Terms of service.

Term:

This agreement becomes effective on the date the client accepts a quote from Pappas & Co. Landscaping and will remain in effect until terminated as outlined below. The agreement will automatically renew each year unless canceled by the client or Pappas & Co. Landscaping. To cancel, the client must provide written notice at least 30 days before the renewal date.

Scope of Services:

The services provided will be as outlined in the proposal or agreement between the client and Pappas & Co. Landscaping. Additional work requested by the client will be performed at an additional cost, with a separate quote provided.

Payment Terms

  • Mowing Services:

    • For per-service mowing, invoices will be sent on the final day of each month.

    • For monthly mowing contracts, invoices will be sent on the first day of each month.

  • All Other Services: Invoices will be sent upon job completion.

  • Payments are due upon receipt.

Late Fees & Justification

Pappas & Co. Landscaping incurs upfront costs to complete all work, including labor, materials, and equipment. Late payments create a financial burden and disrupt business operations. To ensure fairness, the following late fees will apply:

  • A 10% late fee will be applied if payment is not received within 30 days of the invoice date.

  • An additional 5% late fee will be applied for each additional 30-day period past due (60 days, 90 days, etc.).

  • If payment is not received within 60 days, services will be suspended, and Pappas & Co. Landscaping reserves the right to initiate collection proceedings.

Additional Payment Policies

  • Accepted Payment Methods: Major credit cards, Zelle, cash, checks, money orders, and bank transfers.

  • Returned Checks: A $25 fee will be applied for any returned checks..

Fuel Surcharge: A fuel surcharge may be applied based on significant fluctuations in fuel prices.  

Scheduling and Access:

  • The client must provide access to the property at scheduled times. If access is restricted or scheduling changes occur, the client must notify Pappas & Co. Landscaping in advance.

  • Pappas & Co. Landscaping may move personal property as reasonably necessary to perform services but is not responsible for any damage resulting from moving such items.

Lawn/Plant Installs (If Applicable):

  • The client is responsible for watering newly installed lawns (sod or seed) and plants twice daily or as recommended to ensure proper growth.

  • Pappas & Co. Landscaping is not responsible for plant or lawn failure due to lack of watering or improper care after installation.

Property Condition:

  • The client is responsible for ensuring the property is free of obstacles, hazards, or pre-existing damage that may impede services.

  • Pappas & Co. Landscaping is not liable for damages to underground utilities, irrigation systems, invisible fences, or other concealed infrastructure unless explicitly marked and disclosed by the client.

Materials and Equipment

  • Pappas & Co. Landscaping will supply all materials, tools, and equipment necessary to perform the agreed-upon services unless specified otherwise.

  • Any specialized materials or equipment requested by the client will incur additional charges.

Weather Disruptions:

  • If inclement weather prevents services from being performed, Pappas & Co. Landscaping will make reasonable efforts to complete the service the following business day. However, service on the next day is not guaranteed and will be rescheduled based on availability.

  • Refunds or credits will not be issued for weather-related delays unless the service is permanently canceled.

Liability and Insurance:

  • Pappas & Co. Landscaping carries general liability insurance, automobile liability insurance, and workers’ compensation insurance as required by law.

  • The client is encouraged to maintain their own homeowner’s or property insurance to cover any potential damage or liability unrelated to Pappas & Co. Landscaping’s direct services.

Quality of Workmanship:

  • Pappas & Co. Landscaping will perform all services with due care and in accordance with industry standards.

  • If defects or deficiencies in workmanship occur, the client must notify Pappas & Co. Landscaping within 7 days of service completion. If the issue is due to improper workmanship, it will be corrected at no additional cost.

  • Issues resulting from natural wear, environmental conditions, or improper client maintenance are not covered under this clause.

Cancellation and Termination: 

  • Either party may terminate this agreement by providing written notice in the event of a material breach. The breaching party has 7 days to cure the breach upon receipt of written notice.

  • Pappas & Co. Landscaping may cancel this agreement for any reason with 15 days’ written notice.

  • Clients wishing to cancel must provide 15 days’ written notice, and a final invoice will be issued for all work completed up to the termination date.

  • No refunds will be issued for prepaid services or unused portions of seasonal service contracts.

Independent Contractor: 

Pappas & Co. Landscaping is an independent contractor and is not an employee, partner, or agent of the client. This agreement does not establish a joint venture, partnership, or employment relationship.

Indemnification:

Pappas & Co. Landscaping agrees to indemnify and hold harmless the client from claims, damages, and liabilities arising directly from its performance of work, except where such claims arise due to the client’s negligence or misconduct.

Limitation of Liability:

  • The total liability of Pappas & Co. Landscaping for any claim, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the client under this agreement.

  • Pappas & Co. Landscaping is not liable for indirect, incidental, consequential, or special damages, including but not limited to loss of business, property damage due to external factors, or delays caused by third parties.

  • These liability limitations will survive the termination of this agreement.

Jurisdiction:

This agreement shall be governed by the laws of the State of Ohio. Any disputes shall be resolved in the county courts of Cuyahoga County, Ohio.

Dispute Resolution:

  • Any disputes will first be subject to good-faith negotiations between the parties.

  • If a resolution cannot be reached, the dispute may be subject to mediation or arbitration before legal action is pursued.

Force Majeure: 

Neither party shall be held liable for delays or failure in performance caused by events beyond their reasonable control, including but not limited to:

  • Acts of God (floods, tornadoes, earthquakes)

  • War, terrorism, riots, labor strikes

  • Governmental restrictions or regulations

  • Epidemics, pandemics, or public health emergencies