Terms of Service

Leveled Edge Landscaping LLC Terms of Service
 

Effective Date: January 13, 2020

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1. Agreement to These Terms

These Terms of Service ("Terms") govern all landscaping and related services provided by Leveled Edge Landscaping LLC ("Company," "we," "us," or "our") to any residential or commercial client ("Client," "you," or "your"). By requesting, scheduling, or accepting our services, you agree to be bound by these Terms. These Terms apply together with any written estimate, quote, or project agreement we provide for a specific project. If a written project agreement conflicts with these Terms, the project agreement controls for that project only.

2. Services

The Company offers landscaping services including, but not limited to: mowing, mulching, rock and gravel installation, bed renovation, bush trimming, bush removal, leaf removal, junk removal, tree and stump removal, sod installation, hardscape installation, and one-time, seasonal, and full property cleanups.

We are based in Chesterfield, Virginia and serve Chesterfield County and surrounding areas. Service availability for any location is at the Company's sole discretion.

3. Estimates and Pricing

We provide free estimates and quotes. Estimates are based on the conditions visible at, or disclosed to us before, the initial consultation and are subject to revision if the scope of work changes or if previously undisclosed conditions are discovered after work begins.

Pricing is determined on a per-project basis and reflects the type and extent of the service, materials, equipment, labor, and site conditions. The quoted price covers only the work described in the written estimate. Any additional work requested by the Client will be quoted and billed separately.

4. Deposits

A deposit may be required before work is scheduled or materials are ordered, particularly for projects involving significant material costs (such as sod, gravel, mulch, or hardscape installations) or extended labor. The deposit amount is determined by the Company on a case-by-case basis according to the scope of the project, the cost of materials, and the circumstances of the job, and will be stated in the written estimate. Deposits are applied toward the final project balance.

5. Payment

5.1 Payment Methods. We accept cash, credit card, check, Zelle, and Venmo. If none of these methods are suitable, alternative arrangements may be made with management before work begins.

5.2 Payment Due Dates. Payment is due as stated in the written estimate or invoice for the project. Unless otherwise stated in writing, the full remaining balance is due upon completion of the work.

5.3 Late Payment. Any balance that remains unpaid more than [15] days after its due date may be charged a late fee of [1.5% per month (18% per year)] or the maximum rate permitted by Virginia law, whichever is less. The Company may suspend or terminate current and future services on any account with a past-due balance.

5.4 Non-Payment. If a Client fails or refuses to pay amounts owed, the Company reserves the right to pursue any and all remedies available under law, including: referring the account to a collection agency; recording a mechanic's lien against the improved property as permitted under Virginia law (Va. Code § 43-1 et seq.); and filing suit, including in the General District Court for the appropriate jurisdiction. The Client is responsible for the Company's reasonable costs of collection, including collection agency fees, lien recording fees, court costs, and attorney's fees, to the fullest extent permitted by law.

6. Chargebacks

By paying with a credit or debit card, the Client agrees not to initiate a chargeback or payment dispute with their card issuer for work that has been completed. Any concern about completed work must instead be raised through the dispute resolution process in Section 17. A chargeback initiated in violation of this Section is a breach of these Terms, and the Company may recover the charged-back amount along with any associated fees, costs, and collection expenses.

7. Scheduling, Cancellations, and No-Shows

7.1 Booking. Clients may schedule services by phone or through the form on our website. All bookings are confirmed by the Company.

7.2 Cancellation. Cancellations must be communicated to the Company as soon as possible. If the Client cancels a project after it has been scheduled, the Client is responsible for:

1. the cost of any materials already purchased specifically for the project, including any non-refundable amounts or restocking fees;

2. labor already performed on the project, including preparation work; and

3. any other costs incurred by the Company specifically in connection with the project, such as permit fees, equipment rental, or delivery charges.

Any deposit paid will be applied to these amounts. Any remaining deposit balance will be refunded, and any shortfall will be invoiced to the Client.

7.3 No-Shows. If the Company arrives at the scheduled time and is unable to access the property or perform the agreed services due to the Client's actions or inactions, a trip / no-show fee may apply.

8. Client Responsibilities

The Client must provide access to the property as required for the agreed services, including ensuring gates are unlocked and pets are secured. The Client must complete any preparation requested by the Company before the crew's arrival, and should move vehicles and other valuables away from the work area when asked. The Client must provide accurate and complete information about the property, including the disclosures described in Section 9.

9. Site Conditions and Underground Utilities

9.1 Public Utility Locating. The Company contacts Virginia 811 to have public underground utilities located before excavation work, as required by law.

9.2 Private Lines Are Not Located by 811. Virginia 811 does not locate privately owned underground lines, including irrigation systems, low-voltage landscape lighting, invisible pet fences, septic systems and drain fields, propane lines, and private water or electrical lines running to outbuildings, pools, or other features. The Client must disclose, in writing, all known private underground lines, buried structures, and other concealed hazards on the property before work begins.

9.3 Undisclosed Hazards. The Company is not responsible for damage to private underground utilities, buried structures, buried objects, hidden tree roots, or any other concealed conditions that the Client did not disclose in writing before work began. The Client is responsible for repair costs, project delays, and any other damages resulting from undisclosed conditions.

10. Permits

Where a permit is required for the agreed work, the Company will obtain it. Permit costs may be passed through to the Client and will be itemized in the estimate or invoice.

11. Weather

Services may be rescheduled due to adverse weather conditions at the Company's discretion, and we will notify the Client of any changes as soon as possible. The Company is not responsible for changes to, or deterioration of, completed work caused by weather or natural conditions, including rain, wind, storms, drought, freezing temperatures, erosion, or settling.

12. Property Damage and Limitation of Liability

12.1 Damage Caused by Our Work. We take care to avoid damage to your property. If our crew accidentally damages the Client's property in the course of performing the work — for example, a sprinkler head, fence, or window — the Company will assess the damage promptly and repair or compensate for it, subject to the exclusions below.

12.2 Exclusions. The Company is NOT responsible for the following, and the Client releases the Company from any claims relating to:

1. damage to driveways, or the cleanliness of driveways and other surfaces, including dust, dirt, mud, and debris incidental to the work;

2. changes to or deterioration of completed work caused by weather or natural conditions (see Section 11);

3. minor, incidental effects of equipment and tools normally used in landscaping work, such as grass that is flattened or ripped up by equipment tracks, or similar minor turf wear;

4. slight or incidental damage to existing plants, shrubs, or other vegetation located within or near the work area;

5. dust, grass clippings, soil, or other debris settling on vehicles parked within the vicinity of the work area, or any other vehicle-related claim that does not involve clear, demonstrable physical damage to the vehicle — Clients are encouraged to move vehicles away from the work area before work begins;

6. damage resulting from concealed or undisclosed site conditions (see Section 9); and

7. pre-existing damage or conditions on the property.

12.3 Limitation. To the fullest extent permitted by law, the Company's total liability for any project shall not exceed the amount paid by the Client for that project, and the Company shall not be liable for indirect, incidental, or consequential damages.

13. Workmanship, Maintenance, and Follow-Up

13.1 Maintenance Guidance. Upon completion of the work, we will explain to the Client how to properly maintain the completed work (for example, watering schedules for newly installed sod). The long-term results of landscaping work depend heavily on maintenance, weather, soil, drainage, and other conditions outside the Company's control.

13.2 No Implied Warranty. Unless a specific written warranty is provided for a project, the Company does not warrant or guarantee the work beyond completion. Living materials — including sod, plants, shrubs, trees, and seed — are not guaranteed to survive or establish, as their health depends on care and conditions beyond the Company's control.

13.3 Courtesy Fixes. As a matter of customer service, the Company is generally open to returning to perform minor fixes or adjustments. Whether a return visit is offered, and on what terms, is determined by the Company on a case-by-case basis. Clients should contact us promptly with any concerns.

14. Written Terms Control; No Verbal Agreements

These Terms, together with the written estimate, invoice, or project agreement for a given project, constitute the entire agreement between the Company and the Client. No verbal statement, promise, representation, or agreement — whether made before, during, or after the work — is binding on either party unless it is confirmed in writing (email or text message is sufficient). In the event of any dispute about what was agreed, the written record controls. The Company is not responsible for, and will not be bound by, claims based on alleged verbal statements that are later disputed or retracted.

15. Photography and Marketing

The Company may take photographs and video of the work area before, during, and after a project, and may use them for marketing purposes, including on our website, portfolio, and social media. We will not include personally identifying information such as house numbers, faces, or license plates without separate permission. Clients may opt out of marketing use entirely by notifying us in writing before or at the time of service.

16. Insurance and Compliance

Leveled Edge Landscaping LLC is fully insured, and proof of insurance is available upon request. We comply with all applicable local laws and regulations relating to our services.

17. Dispute Resolution

17.1 Talk to Us First. If you are not satisfied with our services, please contact management to discuss your concerns. We aim to resolve complaints promptly and fairly.

17.2 Mediation, Then Arbitration. Any dispute that cannot be resolved through good-faith discussion shall first be submitted to mediation before a mutually agreed mediator in Virginia, with the costs of the mediator shared equally. If mediation does not resolve the dispute, it shall be resolved by binding arbitration conducted in Virginia.

17.3 Collection Carve-Out. Notwithstanding Section 17.2, nothing in these Terms prevents the Company from pursuing collection of unpaid amounts through any lawful means, including collection agencies, mechanic's liens, and the courts, as described in Section 5.4.

18. Governing Law

These Terms and all services provided by the Company are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles. Venue for any permitted court proceeding shall lie in the courts serving Chesterfield County, Virginia.

19. Residential and Commercial Clients

These Terms apply to both residential and commercial Clients, including businesses, HOAs, and property managers. Commercial projects may be subject to supplemental written terms, which control over these Terms in the event of a conflict.

20. Privacy

We collect only the information necessary to provide our services, such as your name, phone number, email address, property address, and any other information you choose to provide. This information is used for communication and project completion, may be retained for our business records, and is kept confidential between the Company and the Client. We do not sell Client information.

21. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

22. Amendments

The Company reserves the right to update or modify these Terms at any time. Clients will be notified of significant changes, and continued use of our services after such changes constitutes acceptance of the updated Terms.

23. Contact Information

For any questions or concerns regarding these Terms, please contact us:

Leveled Edge Landscaping LLC

Phone: (804) 835-2558

Email: levelededgelandscaping@gmail.com

Address: Chesterfield, VA