Conditions Of Service Snow Removal

1. DEFINITIONS
1.1.        Account on File means the bank account or credit or debit card provided by Customer to Contractor to pay the Fee (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: hello@begreen.pro;
1.4.2.    Calling Contractor at: 262-361-4034; or
1.4.3.    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.        Fee shall mean the fee paid by Customer for the Services.
1.7.        Property means the property or properties listed in the Service Proposal.
1.8.        Service Proposal means the document emailed to Customer detailing the estimate for Contractor’s provision of the Services.
1.9.        Service means a single visit by Contractor to a Property or one of the Properties to provide the Services.
1.10.     Services means all snow removal services to be provided to Customer by Contractor as described in this Agreement.
2. DESCRIPTION OF SERVICES
2.1.        Contractor will furnish Customer with snow removal services (the “Services”) for the Property listed in the Service Proposal.
2.2.        Such Services shall include removal of snow from the Property’s driveway, sidewalk, and either the:
2.2.1.    Walkway to the street-facing entrance to the house; or
2.2.2.    Walkway to the back entrance of the house if there is not a street-facing entrance to the Property.
2.3.        If the Service Proposal explicitly identifies additional surfaces for snow removal not listed in paragraph 2.2, Contractor agrees to provide Services for the surfaces listed thereon.
2.4.        Contractor may agree to provide Services for surfaces not listed in paragraph 2.2 or in the Service Proposal in Contractor’s sole discretion, which shall be confirmed in writing by Contractor.
2.5.        While providing the Services, Contractor may apply Contractor’s proprietary “Be Green Snow Pro” zero-chloride extended duration ice melt and use specialty equipment to perform the Services, in the Contractor’s sole discretion.
2.6.        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 all such photographs are retained and stored in Contractor’s third-party software.
2.7.        Contractor will undertake reasonable efforts to perform the Services within 30 hours of snowfall completion based on local radar reports. If an extreme weather event, including snowfall totals of eight (8) inches or more, impacts Contractor’s ability to adhere to the 30-hour timeframe, Contractor will notify Customer via the email address provided by Customer.
2.8.        Customer may cancel or postpone an upcoming Service at no additional charge if Customer provides 14 days advance notice. 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 Service Fee. If Contractor can honor a cancellation request received with less than 14 days advance notice, Customer shall incur a $50.00 cancellation fee.
2.9.        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
3. FEES
3.1.        In consideration of Contractor furnishing the Services pursuant to these terms, Customer will pay Contractor the “Fees” as follows:
3.1.1.    For weather events where snow accumulation totals less than six (6) inches, Customer shall pay for the Services at the rate identified in Customer’s Service Proposal.
3.1.2.    For weather events where snow accumulation totals six inches or more, Customer shall pay $109/hour for Contractor’s time spent providing the Services, including travel time.
3.2.        Contractor may increase 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 Fee increase shall be sent to Customer at the email address below.
4. PAYMENT AND REFUNDS
4.1.        Customer shall pay for the Services as follows:
4.1.1.    Customer shall pay a $500 advanced fee for the Services upon execution of this Contract, which Contractor will bill against on a per-Service basis (an “Advanced Fee”); or
4.1.2.    Customer’s bank account or card on file (“Account on File”) shall be billed prior to Contractor providing a Service for the Property (“Time of Service Fee”).
4.2.        If Customer chooses a Time of Service Fee, Customer agrees to provide an Account on File upon the signing of this Agreement to be kept on file with Contractor’s billing management system. Customer understands that Contractor cannot access the complete account information for any Account on File. Customer expressly consents to Contractor charging all Fees under this Agreement to Client’s Account on File.
4.3.        If Customer chooses the Advanced Fee payment method and the Advanced Fee is depleted during this Agreement’s Term, Customer shall pay an additional $500 Advanced Fee before receiving additional Services.
4.4.        Contractor reserves the right to charge Customer a late fee for Fees not paid within thirty (30) days of due date.
4.5.        All payments, including Advanced 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.
4.6.        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 AND TERMINATION
5.1.        This Agreement shall commence upon the date this Agreement is executed by Customer (the “Effective Date”) by either accepting these terms or paying the Advanced Fee or first Time of Service Fee, whichever is earlier. This Agreement shall remain effective until April 15, 2022.
5.2.        This Agreement may be terminated by the mutual agreement of the parties, or if any party:
5.2.1.    Becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
5.2.2.    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.
5.3.        Contractor may terminate this Agreement immediately if:
5.3.1.    Contractor’s employees or agents feel threatened, harassed, or otherwise uncomfortable when performing the Services; or
5.3.2.    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.
5.4.        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 RESPONSIBILITIES
6.1.        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.
 
6.2.        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, or toys. If Customer fails to remove any such impediments, Contractor will remove snow up to and around the obstacle (e.g., a parked car), 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.
6.3.        Customer shall be responsible for closing and securing any gates or fences that Contractor may open while providing the Services.
6.4.        Customer shall timely communicate with Contractor regarding specific snow removal needs or concerns related to the Property. Customer may submit any such needs or concerns by contacting Contractor via the Contact Information listed above 24 hours prior to any Service.
6.5.        Customer shall notify Contractor within 24 hours of receiving 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 REPRESENTATIONS
7.1.        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 Customer Responsibilities.
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 (E.G., “BE GREEN SNOW PRO”) 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 LIABILITY
8.1.        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 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 near the Property.
8.3.        Customer understands and agrees that Contractor is not responsible for maintaining the safety of Customer’s Property, including any 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 ice melt, 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 OR CONTENT, 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 BY CONTRACTOR, EVEN IF CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. GENERAL
9.1.        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 (including blizzard), death, illness or incapacity of Contractor (including illness or incapacity 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 any dispute 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 of Waukesha 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 parties relating 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’s contact 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 the Agreement 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, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or 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.