- “Client” represents the firm, company or individual who purchases or agrees to purchase goods and/or services from Contractor and who will bear responsibility for all payments made to Contractor, unless notified alternatively prior to project commencement in writing.
- “Contractor” is Outdoor Makeover & Living Spaces, Inc.
- “Parties” exclusively define as Client and Contractor.
- “Contract” is the physical, signed quotation/contract between Contractor and Client created for the purchase of Contractor’s services and/or goods.
- “Goods” are articles the Client agrees to purchase from Contractor.
- “Services” are landscaping services provided to Client from Contractor.
- “Terms & Conditions” are terms & conditions of sale defined by this document and any additional terms and conditions agreed to in writing by Client and Contractor.
- “Contract Price” is the monetary amount, in US currency, which Client agrees to pay toContractor under this Contract, including any amounts agreed to by both parties in addition to this Contract after signatures are attached, including but not limited to, all variations agreed by Client and Contractor.
II. Conditions of Communication and Contract
Contractor will reply to all potential clients or leads within 5 business days with the exception of federal holidays (texts, voicemails, and emails). If there is a federal holiday or weekend, Contractor will reply the next business day.
This Contract is the entire agreement between Client and Contractor in relation to services and goods provided by performed by Contractor to Client. This Contract supersedes all negotiations, communications, agreements and representations, including written and oral, made prior to the contract. This Contract may only be altered in writing signed by both Client and Contractor. Client agrees to not rely on statements or representations not contained in this Contract. Provisions may be added to Terms and Conditions at the discretion of Contractor and general Terms and Conditions may be varied or added to from time to time by Contractor with reasonable notice via writing or otherwise required by applicable law. This Contract will be enforced and interpreted in accordance with Georgia State laws. Both Client and Contractor agree that any dispute between both Parties regarding the Contract will be acknowledged by a court of competent jurisdiction located in the district closest to Contractor. Client can only request to terminate and/or cancel Contract with reasonable notice and in full negotiation with Contractor. If Client cancels this Contract without full notice or satisfied negotiation on the part of the Contractor, Client agrees to finance any costs and losses the Contractor suffers from said cancellation.
III. Defamation: Writing Reviews and Providing Feedback
All current Clients with contracts must give prior notice of dissatisfaction of work before writing a review on any internet platform or website. Client must communicate to Contractor in the event an issue arises to fix the situation. Client must give 3 chances to fix issue, if the issue is not a result of a mistake done by Contractor.
Contractor has the option to take legal action against any potential client, current, or past client that damages the good reputation of Outdoor Makeover using slander or libel, as well as other various kinds of defamation that retaliate against groundless criticism. Contractor has the option to take legal action against any potential client, current, or past client that uses verbal or written communication of a false statements that harms the reputation of Outdoor Makeover & Living Spaces or Owner of Outdoor Makeover & Living Spaces (Navid Derakhshan).
IV. Limitations & Liability
Contractor makes no warranty on turf provided.It is the Client’s responsibility to go directly to the turf farmer for applicable warranties. The client understands that weed seeds can spread with wind and may infest the new lawn, and it is the client’s responsibility to contact a turf management company to take care of weeds and perpetuate a healthy lawn. Contractor will not be held liable to replace any plants and turf killed or damaged by rodents, animals or insects, neglect, mechanical damage, natural disasters, or any alternative reasons over which Contractor has no control. Additional labor charges for plant and turf re-installation and removal apply.Repairs and replacements made to installation after completion of project will be made at the expense of Client.Repairs made to installation by any party other than Contractor voids all warranties offered by Contractor as well as the nursery. Client is responsible for a maintenance program to insure weeds on Client’s garden, turf or pathways are killed or poisoned to keep the finished project weed free. When Contractor attempts to fix a problem on a structure or project that another company, individual or homeowner previously completed, complications and unexpected results may occur. Contractor is not liable for any complications or imperfections caused by other entities other that Contractor original work unless specified otherwise in writing. Contractor is not liable to any and all possible damages to the homeowner’s driveways, regardless of what materials or compositions and structure the driveway is made with, due to the use of Contractor’s tools for progressing with the completion of the work, or resulting from delivery trucks that must go on the driveway to drop any and all items such as materials, plants, or tools at the homeowner’s house.If Client does not agree to allow delivery trucks to use their driveway to drop the materials needed for the progress or completion of the contracted job, the homeowner must compensate Contractor with all the additional expenses incurred by Contractor to place the delivered materials to a proper spot on the property. If the Customer disagrees with any of the previously mentioned terms of limitations, Contractor. must be informed beforehand and extra cost may apply if Customer’s disagreement(s) cause the material to be dumped or dropped on the street and then manually transported to appropriate places on the property. The Client is responsible to ensure the work zone is free from any known hazards not discoverable upon a visual inspection of the work zone surface. If the Client is aware of any hazard, it is Client’s responsibility to notify the Contractor in writing prior to agreement.If after the acceptance of the contract the Contractor discovers obstructions or hazards was not reasonably foreseeable, this will be deemed as a factor outside Contractor’s control.The Client is responsible for providing access to and the cost of electricity and water. Client agrees to allow the Contractor access to site within the agreed working hours and throughout the agreed time period.
Deposits made by Client to Contractor are non-refundable. Any additional goods or services costs ordered by the Contractor upon request of the Client will be agreed prior to purchase in writing, and subject to the payment conditions detailed below.Additional work not specified in Contract writing and requested by Client will be included only after a new Contract is signed into agreement between both Parties.Client agrees to pay by money order, cash or check or credit cards, or financing through approved banks. Credit cards will be processed through PayPal as long as the 3% is paid on top of the full payment.Client agrees to pay Contractor 50% of the Contract Price upon acceptance of Contractor’s Proposal for job. Client will pay Contractor 50% of the Contract Price the day both Contractor and Client agrees that the work has been successfully completed. For jobs over $15,000, this payment schedule will be as follows: 1/2 will be the initial deposit before the job starts and the last 1/2 will be paid at the final walk through. The job will not be scheduled unless a 50% deposit has been received by Outdoor Makeover. The Contractor may also break up the last 1/2 payment into two or three payments, depending on the size of the job. If Contractor does not receive the final and total balance within the fifteen-day period, a 1.5% interest charge will be paid by the Client per month, unless a payment plan has been discussed.Customer failing to pay full remaining balance within 100 days of the final invoice constitutes a breach of this agreement. Once breach of this agreement occurs, the Customer is accountable to pay all costs remaining, including remaining balances and attorney’s fees. Warranties, title and ownership of materials, equipment and goods shall not pass to Client until full payment is received. Contractor agrees that all suppliers are properly paid in full in order to avoid a possible lien placement by the supplier.
Client agrees to hold responsibility to obtain all necessary permits, warrants and approvals from appropriate authority.Should the permit, warrant or approval obtained prove to be false and Contractor, Inc suffers damage and/or loss as a result, the Customer agrees to indemnify Contractor for all resulting loss and damage suffered. If Outdoor Makeover is responsible for permits, Contractor should first be notified by the Client of which permits, afterwards Contractor will be compensated per hourly rate to obtain the permit(s).