Automatically Renewing Maintenance Services Terms and Conditions (Last updated 1/15/2023)
This agreement is between West County Landscaping LLC, DBA West County Landscaping and/or WCL Nursery Center, and their agents (Contractor) and the property owner or other responsible party (Client) as outlined in the service proposal. The Contractor’s proposal includes discounts for selection of multiple services. Selection of less than all quoted services may result in a rate increase for the selected services. You may elect to pre-pay for services, annually before March 15th of each year, to receive a 5% discount on all pre-paid services. See Prepayment Discount Terms and Conditions section below for details.
Hourly Services: Some services may be quoted at an hourly rate. These services are billed per person per hour and have a one hour minimum charge unless specified otherwise. You may be responsible for fees in addition to the hourly rate. Disposal of materials including, but not limited to, leaves, sticks, shrub clippings, weeds, old mulch, and trash may be performed at the crew’s discretion or when required to perform the contracted work. Disposal of such debris may be billed in addition to the quoted rates. When products are used to perform the quoted services these products will be billed to you in addition to the quoted hourly fee. You acceptance of these services indicates your acceptance of these potential additional fees.
Scope of Work & Additional Fees: Services listed on the proposal assume the property is in a well maintained condition. Most proposals are based on publicly available property measurements and no site visit is performed. We are unable to verify the condition of your property when preparing our proposal. Service required to restore the property to a well maintained condition is considered beyond the scope of the proposal and will be performed by the Contractor and billed to the Client. For example, there may be additional charges for 1) mowing of grass taller than eight inches, 2) controlling excessive weed growth as part of a fertilizer package, 3) removing excessive mulch that is causing damage to plants or structures 4) removal of dead plant debris or fallen limbs 5) repairs to an irrigation system to restore proper operation, 6) excessive dog waste. These are intended as merely examples and are not an all inclusive list. This proposal does not include any unforeseen complications, delays or changes. The location of subsurface utilities is not known at this time. Complications and delays related to the location of utilities and other subsurface improvements (unless specifically stated) are not included in this proposal and may result in additional charges. Services performed are expressions of our best professional judgment but are not guarantees unless specifically stated.
Change Orders: If a Client requests to have work performed which is beyond the scope of the original agreement the Contractor may elect to perform this work for the Client. This work will be billed at up to $140 per person per hour plus products or disposal as outlined above unless a written Change Order is accepted. In some cases the Contractor may elect to perform requested services without a written change order to reduce the Client’s costs associated with additional mobilization of resources.
Standards of Care: The Contractor will schedule completion of contracted work according to industry standards. Weather and other factors will result in changes to the work schedule. The Contractor accepts no liability for damages or inconvenience resulting from service delays. The Contractor accepts no liability for damages, errors, or omissions greater than the value of the contracted service when reasonable precautions are used per industry standards.
Renewals & Rate Inflation: For your convenience your agreement will automatically renew annually on February 1st unless either party provides notice to the other of its intent to terminate as outlined in the Termination section. All rates may be subject to an automatic annual rate increase of up to 5%, effective February 1st of each year, without notice. Prices are subject to additional changes with 30 day written notice. Selection of less than all proposed items/services may result in rate increases for remaining items.
Termination: Either party may terminate this agreement, by written notice to the other, with at least 30 calendar days notice. If Client terminates the agreement the Contractor reserves the right to recover from the Client costs for services provided and costs incurred for services not yet provided prior to the termination date. Termination of the agreement shall not affect the obligation of Client to pay Contractor all amounts owing or to become owing as a result of services delivered on or before the date of such termination. West County Landscaping LLC reserves the right to refuse any contract received.
Changes to Terms: Contractor reserves the right to update these terms and conditions at any time. All changes will be available at www.westcountylandscaping.com at least 30 days prior to their effective date. By continuing to use services provided by Contractor you accept updates to these terms and conditions.
Payment Terms: We will bill you on a regular basis, normally each month. Payment is typically due within 15 days of the invoice date and will be indicated accordingly on the invoice. If payment is not received by the due date services may be interrupted. Any balance more than 5 days past due may be automatically charged to a credit card on file. There is no late payment penalty, however, a late payment fee may be charged to cover the costs of managing and collecting past due accounts. The Contractor will typically apply payments to oldest open invoices first, however, may apply payments to any open invoice at their discretion.
Returned/NSF Checks or Credit Card Charge Backs: If a Client payment is returned or charged back (returned) for any reason, the Client will pay a per instance minimum charge of $35.00 (to cover our costs of investigating and processing the matter) up to actual costs. If a payment is returned, then, for the purposes of calculating late charges or events of default, it will be as if the payment represented by the check had never been made. Additionally, finance charges up to legal maximum may accrue on the account. Attorney fees, collection fees, and other reasonable costs may continue to accrue until payment is received. Payment can be made by check or online bill payment to West County Landscaping and mailed to 224 Benton St. Valley Park, MO 63088, by credit card. For the safety of our staff we are unable to accept cash payment. A service fee up to 3.5% may be assessed on any credit card transaction, at the sole discretion of the Contractor. Any credit card information provided to the Contractor will be securely stored by a third party processor. The Contractor meets the Payment Card Industry Data Security Standard and assumes no liability for breaches in security.
Prepayment Discount: West County Landscaping offers an effective 5% discount on qualifying recurring maintenance services when prepaid by March 15th of each season. When you make a payment for 95% of the estimated annual total cost we will issue you a credit for the remaining 5%. This discount is only available when the 95% prepayment is made by check to West County Landscaping before March 15th of each year. We are unable to accept cash, credit card, or other forms of payment for this discount opportunity. The payment is first applied to any outstanding balance due. Any portion of the payment exceeding the balance due will be considered the prepayment amount. Contractor will divide the prepayment amount by 0.95 then subtract the prepayment amount to determine the amount of the 5% prepayment credit. The prepayment and the prepayment credit will be applied to the account as a credit balance. Services will be invoiced throughout the service season. The credit balance will be applied to invoices upon exhaustion of the prepayment. Estimated prepay amounts are prepared based on the anticipated cost of contracted services to be performed throughout the season. Contractor offers no guarantee that the total for services performed will equal the estimated amount. Any changes to the anticipated services may result in a credit remaining on your account or a balance due. The Client will be notified of the account balance on regular invoices throughout the service season. There is no discount offered for services that are not paid by the initial account credit or for services that are added throughout the service season. At the conclusion of the service season any remaining credit balance will be automatically applied toward future services. The Client may request a refund of any remaining credit after all services have been invoiced for the service season. Upon request, Contractor will refund the 95% prepayment portion of the remaining credit by check within 30 business days. Your prepayment indicates your acceptance of these terms.
Auto Pay: The Client may choose to enroll in automatic monthly payments with Contractor. You will be invoiced each month for services provided. Your card will be charged for the balance due on the due date of the invoice. If the due date falls on a weekend or holiday then the payment will be processed the following business day. If you choose to enroll electronically, please allow up to 5 business days for our office to finalize your request. The Contractor reserves the right to charge any past due invoices to your credit card in addition to the automatic monthly payments. Client is responsible for providing updated credit card information in the event that their credit card expires, is compromised, or otherwise is unable to be used. Client must notify Contractor at least five days prior to any scheduled payment if they wish to stop automatic monthly payments.
Disputes: We look forward to a mutually productive relationship with you. If, however, you become dissatisfied for any reason with the fees charged or the services we have performed, we encourage you to bring that to our attention immediately. In particular we expect you to raise any disagreements about the amount of our fees or the services for which you have been billed within the first 30 days after a bill has been sent to you. We believe that most disputes between Client and Contractor can be resolved by good faith discussion between the parties and we therefore encourage you to bring such to our attention as promptly as possible.
Severability: This agreement is severable. If any provisions of this agreement are found to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement.