I. Definitions
  • “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. The Contractor does not offer any post-processing of any of its installations, such as but not limited too, sealing, staining, and or painting.  

V. Payment
Here at Outdoor Makeover & Living Spaces, we offer a clear and convenient payment structure and a wide variety of payment options for your convenience. 
 
Payment Structure:
 
33% of the Contracted amount due at contract signing
 
33% of the Contracted amount due at the start of the project
 
34%  of the Contracted amount due after the job has been completed (Final Walk Through)
 
Methods of payment via the Client Portal:
  • ACH payment
    • Account Name: Outdoor Makeover & Living Spaces
       
      Bank Name: Chase Bank
      Bank Address: 6180 Roswell Road, Sandy Springs, GA 30328
      Routing Number: 061092387
      Account Number: 665811565
       
      Customer to reference the OM Invoice Number  for all payments – Credit Cards and or ACH

       

  • Credit Card (The client is responsible for the additional pressing fees.)
  • We are also offering 12 months of no interest financing if needed via Wells Fargo 

    Reference Dealer #81038706

    Wells Fargo Financing

VI. Permits

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).

  • Client communication: For the fastest on-the-job response time and resolution, we utilize both WhatsApp as well as the Client Portal. Please contact your Designer or Project Manager for more information.  

    • Client engagement is highly encouraged and we ask that you please coordinate your schedule with the crew at the beginning of your project.

    • Please ask your Designer about the Customer Referral Program. 

  • 811 services: Outdoor Makeover & Living Spaces will call for all utilities to be marked prior to starting. 

  • Unmarked/ Private Underground Utilities: Outdoor Makeover is not liable for any unmarked/ private underground utilities. Underground utility coverage is available, please ask your designer for further details. 

  • Staging Area: We will need a staging area to put pallets of stone, sod, wood, dumpsters, etc. Please let us know where you would like us to create this staging area. 

    • We will be using your driveway and the street curb for our vehicles.  Please keep them clear throughout the working hours of 8 am – 6 pm.

    • Site Access – This is where we get there and have additional costs for lack of access. 

  • Dumpster(s) may be required, and can be placed on the curb in front of the house The client will be charged a $500 dumpster permit fee (where applicable) by Outdoor Makeover. (We are not liable for any damage caused by the dumpster.)

    • We often go to dump mid and end of the project. Let us know if you have any debris we can help you haul out.

    • Please let us know if you require a port-a-potty for the crew which will be assessed a fee of $300. 

  • Sod may be delivered between 7 a.m. to 7 p.m.  If you want the sod delivered from 5 a.m to 6 p.m we can arrange this through retail vendors for an additional fee.

  • Irrigation and Lighting Evaluation prior to the start of your project. Should there be any issues with either system we will let the client know. 

    • Outdoor Makeover is not responsible for any prior services/installations not completed by our company. 

    • For existing irrigation and lighting, we will repair it but at $150.00 P/H plus materials.

  • Termite Traps we may dislodge the termite traps during install.  If this happens please inform your termite company to reinstall them.

  • H.O.A. approval: The client is responsible for H.O.A. approval. Please ask your designer for help with these additional services. 

  • Internet or Cable services: if your services are interrupted, due to damaged lines, the client is responsible for calling their provider to have it fixed. 

    • Utility Services interruption to utility services might occur, we will coordinate the best we can with service providers to ensure repairs are completed.   

  • Heavy Rain: to supplement your designer’s drainage solution please record a video during “heavy” rain so that we are able to best identify your drainage issue. 

  • Scope of work is estimated and the need to be flexible within budget spend and any changes to originally quoted prices will be discussed with the client prior so that we are able to best maximize the outcome of your project.  

    • Contingency Plan – It is not uncommon for clients to incur additional costs throughout the duration of a project. On average a client could see up to a 10% increase for unexpected design changes or unperceived errors.  

    • Project Enhancements or Add-ons: Clients who wish to further enhance or add to their project outside of the original scope of work can expect to incur a 10% add-on or enhancement fee. 

  • Creative budgets are needed so that we are able to provide the best-finished project. We try to provide budgets with a flexible contingency plan. 

  • Estimated material costs versus actual material costs may differ. 

  • Tips/ gratuity are not required but highly appreciated by your crew members.

  • Substitutions: We have the right to provide substitutions for plants that are unavailable.  

  • Appliances are not included in Outdoor Kitchens. It is the responsibility of the customer to provide their own appliances.