Terms of Service

Welcome to Mike’s Lawn and Landscape LLC, these Terms and Conditions establish the governing framework for your access to, interaction with, and use of all features, functionalities, services, and offerings provided by us or through our website, software platforms including QuickBooks, and any other related tools, resources, or services we make available collectively referred to as the Platform. By accessing or using the Platform, engaging with us in any capacity, or availing yourself of our services, you agree to be bound by these Terms and to engage with us in accordance with them.

These Terms govern your relationship with Mike’s Lawn and Landscape LLC, including the use of our Platform, the terms of engagement for services provided by us, and all related interactions. By using the Platform or engaging our services, you confirm that you are of legal age and have the authority to enter into a binding agreement and that you have read, understood, and agreed to these Terms and any policies or documents incorporated by reference.

If you do not agree to these Terms, you must discontinue your use of the Platform and refrain from engaging further with us.

We may, at our sole discretion, modify, amend, or replace these Terms at any time to reflect changes in our services, legal requirements, or business needs. It is your responsibility to review these Terms periodically for updates. Your continued use of the Platform or engagement with us following any modifications constitutes your acceptance of the updated Terms.

We are committed to providing you with a seamless, transparent, and valuable experience on our Platform and through our services. Should you have any questions or concerns about these Terms, please contact us at 484-541-0008 during normal business hours, Monday – Friday 7am- 6pm and Saturday 8 am to 3 pm.

General Framework:

Mike’s Lawn and Landscape LLC offers a range of professional services to meet the diverse needs of our clients. These Terms govern your overall engagement with us, including the use of our Platform and associated tools such as QuickBooks or the client portal of Housecall pro. The specifics of the services you receive, including pricing, service terms, and detailed descriptions, will be defined in a separate Scope of Work document, which must be reviewed, signed, and agreed upon before any services are provided.

Definitive Agreement:

The SOW serves as the definitive agreement for the services to be performed and will supersede any general descriptions provided in these Terms or on our Platform. In the event of any conflict between these Terms and the SOW, the provisions of the SOW will govern exclusively with respect to the agreed-upon services.

Modifications and Expansions:

We reserve the right to modify or expand our services as necessary to enhance client experience or comply with evolving legal, technical, or business requirements. Any such changes will not alter the terms of an existing, signed SOW unless mutually agreed upon in writing by both parties.

Acknowledgment of Scope:

By engaging with Mike’s Lawn and Landscape LLC, you acknowledge and agree that the SOW outlines the full extent of services to be provided. Any additional services not specified in the signed SOW will require a separate written agreement and may be subject to additional fees. We also reserve the right to suspend or terminate services if the terms of the SOW or these Terms are breached by the client.

Client Support:

Should you have any questions or require clarification regarding the services offered or the SOW process, we encourage you to contact us prior to engaging with our services or signing the SOW.

General Payment Requirements:

Payment for services provided by Mike’s Lawn and Landscape LLC is governed by the terms outlined in the applicable Scope of Work and the Seasonal Package Deals Pricing Guide. The SOW will specify the payment schedule, method of payment, and the total cost of services. The Seasonal Package Deals Pricing Guide outlines specific pricing and details for seasonal services and bundled package deals. All payments are due in accordance with the terms specified in the signed SOW or the Seasonal Package Deals Pricing Guide unless otherwise agreed upon in writing.

Late Payments:

Clients are required to make payments on time as outlined in the SOW. Any payment not received within five days of the due date will be considered late and may incur a late fee of For invoices over $500: A late payment fee of 2% of the outstanding balance will be applied for each week the payment is overdue.

For invoices of $500 or less:

A flat late payment fee of $25 will be applied for each week the payment is overdue. or the maximum amount allowed by law. Continued failure to remit payment may result in the suspension or termination of services, at our sole discretion, and may require full payment of any remaining balance to reinstate services.

Payment Disputes:

If you believe an invoice is inaccurate, you must notify Mike’s Lawn and Landscape LLC in writing within five business days of receipt of the invoice. Failure to raise a dispute within this period will be deemed acceptance of the invoice as accurate and payable in full.

Refunds and Adjustments:

Refunds, if applicable, will be issued only as specified in the SOW or as required by applicable law. Adjustments to invoiced amounts will only be made for valid disputes resolved in favor of the client.

Payment Methods:

We accept payments via credit/debit, ACH transfer, check, Cash, Online and mPOS options are available. Specific payment instructions will be provided in the SOW or as part of the invoicing process. Clients are responsible for ensuring the accuracy of payment details and must notify us promptly of any changes.

Collection Costs:

In the event of non-payment, Mike’s Lawn and Landscape LLC reserves the right to pursue collections through legal or third-party means. Clients will be responsible for any costs associated with collection efforts, including attorney’s fees, court costs, and other related expenses.

Taxes:

Unless explicitly stated otherwise in the SOW, all prices are exclusive of applicable taxes. Clients are responsible for any sales, use, or other taxes imposed by applicable law related to the services provided.

General Cancellation Terms:

The cancellation of services provided by Mike’s Lawn and Landscape LLC is governed by the terms outlined in the applicable Scope of Work. However, the following general cancellation terms apply to all services unless otherwise specified in the SOW. Clients must provide notice of cancellation as outlined below to avoid additional charges.

Free Cancellation:

Cancellations made more than five calendar days prior to the scheduled service date are eligible for free cancellation. No fees will be incurred for cancellations made within this timeframe.

Partial Cancellation Fee:

If cancellation occurs within three to five calendar days of the scheduled service date, a fee equal to ten percent of the total cost of the scheduled service will apply. This fee reflects the administrative and scheduling adjustments required.

Full Fee for Late Cancellations:

Cancellations made less than twenty-four hours prior to the scheduled service date will incur the full cost of the scheduled service. This policy is in place to account for the resources and time already allocated for the job.

How to Cancel:

To cancel a scheduled service, clients must notify Mike’s Lawn and Landscape LLC via email, phone call, or text message and ensure receipt of the cancellation notice. The time of cancellation will be determined based on when we confirm receipt of your request.

Rescheduling Instead of Cancelling:

Clients wishing to reschedule their service instead of canceling are encouraged to contact us as soon as possible. Rescheduling requests are subject to availability and may be considered a cancellation if not made within the timeframes stated above.

No-Show Policy:

If the client fails to provide notice of cancellation and is not present or prepared for the scheduled service, it will be considered a no-show. In such cases, the full-service fee will be charged.

Property Access and Preparation:

Clients must ensure that Mike’s Lawn and Landscape LLC and its representatives have clear and safe access to the property during scheduled service times. This includes providing any necessary gate codes, keys, or other access instructions. Clients are responsible for ensuring the property is free of obstacles, such as toys, equipment, animal waste, or other items that may interfere with the performance of services. If such items are present and require removal, additional time and charges may apply.

Safety of Property Conditions:

Clients are required to maintain the property in a condition that is safe for our team, equipment, and vehicles. This includes addressing hazards such as unstable terrain, unsafe structures, or the presence of aggressive animals. Mike’s Lawn and Landscape LLC reserves the right to suspend or reschedule services if the property is deemed unsafe, with any associated costs borne by the client.

Timely Communication:

Clients must provide timely and accurate communication regarding scheduling, cancellations, or changes to the scope of work. Any changes to the agreed-upon schedule or services should be communicated at least 5 business days in advance. Failure to do so may result in additional fees or delays.

Compliance with Laws and Regulations:

Clients are responsible for ensuring that any services performed on their property comply with local laws, ordinances, and homeowner association regulations. If specific permits or permissions are required, it is the client’s duty to obtain them before the commencement of services.

Payment Obligations:

Clients must fulfill all payment obligations as outlined in the Scope of Work and these Terms. This includes providing accurate payment information and making timely payments. Non-compliance with payment terms may result in the suspension of services or additional fees.

Notification of Special Requirements:

Clients must notify Mike’s Lawn and Landscape LLC in advance of any specific requirements or conditions that may affect the performance of services. This includes, but is not limited to, areas that require additional care, delicate landscaping features, or specific service instructions.

Acknowledgment of Service Impact:

Clients understand that certain conditions, such as weather, soil quality, or the state of existing landscaping, may impact the outcome of services. It is the client’s responsibility to follow any maintenance or care recommendations provided by Mike’s Lawn and Landscape LLC to preserve the results of our services.

Liability for Damages:

Clients are liable for any damages caused by unsafe property conditions, failure to remove obstacles, or failure to disclose known hazards. Mike’s Lawn and Landscape LLC is not responsible for damage to property or equipment caused by pre-existing conditions or undisclosed hazards.

GENERAL LIMITATION:

TO THE FULLEST EXTENT PERMITTED BY LAW, MIKE’S LAWN AND LANDSCAPE LLC AND ITS AFFILIATES, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• THE USE OR INABILITY TO USE THE SERVICES OR PLATFORM.
• ANY DELAYS, ERRORS, OR INTERRUPTIONS IN THE PERFORMANCE OF SERVICES.
• ANY DAMAGES TO PROPERTY RESULTING FROM THE PERFORMANCE OF SERVICES, EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

LIABILITY CAP:

IN NO EVENT SHALL TOTAL LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT CAUSED THE CLAIM.

Exclusions: This limitation of liability does not exclude or limit liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Any other liability that cannot be excluded or limited by applicable law.

Client Acknowledgment:

By agreeing to these Terms, you acknowledge and accept that the limitations of liability set forth herein are an essential basis of the agreement between you and Mike’s Lawn and Landscape LLC. Without these limitations, the fees for services would be significantly higher.

Third-Party Actions and Conditions:

Mike’s Lawn and Landscape LLC is not responsible for damages, delays, or issues caused by third-party actions, environmental conditions, or other factors beyond our reasonable control, including but not limited to acts of God, extreme weather, or local regulations.

Waiver of Claims:

Clients waive any and all claims against Mike’s Lawn and Landscape LLC for damages or losses arising from conditions pre-existing on the property or resulting from the client’s failure to comply with their responsibilities as outlined in these Terms.

No Guarantees:

Mike’s Lawn and Landscape LLC makes no guarantees or warranties, express or implied, regarding the results or outcomes of services provided. Results may vary based on factors outside of our control, including weather conditions, soil quality, and maintenance performed by the client.

Client’s Obligations:

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Mike’s Lawn and Landscape LLC, its affiliates, employees, contractors, agents, and representatives collectively, the Indemnified Parties from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your breach of these Terms or the applicable Scope of Work.
• Your failure to fulfill your responsibilities as outlined in these Terms or the SOW.
• Any unsafe or hazardous conditions on your property that were not disclosed or addressed prior to the commencement of services.
• Third-party claims resulting from your negligence, misconduct, or failure to comply with local laws, ordinances, or regulations.
• Damages or losses caused by items left in the service area, such as toys, equipment, animal waste, or other obstacles.

Exclusions:

The obligation to indemnify does not apply to claims or damages arising solely from the gross negligence or willful misconduct of Mike’s Lawn and Landscape LLC or its representatives.

Notice and Cooperation:

In the event of a claim subject to indemnification under this section, Mike’s Lawn and Landscape LLC will promptly notify you in writing and provide reasonable assistance in defending or settling the claim. You agree to cooperate fully in the defense of any such claim and may not settle or resolve the claim without the prior written consent of Mike’s Lawn and Landscape LLC, which shall not be unreasonably withheld.

Survival of Indemnification:

This indemnification obligation shall survive the termination or expiration of these Terms or any signed SOW and remain in effect for the duration permitted by applicable law.

Third-Party Claims:

If a third-party claim is made against Mike’s Lawn and Landscape LLC due to your actions, omissions, or breach of these Terms, you agree to cover all costs associated with defending or resolving the claim, including any resulting damages or settlements.

Voluntary Termination by Client:

Clients may terminate ongoing services at any time by providing written notice to Mike’s Lawn and Landscape LLC at least five business days before the next scheduled service. Any pre-paid amounts for services not yet rendered, beyond the notice period, may be eligible for a refund at the sole discretion of Mike’s Lawn and Landscape LLC, less any applicable cancellation or administrative fees.

Termination by Mike’s Lawn and Landscape LLC:

Mike’s Lawn and Landscape LLC reserves the right to terminate services at any time for the following reasons, with prior written notice to the Client:

• Failure to comply with payment obligations as outlined in these Terms or the SOW.
• Breach of any responsibilities or obligations by the Client as outlined in these Terms or the SOW.
• Unsafe property conditions that pose a risk to the safety of our employees, contractors, or equipment.
• Repeated rescheduling, cancellations, or no-shows that disrupt the delivery of services.
• Any other behavior or circumstances that make it impractical or unsafe to continue providing services.

In such cases, the Client will remain responsible for payment of any services rendered up to the date of termination.

Immediate Termination:

Mike’s Lawn and Landscape LLC reserves the right to immediately terminate services without prior notice if the Client’s actions or property conditions pose an imminent threat to the safety of our employees, contractors, or equipment. In such cases, the Client will remain liable for all costs incurred up to the date of termination.

Refunds Upon Termination:

Refunds for pre-paid services will be evaluated on a case-by-case basis. If services are terminated before completion of the agreed schedule, Mike’s Lawn and Landscape LLC may issue a pro-rata refund for services not yet rendered, less any applicable fees or costs associated with termination.

Effect of Termination:

Upon termination, all scheduled services will be canceled, and Mike’s Lawn and Landscape LLC will have no further obligation to provide services to the Client. Any equipment, tools, or materials provided by Mike’s Lawn and Landscape LLC must be returned or made available for collection promptly.

Survival of Terms:

Provisions in these Terms that by their nature should survive termination, including but not limited to payment obligations, indemnification, limitation of liability, and dispute resolution, shall remain in full force and effect after termination.

Reinstatement of Services: If services are terminated for any reason and the Client wishes to reinstate them, a new SOW may be required, and reinstatement is subject to Mike’s Lawn and Landscape LLC’s discretion and availability.

Mediation:

If the parties are unable to resolve the dispute through direct negotiations, they agree to endeavor to settle the dispute through mediation administered by a neutral mediator before resorting to litigation or any other dispute resolution procedure. The parties will jointly appoint an agreeable mediator and will share equally in the costs of such mediation.

Binding Arbitration:

If mediation proves unsuccessful, either party may initiate binding arbitration. Such arbitration shall be administered by a recognized arbitral body mutually agreed upon by the parties. The judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs in the arbitration and shall share equally the costs of the arbitrator.

Exceptions:

Notwithstanding the above clauses, Mike’s Lawn and Landscape LLC reserves the right to seek injunctive relief or file for damages in any court of competent jurisdiction in cases where Mike’s Lawn and Landscape LLC believes that its intellectual property rights have been violated or where it deems necessary to protect its business interests.

Jurisdiction & Applicability:

These Terms, including all agreements and policies incorporated by reference, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws thereof that would lead to the application of the laws of another jurisdiction.

Scope:

The laws of the Commonwealth of Pennsylvania shall govern all matters arising out of or relating to these Terms, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

Exclusivity:

Both parties agree that any legal action or proceeding arising out of or in connection to the obligations, rights, and remedies of parties under these Terms shall be brought exclusively in the courts of Northampton County, Pennsylvania. Each party consents and submits to the exclusive jurisdiction of these courts in any such action or proceeding and waives any objection to venue or inconvenient forum.

International Use & Compliance:

If you access our Platform from outside the United States, you are responsible for compliance with local laws. Mike’s Lawn and Landscape LLC makes no representation that materials or content available through our Platform are appropriate or available for use outside of the United States, and accessing them from territories where their contents are illegal is prohibited.

Waiver of Class Action:

You and Mike’s Lawn and Landscape LLC agree that any proceedings to resolve or litigate any dispute will be conducted on an individual basis and not as a class.