Terms of Service and Conditions

Background

The Client is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide services to the Client. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars). In consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the Client and the Contractor (individually the "Party" and collectively the "Parties") agree as follows.

1. Services Provided

The Client engages the Contractor to provide the services selected by the Client in the Service Selection section of this Agreement (the "Services"). Only services selected by the Client may be performed on a recurring basis unless otherwise approved by the Client in writing.

The available packages are:

• Basic Lawn Care: mowing, edging, string trimming, and blowing for the entire property.
• Leaf Maintenance: ongoing maintenance to manage leaf buildup, including clearing leaves. Replaces Basic Lawn Care when leaves on the property begin to fall.
• Weed Spray: spot treatment of new and existing weeds in areas such as driveways, sidewalks, flower beds, around HVAC units, and other locations that are dangerous to trim around.
• Hedge Trimming: regular trimming, shaping, and care of hedges and bushes to maintain their health and appearance.
• Mulch Installation: a recurring service to add new mulch to the property. The style and color are determined by agreement between the Contractor and Client.

The Client decides which services to have completed on a recurring basis. The Contractor fills in the price for each selected service. The Client may add services at any time, and additions are made as soon as possible. To remove any service, the Client provides fourteen (14) days written notice. The Services also include any other tasks the Parties agree on.

2. Term of Agreement

The term of this Agreement begins on the date of this Agreement and continues on an ongoing month-to-month basis until terminated as provided here. This is not a one-year contract, a seasonal contract, or a fixed-term agreement.

Either Party may terminate this Agreement at any time by providing written notice. Termination may become effective immediately upon mutual agreement of the Parties, or no later than fourteen (14) days after notice is provided. If either Party breaches a material provision, the non-defaulting Party may terminate immediately.

The Client remains responsible only for payment of services performed and approved reimbursable expenses incurred before the effective termination date. Any stored payment authorization automatically ends once all outstanding balances are paid in full following termination.

3. Performance and Service Frequency

The Parties agree to do everything necessary to ensure the terms of this Agreement take effect. The frequency of each package is ultimately decided by the Client after receiving recommendations from the Contractor. The actual number of services performed is determined by the Contractor based on seasonal conditions, weather, and the condition and needs of the property.

The Client acknowledges that grass growth, weeds, leaves, shrubs, and landscape conditions vary throughout the year. For any service scheduled on a flexible basis (such as "As Often As Weekly," "As Often As Biweekly," or "As Needed"), the Contractor may determine that a service is unnecessary due to weather, drought, excessive rainfall, seasonal dormancy, insufficient growth, or other reasonable circumstances. The Contractor may skip a visit when professional judgment determines service is unnecessary, and such a skipped visit does not constitute a breach. The Client is only billed for services actually performed.

4. Compensation

The Client pays per service at the rates listed in the Service Selection section. The Contractor issues an invoice on the last day of each month in which services are performed. Payment is due within fifteen (15) days of the invoice date. If the Client pays by ACH bank transfer, payment is processed automatically, and a line-item invoice is still provided for the Client's records.

Acceptable forms of payment include cash, check, ACH bank transfer (e-check), credit or debit card, PayPal, and Venmo, or another method agreed on by both Parties. Payment processing fees apply as follows: cash and check are charged no fee (0%); ACH bank transfer (e-check) is charged a one percent (1%) fee, which is waived for Clients who have a signed service agreement on file (on contract); and credit or debit card, PayPal, and Venmo are each charged a three percent (3%) fee. Any applicable processing fee is added to the invoice for the payment method used.

If payment is not received within fifteen (15) days of the invoice date, a late fee at a flat rate of 1.5% per month (18% annualized), or the maximum rate allowed by law if lower, is applied to the outstanding balance. If a balance remains unpaid for forty-five (45) days after the due date, the Contractor may suspend services until the balance is paid in full. In the case of an overpayment, the Contractor issues a refund within thirty (30) days of identifying it.

In the event of a billing dispute, the Client notifies the Contractor in writing within seven (7) days of receiving the invoice. Both Parties agree to make reasonable efforts to resolve the issue promptly and in good faith.

5. Payment Authorization

If the Client selects ACH bank transfer or a card on file, the Client authorizes Olympic Mountain Landscaping LLC to electronically charge the selected payment method for: (a) services selected by the Client; (b) services actually performed; (c) charges calculated using the agreed rates; (d) approved reimbursable expenses; and (e) applicable transaction fees disclosed in this Agreement.

The amount charged is not a fixed monthly amount. Monthly charges equal the total value of services completed during the billing period, together with any approved reimbursable expenses and applicable fees. The Contractor provides an itemized invoice identifying the services performed, service dates, rates, reimbursable expenses, and total charges.

If the Client requests an additional or one-time service during a billing month, by phone, text, email, the customer portal, or in person, the Client's request is the Client's approval of that service and its charge. The Contractor may perform the service and, at the Contractor's discretion, add it to that month's end-of-month invoice at the quoted price or the rates in this Agreement, rather than invoicing it separately. The added charge is processed with the regular payment through the Client's authorized payment method without separate advance notice, and appears as its own line on the itemized invoice.

Without prior written approval from the Client, the Contractor may not increase pricing, add recurring services, increase service frequency, charge for services not performed, charge for services not selected, or process charges outside the scope of this Agreement. Written approval may be provided through signed documents, electronic signature, email, text message, customer portal approval, or other written communication that can be retained.

6. Weather Delays

When weather conditions prevent the Contractor from safely or reasonably performing a scheduled service, the Client is not charged for the affected service. Weather-related delays are communicated promptly, and the service is rescheduled to the earliest practical date. The Client is only billed for services that are actually performed and completed.

7. Damages and Reimbursement

Reasonable damages are minor and can be resolved quickly and inexpensively, and are typically associated with the first-time servicing of a property. The Contractor replaces such items, when reasonably necessary, at no cost to the Client if the replacement cost is under $35. Examples include sprinkler heads, meter covers, and clean-out caps.

If the Contractor encounters an excessive number of items scattered throughout the yard and there was no prior notice about fragile or valuable objects, the Contractor notifies the Client of any damage to such items. There is no replacement or purchase of these items without the Client's acknowledgment. Examples include children's toys, water hoses often hidden by natural or man-made elements, and small tools or equipment. The Contractor is not responsible for the replacement or value of items left in the yard without prior communication.

The Client agrees to reimburse the Contractor for reasonable expenses for materials and supplies needed to perform agreed-on services, such as replacement parts, mulch, weed control products, fuel, trash bags, disposal fees, or small tools. For individual purchases under $50, prior notice is not required unless otherwise agreed in writing. For any single purchase over $50, the Contractor notifies the Client in advance and receives approval first. All reimbursed expenses are itemized on the invoice.

8. Independent Contractor

The Contractor is an independent contractor and not an employee. This Agreement does not create a partnership or joint venture and is exclusively a contract for service. The Client is not required to pay or contribute to any social security, tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension, or other employee benefit for the Contractor. The Contractor is responsible for all local, state, and federal taxes related to payments made under this Agreement.

9. Right of Substitution and Equipment

The Contractor may, at the Contractor's discretion, engage a subcontractor to perform some or all of the obligations under this Agreement, and the Client will not hire third parties to assist with the Services. Where a subcontractor is used, the Contractor pays the subcontractor, the Client's compensation remains payable to the Contractor, and the subcontractor is treated as an agent of the Contractor for indemnification purposes.

The Contractor has full control over working time, methods, and decision making in providing the Services, and works autonomously while remaining responsive to the reasonable needs and concerns of the Client. Except as otherwise provided, the Contractor provides, at the Contractor's own expense, all tools, machinery, equipment, materials, supplies, and other items necessary to deliver the Services.

10. Confidentiality and No Exclusivity

Trade Secrets include confidential and proprietary business information relating to the Contractor's business that is secret and gives a competitive advantage. The Client agrees not to disclose or use any Trade Secrets during the term of this Agreement and for six (6) months after its termination. Information already available to the public is not a Trade Secret.

This Agreement is non-exclusive. Either Party is free, during and after the term, to engage or contract with third parties for similar services.

11. Indemnification

Except to the extent paid in settlement from applicable insurance policies, and to the extent permitted by law, each Party agrees to indemnify and hold harmless the other Party and its affiliates, officers, agents, employees, and permitted successors and assigns against any claims, losses, damages, liabilities, penalties, expenses, and reasonable legal fees that arise out of any act or omission of the indemnifying Party in connection with this Agreement. This indemnification survives termination of this Agreement.

12. General Provisions

Any amendment or modification of this Agreement is binding only if evidenced in writing signed by each Party or an authorized representative. Time is of the essence, and no extension or variation operates as a waiver of this provision.

The Contractor will not assign or transfer its obligations under this Agreement without the Client's prior written consent. This Agreement is the entire agreement between the Parties, and there is no representation, warranty, or collateral agreement except as expressly provided here. It enures to the benefit of and is binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns. Headings are for convenience only.

This Agreement is governed by and construed in accordance with the laws of the State of Alabama. If any provision is held invalid or unenforceable, the remaining provisions continue in full force with the invalid part severed. A waiver of any breach or provision by either Party is not a waiver of any later breach of the same or other provisions.