these terms and conditions. If Client is in default, service visits may be suspended. If Client is in default, Lawnsmiths LLC may electronically debit the Client Payment Method on file for the remaining Payment Amount, without further notice as provided for by law. You, the Client, authorize Lawnsmiths LLC to electronically debit your bank account or electronically debit your credit/debit card on file according to these terms and conditions.  You acknowledge that electronic debits against your account must comply with United States Law.

 

COSTS AND ATTOURNEY'S FEES:

In the event that attorney’s fees or other costs are incurred by Lawnsmiths LLC as a result of Client non payment and/or default, Client agrees to pay said attorney’s fees and costs. These costs may include charges of $75 per hour for attempted collection of all delinquent payment and/or debt, including emails, phone calls and other forms of communication, days lost for appearing in court and all other costs associated with collection of payment with a minimum of one hour charged per attempt. 

IN THE EVENT THAT ATTORNEY’S FEES OR OTHER COSTS ARE INCURRED BY LAWNSMITHS LLC AS A RESULT OF INJURIES SUSTAINED AND/OR MECHANICAL DAMAGE TO EQUIPMENT DUE TO HAZARDS ON THE CLIENT'S PROPERTY, INCLUDING DELAYS ON PROPERTY FOR ATTEMPTED REPAIR AND COLLECTION OF EQUIPMENT, REGARDLESS OF EVIDENCE OF HAZARD AND/OR DAMAGE, CLIENT AGREES TO PAY SAID ATTORNEY’S FEES AND COSTS.

RIGHT TO SELL AGREEMENT/CONTRACT:

 

The Client expressly agrees to allow Lawnsmiths LLC to sell, or donate ("Transfer") your service agreement and/or contract to another entity, organization or person(s) at any time.  Your agreement/contract shall remain binding upon Transfer to the 3rd party and all terms of service agreed upon shall remain in force. The 3rd party will resume the full extent of your agreement thereafter, including these terms and the ability to terminate or sell your agreement in the future. Upon Transfer of agreement, Lawnsmiths LLC will no longer be responsible for any claims and/or attorneys fees thereafter made by client or 3rd party, nor shall Lawnsmiths LLC be bound to the client for any reason thereafter.

SECTION 12 - RIGHTS OF SERVICE PROVIDER

RIGHT TO ENTER PREMESIS: Service Provider may, at any reasonable time (7am-5pm), enter the Property for the purpose of completing, inspecting and/or making repairs to, the Service agreed upon.

WAIVER: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The waiver by Lawnsmiths LLC of any default or breach of any covenant or duty of Client under these Terms of Service shall not be a waiver of any subsequent default or breach or of any other covenant or duty, or of any subsequent breach of the same covenant or duty.

RIGHT TO PHOTOGRAPH: Client shall permit Lawnsmiths LLC or person(s) employed or engaged by Lawnsmiths LLC, without compensation or consideration to Client, to take photographs at the Property site of both completed Service, Service in progress, and/or before Service, for purposes including, but not limited to, publication in print media, publication via the Internet, as confirmation of Service completion, and use in marketing materials used by Lawnsmiths LLC. Such photographs and any accompanying descriptions shall not identify Client or the Property address of the project without the express written consent of Client.

SIGNAGE: The Client agrees to allow Lawnsmiths LLC, its agents or employees to install signage, including lawn signs and banners, on or near your property, without compensation or consideration of or to client, for the purpose of promoting our business.

SECTION 13 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

BINDING EFFECT: These terms and conditions shall inure to the benefit of, and shall be binding upon the parties hereto and their respective heirs, representatives, successors and assigns. 


SECTION 14 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 15 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 16 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at lawnsmithpro@gmail.com and/or to:

Lawnsmiths, LLC

21 Wilbraham Street, Suit A8

Palmer MA, 01069

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