TERMS AND CONDITIONS

TERMS AND CONDITIONS:

All clients serviced by Lawnworks, LLC, along with all involved parties, acknowledge and agree that all contracts, service agreements, and weekly services are bound by and subject to the guidelines set forth in the terms and conditions listed below. These terms govern the rights, responsibilities, and obligations of all parties involved, superseding any conflicting terms in written agreements unless explicitly waived by Lawnworks, LLC in writing. Our invoices direct clients to the terms and conditions on our website. By submitting payment, clients confirm they have read, understand, and agree to abide by these terms and conditions.

DEFINITIONS:

Client: The individual or entity receiving services from Lawnworks, LLC.
Service Agreement/Maintenance Contract: A written contract detailing the specific services provided by Lawnworks, LLC.
Contracted Services: Services that are part of a formal agreement between the client and Lawnworks, LLC.

SCHEDULING:

Office hours are 7:00 a.m. to 6:00 p.m. Monday through Friday. Our crews operate on a 7-day rotation, meaning they service specific areas on the same day each week. If you request service after the crew has passed your area, it will be scheduled for the following week. We do not provide one-time mowing/turf maintenance services due to operational constraints.
If you opt for a 14-day rotation (bi-weekly) instead of the quoted weekly service, an additional charge will apply to accommodate the extra time and work required.
In the event of heavy rains during the week, our schedules may be delayed by half a day to a full day. Our crews will work to complete as many yards as possible, excluding Sundays unless for emergencies, snow plowing, or salting. Any yards not completed due to weather delays will be rescheduled for the following week.
If you believe your yard is too wet or conditions are not suitable for mowing, please notify our office. We understand individual perceptions of weather conditions may vary.
Weather Impact: Extreme weather conditions (e.g., heavy rain, extreme heat, or drought) may affect service schedules. Lawnworks, LLC will notify clients of any necessary schedule adjustments. No refunds or discounts will be issued for delays caused by weather conditions.
Drought Protocol: In the event of drought conditions verified by the NOAA Blacksburg Weather Station and/or the U.S. Drought Monitor, Lawnworks, LLC reserves the right to adjust mowing frequency and techniques to protect the health of your lawn. This may include raising mowing heights or skipping mowing sessions. Clients will be informed of any changes. Contracted clients understand that such actions are considered acts of God, and no discounts or refunds will be issued for skipped services due to drought conditions as these adjustments are made to ensure the long-term health and sustainability of the lawn.
Contracted Service Period: The general contracted dates for lawn care and landscaping services are from March 1 to October 31, typically covering approximately 35 weeks. Some services, such as mulch installation, may be performed earlier in the year, while others, like leaf cleanup, may be performed later in the year. Any services performed outside of these dates may incur additional charges.

SCOPE OF WORK:

The scope of work for contracted and service agreement clients will be spelled out in the signed "Service Agreement / Lawn care/Landscaping/Maintenance Contract". Any work not explicitly listed within the scope of work, weekly services, quarterly services, annual services, etc. will be considered extra work and may incur additional fees. Written approval is required for any changes to agreed services.
Service Limitations: Services are provided based on the best professional judgment of Lawnworks, LLC. Clients acknowledge that certain factors beyond our control, such as: weather, site accessibility, soil conditions, plant health, and local wildlife, may affect the outcome of services.

EXTRA WORK:

Our regular service consists of Mowing, Edging/Trimming & Blowing off hardscapes. We mulch/discharge all grass when possible. Grass cannot be mulched/discharged when it is very long or has heavy leaf debris. We do not bag grass unless requested in writing then it is an extra charge to the customer. If the customer does not have a place to leave grass clippings that are requested to be bagged that is another additional charge for clipping removal.
Debris from work not done by Lawnworks, LLC will be picked up and there will be an extra charge, i.e. tree/shrub trimmings, flower bed debris, raked leaves left in a pile, etc. If trimming, raking, de-weeding is done by us, we remove the debris.
If there is seasonal debris or debris from weather, i.e. heavy leaf fall or downed limbs there may be an extra charge for cleaning it up and/or removal.
If you request extra work by the crew, you will be charged extra for the service. Our regular services are listed above.
Contracted and Service/Maintenance Agreement clients have precedence over "week to week" clients. All work agreed to within the contracted service agreements will be completed first before any add-on/extra work will commence. If a contracted/service agreement client requests extra work beyond the written scope of the service agreement, extra fees/pricing may be incurred.

PAYMENTS/COLLECTIONS:

Full payment for invoices is due upon receipt unless alternative terms have been arranged. Accounts over 30 days past due accrue a $50.00 late charge fee.
Accounts over 30 days receive a statement letter. If there is no response, services will be discontinued after 45 days of delinquency. Resumption of service requires full payment. A mechanical lien may be placed on properties with outstanding balances over 60 days.
Services stopped for non or late payment, when service is resumed there will be an extra charge to get your lawn back in maintenance condition where necessary.
Clients are responsible for all fees related to collecting past due accounts, including attorney and collection agency fees.
Service Agreement/Maintenance Contract Payments: Service agreements/contracts are set up for approximately 35 weeks of service (March 1 - October 31) and are payable over 12 months in equal payments. The total annual cost is divided into 12 equal monthly payments for consistent billing. No refunds or discounts will be given for services not performed due to drought, rain, or acts of God. Clients will be notified in advance of any changes to the payment schedule or service terms. Please review your specific contract for detailed payment terms and conditions.

PERFORMANCE AND DELAYS:

Lawnworks, LLC strives to complete all work within the agreed-upon time frames. However, delays may occur due to weather conditions, availability of materials, labor shortages, equipment breakdowns, or other unforeseen circumstances. Clients will be promptly notified of any significant delays and provided with a revised timeline for completion. Lawnworks, LLC is not liable for delays caused by factors beyond our control, including but not limited to, weather, supply chain disruptions, or vendor issues.
Certain services need to be performed at specific times of the year to ensure optimal results. For example:
- Hedge and Plant Trimming: Best done after spring growth. If performed too early, additional trimming may be required, which will incur extra charges.
- Grass Planting: Should be done during optimal planting seasons to ensure successful growth.
- Shrub and Plant Installation: Planting is recommended during specific times of the year to ensure survival and growth. If clients insist on planting outside the industry-recommended time frames, Lawnworks, LLC will not be responsible for the survival of the plants, and additional charges may apply for any required replacements or additional care.
- Seasonal Services: Services such as mulching, leaf cleanup, and snow removal are scheduled based on seasonal needs and weather conditions.
- Mulch Installation: For service contracts, mulch is installed at the beginning of the season due to the additional time and labor it requires. Completing this task early ensures it is done before regular mowing begins.
Clients should be aware that performing certain services outside the recommended time frames may require additional work and incur extra charges. Lawnworks, LLC will advise clients on the best timing for specific services to achieve the best results.

RESPONSIBILITY/LIABILITY:

Lawnworks, LLC will not take responsibility for any exposed wires, cables, electrical cables, phone, television, satellite, Internet, utility etc. that are not installed properly and are cut or damaged by our equipment. All underground utility cables should be contained within the utilities respective pedestal(s) and all wire(s) should be buried per state/utility/local/government code(s).
Lawnworks, LLC is not responsible for foreign matter left on the lawn, i.e. toys, hoses, paper, etc.
Items such as trampolines, bounce houses, inflatables, etc., will not be moved by our crew to avoid potential risks.
Lawnworks, LLC is not responsible for containing pets on your property. Our crews will make every effort to make sure gates are closed but will not assume responsibility for your pets. Also, if there is a dog in the backyard on the scheduled service day and our crew feels threatened by the pet we will not mow the backyard.
Lawnworks, LLC will not be held liable for any damages caused to vehicles parked too close to the grass during trimming or mowing activities. Individuals parking their vehicles in the vicinity of mowing or trimming areas are responsible for ensuring a safe distance from the work zone to prevent any accidental damage. While Lawnworks, LLC makes reasonable efforts to avoid hitting vehicles with mowing and trimming equipment, it should be recognized that accidents can occur and individuals who park their vehicles near mowing areas do so at their own risk.
When our crew(s) arrives at your property, please make sure all children and pets are inside so they are not exposed to any debris that may be thrown from the equipment.
Clients must report any purported damages caused by our services within 48 hours of service completion. Lawnworks, LLC will assess and address valid claims promptly. Claims reported after this period may not be considered.
Lawnworks, LLC is not liable for indirect, incidental, or consequential damages that may arise from the services provided.

FORCE MAJEURE:

Lawnworks, LLC shall not be liable for any failure or delay in performing services when such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, extreme weather, labor strikes, war, government actions, disruptions in supply chains, vendor issues, or product availability. In the event of a force majeure, Lawnworks, LLC will make reasonable efforts to notify clients of the delay and resume services as soon as possible. No refunds or credits will be issued for delays caused by force majeure events.

PAYMENT TERMS:

50% down payment is required, with the balance due upon completion of specified labor, plants, and/or materials.
Full payment for invoices is due upon receipt, unless alternative terms have been arranged in writing.
Accounts not settled within 60 days may face a mechanical lien on the property.
Clients will be responsible for all incurred fees related to collecting past due accounts, including attorney fees and collecting agency fees.
Price Adjustment for Multi-Year Contracts: For multi-year service agreements, materials such as mulch, salt, herbicides, and pesticides are considered commodities. If the price of these materials changes by more than 10%, and/or if hauling fees from vendors increase due to fuel prices, inflation, or other market conditions, Lawnworks, LLC reserves the right to charge the difference in price. Clients will be notified of any price adjustments in advance and provided with proof of the price increase, including documentation from vendors or relevant market data.

CONTACT INFORMATION/INCIDENT REPORTING:

Customers are encouraged to report any incidents, damages, or concerns promptly. Please contact via telephone, email or text for such communications. Please be aware that telephone calls may be recorded for quality assurance purposes.
Phone: 304-716-6139
Email: [email protected]

RIGHT TO REFUSE SERVICE:

Lawnworks, LLC reserves the right to refuse service to individuals violating terms and conditions or engaging in abusive behavior.

INDEMNIFICATION/GOVERNING LAW:

Customers agree to indemnify and hold Lawnworks, LLC harmless from any claims, losses, or liabilities arising from their use of services.
These terms and conditions are governed by and construed in accordance with the laws of the state where the services are provided.

CHANGE ORDERS AND CONTINGENCIES:

If any changes are requested by the client during installation, such as an increase in plants or other materials, or for extra work to be done, not so described in the proposal or indicated on the submitted landscape plans, a line item charge will be added to the amount so described in the proposal which is fair and customary for such requested work. Any and all deviations from the above specifications involving extra costs will be executed only upon written order which will create an extra charge over and above the proposal. All elements of the agreement are contingent upon strikes, accidents, or delays beyond our control. The proposal does not include materials which may be required should unforeseen problems arise after the work has started.
Material, Equipment or Supplies: Lawnworks, LLC cannot be held responsible for delays in materials, equipment, or supplies caused by vendors or suppliers. While we make every effort to source these promptly, external factors affecting suppliers may result in unavoidable delays.

PLANT AND WORKMANSHIP GUARANTEES:

Lawnworks, LLC. guarantees plant materials to be healthy upon installation being free of any form of pest infestations or fungi/bacterial infections. Should any plant(s) perish due to complications from any said problems, within 45 days of installation, (seasonal flower or sod guaranteed for 30 days) such plants shall be immediately replaced (subject to availability) with no cost of plant to the owner. However, if we are removing and/or transplanting some of your existing plants, please be advised; their survival depends on the size, age and viability of the plant. There is no guarantee on transplanted plants. For warranty to be valid, invoice must be paid according to specified terms and our care and watering instructions must be followed. Acts of God (i.e. lighting, storm, drought, freeze, etc.) or damage due to accidents (i.e. kids, dogs, pet urine, deer, etc.) or vandalism are not covered by this warranty. Warranty void if plants are moved.
Customers are responsible for the watering, upkeep and care of newly planted shrubs, trees, flowers, etc. We cannot/are not responsible for plants that are not watered, damaged by animals, or affected by other external factors. Drought conditions, seasonal changes in weather patterns, etc., may necessitate additional watering by the client.
Acts of God or damage due to accidents are not covered.

DISPUTE RESOLUTION:

Any disputes or complaints shall be resolved through mediation or arbitration, as mutually agreed upon by the parties, to avoid lengthy and costly legal proceedings.

INTELLECTUAL PROPERTY/DATA PRIVACY:

Any intellectual property, including logos, designs, or content provided by Lawnworks, LLC, remains the property of the company and cannot be used without prior written consent.
Lawnworks, LLC is committed to protecting client data. Personal information is used solely for service provision and communication purposes and is never shared with third parties without client consent.

INSURANCE:

While Lawnworks, LLC carries applicable insurance coverage, customers are responsible for maintaining adequate property and liability insurance.

NOTICES AND COMMUNICATION:

Clients agree to use the designated communication channels provided by Lawnworks, LLC for any important notices or updates.
HOA clients recognize a single point of contact for communication.
Lawnworks, LLC will not acknowledge any communication, instruction, or request that is not presented from the authorized point of contact (POC).
All official notices, updates, or changes in terms will be communicated through text messaging, email, written letters, or the contact method specified in the service agreement.
Clients should ensure their contact information is up-to-date and notify Lawnworks, LLC of any changes promptly.
Communication channels include telephone, email, and text messaging. Clients should expect responses within normal business hours (7:00 a.m. to 6:00 p.m., Monday through Friday)

CHEMICAL USAGE:

Lawnworks, LLC is a licensed applicator in West Virginia and Virginia and uses only EPA approved products.

RENEWALS/CANCELLATIONS/TERMINATION:

Our services continue year to year, season to season unless notification is given in writing. Any changes in fees or pricing will be notified in writing before commencement of a new season.
Parties may cancel written service agreements by notifying the other party in writing with a minimum 30-day notice. Cancellation becomes effective 30 days from the date of notification. All outstanding invoices, pending charges, and other fees are due in full at the end of the 30-day period. If services or materials payable over a 12-month contract have been completed before the contract end date, those services/materials must be paid in full upon cancellation. For example, mulch installation and labor completed early in the spring and paid throughout the contract duration.
Lawnworks, LLC reserves the right to terminate service agreements for violations of terms and conditions or non-payment.

EMERGENCY SERVICES:

Emergency services such as storm damage cleanup may incur additional charges. Clients should contact Lawnworks, LLC promptly for such services.

SNOW REMOVAL / ICE PREVENTION:

Preventative Measures: If snow, ice, or sleet is forecasted, a combination product of calcium magnesium chloride may be applied to lower the freeze point of paved surfaces.
Snow Removal Trigger: Snow removal begins with a default 2-inch snow trigger unless otherwise specified in the signed contract. Efforts will be made to arrive on site within 1 hour, depending on road conditions. Plowing and de-icing may be affected by state of emergency declarations.
Contract Plowing: Plowing times are Monday through Friday, excluding federal/state holidays and weekends. The contract covers per occurrence (per push) snowfalls of 2-6 inches. Additional charges apply for snowfalls exceeding 6 inches.
Priority Areas: Sidewalks, walkways, and marked parking areas have precedence for chemical application to prevent ice and slippery conditions. All other paved areas are treated after plowing, if needed. Lawnworks, LLC is not liable for damage to concrete or asphalt from ice preventative chemicals.
Staking: Seasonal staking of parking lots, curbing, sidewalks, and parking chocks to aid in identification of paved boundaries.
Parking and Obstructions: Lawnworks, LLC will not plow within 3 feet of parked vehicles, equipment, or other obstructions. Depressed areas in pavement/concrete may accumulate snow/ice that may not be removable. Lawnworks, LLC is not responsible for these accumulations but will attempt to remove them.
Snow Piles: Snow piles will be pushed to extreme corners of paved areas away from where vehicles are typically parked.
Icy Conditions: Icy or slippery conditions may exist even after work is completed. Lawnworks, LLC is not responsible for any death, injury, loss, or damage to persons or property due to non-performance of obligations in this agreement.
General Disclaimer: These guidelines are generalized. Please refer to your specific contract(s) for detailed terms and conditions.

VACATION NOTICE:

Small Business Operations: Lawnworks, LLC is a small business committed to providing high-quality service. We appreciate our customers recognizing the hard work and dedication we put into maintaining their properties. Family time is very important to us, and as part of our agreed-upon contracts, please note that we will take one week off during the summer for vacation. During this time, all services will be paused. We thank you for your understanding and continued support.

POLLUTION CONTROL AND ENVIROMENTAL SAFETY:

Lawnworks, LLC is committed to environmentally responsible practices. We adhere to all local, state, and federal regulations regarding the application of herbicides, pesticides, and fertilizers. All products used are EPA-approved and applied by licensed professionals. In the event of a spill or misapplication, the pesticide label is the law and will be followed accordingly to ensure proper handling and mitigation. We take measures to prevent runoff, drift, or contamination of water sources. Clients are advised to inform us of any nearby water sources, sensitive areas, or environmental concerns prior to service. Material Safety Data Sheets (MSDS) for the products used are available upon request.

ADDITIONAL DISCLAIMER(S):
Lawnworks, LLC will not be held responsible for any damage to invisible fences, irrigation systems, television cables, satellite cables, POTS wiring, fiber optic cabling, HVAC thermostat wiring, HVAC line set tubing, electrical lines to lamp posts, outdoor lighting, or any other cabling or lines due to improper installation and or burial. Fees to repair any damage will be the responsibility of the customer. These lines can be marked by the contractor who installed them. The customer is responsible for the fee and contacting the contractor. The cost of relocating lines will be the responsibility of the customer. Chemical trimming, which involves using herbicides to control vegetation growth around HVAC units, exposed wires, and other areas where traditional trimming methods are not feasible, may be used. All herbicides are applied in accordance with safety guidelines and manufacturer instructions to ensure minimal impact on surrounding areas and non-target vegetation.

EFFECTIVE DATE:

These Terms and Conditions are effective as of April 25, 2005. Last updated November 11, 2020.