Maintenance Agreement

MOW, EDGE, AND BLOW

The areas to be mowed include all turf areas around fence/building lines, tress, posts, walls and steps. The areas to be edged include those adjacent to curbs, driveways, and sidewalks and any other necessary areas.

We mow our lawns with mulching mowers designed to return the nutrients to the soil. For optimum health, lawns are never cut more than one-third of blade height. This includes maintaining all ground cover areas around property. Contractor will not responsible for any hidden obstructions (sprinkler heads, electrical wires, pipe, landscape edging, seedlings, toys, tools, etc.) that are unknown to Contractor prior to services rendered.

Mowing includes cleaning up leaves as needed when visiting the property.

LEAF CLEAN-UP

Leaf clean-up includes bagging up all leaves on property during the fall, winter, and early spring. The landscaper will haul off all leaves collected.

FLOWER BED MAINTENACE

Flowerbeds on property will be weeded and kept clean as needed.  Flowerbed maintenance includes Removing any weeds or grass in beds. Flowerbed maintenance includes removing these items by hand, spraying with herbicide, or spreading flowerbed pre-emergent.

TRIM SHRUBS/GROUND COVER

Shrubs include bushes on all frontage streets of entrances. Bushes on property will be kept clean and in a maintained shape. Includes shrubs around buildings, walls, and in flowerbeds. Does NOT include trimming any trees (ornamental or full size).

TURF PRE-EMERGENT/FERTILIZE/POST-EMERGENT

Pre-emergent, post emergent, and fertilizer will be applied as a dry granule or liquid. All materials will be applied as specified by product label and by state requirements. Contractor is a Texas licensed commercial pesticide applicator (TDA 0590117).

CONTRACT DURATION

This contract is for a 12-month period, but can be canceled at any time. See the ‘Cancelation Policy’ below.

ADDITIONAL SERVICES

Additional services can either be contracted upon maintenance agreement signing or any other time throughout the year. If services are contracted upon maintenance agreement signing, the Owner or authorized agent shall have the option of including them in his/her monthly payments.  Additional services contracted throughout the year that are not on the maintenance agreement shall be added to the monthly bill in which the service was performed and included with that month’s invoice. Owner or authorized agent agrees to pay for such additional services added beyond the scope of work included in the maintenance contract.

CONTRACTOR LIABILITY

Contractor shall be responsible for repair of all damage caused by Contractor to the property of Owner within the legal boundaries of the Owner’s property and only pertaining to the areas where work was performed.  Responsibility for damage will be limited to the prompt repair or replacement of the damaged item with an item of like size and quality.  Contractor shall not be responsible for damage or death of plant or lawn materials caused by circumstances beyond Contractor’s control.  Performance by the Contractor can be delayed for a reasonable length of time to accommodate bad weather or circumstances beyond the control of the Contractor.

FUEL AND SUPPLY SURCHARGE

Fuel charges may be added to monthly billing when appropriate due to rising costs.

PAYMENT SCHEDULE

The Owner or authorized agent will be billed on the first week of each month.  Payments are due upon receipt. If payment is not received by the 30th day, the payment is considered late and therefore past due. On such late payments, the Owner or authorized agent will incur a $25 late payment fee.

PAYMENT TERMS

The Owner or authorized agent shall pay to the Contractor the fee listed above for providing the services described by this contract, including any applicable sales tax, unless appropriate tax exempt documentation is provided. Owner or authorized agent agrees to pay contractor a service charge of $30.00 on all returned checks for nonsufficient funds.

In the event any payment is not made in accordance with the terms of this contract (i.e. full payment is not made by the 30th day from invoice date), Owner or authorized agent agrees to pay a late charge of $25.

Invoices, which are 60 days past due will be referred to collection. All actual cost of collection including actual attorney’s fees, court cost and/or collection agency fees will be paid by the Owner or authorized agent whether or not a lawsuit is brought.

In the event that any suit or collection action is required to enforce the terms of this contract and to collect any unpaid balances owed to Contractor, the Owner or authorized agent agrees that jurisdiction and venue for any such action shall not be limited to the state and county in which the materials, good or services are purchased. The Owner or authorized agent (undersigned) also agrees and submits to the jurisdiction of the Collin County, Texas courts and agrees that at Contractor’s sole option, the proper venue for any such collection action includes Collin County, Texas.

Contractor may suspend performing any work or providing any additional services when any invoice is past due. All work will be on hold until full payment is received for all past due invoices.

CANCELATION POLICY

Owners may cancel at any time. All cancellations must be made via email or letter with a 30-day notice.  In the event that the Owner or authorized agent does not provide 30 days notice, the Owner or authorized agent shall be liable for an early cancellation fee equal to 1 month of “monthly dues” at the stated price.

RENEWAL POLICY

This contract will automatically renew on an annual basis, unless either party notifies the other party (via letter or email) at least 30 days prior to the renewal date, of its intent not to renew.

OTHER TERMS

This contract may be amended at anytime by mutual agreement of both the Contractor and Owner or authorized agent (undersigned). This agreement shall not be altered, amended, or modified by oral representation made before or after the execution of this agreement.  All modifications must be in writing and duly executed by both Owner or authorized agent (undersigned) and Contractor.  The parties acknowledge that there is no other agreement, written or oral, expressed or implied between the parties with respect to the subject matter of this agreement. Owner or authorized agent (undersigned) agrees to pay for such additional services added beyond the scope of work included in the maintenance contract.

The individuals whose signatures are affixed to this Contract in a representative capacity represent and warrant that they are authorized to execute the Agreement on behalf of and to bind the entity on whose behalf the signature is affixed.