Ecosphere Terms of Service
WHEREAS, the Contractor is engaged in the business of Landscaping/Installation and Renovation, and the Customer is the homeowner of the residence
NOW, THEREFORE, the parties agree as follows:
1. The Contractor agrees to provide the Customer with services stated in this agreement as part of its Installation / Renovation contract.
2. Duties of Customers. During the period of this Agreement, the Customer shall provide the Contractor with prior/present/future information regarding the landscaping, maintenance, and irrigation system that pertain to the property listed in this contract. During the period hereof, the Customer shall assist the Contractor and shall perform any and all services required or requested in connection with the Contractor's business. Within the limitations herein provided, the Customer will render such services of an advisory nature as may be requested from time to time by the Contractor.
3. Time Requirements. The Contractor shall devote, during the term of this Agreement, such of their time, energy, and skill as is necessary in the performance of their duties hereunder. In the event of inclement weather, services as stated in this agreement will not be performed on any day if “by an act of God” it is impossible to perform the service. Inclement weather (“Act of God”) includes, but not limited to, dust, hail, lighting, rain, wind, etc. The Contractor reserves the right to modify all aspects of this time requirement in order to safely and fairly complete the services/additional services successfully. The Contractor will make their decisions on what is best considering the health and safety of their employees, but will also take into consideration the need to prevent the destruction of the landscaping and surrounding facilities.
4. Fees to Contractor. The Customer shall pay the Contractor once the project has been completed. If payment for services rendered are not paid for by the date stated, the Contractor will be subjected to delay their services as stated in this contract. All fees for services shall be paid to the Contractor no later then one (1)-business days after receiving the invoice for services performed. Any invoices that have not received payment as indicated above will be subjected to a late charge of two (2) percent per week, for all balances remaining due until paid. If the Contractor is not paid with accordance with the terms set forth in this contract, the customer shall be responsible for all expenses incurred by the Contractor in connection with the attempts to obtain payment, including expenses obtained from legal advisors and or collection agency, and/or any other charges that can be legally be charged to the Customer. Customer agrees to pay the Contractor a $35.00 service charge for each returned check.
5. Relation of the Parties. The Contractor retains the Customer only for the purposes and to the extent set forth in this Agreement and the Customer relationship to the Contractor shall, during the term of this Agreement, be that of a Customer.
6. Professional Responsibility. The Contractor in accordance with their independent and professional judgment shall construe nothing in this Agreement to interfere with or otherwise affect the rendering of services. The Contractor shall perform their services substantially in accordance with generally accepted practices and principles of their trade.
7. Notice. Any notice required to be given hereunder shall be deemed given on the third (3rd) business day following mailing of any such notice, postage paid, to the address set out herein above. In the event that the Customer determines that any of the services provided by the Contractor are not appropriate, or was not perform to satisfaction, or failed to honor its commitment as set forth in this contract, the Customer agrees that they shall provide written notice to the Contractor stating the problems or deficiencies. The Customer shall provide the contractor a thirty (30) day period to correct any problems or deficiencies as stated in the written notice to the contractor. If customer never provides such a notice it is reasonable for the Contractor to conclude that all services were properly performed.
8. Changes. This contract contains the entire Installation/Renovation agreement of the parties with subject matter hereof. The contract may not be changed orally or via-email, changes to the maintenance contract can be performed by an agreement in writing and signed by all the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first above written. Electronic signature approved through electronic bid binds you to these terms of service.