Payment of Service: Contractor agrees to send Customer a copy of the invoice at the end of the Billing Cycle selected above for services performed as listed on this Service Agreement, any amendments to this Service Agreement, any services requested by the Customer and completed by the Contractor outside of this agreement, and applicable fees. Customer agrees to pay for all services completed and be timely and considerate in payment of completed services, including making payments by scheduled dates. Payment is due fifteen (15) calendar days from the invoice date. Customer agrees to pay a five percent (5%) late fee for invoices thirty (30) calendar days past due.
Weekly Billing Cycles will be invoiced on Saturdays of the week services are performed and will include all services completed during that week. For the purposes of this Service Agreement a service week will begin on Sunday and end on Saturday. The invoice date will be the Saturday of that service week.
Monthly Billing Cycles will be invoiced on the last day of the calendar month that services are completed. The invoice date will the last day of that month.
Card on File Authorization: Customer authorizes the Contractor to charge Customer’s credit/debit card on file for any invoices greater than 60 days from the invoice date. This includes any fees or late fees that apply, and any services performed by the Contractor for the Customer within or outside of this Service Agreement.
Fees: Customer agrees to pay applicable fees found on our fee schedule page on our website (https://bdhlawncare.com/fee-schedule). Customer understands and agrees that fees will be in addition to “Price Per Service” amount listed above. Fees are subject to change without notice.
Inclement Weather: In the event of Inclement Weather, this includes but not limited to rain, hail, snow, sleet, high wind, or unsafe or hazardous weather condition, Contractor may be unable to perform scheduled services.
In all circumstances above, Contractor will, upon notice, reschedule to another day either before or after the agreed upon service day. Contractor will provide notice if Contractor advises to skip services altogether.
Pause of Services: The Contractor understands that there are certain times of the year where services may not be required on a regular basis or at all. Either the Customer or Contractor may request to Pause Services until needed again. A Pause of Services does not invalidate the terms of this Service Agreement. This Service Agreement and its terms will remain in effect unless updated and signed or cancelled in writing by the Contractor or Customer.
Property Access and Gates: The Customer will grant the Contractor access to the lawn during regular business hours Monday through Friday and from the times 7:00am to 7:00pm local time and additional mutually agreed upon times. Fees may apply if Contractor cannot access the Customer’s Property during these times and Contractor must return another day to complete service. Customer also agrees to have yard picked up and clear of pet droppings. Contractor may mow around pet waste and other objects if they are not cleared prior to service. Contractor is not responsible for items left lying in Customer’s Property by Customer. Contractor and its employees will make every reasonable attempt to close any gates opened for services; however, Contractor does not assume any liability if gate is left open.
Promotion: The Customer hereby authorizes the Contractor to take photographs and videos of the Customer’s Property for the use of promoting the Contractor’s landscaping services at the Contractor’s discretion and grants the Contractor the sole right in the intellectual property of any such photographs and videos.
Governing Law: This Service Agreement shall be governed under the laws in the State of Texas and venue will be in Tarrant County, Texas.
Termination of Agreement: This Service Agreement shall terminate upon written notice by either the Customer or Contractor with at least forty-eight (48) hours’ notice of the next service date. Termination of Agreement will only be accepted in writing by mail or email. Verbal termination will not be accepted.
Severability: If any of the provisions of this Service Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Service Agreement.
Notice: All notices, requests, demands or other communication required or permitted by the terms of this Service Agreement will be given in writing and delivered to the parties at the following addresses:
Contractor:
BDH Lawn Care Services
8763 Saranac Trail
Fort Worth, TX 76118
Customer:
Customer’s address or email listed on file.
Entire Contract: This Service Agreement supersedes any prior written or oral agreements between the parties. This Service Agreement contains the entire agreement of the parties regarding the subject matter of this Service Agreement. Any amendment or modification of this Service Agreement or additional obligation assumed by either the Contractor or Customer in connection with this Service Agreement will only be binding if evidenced in writing and signed by each party or an authorized representative of each party.
Capacity/Independent Contractor: In providing the services under this Service Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Customer acknowledge that this Service Agreement does not create a partnership or joint venture between them and is exclusively a contract for service. The Customer is not required to pay, or make any contributions to, any social security, local, state, or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for employee pay, and complying with reporting requirements for, all local, state, and federal taxes related to payments made to the Contractor under this Service Agreement.
Waiver of Contractual Right: The failure of either party to enforce any provision of this Service Agreement shall not be construed as a waiver or limitation of the party’s right to subsequently enforce and compel strict compliance with every provision in this Service Agreement.
Limitation of Liability: Contractor will not be liable for any indirect, special, consequential, or punitive damages arising out of or relating to this Service Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether Contractor has been advised of the possibility of any such damage. In no event will Contractor’s liability exceed the price paid by Customer for the services giving rise to the claim or cause of action.
Certificate of Insurance: Upon request Contractor and Customer agrees to provide the other with evidence of insurance coverage in the form of a Certificate of Insurance from a solvent provider confirming coverage from a solvent insurance pool.
No Warranty: The service and related services are provided on as “As Is” and “As Available” basis without warranty of any kind, whether written or oral, express, or implied. No actions taken by the Contractor to remedy any issue that may arise from the work of the Contractor shall be considered a warranty of services.
Remedies: Any dissatisfaction with the Contractor's work or performance shall be immediately, within forty-eight (48) hours, brought to the attention of the Contractor. The Contractor will then be given the opportunity to remedy or correct any dissatisfaction. The Contractor shall provide such remedies as soon as possible, within the original scope of work agreed upon above. Damages that are caused by the Contractor and/or staff of Contractor during the performance of the above services must be reported to Contractor's office within forty-eight (48) hours of the service date. Upon notification of damage(s) the Contractor will assess the damage and determine possible cause and responsibility of Contractor. If it is determined that the Contractor is at fault, repairs shall be the sole responsibility of the Contractor. Repairs made by entities other than the Contractor will not be the financial responsibility of the Contractor, unless previously authorized by Contractor. Vehicular or mechanical damage not caused by the Contractor and/or staff of Contractor, vandalism, fire, improper drainage, insufficient watering, and/or acts of God are not the responsibility of the Contractor.
Dispute Resolution: Contractor and Customer will attempt to resolve any dispute arising out of or relating to this Service Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the Contractor and Customer will resolve the dispute using binding arbitration in accordance with any statutory rules of binding arbitration.
There is a minimum Twenty-five dollar ($25) service fee for any service to a Customer's Property. This includes mowing only a portion of a Customer's Property.
A Five Percent (5%) late fee will be applied to all invoices Thirty (30) days past due.
A bagging fee of Fifteen Dollars ($15) per thirty (30) gallon waste bag will be applied to lawns that are requested to be bagged and disposed of by the Customer.
An overgrown lawn fee of Ten Dollars ($10) per one thousand (1000) square feet apply to Customer's Property that is taller than six (6) inches in height or is requested by the Customer to be cut at more than half (1/2) in height.
If Contractor must return on another day due to the inability to service a Customer's Property and which is caused by the Customer, a Twenty-five Dollar ($25) Return to Service Fee will apply per each occurrence. This includes but is not limited to a Customer's gate being locked when Contractor arrives to service a Customer's Property.
Customer must have lawn free of pet droppings when contractor is scheduled to service lawn, or customer will be charged a Ten dollar ($10) equipment clean-up fee per visit.
A Thirty-five Dollar ($35) fee for returned checks, including but not limited to for insufficient funds, will be added to Customer balances for each returned check.
Customer will pay up to Two Hundred-Fifty Dollars ($250) per pickup truck load associated with disposing of any yard or debris waste collected from the Customer's Property.
Customer agrees to pay for fees related to delivery of supplies or services when applicable.
A Sixty Dollar ($60) visit fee will be charged in advance to provide estimates that require a visit by one of our estimators. This fee will be applied back towards the final project that required the estimate.
Sales tax will be applied to all services, products, goods, or materials as required by Texas State Law.
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