Terms Conditions Agreements – Victorious in Vines

Terms Conditions and Agreement Information

The following terms conditions agreements are for all services that ViV’s provides. 

In these terms and conditions, the party who is agreeing to receive the services shall be referred to as ” the Customer “, and the party who will be providing the services shall be referred to as “V.i.V.’s“.

TERMS.

Landscaping & Tree Service Terms  ** Agreements will terminate automatically upon completion by V.i.V.’s of the Services outlined in the Scope Agreement.

Scope Agreements must be signed before any work will begin even if the work has already been scheduled. Unsigned scope agreements result in ViV’s canceling scheduled services and rescheduling them at our earliest convenience.

WORK SITE.

The CUSTOMER,  hereby authorizes V.i.V.’s to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the V.i.V.’s to complete the Landscaping Services as specified in the Scope Agreement and any attachments incorporated herein.

The CUSTOMER, also agrees that if it was requested that V.i.V’s meet with the customer on site for any reason. Failure to show up within 30 minutes of the agreed service time will result in services being canceled and rescheduled at our earliest convenience.

PAYMENTS.

The Project Scope outlines all payment terms and conditions. It also further breaks down how payments affect deliverables.

Payment shall be made to Victorious in Vines Lawn Service online via invoices sent using secure ACH bank draft or credit card. **Other forms of payment will not be accepted**

Payments that have not been received by 8am on the day of services will result in cancelled services. We will reschedule services at our earliest convenience.

Once two failed service attempts have been made due to non payment. Services will permanently cancelled and a new project scope will need to be created.

LATE PAYMENTS.

Payments that are 10 days past due will incur an additional $25 dollar late charge. Payments that are 20 days past due will incur an additional 15% of the unpaid balance amount per month.

In addition to any other right or remedy provided by law, if the Customer,  fails to pay for the Services when due, V.i.V.’s has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies.

ACCESS. 

The Customer, will allow free access to work areas for workers and vehicles and will allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. V.i.V.’s will make reasonable efforts to protect driveways, shrubs, and other vegetation. Failure to do so will result in us leaving the work site and rescheduling services at our earliest convenience.

If access is not available within 30 minutes of scheduled services, ViV’s Landscaping & Tree Service will leave the work site and reschedule services at our earliest convenience.

RELATIONSHIP OF PARTIES. 

It is understood by the parties that V.i.V.’s is an independent contractor with respect to between the Customer, and not an employee of the Customer,. The Customer,  will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of V.i.V.’s.

INJURIES.

V.i.V.’s acknowledges obligation to obtain appropriate insurance coverage for the benefit of V.i.V.’s (and V.i.V.’s employees, if any). V.i.V.’s waives any rights to recovery from the Customer, for any injuries that V.i.V.’s (and/or V.i.V.’s employees) may sustain while performing services under this Agreement and that are a result of the negligence of V.i.V.’s or V.i.V.’s employees.

V.i.V.’s shall not be responsible for: replacement of trees, shrubs or other plants which are lost to casualty such as theft, aberrant weather or disease.

Damages we will not cover include, but are not limited to: 

Air conditioning wiring, bird baths, bird houses, benches, chairs, play sets, concrete, dog beds, downspouts, drainage, shade structures, fences, fence posts, fence stain, flower boxes, holiday décor, improperly installed irrigation components, irrigation valve covers, metal edging, path lighting, pottery, outdoor curtains, retaining walls, stone edging, (brick and/or stone), stone pathways, toys, unprotected trees, trampolines, plastic pools or other swimming pools, windows. Exposed cables/wires, invisible fence dog lines, or sprinkler components/lines normally found below the surface of the lawn, disease or damage to lawns, any item hidden in the landscape and not clearly marked. If we are required to move objects to service your lawn and/or landscape, such as, but not limited to: benches, bird baths, basketball goals, playhouses, lawn furniture, trampolines, etc., we will not be responsible for damage caused by moving the object from where we need to provide service.

We are NOT RESPONSIBLE for damage to items left on the lawn. The teams do their best to avoid running over hoses, toys, paper, dog bones, etc. However, these items are sometimes difficult to see, so please take a moment and collect all objects on the lawn before the service team arrives.

WINDOW DISCLAIMER:  

We are not responsible for any type of window and/or glass breakage while providing maintenance on your property from rocks, objects left in the yard, flying debris, etc. Note: Window damage and expenses shall be the sole responsibility of the customer.

INCLEMENT WEATHER DISCLAIMER: 

Precipitation makes working any job outdoor a real challenge. This season, when rains are so persistent that we can’t visit customers for days in a row, be assured that crews will be on your property as soon possible.

So now what? Do we get a credit? How does Victorious in Vines handle these types of situations?

As soon as conditions make it possible for our crew and equipment we will be running on a weekly schedule until lawns are back on track. Excessive rainfall requires us to “double-cut yards” which means we may need to visit properties multiple times before we can complete services. Initially all we will do is mow yards to get the lawn back to a manageable level. This means depending on the length of time it has been and the amount of customers we have will will not have time to edge, weed-eat or blow. We also may not be able to come back to complete services within the same week. However, weekly visits will happen where individual services will happen until we are caught up.

We will do our best to send emails and text reminders letting property owners know that crews will be on site.

PERMITS.

V.i.V.’s shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government. The cost thereof shall be included as part of the Payment to V.i.V.’s under this Agreement.

SURVEY AND TITLE. 

The Customer will indicate the property lines to the V.i.V.’s and will provide boundary stakes by a licensed land surveyor if the Customer, is in doubt about the property boundaries.

DEFAULT.

The occurrence of any of the following shall constitute a material default under this Agreement:

  1. The failure to make a required payment when due.
  2. The insolvency or bankruptcy of either party.
  3. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
  4. The failure to make available or deliver the Landscaping Services in the time and manner provided for in this Agreement.

INDEMNIFICATION.

V.i.V.’s agrees to indemnify and hold harmless the Customer, from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Customer, that result from the acts or omissions of V.i.V.’s, V.i.V.’s employees, if any, and V.i.V.’s agents.

INSURANCE. 

V.i.V.’s shall maintain at all times adequate public liability insurance.

REMEDIES.

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

FORCE MAJEURE.

If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

DISPUTE RESOLUTION.

The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved through negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitrator’s decision will be final, and judgment may be entered upon it by any court having proper jurisdiction.

ENTIRE AGREEMENT.

This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

SEVERABILITY.

If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

AMENDMENT.

This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

APPLICABLE LAW. 

This Agreement shall be governed by the laws of the State of Texas.