D3 LAWN CARE LLC TERMS & CONDITIONS
We at D3 Lawn Care LLC, or “D3,” are pleased to offer you, the “Customer,” the services as outlined in these Terms & Conditions. You agree to these Terms & Conditions by (a) scheduling your first service; (b) providing us with your payment information; and/or (c) clicking “I Accept” on the text box at the bottom of the estimate delivered to your email address on file.
We will provide the following services to you:
•Spring Clean Up
•Fall Clean Up
•Grub Treatment (Double)
Scheduling Service Visits. If you need to reschedule, call us at (610) 978-5168 or email us at email@example.com.
Pricing: Our pricing has been provided to you via email from our sales representative or in another written form. By accepting these Terms & Conditions, you accept that stated pricing. Requesting Additional Services: If a Customer requests more services than are covered above, they should contact the D3 office in writing by emailing firstname.lastname@example.org. D3 will invoice the Customer separately for any additional services it agrees to perform outside of the services listed above. As of the date of these Terms & Conditions, D3 charges $85.00 per man hour for labor, though this figure is subject to change. We will notify all customers of changes to this hourly charge. Contact our office for more information or for additional services.
Term: The initial term of the services is one (1) year from the date that the Customer is deemed to accept these Terms & Conditions. The term will automatically renew for one additional one (1) year term, unless the Customer provides at least thirty (30) days’ advance written notice by email to email@example.com, stating that the Customer wishes to terminate the services. Services may end earlier if the Customer and D3 agree in writing to terminate these Terms partway through a term. D3 may also choose to decline to provide further services if Customer refuses to pay in full or on time, but Customer’s payment obligation will not cease unless the parties so agree. D3 may increase the fees it charges at the start of any term, and will inform the Customer of the applicable increases at least sixty (60) days in advance of the new term.
Billing: D3 requires a valid credit card in the Customer’s name prior to starting any service. D3 charges Customers on the first day of every calendar month. If the Customer starts services midway through the month, then the Customer will pay for the first month of services on a prorated basis. The Customer must inform D3 of any changes to billing information at least
seven (7) days before a next payment is due.
Nonpayment: If payment is not timely made for any reason, D3 may pursue the Customer for the full amount of payment for the balance of the term of the services, plus reasonable attorneys’ fees and related costs incurred in pursuing payment. D3 reserves the right to assign its right to payment to a third party if payment is not made in full.
Assignment: D3 may assign some or all of the services to a third party. The Customer acknowledges that it will adhere to these Terms & Conditions even if a third party takes over D3’s performance.
Indemnification: The Customer agrees to defend, indemnify, and hold harmless D3, its agents, principals, employees, managers, shareholders, predecessors, successors, assignees, and independent contractors, against any and all claims, actions, causes of action, demands, rights, damages, costs, lost profits, expenses, judgments, or compensation of any kind, including court costs and attorneys’ fees, arising from or in connection with the services, except in cases of
intentional tort or theft.
Warranty: D3 is not responsible for any defect, latent or patent, in any equipment used to provide the services; nor is D3 responsible for the state of the Customer’s premises prior to providing the services. It is the responsibility of the Customer to ensure that the premises are safe for D3’s representatives to enter upon to perform the services. D3 warrants only that it will provide good and workmanlike services relating to the services.
Miscellaneous: D3 may amend these Terms & Conditions at any time, and such amendments shall be fully enforceable. If any Term or Condition is held to be invalid or unenforceable, that provision shall be deemed omitted, and all other provisions will be enforced. These Terms & Conditions shall be binding upon any successors to the parties. All notices which are to be
provided in these Terms & Conditions must be in writing and are deemed immediately received if sent by email (unless the sender receives a bounce-back message from the recipient’s third party server). Any notices by mail are deemed received five (5) days after they are sent. If a party does not insist on the performance of one or more of these Terms & Conditions, or does not enforce its rights, that does not waive or end the party’s right to future performance. Pennsylvania law applies to the interpretation of these Terms & Conditions, and jurisdiction lies in the Courts in and pertaining to Northampton County, Pennsylvania. Nothing in these Terms & Conditions creates a benefit for any third party. These Terms & Conditions supersede and amend all prior understandings between the parties relating to the matters addressed in these
Terms & Conditions. There are no other agreements, written or oral, between the parties regarding the subject matter in these Terms & Conditions. Neither party shall be liable for any failure to discharge its duties hereunder due to strikes, differences with workmen, accidents, fires, utility shutdowns, terrorist attacks, suppliers’ shutdowns, orders of the United States government or any branch thereof, embargoes, or any other contingencies beyond the parties’control."