Terms and Conditions 

Garden Design Services

of Sustainable Land Solutions, LLC

YOU MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS AS A CONDITION TO RECEIVE THE SERVICE. IT IS ASSUMED AT ALL TIMES THAT YOU AGREE TO THE TERMS AND YOU, THE PERSON (“CUSTOMER”)  WHO IS SEEKING GARDEN DESIGN SERVICES (“SERVICES”) AT YOUR PROPERTY (“PROPERTY”) TO RECEIVE THE SERVICES FROM SUSTAINABLE LAND SOLUTIONS, LLC (“US” OR “CONTRACTOR”) AND PERFORMANCE OF THE SERVICES IS CONDITIONED ON YOUR AGREEMENT TO THESES TERMS, IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOTIFY US IMMEDIATELY.

1. One-Time Service Contract. You (“Customer”) agree to hire Sustainable Land Solutions, LLC (“SLS”) to perform garden design services (the “Service”) with respect to your property (“Property”), pursuant to the following terms and conditions, hereby acknowledge that the Service is a one-time service and any other services or work are extra and an addition to this Service.

2. Services; No Guarantee. SLS agrees to perform, and you agree to accept, the Service that is set forth in the document transmitted by Contractor to you the Customer (the “Proposal”), via the website, application “Jobber” that is incorporated herein by this reference (“Design”). Customer agrees and acknowledges that results are not guaranteed. 

3. Deposits. An initial deposit is due upon acceptance to these terms and conditions, which shall be done through Jobber unless otherwise agreed to by SLS and Customer (“Initial Deposit”). The amount of the Initial Deposit is primarily comprised of materials and is contained on the Proposal. The remainder of compensation due to SLS, as provided for in the Proposal, which is incorporated herein upon acceptance to these terms and conditions, shall be done within fifteen (15) days upon completion of the job. Customers that do not pay for the Service in full within sixty (60) days shall pay a late fee of $100. Thereafter, the unpaid balance shall accumulate interest at the rate of 1.5% per month, up to 10% per year.

4. Water System. Contractor agrees to provide and install, and Customer agrees to pay for and accept, a watering system to fit the needs of your Design and Property (“System”). Contractor shall provide the System for at least thirty (30), but no more than sixty (60) days. The System shall be limited to the area of the Design and may include: garden hose splitter, hose timer, hoses, soaker houses, or sprinklers. 

5. Exclusive Right to Design; Prohibited Acts. The right, title, and interest to all designs, concepts, and content, including without limitation, the shape, plant selection coordination, expression, and arrangement are owned solely by Contractor. Contractor has spent considerable time and effort to develop a proprietary systems with components that are valuable within the industry and may constitute trade secrets. Accordingly, Customer for themselves and their family, friends, and other third-parties, to the extent practical, represent and warrant - from the date of this Agreement until the end of time, that he/she/they will not knowingly or negligently allow or otherwise permit, or inform, any third-party to, copy, reproduce, transmit, describe, distribute, or otherwise transmit the qualities or any of the aspects regarding the design and Services. The designs discussed, offered, and provided shall not be disclosed, disseminated or reproduced in any form or fashion without the express written consent of Sustainable Land Solutions, LLC. Customer is neither obtaining any rights to the design, reproduction, or disclosure nor may it produce or otherwise use any drafts, sketches, or anything created by Contractor. 

6. Compensation. In return for the Design, Customer shall compensate Contractor, pursuant to the terms of the Proposal, which shall mean the correspondence sent by Us to Customer via or hosted Jobber. In the event Customer fails to make any payments when due, Contractor shall have the right to pursue any or all of the following remedies: [a] Terminate the Agreement; [b] withhold all files or any other service to be performed by Contractor for Customer, and/or [c] bring legal action. Customer is fully responsible for all material costs. Customer acknowledges and agrees to be responsible, in each instance, for all additional costs that Contractor incurs at Customer’s request. Customer shall at all times keep an active credit card on file with Contractor, which Contractor agrees to store using secure and reasonable means. If a Customer’s credit card is declined, Contractor shall notify the Customer of it and the Customer shall provide a replacement card, otherwise, Contractor can cease providing any services and pursue any rights it has under this Agreement. 

7. Confidentiality. In addition to the Customer’s confidentiality and non-disclosure obligations set forth in the above Section 4, Customer and Contractor acknowledge and agree that the Design and all documents related thereto, will constitute valuable business information and shall be treated as the protected intellectual property of Contractor.

8. Insurance. Contractor is fully insured with commercial general liability insurance. Customer may obtain a copy of its Certificate of Insurance upon request.

9. Property Conditions. Customer is required to notify Contractor, as a condition precedent to performing the Services, of any and all underground wires, hoses, and any and all other conditions that are not reasonably apparent upon a first inspection of the Property. Moreover, Customer must mark all underground wires, hoses, obstacles, hazards, and any such conditions or defects of the land known to Customer and unknown to Contractor. If any such wires, hoses or other similarly situated things are left on marked or unidentified, Customer shall be fully and entirely responsible for any and all damages arising out of the same, even if Contractor is negligent, and Customer shall indemnify and defend Contractor, as applicable.

10. Limited Warranty and Limitation on Damages. Contractor warrants the installation of all native plants for up to one year, with respect to all shrubs and trees, as well as the regrowth in the following season for perennials. If the Customer is unsatisfied with the design or services, such that it does not fit the Property, they shall notify Contractor and, if Contractor is in agreement that the design or services does not fit the property – in its commercially reasonable discretion, then, Contractor shall only be obligated to make one (1) commercially reasonable attempt to bring the Property into conformance with the parties reasonable intentions, which shall be at Contractor’s sole expense and without charge to Customer, so long as the failure was not occasioned by any negligence of the Customer. Customer waives any other warranty, express or implied. Customer acknowledges that Contractor is not responsible for fixing any problems, issues, errors or omissions on the Property, except as otherwise expressly stated herein. Customer waives any claim for damages, direct or indirect, special, or punitive. The Parties acknowledge and agree that since the measure of damages shall be limited and extremely difficult to calculate given the personal nature of the design services, that the Customer’s sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Contractor. This limited warranty shall become void and expire sixty (60) days after the delivery of the Services to the Property by Contractor. 

 

11. Changes. Customer agrees and acknowledges that material, plants, pricing, and availability are and at all times shall be subject to change. Customers are encouraged to review and accept or reject the Proposal upon receipt, as prices and material are subject to change, which includes but is not limited to matters outside of the Contractor’s control, such as a supply chain shortage. Accordingly, Contractor agrees and acknowledges that it shall use its best efforts to secure all materials from reliable sources at reasonable prices. In the event of any substitution or change, Contractor inform the Customer as soon as practical. Customer agrees to cooperate with Contractor to find an agreeable Design using reasonable substitutes or terminate the Agreement if impractical in the discretion of Customer and Contractor. 

 

12. Miscellaneous.

  • a) Modifications.  Any changes or additions requested by the Customer to the Design, or any part of the design or work to be performed by Contractor, shall constitute an addition, or Change Order, which shall result in additional designing and shall be subject to additional charges or fees, which must be approved by Contractor and the Customer in writing.

  • b) Notices. Any notices concerning the Services shall be in writing, which may include email or other electronic mediums used by the Parties.

  • c) Independent Contractor. Contractor is retained as an independent contractor. Contractor will be fully responsible for payment of his own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax, social security tax, or any other payroll taxes on Contractor’s behalf.

  • d) Force Majeure. Contractor shall not be held liable for work delays beyond their control, including without limitation, as a result of a shortage in labor, supply, storm-water, drainage issues, water run-off, accidents, government lockdowns, pandemics, and “Acts of God.”

  • e) Marketing. Customer acknowledges that Contractor retains the right to use the Project for promotional purposes, including permission to take and store pictures, digital images, and videos of the Property for its business and marketing purposes including, without limitation, marketing on the internet, via social media, and any other form.

  • f) No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

  • g) Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Pennsylvania.

  • h) Disputes. Any dispute concerning or related to this Agreement shall be resolved by the Montgomery County Court of Common Pleas, unless, the Parties mutually agree on a binding arbitrator to resolve such a dispute. Once resolve, either in Court or Arbitration, the prevailing party shall be entitled to reimbursement from the other on account of all cost and expenses, including attorney’s fees incurred related to the same.  

  • i) Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

  • j) No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

  • k) Successors and Assigns. The rights of the Parties under this Agreement may be assigned or transfers so long as 30 days advance notice is provided to the other party.

  • l) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

  • m) Unknown Growth. Contractor shall not be responsible for any regrowth of previously planted plants that have yet to stout prior to or during the Services. Customers agrees and acknowledges that Contractor’s working of the soil comes with the risk of turning weed seeds or other seeds, which could result in possible germination of unwanted plants. Any work related to such unknown growth, previously planted plants, or any such seeds shall be outside the scope of the Services. If Customer desires for Contractor to manage any such growth, the cost and expense shall be an additional cost borne by the Customer and paid to Contractor.

  • n) Weather Damage; Natural. Customer represents and warrants that it will hold Contractor harmless with respect to any costs, damages, and liabilities that are caused, even in part, by or related to extreme, storm water, water run-off and drainage issues, extraordinary wind, hail, and other weather conditions are outside the scope of this Agreement and, as such, Contractor shall have no liability to Customer for any of the foregoing or associated elements that may interfere and damage Customer’s property, garden, and/or the Design.

  • o) Waste. It is the Contractor’s policy to reduce unnecessary landfill and waste. Where possible, suitable material will be recycled on site. This is no way effects the quality of work supplied but has a positive effect on the environment and in most cases offers savings on project costs.

  • p) Third Party Interference; Storm Damage. The Customer acknowledges and agrees that certain people, animals, and other things are outside the control of Contractor, including but not limited to wildlife. Customer represents and warrants it will not seek to hold Contractor responsible for any damages, liabilities, costs, or expenses that are incurred, imposed, or claimed as a result of the act of a third-party, including an animal, pest, or disease. In addition, Sustainable Land Solutions thanks you for your interest and the prospect of your business as we strive to always provide the best service possible! Together, we’re making a difference to provide a cleaner, healthier, and greener environment for the future of our planet.