Terms and Conditions of Service

Introduction

The purpose of this Terms and Conditions of Service Agreement (herein referred to as the “agreement”) is to provide a framework for the delivery of service(s) that meets or exceeds the expectations, also referred to as service item description or scope of work (SOW), of any current or potential purchaser of said service (herein referred to as the “client”.) By signing and agreeing to any quote, estimate or proposal, the client acknowledges that they have read and understood Mike’s Professional Lawn Care Terms and Conditions and accept that the terms and conditions therein apply to the quoted work, and to any and all future work even in the absence of a separate written agreement


Effective Date

This agreement has an effective date from the time of acceptance of an estimate, quote, or proposal and shall remain in place for a period of no less than two calendar years (730 days) from the last date of service, or from the date the client or Mike’s Professional Lawn Care (herein referred to as the “Contractor” or MikesPLC) terminates service(s) in writing. This applies to both one off jobs and regularly scheduled recurring service(s).


Obligation Not to Use or Disclose

Both parties agree to keep confidential all information concerning the other party’s business, ideas, products, customers, services,trade secrets, know-how, technical data, proprietary information or other intellectual property including but not limited to sketches, pricing, markets, processes, formulas, designs, drawings and methodology. Contractor shall not use any information obtained for any purpose whatsoever other than the performance of the services for the benefit of the client, nor disclose any information to any third party other than its employees or subcontractors who have a need for knowledge of the the information solely in connection with the performance of services.


Governing Law and Resolution

This agreement shall be governed in accordance with the laws of the Commonwealth of Pennsylvania and the County of York. Each party agrees and consents that any dispute arising from, or in relation to this agreement shall be governed, interpreted and enforced in accordance with Pennsylvania law. In the event of dispute, both parties agree to initially attempt to resolve such disputes through informal negotiation and discussion. Formal proceedings should not commence until such discussions are concluded without a reasonable resolution.


Acceptance and/or Change of Scope

The estimated, proposed, or quoted price or project may vary due to unforeseen labor burden, material usage or any other unexpected reason during the completion of work by up to 20% before a new quote or change order is needed with approval in writing. The client may modify or add to the scope of services agreed to between the parties at any time. If changes are substantial, a new quote will be issued for approval. Regardless of scope modification, changes must be submitted and approved in writing (i.e. text message, email, or other legible note or document). Any changes made to a work scope shall be deemed to

incorporate therein the terms of this agreement. In the event of any conflict between the SOW or item description and this agreement, the SOW will control. Estimates are valid for 30 calendar days, after which pricing is subject to change. Acceptance of, or change to any estimate or SOW via email, text message, is legally binding under this agreement for contractual purposes and client agrees to payment terms set forth.


Invoicing and Payment Terms

Upon completion of service(s), the contractor will submit an invoice to the client including the details of the work provided and total amounts payable. The client will make full and complete payment to the contractor with in the payment terms stipulated on the quote or invoice pertaining to said service(s). Any and all monies still owed after 30 calendar days (unless a separate agreement is in place) are subject to late payment fees. The late fee is $50 or 5% of the balance owed, whichever is greater. If client is late in payment, in any way, the contractor reserves the right, at their discretion, to withhold delivery of any services and/or materials, as well as cease any work in progress until all overdue payments have been made. Should a termination of work or this agreement be made by the client, the contractor shall be paid for any and all authorized work performed through the date of termination. Termination of work must be received in writing, furthermore, payment terms on any approved quote, estimate or work scope are immediately void and default to due upon receipt.


Renewal of Recurring Services

Regularly scheduled recurring seasonal services will automatically renew each season and the client does not have to contact MikesPLC to initiate a new service contract. Should client wish to terminate recurring services they may do so at any time, in writing, and at least 72 hours prior to the next scheduled service visit. Recurring service items include, but are not limited to mowing, turf treatment applications, aeration (if part of lawn care plan) shrub care applications, mosquito control, and any items listed on a work scope as part of a seasonal maintenance plan. One-off service items (i.e. mulching, pruning, single service items) or services performed once a year will not automatically renew unless they are part of a maintenance package that includes a

recurring seasonal item.


Notices to Clients

A. Lawn Care / Pest Control

  1. Lawn care packages auto renew, however can be canceled after the first FULL year of service. Balance of contract will be invoiced if canceled prior to the end of the initial year of service. The seasonal cost of lawn care packages is divided evenly and invoiced per VISIT, the day of the visit, and due upon receipt unless otherwise stipulated.
  2. Seeding rates for over seeding or aeration and overseeding service is approximately 6lbs/1000sqft
  3. Core Aeration and Slice Seeding - the home or property owner is responsible for accurately marking any irrigation heads, invisible dog fences, lighting wires, or any other underground wires or obstacles that could be damaged when penetrating soil up to 5” deep.
  4. Aeration on steep hills or in low quality / shallow rooted turf can cause tearing or gouging of soil. We will use caution and best operational practices to prevent this from occurring but make no guarantees against some disruption of the turf
  5. Aeration and slice seed services can leave some soil residue or equipment tire tracks on paved surfaces such as driveways and walks. We do our best to clean up and blow these areas off, however depending on conditions, some marks will not come off until rain or water washes over the surface. These dirt marks, if any, are not permanent.
  6. Excessive Pet Waste - Please reference Section B-2 below

B. Mowing Services

  1. Please remember to remove any items (ex. hoses, toys, decorations, pet waste, etc) in the lawn prior to your day of service. We are not responsible for damage to any items left in the lawn. Large lawn items, such as trampolines, will try to be moved if possible to mow under and around them, ultimately we reserve the right to not move such items at our teams discretion.
  2. Limbs, sticks, excessive leaves and any other debris that may have accumulated in the lawn due to storms, wind, or any other act of God are to be cleaned up by the homeowner. Should we arrive and there is an excessive amount of debris in the lawn, there will be an additional charge for clean up prior to mowing billed at $85 per man hour with a $40 minimum. This fee does not include any dumping or disposal costs that could be incurred.
  3. MikesPLC reserves the right to charge up to a $40 equipment cleaning fee for large amounts of unattended pet waste left in the lawn. As a curtsey, we will email you first to make you aware of the conditions. If the problem persists, we will add the cleaning fee to future lawn mowing or maintenance invoices without any further notification.
  4. Cancelations / Skipping - mowing clients can skip, per their request, a weekly mowing visit due to lack of growth, self performed mowing or a good samaritan (i.e. neighbor or relative) cutting the lawn. Any such request must be received by 4pm EST the day prior to service. We will make every effort to accommodate requests received after this, however should our team arrive, and the lawn already be serviced OR a client or representative of the client insist the lawn not be serviced, there will be a $40 arrival fee assessed.
  5. A mowing client may not skip more than 2 regularly scheduled visits in a row. Doing so will result in the associated fees of bi-weekly service being automatically charged.
  6. b. Should a client skip a service visit and the lawn be excessively long the following week and require double mulching or the collection of clippings to be cut at regular service height, the associated fees for such will be automatically charged.
  7. We do our best to clean all hard surfaces from any grass clippings and avoid mowing in excessively wet conditions as much as possible, however some lawn areas “hold” more water than others, or our teams get caught in a rain shower completing a job. Depending on conditions, some grass may stick to hard surfaces that cannot be removed with our blowers. This is to be expected under these conditions and will come off with the next rain shower, garden hose or at the next service visit

C. Landscaping / Plants

  1. Plant Guarantee - MikesPLC guarantees all plants for 1 year from the time of installation. We will replace any plant that does not survive the first year on your property. We do not replace plants that become discolored, decline but are’t dead, or show any signs of improper horticultural practice (i.e. improper pruning, over or under watering, smothered with mulch, etc).
  2. When replacing a plant that does not survive the first year, we cover the cost of the replacement plant 100%. The labor costs associated with installing a replacement plant will be billed to the customer at $65 per man hour, otherwise the plant will be delivered to the home / property owner for self-installation. MikesPLC does not guarantee any plants that are provided by or installed by any other parties.
  3. b. Clients are responsible for proper watering and after care of any plants or lawn renovations including planted seed once it is installed. No warranties or guarantees are expressed or implied in regards to proper seed germination or germination rates.
  4. Mulching - dyed mulches installed should be allowed to dry for at least 24 hours, with 48 hours being best. We will do our best to plan accordingly around weather to meet customer deadlines, however ultimately are not responsible for dye washing off the product once it is installed. Furthermore, we are not liable for mulch washing out of beds due to a heavy rain once it is installed.
  5. Hard cut bed edging is typically performed in conjunction with mulching or spring clean up services. The customer is responsible for notifying AND marking any underground wire, pipes, or obstacles that could be hit in and around planted areas while cutting into the soil up to 5-6” deep. This process is typically done by hand with a flat sharpened shovel or by machine trenching around the existing bed edges.
  6. Landscape Design - Any landscape design, rendition, and/or estimate is proprietary to and considered intellectual property of MikesPLC whom reserves all rights to such information. Any information provided to a potential client is done so in confidence and for the sole purpose of coming to an agreement for work to commence. You agree that at no time will you share, or disclose to any third party any information contained in any design plans or prop

D. Refunds and Card on File Policy

  1. Refunds - will not be issued for any products or materials purchased, ordered or delivered to any job site. If a cancelation occurs, we will refund deposits less any materials purchased or used and any labor and/or expenses incurred performing work or related to the completion of work for that particular job.
  2. We reserve the right to request that a client keep an active and non-expired bank/checking/credit card on file for any work or projects to commence or continue. Furthermore, MikesPLC reserves the right to attempt to charge and/or collect from any card(s) on file for any balance(s) owed past 30 days. The client hereby waives his/her rights to dispute any transaction resulting from a card being charged for past due invoice(s) of 30 days or more. 

E. Weather

  1. Outside conditions play a factor in our line of work. Inclement weather can effect scheduling of services we provide and/or alter the results of services just as mowing when lawns are wet, collection of grass, washing out mulched area, mulch color fading, effectiveness of weed control or insect control, etc. While we monitor these conditions and probabilities closely, we are not liable should unforeseen weather events have an adverse effect the outcome of a project. Mike’sPLC reserves the right to make schedule changes as seen fit to deliver the best possible outcome for the customer.


MikesPLC is an assumed name of Mike’s Professional Lawn Care, LLC


All Rights Reserved. This is an original document created for and to be used exclusively by Mike’s Professional Lawn Care, LLC. Use of this document in part or in full for or by any third parties is strictly prohibited.