Terms of Service

1. Service Description

Landscaping of Portsmouth ("Company," "we," "us," or "our") provides professional lawn care, landscaping, and property maintenance services in Portsmouth, Virginia and surrounding areas. Services may include, but are not limited to: lawn mowing, edging, trimming, debris removal, seasonal cleanups, and related landscaping work as agreed upon in writing between the Company and the Client.

The scope of work, frequency of service, and pricing for all services shall be clearly outlined in a written agreement or quote provided by the Company prior to commencement of work.

2. Payment Terms & Billing

Invoice & Payment: Invoices will be issued according to the agreed-upon billing schedule (monthly, bi-weekly, or as specified in your service agreement). Payment is due within 30 days of invoice date unless otherwise agreed.

Accepted Payment Methods: We accept credit cards, bank transfers, checks, and electronic payments. A convenience fee may apply to certain payment methods.

Late Payment: Accounts not paid within 30 days of invoice date may be subject to a late fee of 1.5% per month (18% annually) or the maximum rate permitted by Virginia law, whichever is less. Continued non-payment may result in suspension of services.

Price Adjustments: The Company reserves the right to adjust pricing with 30 days' written notice for ongoing service agreements. Seasonal rate adjustments may also apply based on property condition or scope changes.

3. Scheduling & Service Frequency

Service Schedule: The Company will maintain a regular service schedule as agreed. Services will typically be performed during daylight hours on weekdays or weekends, weather permitting.

Weather Delays: Services may be postponed or rescheduled due to excessive rain, flooding, extreme heat, or other unsafe weather conditions. Rescheduled services will be provided within 24-48 hours when possible at no additional charge.

Access to Property: Client agrees to provide safe and reasonable access to the property, including gate codes, keys, or other entry information as needed. The Company is not responsible for damage caused by inability to access the property due to locked gates, obstacles, or other barriers.

Pets & Hazards: Client agrees to secure all pets indoors or in a designated area during service visits. Client is responsible for notifying the Company of any hazards on the property, including underground utilities, irrigation systems, or other obstacles.

4. Cancellation & Termination

Month-to-Month Services: Clients may cancel ongoing service with 14 days' written notice. No early termination fees apply to month-to-month agreements.

Seasonal Contracts: Seasonal service agreements may include early termination fees as specified in the written contract. Cancellation requests must be submitted in writing.

Company Termination: The Company reserves the right to terminate service for non-payment, property damage caused by negligence, or violation of these terms. Termination will be provided with 7 days' written notice when possible.

Final Invoice: Upon termination, a final invoice will be issued for any outstanding services or charges. The Client must settle all outstanding balances within 30 days.

5. Liability & Damages

Limited Liability: The Company's total liability for any claim arising from these services shall not exceed the total amount paid by the Client in the 12 months preceding the claim, or $1,000, whichever is less.

Property Damage: While the Company exercises reasonable care, the Company is not responsible for damage to underground utilities, irrigation systems, septic systems, or other subsurface infrastructure unless caused by gross negligence or willful misconduct. Client is responsible for marking or identifying such hazards.

Plant & Landscape Damage: The Company is not liable for damage to existing plantings, mulch beds, or landscaping features caused by weather, pests, disease, or normal wear and tear. The Company is responsible only for damage directly caused by our crew's negligence.

Disclaimer of Warranties: Services are provided on an "as-is" basis. The Company makes no warranties regarding grass growth, weed control, disease prevention, or other horticultural results, except as expressly stated in a separate written agreement.

6. Insurance & Indemnification

Company Insurance: The Company maintains general liability insurance and workers' compensation insurance as required by Virginia law. Proof of insurance is available upon request.

Client Indemnification: The Client agrees to indemnify and hold harmless the Company, its officers, employees, and agents from any claims, damages, or liabilities arising from the Client's property, including but not limited to bodily injury, property damage, or third-party claims related to the Client's use of the property.

Assumption of Risk: The Client assumes all risk associated with the Company's performance of services. By hiring the Company, the Client acknowledges the inherent risks of landscaping work and accepts responsibility for any injuries or damages occurring on the property during service visits.

7. Intellectual Property & Photography

Before & After Photos: The Company may take before-and-after photographs of completed work for portfolio, marketing, or quality assurance purposes. By engaging our services, you consent to the Company's use of such photographs in marketing materials, website, and social media unless you explicitly opt out in writing.

Proprietary Information: All designs, estimates, and recommendations provided by the Company are proprietary. Clients may not reproduce, distribute, or use these materials without written permission.

Testimonials: With permission, the Company may use client testimonials and reviews in marketing materials. Clients may request removal of testimonials at any time.

8. Client Responsibilities

Property Disclosure: The Client is responsible for disclosing all hazards, obstacles, and underground utilities on the property. Failure to disclose such information may result in damage for which the Company is not liable.

Maintenance Between Services: The Client is responsible for maintaining the property between scheduled service visits, including removal of debris, branches, or obstacles that may have accumulated.

Accurate Information: The Client agrees to provide accurate contact information, property details, and service instructions. Changes to contact information or service preferences must be communicated in writing.

Compliance with Laws: The Client agrees not to use the Company's services for any illegal purpose or in violation of any local, state, or federal laws.

9. Dispute Resolution & Complaints

Service Quality Issues: If you are unsatisfied with a service visit, please contact the Company within 24 hours. The Company will investigate and, if appropriate, provide corrective work at no additional charge.

Formal Complaints: Formal complaints should be submitted in writing to info@landscapingofportsmouth.com or by mail to the address listed below. The Company will respond within 5 business days.

Mediation: In the event of a dispute, both parties agree to attempt resolution through good-faith negotiation. If negotiation fails, disputes may be subject to mediation or arbitration as permitted by Virginia law.

Governing Law: These terms and all service agreements are governed by the laws of the Commonwealth of Virginia. Any legal action must be brought in the courts of Portsmouth or Norfolk, Virginia.

10. Modifications to Terms

The Company reserves the right to modify these terms at any time. Changes will be effective upon posting to the website or upon written notice to the Client. Continued use of the Company's services constitutes acceptance of modified terms.

11. Contact Information

For questions about these terms, service disputes, or to submit formal complaints, please contact:

12. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The Company will make a reasonable effort to replace any invalid provision with one that is valid and enforceable and achieves the original intent.

13. Entire Agreement

These terms, together with any written service agreement or quote, constitute the entire agreement between the Client and the Company regarding the provision of services. Any prior agreements, understandings, or negotiations are superseded by these terms. No oral agreements or side agreements are valid unless confirmed in writing and signed by both parties.