Terms and Conditions

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 These Terms and Conditions are the standard Terms and Conditions that Lone Star Dreamscapes offers for all of its customers. These Terms and Conditions apply to all Customers unless otherwise specified in a separate contract direct with the customer.

If Client is other than the record owner of each property where goods or services will be delivered under this Agreement, then Client is executing and entering into this Agreement on its behalf and as a duly authorized agent for the record owner(s) of those properties. Now, therefore, Provider and Client mutually agree to the following terms and conditions. 

Services: 

• During the Term (defined below), Provider shall complete services in accordance with applicable professional horticulture standards and any local requirements or regulations in effect, using appropriately trained, uniformed, and supervised personnel, and properly maintained equipment. 

• All tools, equipment, materials, and landscape generated landscape waste will be removed from each site after services have been completed. 

• Provider will perform the services in a good and workmanlike manner. If we are not able to perform a specific weekly service due to weather conditions, the Provider will correct the issues on the next regular maintenance visit and will proactively notify the designated point of contact for the properties effected. 

Terms: 

• The Initial Term of this agreement between Provider and Client detailed in Exhibit C, will automatically renew annually on each anniversary of the Initial Term with a 3% increase, unless otherwise agreed by both parties before renewal. 

• Provider is not responsible for irrigation repairs made by other vendors unless specifically authorized before the repair by an authorized officer of the Provider. 

• Provider is not responsible for the warranty of any plant material installed by the customer or other vendors during this contract. Provider is not responsible for any damage of any kind that is not caused by the negligence of Provider, its agents, or employees.

• Provider reserves the right to utilize subcontractors, at its own expense, for services requiring specialized equipment, licensing, or for a specific issue, i.e., licensed electrician, light or tree work involving excessive heights, etc.

Insurance:

• The Provider will at all times maintain the legally required amounts of Workmen's Compensation insurance, unemployment compensation, general liability, and property damage coverage for the protection of the Client and Provider. A certificate of insurance can be provided to the Client upon request. 

• Provider shall, at all times, maintain liability insurance to protect Provider and Client from any claim that may arise out of, or result from, Provider's work under this contract. The policies of such liability will be written on an "occurrence" basis and will be in the amount of not less than $1,000,000 per occurrence. Provider shall be responsible for any deductible. The provider will provide certificates of insurance upon request. 

Service Fee:

• During the term of the Contract and any renewal periods, Provider will perform all exterior landscape maintenance listed in Exhibit A.

• Client will be invoiced monthly by the 5th of each month, via email, with payment due no later than the 10th. Occasionally, there may be services performed outside the scope of this contract. Invoices related to those services are due upon completion unless otherwise stipulated in writing. 

• Monthly invoices reflect the scheduled services only and are based on the annual contract. 

• Payments are accepted through check, credit cards, and ACH (e-check) via our online payment portal. If you choose to pay via credit card, processing fees will be the responsibility of the Client.

• The values in this contract are based upon acceptance of the contract in its entirety. Requested changes in contract terms and/or scope of work may affect final contract value and related invoices. Provider reserves the right to renegotiate the contract during the term only if the scope of work changes or if the price of the scope of work is affected by local, state, or federal regulations and/or ordinance. Sales tax rate changes will not affect contract terms. 

• Prices contained in this proposal do not include taxes or any additional licenses, permits, surcharges, or additional authorized work that may be required to perform services to your property, unless specifically noted.

• Invoices not paid within terms (10 days unless otherwise stated) are considered past due and accrue a finance charge of 1.5% per month (18% APR) or the highest legal rate, whichever is less. 

• The annual contract value, which is invoiced monthly, is for the Client’s convenience only. Invoice amounts do not necessarily reflect the actual cost or value of Services performed during any month or other invoice period. 

Landscape Improvements:

• Any additional landscape services, beyond the general scope of this contract, will be at an additional charge with written approval from the Client. 

Warranty:

• There is no warranty for any and all plants that are installed by Lone Star Dreamscapes. Lone Star Dreamscapes can be contracted for plant installations, but is not responsible or liable for the life of the plant, as there are many factors outside of the control of Lone Star Dreamscapes. All irrigation repairs have a 1-year warranty unless outside forces/acts of God are present that cause the irrigation issue to break again. 

Contract Conditions:

• Client agrees to inspect the property within two (2) calendar days after completion of any work performed by Provider. If Client is dissatisfied with any of the work, Client shall provide written notification to Provider within three (3) calendar days thereafter. Failure to timely provide such notice shall waive any warranty remedies. After receiving the Client's written complaint, Provider shall have seven (7) calendar days to repair or correct such work at no additional expense to the Client. • Client agrees promptly to review each invoice received from Provider. If Client has any complaint or concern about the charges reflected on the invoice, Client shall provide written notification of such concerns to Provider within ten (10) calendar days after the invoice date. Failure to timely provide such notice shall waive any rights to recourse related to the charges reflected on that invoice. • Provider may suspend or terminate services for late payment if Client fails to pay an invoice within ten (10) calendar days after Provider provides written notice of non-payment to Client. • Client acknowledges that early termination by either party may result in unrecovered costs associated with the amortization of the annual contract and that Provider is entitled to recover those costs, should they exist, on the final invoice. 

Liabilities: 

• The Provider's liability shall be limited to the following: 

• The Provider shall repair any damage to the property caused by the Provider's negligence.

• The Provider shall not be responsible for damage or death of plant materials caused by circumstances beyond the Provider's control or Acts of Nature. The services of the Provider can be delayed for a reasonable length of time due to Acts of Nature or circumstances beyond the Provider's control. If the Provider is unable to perform work as outlined due to uncontrollable circumstances or Acts of Nature, the Client is still required to pay appropriate fees for that period. 

• NOTWITHSTANDING ANY OTHER TERMS HEREIN, PROVIDER'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS IN TORT, CONTRACT, OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE PAYMENTS CLIENT HAS MADE TO PROVIDER UNDER THIS CONTRACT. 

Termination:

• Upon thirty (30) calendar days prior written notice to the other party, either party may terminate this contract. If the Contract is terminated prior to the contract end date by either party, the unpaid contract value will be subject to reconciliation for the value of services provided to the payments made by the Client up to the termination date. 

• 30 days required for cancellation by either party. After 30 days of a written cancellation request, the contract is null and void. 

• Final Payment or refund will be made within 30 days of the cancellation notice's effective date.