Myles Truax Landscaping Service Agreement

Terms  &  Conditions

Effective: 1/1/2024

1.  Myles Truax Landscaping's Intellectual Property

Myles Truax Landscaping strongly enforces its intellectual property rights in its entirety to the full extent of the law. All sound, text, images, logos, photos, custom icons and graphics, button icons, compilation or collection and assembly thereof, and the overall “look and feel” and distinctiveness of the site is the property of Myles Truax Landscaping.  Any absence on this site of our logo(s) or name does not constitute a waiver of Myles Truax Landscaping's trademark or any other intellectual property rights relating to such logo or name.  All other goods names, company names, logos, symbols or imagery appearing on the site are the trademarks and property of the respective owner.  By agreeing to these Terms and Conditions, you acknowledge and fully comprehend that any information or services available on the site are protected by copyrights and trademarks, trade secrets, business operations and other proprietary rights and laws and are owned or licensed by Myles Truax Landscaping. Except as expressly authorized by Myles Truax Landscaping, you agree not to sell, license, rent, modify, distribute, copy, reproduce, publicly display, publicly perform, publish, adapt, edit, or create any derivative works from the site's information or services. You may print or download information on products and/or services from the site for your own personal, non-commercial home use, provided that you keep intact all copyright notices.  Systematic retrieval of information and/or services from the site to create a collection, database, or directory without written permission from Myles Truax Landscaping is strictly prohibited.

2.  General Provisions

Myles Truax Landscaping reserves the right to modify, change, cancel or discontinue any functions or components of the site, and furthermore discontinue the site entirely at their discretion without any notice.  Any promotions, discounts, special offers or other offerings on the site could be discontinued at any time by Myles Truax Landscaping without any notice.  You understand that Myles Truax Landscaping's services are tailored to each client, therefore your personalized final balance(s) will be communicated to you in writing, or verbally when you agree to purchase Myles Truax Landscaping's service(s).

3.  Payments
 

You may submit payments to Myles Truax Landscaping via the directions on your agreement.  You agree and fully comprehend that electronic or verbal acceptance of Myles Truax Landscaping services by you, under these Terms and Conditions of this Service Agreement, is as binding as a signature. It is your responsibility to read, understand, and agree fully to the Terms and Conditions of this Service Agreement.  For information regarding payments and their due dates, processing of payments is made by cheque, bank transfer to the business phone number on the site, or cash.  Please see the physical copy of your agreement provided by Myles Truax Landscaping for all payment information.
 

4.  Penalties
 

Pre-Payment Agreement: After Prepaying for your Myles Truax Landscaping services, you acknowledge and agree that a depletion of your prepayment, or failure to make instalments of funds is NOT an automatic cancellation of your agreement(s) with Myles Truax Landscaping.  Services can be paused or resumed by Myles Truax Landscaping at their discretion after your prepayment funds are depleted, missed or late, UNLESS you contact Myles Truax Landscaping to cancel and/or terminate your account(s), contract(s) or agreement(s).  If you fail to make a payment, or choose to cancel Myles Truax Landscaping services at any time during the Myles Truax Landscaping service season (April, 15 - November, 15), for any reason whatsoever, a penalty fee will be enforced for 20% of the sub total of the cancelled payment(s) and/or cancelled service(s).  In addition to the 20% penalty, a 25$ administration charge will be in affect.  Also, if a cheque payment 'bounces' or is cancelled for any reason whatsoever, a 40$ fee from Myles Truax Landscaping will be invoiced to you, along with a 25$ administration charge.  Pre-paid Lawn Treatment Services provided by Myles Truax Landscaping can not be credited, stacked, doubled-up or 'banked' due to any other service provider (either unexpectedly, against your will, or for any other reason or misunderstanding) providing Lawn Treatment Services on your property.

In the event that any Myles Truax Landscaping service is either momentarily or periodically paused and then resumed due to a late or lack of payment(s) during any period throughout the Myles Truax Landscaping service season (April, 15 - November, 15), your late payment(s) will be made in full as it/they appear on the written agreement without any credit for the service(s) that were paused, skipped or removed from the schedule for any reason whatsoever.  Late Payments:  All late payments are subject to monthly finance charges in the amount of 5% (60% per annum) or a minimum of $50, whichever is greater.

You agree and fully comprehend that Myles Truax Landscaping can cancel, pause, stop, or terminate any or all service(s), account(s), contract(s), relationship(s) or agreement(s) at their discretion due to, but not limited to, rudeness in any from from the client, on-going / routine or repetitive phone calls from the client no matter what the subject matter, any negative, insulting language whether it be , obscene, defamatory, profane, unlawful or threatening in verbal or written form, in post on this site, or the internet in it's entirety in any form of communication.

5.  Client Obligations 

All clients of Myles Truax Landscaping agree to give the service provider free access to their property covered by the service(s).  Myles Truax Landscaping will not perform any services to any areas they feel are not safely and/or easily accessible in a timely fashion, at their discretion, or that they may believe to be a danger to the welfare or safety of the service provider, their equipment, pets and/or occupants on the property.  Myles Truax Landscaping services: Any areas the service provider may feel are non-accessible for any reason(s) out of their control will be omitted and serviced the following visit scheduled on your agreement, providing the non-accessible area(s) can then be accessed both safely and in a timely fashion.  You agree and understand that any service(s) that may be omitted due to non-accessibility out of the service provider's control will not in any way whatsoever be credited, refunded, added to, stacked, compounded, or 'doubled-up' on another service visit.  

Regarding any services provided by Myles Truax Landscaping,  the client has the obligation to ensure the property is free, safe and clear of obstacles in order for services to be completed correctly and fully.  If a fixed structure, or piece of furniture is present,  Myles Truax Landscaping will carefully and cautiously service up to these area(s).  Example: If a lawn area includes a table with chairs, the service provider will manually move the chairs to service the area correctly and fully, then immediately return the chairs to the position(s) they were found in when the service provider arrived on the property. 

You understands and agree that Myles Truax Landscaping will not service any area(s) they feel may be blocked off, barricaded, difficult to access, absorbed, or pre-occupied by the obstacles that follow in this section of the Service Agreement that Myles Truax Landscaping is not liable or responsible for in case any damage occurs, whatsoever.  These obstacles are including, but not limited to, pet or children's toys, stuck or sticky sprinkler heads that haven't returned to their correct in-ground position, wet areas containing water or puddling that may cause machinery to leave mud tracks or divots in the lawn, fallen or broken trees and/or branches, chainsaw dust, sand, dirt, gravel, stones, rocks, hoses, ropes, loose string, extension chords, power chords, visually-unclear pickets, stakes or markers, pet leashes, dishes, bottles, cutlery, eye glasses, bags or bins of  garbage and/or recycling, wheel barrows, wheelchairs, bicycles, motorcycles, ATV's, sea-doo's, ski-doo's, jet ski's, trailers, land vehicles, boats, boat trailers, all tires, wheels, mag wheels, construction and/or home renovation materials or tools, other contractor's vehicles and/or trailers and any of their belongings, lawn and gardening tools, 'loose' or unplanted flowers or plants, areas containing any snow or ice whatsoever, outdoor cooking equipment, portable swimming pools, portable nets for sports, screws or nails, glass or broken glass.

You understand and agree that you are fully responsible for correct watering and lighting of your turf grasses.  Myles Truax Landscaping is not liable, nor responsible for any damage to a lawn caused by lack of or incorrect watering, or lack of or incorrect sun light.  Furthermore, it is the clients responsibility to be educated and up to-date with any lawn watering bans or restrictions their municipality may enforce.


6.  Execution of Services

Due to, but not limited to, scheduling, unpredictable snow or rainy weather conditions, operation efficiency, turf health and/or condition(s) and/or difficulty level(s), time of season, Myles Truax Landscaping chooses what times and days of the week your property will be serviced.  Regarding Lawn Mowing Service, the client is scheduled to receive this service on the same day of the week (For example, every Thursday), every week throughout the lawn mowing period (May, 7- October, 15).  If your property receives some rain, Myles Truax Landscaping most likely, and may still service your lawn on your regular scheduled day, depending on, and not limited to, scheduling, additional or unpredictable snow or rainy weather conditions, operation efficiency, turf condition(s), time of day and season.  If your lawn receives a larger quantity of water from excessive rain on your scheduled mowing day, i.e. Thursdays, or for any other reason at the service provider's descresion, your lawn may be serviced the following day, i.e. Friday.  

Myles Truax Landscaping schedules lawn mowing services exclusively during the first four (4) days of the week, every week, without any schedule modifications whatsoever, throughout the Myles Truax Landscaping lawn mowing period (May, 7- October, 15).  With Myles Truax Landscaping's modern weather forecasting analysis tools/radar to predict weather- but still without exacting guaranties of the weather conditions your property could experience, it still remains extremely rare that we service your lawn the day after your regular scheduled mowing day.  With this strict attention to detail, even excessive rain conditions have never caused Myles Truax Landscaping to miss or cancel a single weekly service, ever, since their beginnings.

Regarding mowing service: Myles Truax Landscaping reserves the right to choose what height they mow your lawn at.  Because the condition(s) and overall health of each lawn varies, it will be mowed and/or treated by the service provider according to, but not limited to, time of season the service(s) is being carried out, lawn type, overall lawn health, moisture content of the lawn, lawn irrigation schedules, fluctuating weather conditions, turf condition(s), operation efficiency and property difficulty levels.  Regarding all Myles Truax Landscaping services:  Myles Truax Landscaping reserves the right to omit servicing any area(s) of the lawn that they believe may be drought affected or 'burnt', in order to not initiate additional damage to your lawn.  You understand that Myles Truax Landscaping is not liable for any drought affected or 'burnt' areas of lawn(s), nor liable for any damage to any obstacle(s) mentioned in section five (5) of this Service Agreement.  Myles Truax Landscaping is not liable nor responsible for any damage to any lawn whatsoever.  Furthermore, you fully understand that you are responsible for the lighting and watering your lawn requires.

7.  Contact

Myles Truax Landscaping continues to pride themselves on 100% stellar communication skills.  You agree that you will not post on this site, nor the internet in it's entirety to transmit, in any form of communication, any obscene, profane, pornographic, defamatory, unlawful or threatening material that could encourage conduct that could be a criminal offense, violation, over-step, or breach of any law(s) or regulation(s).

New potential clients may contact Myles Truax Landscaping either by phone call, or through this site.  FOR EXSISTING & RETURNING CLIENTS: Myles Truax Landscaping is reachable exclusively by phone call.  Payment information is included on your written agreement provided by Myles Truax Landscaping and payment must be made before any service begins.  You understand that Myles Truax Landscaping does not accept, read or reply to cellular telephone text messaging.  For immediate contact, Myles Truax Landscaping is reachable by phone call.  Any e-mail(s) you may receive from Myles Truax Landscaping are from a no-reply email address.  E-mails are exclusively sent to existing clients who request pre-service notifications for lawn treatments, so they are able to have the property clear of obstacles and presentable for service as described in section four (4) of this Service Agreement, and these e-mails are non-reply.  E-mails sent by you to a Myles Truax Landscaping no-reply address will not be received, read or responded to. 

Myles Truax Landscaping assumes absolutely no liability or responsibility which may arise from the content mentioned in this section of the Service Agreement, including but not limited to, claims for defamation, obscenity, pornography, profanity, threats, or any misrepresentation whatsoever.  Any misadventure or intentional negatively in any form by you will be subject to review and removal, and will not be pursued and/or treated confidential or proprietary to you.

8.  Entire Agreement

All Terms & Conditions of this Service Agreement constitute and represent the entire agreement(s) between you and Myles Truax Landscaping.  Relating to the subject matter in it's entirety of these Terms & Conditions, this Service Agreement supersedes any and all prior understandings, including any prior communications between you and Myles Truax Landscaping, whether electronic, oral or written.  This Service Agreement is due to change at any time, without notice.