Happy Plants Terms of Service

Your 100% Satisfaction Is Guaranteed

When you have accepted a Happy Plants Estimate for any Product or Service, you are agreeing to the Happy Plants Private Gardening and Design LLC Terms of Service, Limited Landscape Warranty and Watering Instructions. Estimates, Quotes, and Proposals are valid for 30 days.

1. Payment

Click the "Pay Your Invoice" tab at the top of this page to conveniently make a secure payment by credit card or bank account. This must be completed before your first service can be scheduled. Invoices not paid according to terms of agreement or within one week of receipt will be subject to a late fee of $10 per day. Deposits and Consultation Fees are not refundable. Fraudulent credit card chargebacks will be subject to a fee of 3 times the amount of the chargeback in addition to any past due balance and late fees.

2. Property

By accepting a Happy Plants estimate, you understand that the service will be performed at the agreed upon service address based on the state of the job site at the time of the On Site Consultation. It is the homeowner's responsibility to arrange for street parking for at least 1 truck with reasonable access to the project location, and any and all necessary property surveying, permits, etc., unless otherwise discussed.

Construction will not be scheduled until all permits and necessary information for the safety, liability and warranty of your project has been confirmed in writing. This includes confirmation of the present state and functionality of the irrigation system.

No other projects should be in progress on the job site during a Happy Plants project or service without our prior knowledge. If we arrive at the scheduled time and have not been informed prior to arrival of no parking in the vicinity or a project in production on the property the client will be responsible for travel time and rescheduling costs before the project can be rescheduled. All chemical applications on your property including herbicides and pesticides will need to be scheduled one week prior to your Happy Plants project or two weeks following your project for the safety of our team and to give your delicate new plants time to establish.

3. Scope of Work

By accepting a Happy Plants estimate, you understand the scope of work is limited to the description in the service estimate, project proposal and/or design or sketch. Happy Plants has no responsibility or liability for services that were not performed if not listed in the service estimate. If you have any questions about the scope of work in this project, please contact us before accepting this estimate. If for any reason the scope of work should change or increase due to customer request or matters out of our control, the compensation amount may change. Additional service requests or changes may be scheduled for a later date.

Please note that the first recurring service or service performed after a requested break in service may result in a charge up to double the regular service amount. This one-time increase in charge would be due to overgrowth and excessive time spent.

4. Picking Up Items

Your service will be predictable and reliable. Since you’ll know when we’re coming, we ask that you please pick up all items in your yard and move all vehicles or blockages that may hinder our ability to access gates, flower beds, etc. This includes doggy doodoo and dog toys, children’s toys, hoses, gardening equipment, etc. Extra charges may apply if our team is responsible for picking up items in your yard (this excludes sticks and yard debris when we are providing a cleanup service) or is unable to perform services to the best of their ability or delayed at your property due to blockages. This ensures that our workers can stay efficient and do the best job for you, while avoiding damage to your personal items and our equipment. Repeated occurrences, damage to our equipment or personal injury to our employees may result in termination of service.

5. Courtesy and Safety

Please make sure irrigation is not run for 2 hours prior to our scheduled arrival.

While Happy Plants Private Gardening and Design LLC is on location at your property, you are responsible for keeping all children and pets, as well as other individuals at least 20 feet away from the work area. This is for your safety, as well as our own. If a Happy Plants team member feels as though they can not perform a task to the best of their ability or in a manner that is safe (ex. people standing in the path while sharp palm fronds are being moved through the yard or people standing too close while sharp tools are being used) the worker is required to give one warning. If at that time the problem continues to persist, the job will be terminated immediately and there will be no refunds. Never touch a Happy Plants team member or a piece of Happy Plants equipment. On some occasions, to keep costs down, tools and equipment will be left in a neat pile in a predetermined area of the property for the convenience of not having to load up the truck every day for the project. If a team member finds that a tool is missing or has been used without Happy Plants approval, the tools and equipment will be loaded and brought off site every night until the project is completed and will result in extra charges for any damages incurred and the time it takes to bring the equipment back and forth every night for the remainder of the project. It may also result in the project running longer than estimated.

6. Damages

Happy Plants Private Gardening and Design LLC cannot be held responsible for damage to irrigation systems, sprinkler heads, downspout covers, etc. We can replace certain items for a small fee. We cannot be held responsible for damage to certain unavoidable areas that could be affected by a string trimmer, including, but not limited to: fencing, mailbox posts, fences, lanai screens, swing sets and play areas, unprotected siding that may be low to the ground, unmarked plants placed outside of regular beds, and other unprotected or unmarked areas. If an item should be directly damaged by our equipment, we will communicate the issue with you as soon as possible; if you notice that an item has been damaged, please notify us within 24 hours per our satisfaction guarantee below. Happy Plants Private Gardening and Design LLC cannot be held liable for any damage that may be out of our control, including ground status during excavation. We cannot be held liable for damage to our work should surrounding features or structures fail.

Happy Plants Private Gardening and Design LLC is Licensed and Insured.

7. Cancellation

If you choose to cancel your recurring gardening service, a 30-day notice is required.

In the event that the construction of a project is canceled due to client request, breach of contract, contract expiration, or any reason out of Happy Plants control, the client will be responsible for the full price of all services that have been completed including Design Services that had been previously complementary and included in your design and construction project and all costs incurred at the regular hourly price of $100 for company time and cost of materials dedicated to any aspect your project regardless of any previous discounts or complimentary services in the previous agreement. If you would like Happy Plants to continue the completion of your project a new agreement will be made and100% of the cost of all future jobs will need to be paid in advance to schedule all future projects or services.

8. Promotion

Happy Plants Private Gardening and Design LLC may take photographs of your property, in terms of “before” and “after” purposes. By accepting this estimate, you grant us the permission to take such photographs and give us sole rights to the property of these photographs.

*Fraudulently advertising, promoting, or representing a Happy Plants project, service or design as another company's work is subject to a fee of $5000 for each incident.

9. Water Usage

By accepting this estimate, you agree to provide Happy Plants Private Gardening and Design LLC the right to use an on-site water supply as needed to complete the stated project without compensation. It is the Customer’s responsibility to make sure the water supply is on and working before we arrive. Service may be rescheduled, canceled, and/or additional charges may apply if water is not available at the time of our arrival.

10. Weed Growth

Happy Plants Private Gardening and Design LLC is not liable for any weeds that may emerge after a landscape installation has been completed. Weed seeds are spread through wind and weather, i.e. factors beyond our control.

11. Removal and Replacement of Property

Removal and replacement of grills, patio furniture, planters, children’s and pets’ toys, etc. is the responsibility of the homeowner. Once you are placed on our schedule, please prepare for our arrival accordingly. Should we need to remove items from the deck or yard, we will not be responsible for breakage, storage issues, or proper return to the original area. An additional charge will be applied.

12. Dispute Resolution

The following procedures will be used to resolve any dispute arising from or related to your Happy Plants agreement. If any of these provisions are determined to be invalid or unenforceable, the remaining provisions shall remain in effect and continue to bind the parties to the fullest extent permitted by law.

a. MEDIATION: Any dispute between Happy Plants and the Client shall first be submitted to mediation by written notice to the other party or parties prior to any party taking any further adversarial action against the other. In the mediation process, the parties will try to resolve their differences voluntarily with the aid of an impartial mediator, who will attempt to facilitate negotiations. The mediator will be selected by agreement of the parties. If the parties cannot agree on a mediator, a mediator shall be designated by the American Arbitration Association ("AAA") at the request of a party. Any mediator so designated must be acceptable to all parties; however, consent may not be unreasonably withheld. The mediation will be conducted as specified by the mediator and agreed upon in good faith by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion. The mediation will be treated as confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings.

Each party will bear its own costs in the mediation. The parties will equally share the fees and expenses of the mediator. Should the Client or Happy Plants not agree to mediate in accordance with the terms of this paragraph, that party shall be precluded from taking any further adversarial action against the other.

b. ARBITRATION: If any dispute arising from or related to this agreement has not been resolved within ninety (90) days after the written notice beginning the mediation process (or a longer period, if the parties agree), the mediation process shall terminate and the dispute shall be resolved exclusively by mandatory binding arbitration. The arbitration will be conducted exclusively in Hillsborough County in a proceeding conducted before and in accordance with the rules of the AAA. A single arbitrator will conduct the arbitration, regardless of the size of the dispute. The arbitrator will be selected as provided in the AAA rules. Any issue concerning the extent to which

any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be resolved by the arbitrator applying Florida law, regardless of Florida laws governing conflict of laws. No potential arbitrator may serve as arbitrator unless he or she agrees in writing to abide by and be bound by these procedures. The fees and expenses of the arbitrator and of the AAA will be shared equally by the parties throughout the arbitration proceeding. However, at the conclusion of the arbitration proceeding, the arbitrator shall award the prevailing party its fees, costs and expenses incurred in prosecuting or defending the dispute, as applicable, and reimbursement of the fees and expenses of the arbitrator and AAA paid by the prevailing party throughout the arbitration proceeding. The arbitrator may not award non-monetary or equitable relief of any sort. The arbitrator

has no power to award punitive damages, or any other damages not measured by the prevailing party's actual damages, and the parties expressly waive their right to obtain such damages (including, without limitation, incidental, consequential, or special damages) in arbitration or in any other forum. In no event, even if any other provision of this Addendum or the Accompanying Terms of Service is held to be invalid or unenforceable, shall the arbitrator have the power to make an award or impose a remedy that could not be made or imposed by a Florida State court deciding the matter. All aspects of the arbitration shall be confidential. Neither the parties nor the arbitrator may disclose the existence, content, or results of the arbitration, except to their financial or legal

advisors, as necessary, to comply with legal or regulatory requirements or to enforce the agreement between the parties or any order or award of the arbitrator. The result of the arbitration will be binding on the parties, and judgment on the arbitrator's award may be entered in any court having jurisdiction to do so.

Our 90 day Limited Landscaping Warranty

Shrubs, Groundcovers, Palm Trees and Trees are covered by our 90 days limited landscape warranty. Please follow the watering instructions below and contact us if you have any questions or concerns.

If a newly installed plant is cared for properly but dies of unknown causes out of yours or our control, a replacement plant will be provided to you at no cost.

You may choose to have us remove the dead plant and replant the replacement in its place at $90 per man hour or whatever our current man hour rate is at that time.

Our limited landscape warranty does not cover soil, mulch, stone, annuals, herbs, citrus, bromeliads, roses, sod, transplanted plant material,

plant or tree death due to improper watering or chemical application, acts of nature, inclement weather, or natural disaster.

Once your warranty expires, you are welcome to contact us for all future plant replacement orders. We will order through our premium nursery supplier and charge your account for all materials.

How to Water Your New Garden and New Lawn

It is extremely important that all newly installed or relocated plants and new sod are watered DEEPLY every day for 2 weeks after they are installed, every other day the third and fourth weeks, and once a week after established unless otherwise instructed by your 😊🌹gardener.

Lawn and Garden Nutritional Treatments

It can take up to 10 weeks of consistent proper watering to see the full results of an Organic Lawn or Garden Nutritional application. Severely Damaged Lawns can take up to a year of proper watering and nutrition to completely recover.

Organic Pest Control and Systemic Root Drench Treatments are recommended for the first signs of disease. Although we have had excellent results over the years they are not guaranteed to save the plant or tree. Severe Damage can take up to a year of proper care and nutrition to completely recover.

Satisfaction Guarantee

Your 100% satisfaction is guaranteed

If for any reason you are not satisfied with the quality of service you have received, please contact us within 24 hours.

It is our absolute pleasure to serve you!

Please contact us with any questions or concerns at happyplantslandscapedesign@gmail.com