Evergreen Lawn and Tree LLC Terms and Conditions:

By requesting services, either verbally or in writing, you agree to the following terms and conditions. In addition, by requesting and approving services to be performed you agree to be subject to any guidelines listed on invoices and/or quotes. All guidelines are hereby incorporated by reference into these terms and conditions.

Price Quotes:

All quoted prices are valid for 30 days from the date of the estimate. Pricing for ongoing services is guaranteed for the current season (January through December) only and is subject to review and adjustment on an annual basis. Customers will be notified of any price changes in writing or verbally before the commencement of services for the new season.

Quoted prices apply only to the services specified in the estimate. Additional services requested by the customer will be quoted separately and added to the invoice. Discounts or promotional offers, if applicable, will be applied directly to the invoice and are not reflected in the initial quote.

Continuing Service/Price Change:

Continuing services are automatically renewed each year unless canceled in writing by the customer. You will be notified by email or mail of any price changes before the start of services for the new year. If you do not wish to continue with the updated pricing, you must cancel the service before the renewal date.

Failure to cancel service by the specified renewal date will be considered acceptance of the new pricing, and services will continue as scheduled until further notice.

If a customer decides to cancel, written notice must be provided at least 14 days before the next scheduled service to prevent automatic renewal.

Payment Terms and Late Fees:

All payments are due within 30 days of the invoice date. A late fee of $15 will be applied to accounts overdue by 30 days, late fees will be added to the overdue invoice. Accounts that remain unpaid for 45 days will result in the suspension of services until the outstanding balance, including late fees, is paid in full.

If payment is not received within 90 days, the account may be sent to collections. Customers will be responsible for any additional fees or expenses incurred during the collection process. Evergreen Lawn and Tree LLC reserves the right to discontinue service permanently for accounts with repeated late payments or unresolved balances.

Guarantee of Service:

Evergreen Lawn and Tree LLC services are guaranteed unless otherwise noted in writing. If you encounter any issues with our services, including damage, non-performance of treatments, or other concerns, you must notify Evergreen Lawn and Tree LLC within 14 days of the service date. Failure to notify us within this time frame will result in a complete and final waiver of any claims regarding the service.

If an issue is reported within 14 days and is covered by the guarantee, Evergreen Lawn and Tree LLC will provide additional service calls or treatments at no charge. Please note that failure to follow any instructions provided on invoices or other communications may invalidate the guarantee.

*Customer Cooperation Clause:
The effectiveness of certain services, including pest and fertilization treatments, is contingent on the customer’s cooperation in following care instructions and preparing the property. If the customer fails to take the required actions (e.g., watering, avoiding lawn treatments for pets), the company cannot guarantee the success of the service.

Timing of Service:

Applications are scheduled to achieve the best possible results, based on environmental conditions, insect activity, and other relevant factors. While we strive to maintain a consistent schedule, service timing may be adjusted due to weather conditions, unexpected delays, or factors outside our control.

If services are restricted to specific days, times, or conditions, the effectiveness of the application may be impacted. Additionally, timing may be affected if applications are skipped by the customer or if an account becomes overdue by 45 days or more.

As services are weather-dependent, delays may occur to ensure optimal application results. In the event of any schedule changes, we will notify you promptly and work to reschedule services at the earliest possible opportunity.

Customer Satisfaction: Evergreen Lawn and Tree LLC encourages customers to provide feedback regarding the services rendered. If you are not satisfied with our services, please contact us within 14 days of the service date to discuss any issues and potential remedies.

Rescheduling Services: 

If Evergreen Lawn and Tree LLC needs to reschedule a service, we will notify you as soon as possible and work with you to arrange an alternative date.

Customers wishing to reschedule a service must contact our office during business hours. Rescheduling is subject to availability and must be confirmed at least 24 hours prior to the scheduled service visit.

If a service is rescheduled less than 24 hours in advance, a fee of 25% of the scheduled service cost may apply. Emergency cancellations due to severe weather or other unforeseen circumstances may be exempt from this fee, provided proper documentation is provided.

Termination of Service:

This termination policy applies to all annual service contracts provided by Evergreen Lawn and Tree LLC. Clients wishing to terminate services must provide written notice at least 14 days before the desired termination date.

• Mowing Contracts: Clients terminating mowing services will be charged a fee equal to the cost of the current month’s services and the following month’s services.

• Spraying Contracts: Clients terminating spraying services will be charged a fee of $200 or 25% of the remaining contract value, whichever is greater.

All outstanding balances, including payments for services rendered up to the termination date, must be paid in full before the contract is officially terminated. Failure to settle any outstanding balances will result in the continuation of services until payment is received.

Limitation of Liability:

The customer agrees that Evergreen Lawn and Tree LLC's total liability for any claims arising from services provided under these terms and conditions, including any breach of these terms, is limited to the amount paid by the customer for those specific services. Under no circumstances shall Evergreen Lawn and Tree LLC be liable for any indirect, incidental, special, or consequential damages, including but not limited to, loss of profits or property damage, even if advised of the possibility of such damages.

*Insurance and Liability:
Evergreen Lawn and Tree LLC maintains insurance coverage to protect both our clients and our business against claims of damage or injury arising from the provision of services. However, customers agree that in the event of damage caused by the performance of services, Evergreen Lawn and Tree LLC’s liability is limited to the total amount paid for the service causing the damage, not to exceed the amount specified in the applicable insurance policy.

Force Majeure:
Evergreen Lawn and Tree LLC shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including, but not limited to, natural disasters, pandemics, governmental restrictions, strikes, or any other force majeure events.

Special Instructions and Notifications:

At Evergreen Lawn and Tree LLC, we are committed to providing personal and professional service. You do not need to be present for your scheduled application; however, if you have any special instructions or requests regarding your property, please inform us in advance. We will ensure our applicators are aware of any specific requirements to better serve you.

If you wish to be notified prior to any service visits, we are happy to accommodate that request. To ensure effective communication, we require a valid, current phone number where a message can be left and/or a valid email address for pre-notification purposes.

Client Responsibility:
Clients are responsible for ensuring that their lawn is clear of toys, furniture, or any other obstacles before the scheduled service visit. If obstacles are not cleared and the service cannot be completed, the treatment may be skipped, and the client will be subject to rescheduling fees.

Pet Owner Responsibility:
Clients are responsible for ensuring that all lawn and tree care areas are free of pet waste at least 24 hours before the scheduled service visit. "Properly cleared" means the complete removal of all visible pet waste from areas to be treated or maintained.

Lawn Mowing Services: If pet waste is present during a scheduled mowing visit, a $50 pet waste fee will apply along with the rescheduling fee.

Spraying Services: If pet waste or other obstacles are present upon the technician's arrival, the service may be skipped, and a rescheduling fee may be charged.

Ongoing Non-Compliance: Failure to clear pet waste or obstacles on multiple occasions may result in suspension or cancellation of services at the discretion of Evergreen Lawn and Tree LLC.

Skipped services or missed treatments due to pet waste or obstacles may also incur a $50 pet waste fee, at the company’s discretion.

Modification:

Evergreen Lawn and Tree LLC reserves the right to revise these terms and conditions at any time. Customers will be notified of any revisions at least two weeks in advance via mail or email. Continued use of our services following the notice of revisions constitutes your acceptance of the updated terms and conditions.

Privacy Policy:
Evergreen Lawn and Tree LLC collects both public and non-public personal information from our customers to provide and manage services. Most of the information we collect is public, but in certain cases, we may collect non-public information. This information is used solely for internal purposes to manage customer accounts and deliver services. We will not share non-public personal information with any third party, except as required by law.

We are required by law to share certain personal information with government agencies, such as the Idaho State Department of Agriculture, for regulatory purposes. Additionally, there may be exceptional situations where we need to share information with third parties, including records, for legal or business reasons.

*Social Media Stipulation:
By agreeing to these Terms and Conditions, you consent to the use of photographs and videos taken of your property to be used in Evergreen Lawn and Tree LLC’s social media and website content. If you do not wish for such content to be used, you may opt out by notifying us in writing.

Third-Party Contractors:
Evergreen Lawn and Tree LLC reserves the right to subcontract any portion of the services to third-party contractors as deemed necessary. Any subcontractors engaged by Evergreen Lawn and Tree LLC will be subject to the same terms and conditions outlined in this agreement.

Non-Solicitation/Non-Compete:

For a period of one year following the termination of services, clients agree not to directly hire or solicit Evergreen Lawn and Tree LLC’s employees or subcontractors for similar services.

Severability:
If any provision of this agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

Dispute Resolution:
Any disputes arising out of or relating to this agreement that cannot be resolved informally will first be subject to mediation, at the cost of the party initiating the dispute. If mediation does not resolve the dispute, the parties agree to submit the matter to binding arbitration, in accordance with the rules of the American Arbitration Association. The location of arbitration shall be in Idaho, and the arbitration decision will be final and binding

Governing Law:

This agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of Idaho. By agreeing to these terms and conditions, you consent to the exclusive jurisdiction and venue of the federal and state courts located in Idaho, for any disputes arising out of or relating to this agreement.