Be Green Lawn Care Service, LLCContract for Landscape Management Services
This Agreement for landscape management services is between Be Green Lawn Care Service, LLC (doing business as “Be Green Pro”) (“Contractor”) and the entity or individual listed above (“Customer”) for the performance of landscape management services described herein. The parties therefore agree as follows:
1. DEFINITIONSAs used herein and throughout this Agreement:1.1. Account on File means the bank account or credit or debit card provided by Customer to Contractor to pay the Fees (defined herein) for the Services (defined herein).1.2. Agreement means the entire content of these terms.1.3. Contractor means Be Green Lawn Care Service, LLC (doing business as “Be Green Pro”).1.4. Contact Information means the methods to communicate with Contractor related to this Agreement, including any one of the following:1.4.1. Sending an email to: email@example.com;1.4.2. Calling Contractor at: 262-361-4034; or1.4.3. Submitting Contractor’s Contact Us page on Contractor’s website, located at: https://begreen.pro/contact-us/.1.5. Customer means the individual or entity listed above.1.6. Customer Portal means Customer’s account webpage available on Contractor’s website athttps://begreenpro.manageandpaymyaccount.com/Authorization/Login.1.7. Fee or Fees shall mean the fee paid by Customer for the Services.1.8. Property means the property or properties listed and described in the Service Proposal.1.9. Service Proposal means the document emailed to Customer detailing the estimate for Contractor’s provision of the Services.1.10. Service means a single visit by Contractor to a Property or one of the Properties to provide the Services.1.11. Services means all landscape management services sold as a Service package to be provided to Customer by Contractor as described in this Agreement.
2. DESCRIPTION OF SERVICES2.1. Contractor will furnish Customer with Services for the Property listed and described in the Service Proposal.2.2. While providing the Services, Contractor may, in its sole discretion, apply Contractor’s proprietary products to the Property, including products that contain chemicals. Upon completion of a Service where a treatment is applied, Contractor will:2.2.1. Email Customer at the email address below regarding any products used on the Property.2.2.2. If a pesticide is applied, post Pesticide Application Notification(s) on the Property and provide a written pesticide usage record to be left at the Property.2.3. Contractor shall be entitled to photograph the Property to the extent necessary to either (a) document that Services were rendered to Customer or (b) document the progression of Services. Customer understands and acknowledges that allsuch photographs are retained and stored in Contractor’s third-party software.2.4. Customer may request a Service in addition to the contracted-for Services listed in the Service Proposal by contacting Contractor via the Contact Information listed above. Contractor will determine, in its sole discretion, whether to provide an additional Service in response to Customer’s request.2.5. Customer may cancel or postpone an upcoming Service at no additional charge if Customer provides 14 days advance notice to Contractor. The request shall be submitted via the Contact Information listed above. Contractor may not be able to cancel Service if Customer provides less than 14 days advance notice. If Customer’s cancellation request is not timely received by Contractor and Contractor provides a Service or attempts to provide Service, Customer is liable for the entire applicable Fee. If Contractor can honor a cancellation request received with less than 14 days advance notice, Customer shall incur a $50.00 cancellation fee.
3. FEES3.1. In consideration of Contractor furnishing the Services pursuant to these terms, Customer will pay Contractor the Fees listed in the Service Proposal.3.2. Contractor may change the Fees, including the rate identified in Customer’s Service Proposal, by giving Customer 14 days notice during the Term of this Agreement as defined herein. Any such notice of rate changes shall be sent to Customerat the email address listed below. Customers who pay for the Services on an Advanced Fee basis are not subject to any rate changes implemented in the same calendar year in which Customer paid the Advanced Fee.
4. PAYMENT AND REFUNDS4.1. Customer shall pay for the Services as follows:4.1.1. Customer shall pay the entire Fee listed above (an “Advanced Fee”) upon executing this Agreement; or4.1.2. Customer shall pay the Fee listed above payable in monthly installments with the first payment due upon executing this Agreement (a “Monthly Installment Fee”); or4.1.3. Customer’s bank account or credit or debit card on file (“Account on File”) shall be billed prior to Contractor providing a Service for the Property (“Time of Service Fee”).4.2. Monthly Installment Fee. If Customer chooses to pay for the Services on a Monthly Installment Fee basis, Customer shall be billed on the 15th day of each month following the Execution Date of this Agreement. Customer will be charged a 3% administrative fee for each installment payment. Customer agrees to provide an Account on File to be maintained in Contractor’s billing management system upon the signing of this Contract.4.3. Time of Service Fee. If Customer chooses to pay a Time of Service Fee, Customer agrees to provide an Account on File upon the signing of this Contract.4.4. Monthly Installment Fee and Time of Service Fee Customers understand that Contractor cannot access the Account on File or information thereon because same is maintained only by Contractor’s billing management system. Monthly Installment Fee and Time of Service Fee Customers expressly consents to Contractor charging all Fees under this Agreement to Customer’s Account on File.4.5. Contractor reserves the right to charge Customer a late fee for Fees not paid within thirty (30) days of due date.4.6. All payments, including Advanced Fees, Monthly Installment Fees, and Time of Service Fees are nonrefundable. However, Customer may assign or transfer any unused Advanced Fees to a third party or to a different Property. To do so, Customer shall contact Contractor via the Contact Information listed above.4.7. Customer shall be responsible for all collection and/or actual legal fees incurred because of Customer’s late payment(s) or failure to pay.
5. TERM, AUTOMATIC RENEWAL, AND TERMINATION5.1. This Agreement shall commence on the date this Agreement is executed by Customer (the “Effective Date”) by either accepting these terms or paying the Advanced Fee or first Monthly Installment Fee or Time of Service Fee, whichever isearlier. This Agreement shall continue until January 2, 2023 (the “Initial Term”). After expiration of the Initial Term, this Agreement will automatically renew for successive 12- month periods (each of which is a “Renewal Term” and together with the Initial Term is the “Term”) unless Customer declines renewal or terminates this Agreement in a mannerdefined herein.5.2. Contractor will increase the Fees for the Services prior to the beginning of each Renewal Term. Contractor will notify Customer of any Renewal Term rate increases at least thirty (30) days before this Agreement is scheduled to renew.5.3. To decline the automatic renewal, Customer must notify Contractor at the Contact Information listed above that Customer wishes to terminate this Agreement at least twenty-eight (28) days before the expiration of the Initial Term or any Renewal Term, as applicable.5.4. This Agreement may be terminated by the mutual agreement of the parties, or if any party:5.4.1. Becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or5.4.2. Breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.5.5. Contractor may terminate this Agreement immediately if:5.5.1. Contractor’s employees or agents feel threatened, harassed, or otherwise uncomfortable when performing the Services; or5.5.2. Customer’s Account on File is declined for any reason and Customer has not remedied the situation within 48 hours of Contractor’s notice of decline.5.6. Customer may terminate this Agreement by providing 28 days notice to Contractor at the Contact Information listed above.5.7. In the event of termination, Contractor shall be compensated for the Services performed through the date of termination if payment for same has not previously been made.
6. CUSTOMER’S RESPONSIBILITIES6.1. Customer must provide all information about the Property (including the information listed in paragraph 7.1.2 herein) to Contractor before Contractor services the Property. Contractor reserves the right to increase the Fee for the Services ifCustomer fails to provide accurate and complete information related to the Property prior to the Effective Date.6.2. Customer shall keep the Account on File current unless Customer chooses the Advanced Fee payment method. Customer may update the Account on File by contacting Contractor at the Contact Information listed above or by using Contractor’s Customer Portal.6.3. Customer shall remove all impediments from the Property that may interfere with Contractor’s ability to render the Services. Such obstacles include, but are not limited to, cars, exterior furniture, exterior lights, outdoor equipment, toys, dog waste, and leaves. If Customer fails to remove any such impediments, Contractor will provide the Service up to and around the impediment or by moving the obstacle, in Contractor’s sole discretion. Contractor may, but is not required to, move any obstacle(s) on the Property. Customer is not entitled to a discount, refund, or supplemental Service if Contractor is unable to service the Property due to Customer’s failure to remove any such obstacles.6.4. Customer shall postpone a Service if Customer has scheduled a third party to perform work on the lawn or exterior of the Property on the same date that Contractor is scheduled to perform a Service. Contractor shall notify Customer of anupcoming Service by emailing Customer at the address below at least 24 hours in advance.6.5. Customer shall be responsible for closing and securing any gates, pool enclosures, or fences that Contractor may open while providing the Services.6.6. Customer shall follow all applicable special instructions for the Services, including Aeration and Overseed Special Instructions; Aeration Special Instructions; Pest Management Special Instructions; Fertilizer Special Instructions; Weed Management Special Instructions; and/or Tree Management Special Instructions. Contractor will provide any applicable special instruction to Customer via email and paper copy left after Customer receives a Service.6.7. Customer agrees to abide by all instructions on any Pesticide Application Notification(s) placed on the Property by Contractor.6.8. Customer shall timely communicate with Contractor regarding specific needs or concerns related to the Property. Customer may submit any such needs or concerns by contacting Contractor via the Contact Information listed above at least 24 hours prior to any Service.6.9. Customer shall notify Contractor within 24 hours of receiving a Service if Customer is not satisfied with the quality of the Service. Contractor may, in its sole discretion, determine how best to address any such complaint.
7. WARRANTIES AND REPRESENTATIONS7.1. Customer represents and warrants that:7.1.1. Customer shall comply with the terms and conditions of this Agreement, including but not limited to the CustomerResponsibilities.7.1.2. Customer notified Contractor of the following:184.108.40.206. Whether the Property has any unique lot lines and if so where;220.127.116.11. Whether there are areas of the Property that Contractor should not treat or provide services to;18.104.22.168. Whether there are any structures on the Property and if so whether any special instructions apply;22.214.171.124. Whether the Property has an underground invisible fence;126.96.36.199. Whether the Property has a drainage system and if so where;188.8.131.52. Whether the Property has an irrigation system or any other invisible or underground obstructions;184.108.40.206. Whether the Property is subject to any municipal ordinances or environmental regulations that may interferewith Contractor’s ability to render the Services;220.127.116.11. Whether the Property has a pool, wellhead, or waterway and if so where; and18.104.22.168. Whether Customer keeps or allows any animals on the Property that may be outside during the rendering of theServices (e.g., dogs, cats, chickens, rabbits).7.2. Contractor states as follows:7.2.1. Contractor represents and warrants to Customer that Contractor will provide the Services in a professional manner and in accordance with all reasonable professional standards for such services.7.2.2. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, IF ANY, CONTRACTOR MAKES NO WARRANTIES WHATSOEVER. CONTRACTOR EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN REGARD TO THE SERVICES OR GOODS CONTRACTOR OFFERS FOR SALE INCLUDING BUT NOT LIMITED TO COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE SERVICES AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. INDEMNIFICATION AND LIABILITY8.1. Customer understands and acknowledges that Contractor makes no guarantees, either express or implied, about the results in connection with the rendering of the Services or use of its proprietary products (i.e., ice melt, fertilizer, or pesticide products).8.2. Customer understands and agrees that Contractor is not liable or in any way responsible for any action or nonaction taken by Customer or third parties related to the Property, including but not limited to Customer’s failure to follow any special instructions provided by Contractor, Customer’s application of any third-party products on the Property, the work of a third party affecting the Property, or any equipment, vehicles, structures, plants, trees, or other items kept on or nearthe Property.8.3. Customer understands and agrees that Contractor is not responsible for maintaining the safety or fitness of Customer’s Property, including any security gates, pool enclosures, or sidewalks for Customer or third parties.8.4. Customer agrees to indemnify, save, and hold harmless Contractor, including Contractor’s owner, agents, and employees, from any and all damages, liabilities, costs, losses, or expenses (including attorneys’ fees) arising out of any claim, demand, or action related to this Agreement, Contractor’s provision of the Services, Contractor’s use of its proprietary products (i.e., ice melt, fertilizer, or pesticide products), or Customer’s responsibilities or obligations, representations, or warranties under this Agreement.8.5. THE SERVICES ARE SOLD “AS IS.” THE MAXIMUM LIABILITY OF CONTRACTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES (“CONTRACTOR PARTIES”), TO CUSTOMER FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CUSTOMER’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF CONTRACTOR FOR THE SERVICES RENDERED TO CUSTOMER HEREUNDER. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY LOST DATA ORCONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BYCONTRACTOR, EVEN IF CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. GENERAL9.1. Contractor shall not be deemed in breach of this Agreement if Contractor is unable to complete the Services or any portion thereof by reason of fire, natural disaster, weather, death, illness or incapacity of Contractor (including illness orincapacity due to COVID-19 or other pandemic-related virus or disease), pandemic (including the COVID-19 pandemic), labor shortage, or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond Contractor’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Contractor shall give notice to Customer of its inability to perform or of delay in providing the Services.9.2. The formation, construction, performance, and enforcement of this Agreement shall be in accordance with the laws of the state of Wisconsin. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve anydispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence litigation in the state of Wisconsin. The prevailing party in any dispute resolved through litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to jurisdiction ofWaukesha County, Wisconsin. The parties hereby waive any jurisdictional or venue defenses available to them.9.3. Contractor is an independent contractor, not an employee of Customer or any entity affiliated with Customer. Contractor shall provide the Services under the general direction of Customer, but Contractor shall determine, in Contractor’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.9.4. The numbering and captions of the various sections are for convenience and reference only and shall not affect the scope, meaning, or intent of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.9.5. This Agreement comprises the entire understanding of the parties on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings, and discussions between the partiesrelating to the subject matter of this Agreement.9.6. This Agreement may be modified by mutual agreement of the parties. Any modification of this Agreement must be in writing. Failure by either party to enforce any right or to seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.9.7. All notices to be given to Contractor related to this Agreement shall be transmitted to Contractor by using the Contact Information listed above. All notices to be given to Customer related to this Agreement shall be transmitted to Customer’scontact information listed above unless notification of change of address is given in writing. Notice shall be effective upon sending.9.8. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement, except to the extent that Customer may transfer any unused Advanced Fee to a third party. Neither party may permit theAgreement to be transferred, assigned, or encumbered by operation of law or otherwise, without the prior written consent of the other party.9.9. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable (including pursuant toWis. Stat. § 134.49), the remainder of this Agreement shall nevertheless remain in full force and effect and the invalidor unenforceable provision shall be replaced by a valid or enforceable provision.
WHEREFORE, by their execution, the parties hereto have agreed to all the terms and conditions of this Agreement effective as of the Effective Date, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all the terms and conditions herein.
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