Terms of Service

Terms of Service

Update September 2016

The “Terms of Service” document is incorporated by reference into each and every agreement HomecliQ, LLC (DBA: Washington Lawns) enters into with their clients, starting on September 1st, 2016.

Company/Contractor Info: HomecliQ, LLC (dba. Washington Lawns)

UBI# 604-037-973

Contractor # HOMECL*846PU

Mailing Address: 8825 34th Ave NE #L-384 Marysville, WA 98271

Phone: 425-248-1111

Email: accounts@washingtonlawns.com

The Following Maintenance Details applies only to client’s who purchase these services specifically outlined in their currently active Land Care Plan (LCP). If the client has NOT purchased the service and remains current with billing, the company WILL NOT provide any service to the client.

 

Lawn Care

Mow/Edge/Blow Lawn(s)

Frequency Options

Bi-WEEKLY

Every 13-16 days, weather dependent.
Service Window: March 1st – November 15th

# Visits per year: 19 – 21 per year, depending on weather and local growth conditions.

WEEKLY

Every 6-8 days, weather dependent.
Service Window: March 1st – November 15th

# Visits per year: 32 – 36 visits a year, depending on weather and local growth conditions.

 

Mowing Service

Grass height will vary throughout the year based on seasonal temperatures. The range of height will be maintained at equal to or less than 3” in warmer seasons and more than 1.5” in the cooler seasons.

Mowers will be kept sharp and in clean sound working order to ensure high quality cuts and to lower the chance (not eliminate) diseases traveling from one lawn area to another.

All mowing debris will be disposed of properly on site in client designated area(s).

DISPOSAL METHODS

Mulch Mowing Method

An area may be designated as mulch mowed, and in cases where this is the designation, will be mowed and the finely cut grass blade debris will be left on the lawn areas. Clumps will be blown from the lawn area as needed so as not to kill the lawn areas.

Rough Mowing Method

An area may be designated as rough mowed, and in these cases the lawn is to be very roughly mowed, grass clippings left where they are discharge, no blowing of clumps/debris in this area will happen, and no line trimming.

Clean Mowing Method

An area may be designated as clean mowed, and in these cases the lawn area’s grass is to be collected in a bag. An area may require either one of the previous two (2) methods (mulch/rough) prior to getting to a clean mow state, depending on length & moisture factors. Technicians are to make this determination at time of site visit.

DEBRIS Collection/Disposal

When a collection site is not available on site, company will provide a separate proposal that includes hauling & recycling or disposing of vegetative debris.

Line Trimming of Grass Areas

This service will be provided each mowing visit on a zone by zone basis. Trimming will be done around trees and fences as well as for walks, patios, drives and garden edges where accessible. This includes cleanup of debris from service.

All the grass areas that are unable to be mowed will be trimmed with a line trimmer at optimum heights throughout the year, as drainage & access allows.

Blowing Service

Stray clippings & other vegetative debris will be blown from walks and drives after each service. Company will do it’s best to limit dust, but guarantees nothing in this regard due to the inability to control wind from blowing around us in unforeseen directions.

Organic-Based Fertilization

Fertilize lawn areas 4x per year with an organic-based fertilizer.

 

Lime Application

Lime is used to restore the pH balance to the soil, to create an environment where grass growth is encouraged.  A soil test is required to ascertain whether or not lime is needed on your property.

Lime is applied to the lawn areas only as needed, once a soil test has determined the need for it. Testing is an additional cost to the client separate from this agreement, and a proposal will be provided if it’s determined testing is needed on site to provide the most accurate solution to meet the client’s needs.

 

Ferrous Application

Ferrous sulfate is a great element for moss control in the Pacific Northwest.  Ferrous sulfate should be applied to lawn areas in the early growth season.  Typically these periods are sometime between March-April, & September-October.  Ferrous is only applied to a property as needed up to two times per year, depending on the approved amount on agreement.

 

Aeration/Seeding

Aeration service is provided to a client’s lawn for various reasons.  One reason is due to compaction of the lawn.  Aeration punches holes in your lawn to provide better drainage, oxygenation, and nutrient uptake to the root systems.  Another reason for aeration is due to the lawn having such a thick root system.  Aeration is a great way to free up these root systems to get more water/air/nutrients.  When aeration is performed, its best to apply seed & fertilizer to the lawn.  Aeration and seeding is typically performed in early growth seasons between March-April & September-October.  This service is typically done once per year on each lawn area.

 

Weeds in Lawns

Treating weeds in lawn areas is a very specialized task. For this reason, we DO NOT include weeding lawn areas in our yearly land care packages due to the extreme amount of labor involved to build into a normal maintenance package. We do provide lawn weed control spray upon request, but keep in mind it is not organic and can leave the grass directly around the lawn weeds brown or yellow after application. We DO NOT provide lawn weed-n-feed fertilizers, due to how bad they are for the environment. They contain quick release chemicals that run into the local water tables, contaminating streams and lower waterways.

 

Plant Care

Deadheading

This service is provided as needed throughout the year (if purchased)

Organic-Based Fertilization of Plant Life

This service is available to each of our clients upon request separate from maintenance. This service is considered a Project, and is bid separately from Land Care Plans (LCP’s). Fertilization of plant life should be done at least once per year, and can include Compost Installation, Mulch Installation, and Compost Tea Sprays.

Cut back perennials & grasses

This service is provided March – May and/or October – December (if purchased)

Pruning (under 12’ tall)

Deciduous Trees

Deciduous Trees are typically pruned June-July & October-December depending on Project Manager’s discretion.

Coniferous (needle leaf) Evergreen Trees

Coniferous Evergreens are typically (not always) be pruned for access anytime during the year.

Broadleaf Evergreen Trees

Broadleaf Evergreens are typically pruned sometime between December – June

Spring Flowering Shrubs – Hedging

Spring Flowering Shrubs are typically hedged sometime between August – October

Summer Flowering Shrubs – Hedging

Summer Flowering Shrubs are typically hedged sometime between September – February

Fruit Trees

Fruit Trees are typically pruned sometime between November – March. Suckers are typically pruned off of fruit trees between June – July.

Bed Care

Weeding

This service will be provided in client designated garden beds. Tasks will include weeding on a zone by zone basis (not necessarily ALL areas EVERY visit), including litter pick (disposed in client’s own trash receptacle). Crews will ‘blind weed’ beds occasionally, stirring the ground to prevent weed seed germination.

Mulch/Bark Application

mulch & bark applications help to reduce the cost of weed control & plant fertilizations and should be refreshed every 1-2 years at the least to REDUCE the cost of maintenance over time.

Weed Control

This service provided every 90 days. Company will apply a non-organic herbicide to walkways and will spot spray non-organic weed control in weather above 60 degrees and in dry weather. In areas of high sensitivity such as areas where pets and family will be frequently, the company will NOT provide this service to those areas, on principle for the client’s safety.

Soil Testing

soil testing services are available in times of need to test the following:

  • nutrient content of soil
  • infiltration (drainage) of soil
  • pH balance of soil
  • insect content of soil

Leaf Service

leaf blowing/pickup services are available for entire property

Any additional leaf service needs that fall outside the normally allotted amount of maintenance time on site will be invoiced to the client at the current hourly rate for the labor of $55.00/hour + tax.

Any additional debris haul needs will be invoiced at $40.00/cubic yard hauled.

*this service is provided to clients once the MAJORITY of leaves have fallen onto the property. With intermediate visits scheduled prior for garden bed work, we will strive to remove the bulk of leaves from the lawns and beds. Debris haul options include mulching on site, or hauling all leaves. If the client’s leaf removal needs are above and beyond the bounds of the agreed to amount of time already allotted to service the client’s property in their Land Care Plan, an Additional Work Authorization (AWA) will be required before services commence.

Irrigation

Initial Assessment of System

The initial assessment starts at the Point of Connection (POC). Usually (and required by law in most applications) there is a backflow preventer installed here. We are responsible to contract for opening the water supply and checking to see if there are any leaks in the mainline. Inspect the controller and each zone for operation, leaks and breaks, proper coverage, proper installation, and need for upgrades or improvements. We then program the controller for proper operation and efficiency and set it to run or switch it off depending on the time of year. Then we present a list of items requiring attention, opportunities for improvements, recommendations, and costs as needed.

Spring Startup

Company is responsible to contract opening the water supply and checking to see if there are any leaks in the mainline. Inspect the controller and each zone for operation, leaks and breaks, proper coverage, proper installation, and need for upgrades or improvements. Check & then program the controller for proper operation and efficiency and set it to run or switch it off depending on the time of year. Company then presents a list of items requiring attention, opportunities for improvements, recommendations, and costs as needed.

 Fall blow out and shut down

The winterization process is important to protect the system from damage due to freezing. The most common way to do this is to push compresses air through the lines to force out the water. It is not always possible to get compressed air into the system, in those cases we will shut off the water supply, drain the backflow device, and open valves to allow water to drain out. If not done properly there is risk of damaging pipes and valves with too much pressure, leaving water in critical components, or sending compressed air into the potable water system creating a public health hazard.

Backflow test with certificate

The backflow device is required anytime public water is used in non-potable applications. In most irrigation systems a double check valve assembly (DCVA) is used. This prevents water exposed to chemicals, pet waste, stagnation, or other contamination from re-entering the public system. All backflow devices must be tested no less than every 12 months by Washington State law. The backflow assembly tester (BAT) must be certified by the Washington State Department of Health. The BAT will submit the test results directly to the water department providing service to client’s property.

Head replacements, other repairs, and upgrade options

Head replacements:

  • {spray heads} $35.00 + tax
  • {rotating heads} $65.00 + tax

All other repairs (non-emergency): $75.00 + tax / hour {+ materials}

Emergency Calls during Business Hours: *$120.00 + tax / hour  {+ materials}

Outside Business Hours Emergency Calls: *$165.00 + tax / hour  {+ materials}

*{1-4 hour response time for all flowing leaks, hourly rates start when contractor leaves shop}

Other important irrigation facts

Wasting water is expensive. Improving systems to eliminate waste often pay for themselves in 1 or 2 seasons.

There have been many improvements in irrigation technology in the past years, new controllers, nozzles, and sensors greatly improve efficiency saving customers money.

Rain sensors can shut off watering during rain, saving money and resources. A better choice is a system that monitors Evapotranspiration (ET), which is the measure of the amount of water removed from the soil by the plant through temperature, humidity, wind, solar radiation and plant type. A system with an ET monitor will adjust the amount of watering each day depending on the previous days ET. So it will not only save money by shutting down during rain but saves money during cloudy cool days as well.

Ask your Account Rep. for more information on these additional services.

Pet Friendly Service

This service is automatically provided as needed for any client whose pets use any company maintained area(s) for pet waste areas.

Friendly pet waste services are provided at a $15 base rate + $5/per additional pet, matching the current weekly or biweekly service schedule.  This service is NOT an optional service, since our crews must maintain that part of our client’s property each service date, and this policy limits the possibility of pet health issues being transferred from one property to the next.  Pet waste will be deposited in client’s own trash can when receptacle is full, if the trash can is accessible by the crew.  If no can is accessible, client will need to dispose of pet waste bags themselves as needed. Pet Waste Services are NOT a stand-alone service, and CANNOT be purchased separate from our other services.

*Clients will automatically be provided & invoiced for the following:

– Pet waste receptacle ($15 + tax)

– Pet waste scoop ($20 + tax)

– Pet waste bags ($6.50 + tax per box supplied)

– Pet #1 ($15.00 per service date)

– Additional pets (+$5.00 per pet)

*The reason for this service: we do not desire to transfer pet waste from one site to the next due to the possibility of health issues being transferred from property to property.

Winter Services

We have 1 option for winter services: monthly. This service includes up to one (1) labor hour of service.  Further labor available at request for additional cost.

De-Icer Applications – walks, driveways, uncovered patios

Winter Fertilization of Lawn Areas (up t0 2,000 sq ft, added cost for more sq ft)

Snow Shoveling Services – up to 1 labor hour, additional hours available at $75/hr

Leaf Blowing – up to 1 labor hour (removal invoiced at $40 per yard hauled)

The requested winter services are selected by the client in advance and must be selected at least 2 weeks prior to service dates. If a choice is not made by the client, the company will make a decision for them based on their most pressing needs at the time. If a client has not selected to have winter services performed on their property, they are still required to pay their monthly amount due each month as per their most current Land Care Plan (LCP) agreement.

 

Snow Removal Services

Planning/Retainers Due

Retainers are due for properties no later than October 31st of each year.

Retainers are only refundable if the company does not make it out to your property within 24 hours of a major storm event (more than 2” of snow in a 24 hour period). In all other cases, retainers are non-refundable.

Retainer amount is applied toward your first snow removal invoice for your property. (see prices for these services below).

Snow Removal in automatically invoiced to the client, and due within 10 business days of service rendered.

Plowing/Shoveling/De-Icer Application

Snow shoveling/blowing is invoiced at $75.00 + tax per labor hour (1 hour minimum).

Snow plowing is invoiced at $150.00 + tax per labor hour (2 hour minimum). An $75 equipment charge will be assessed for each site visit.

De-Icer is invoiced at  $50.00 (1 hour minimum) + $20.00 (+ tax) per 50 lb bag of de-icer used on site.

Snow removal for parking lots & fire lanes:  Snow will be piled into multiple piles and left on the property to melt away naturally.

Snow removal and deicing of walkways:  Snow will be piled out of the way and left on the property to melt away naturally.

Company is not responsible for any damage caused by snow removal services UNLESS client (not company) has previously marked the ENTIRE plowing area with snow stakes and provided the Company a site map detailing any and all possible obstructions to the plowing equipment.

Service Dates for Snow Services:

The agreed start date of service on site will be approximately 2-3 days from initial date of agreement/deposit. The Project Manager holds a 2 day window open on the end of these dates for snow removal to reach full completion.

Litter/Debris Removal Options

Clean green removal (grass, leaves, small clippings, etc.) invoiced at $40.00 + tax per cubic yard hauled (+labor)

Heavy green removal (sod, soil, gravel, tree limbs, etc.) invoiced at $55.00 + tax per cubic yard hauled (+labor)

Litter – Random Trash (not piles) found on maintenance sites will be thrown away in property owner’s/tenant’s trash receptacles. Upon completion of each service date, the company will remove debris from walks and driveways which were generated during the services of the property. Vegetative debris will be placed in designated mulch piles (or hauled if no piles have been designated) for natural recycling.

Full Maintenance Packages

True Weekly is 52 site visits a year.

True Biweekly is 26 visits a year.

Maintenance Pricing

At the time of publication of this version, the standard price per labor hour for residential maintenance service is set at: $55.00 + tax, and for commercial maintenance is set at $50.00 + tax. All currently estimated prices for each maintenance agreement are based off of this number. Each individual agreement will reflect their own set pricing structure, including any discounts that may apply specifically to that account. See the specific agreement for an exact cost summary breakdown for each individual account.

Landscape Design/Permitting Pricing & Ownership

At the time of publication of this version, the standard price per labor hour for all design & permitting services is set at: $125.00 + tax. All currently estimated prices for each design and/or permitting agreement are based off of this number. Each individual agreement will reflect its own set pricing structure, including any discount that may apply specifically to that account. See the specific agreement for an exact cost summary for each individual account.

A standard retainer will be collected up front for every design and permitting project. This amount varies for each project, and will be determined individually on each agreement. Upon completion of a design or permitting project, final payment is due within 14 days. Each design remains the sole property of Washington Lawns, and may be purchased from the company for an agreed upon amount.

Landscape Installation Pricing

Landscape installations vary so greatly, and the associated costs vary so much with each individual project. Washington Lawns does not offer a time and materials option for installations. Itemized bids may be purchased for an additional $85.00 per hour to produce.  Each project is estimated & invoiced individually as a flat rate bid.

Service Term Lengths

Land Care Plan (LCP) Maintenance Agreements are in effect from the date authorized by the client, and continue for a period of one calendar year (365 days) unless otherwise stated in the proposed agreement. All yearly land care agreements automatically become a month to month agreement at the end of the agreed to term (see below for details).

Design Agreements are in effect from the date authorized by the client, and continue for a period of one month (30 days) unless otherwise stated in the proposed agreement. The client may submit a thirty (30) day written notice for cancellation of these design services. Client is liable to pay for all time spent working on design, even during a cancellation period.

Permitting Agreements are in effect from the date authorized by the client, and continue for ninety (90) days, or until all permits are issued, whichever is shorter. The client may submit a thirty (30) day written notice for cancellation of these permitting services. Client is liable to pay for all time spent working on permitting, even during a cancellation period.

Landscape Installation Agreements are in effect from the date authorized by the client, and continue for up to forty-five (45) days, or until completion of project, whichever is shorter. The client may submit a three (3) day right to rescind within 72 hours of signing agreement. After 72 hours, the Client may submit a thirty (30) day written notice for cancellation of an installation project. Client is liable to pay for all early cancellation fees and all work completed on the installation within that 30 days, even during a cancellation period.

Payment Terms – Maintenance

The first month’s maintenance is due up front for all new accounts. The Company will then mail out invoices on the 1st of each month for all maintenance agreements. Payment to Washington Lawns and/or HomecliQ, LLC is due postmarked no later than the 15th of each month.

Payment Terms – Projects

Most projects are setup to remit an initial 1/2 down payment to Washington Lawns and/or HomecliQ, LLC no later than seven (7) days prior to project start date. Payment for progress invoices will be due on the date marked on each individual invoice. Any remaining invoices on projects are due on date of completion. If a project is paid later than date of completion, Company will add a 10% late fee to the total project amount. If a project is paid more than 7 days after project completion, the client will be sent to collections and will incur collections feeds. To avoid late fees & collections costs it’s important to pay your invoices on time in full.

On larger projects, the company will issue a payment schedule plan for the project.  This payment schedule will be agreed to in writing prior to start of the project, and as long as payments are received on time, work will continue to commence.

Forms of Payment Accepted

 

Automatic Debit Withdrawal – preferred form of payment

Credit/Debit Card: https://washingtonlawns.com/online-payment/

Local Business/Personal Check (A $65.00 per bounced check fee applies for all NSF checks returned, as well as any and all of the company’s bank fees incurred due to NSF).

Backup Payment Plan – *REQUIRED

*Required for Residential accounts over $325/month, All Project(s), & All Commercial Accounts. Client gives the Company the right to run the payment plan for $1.00 at any time (amount is applied to the client’s account) to verify the payment plan’s authenticity. In the event that a client’s invoice(s) are more than 30 days past due, and a payment plan has not been initiated/setup by the client with Washington Lawns, the company is given permission to run their backup payment plan for the total amount due. This plan is in place to help alleviate any late charges the client may incur for being late. There is a standard additional 3% surcharge for this service and will be applied at the time the backup payment plan is run.

Fuel Price Fluctuations – Maintenance Accounts ONLY

The prices of fuel fluctuate regularly. This price affects the overall cost of maintenance. To facilitate a significant increase in fuel prices, the company reserves the right to issue a fuel surcharge to each maintenance client (project fuel costs are estimated on an individual basis, and don’t normally have a surcharge). The base fuel cost estimated into each maintenance account is currently set at $2.50 per gallon. When average local fuel prices go above this amount, the company will assess each maintenance client a fuel surcharge based on the number of service dates scheduled the previous month, to help offset the increase in this fluctuating cost. Thank you in advance for your understanding.

Month to Month Accounts

An additional month to month surcharge of $75.00 + tax will be assessed to each land care account each month once the current agreement term is reached, until the client has authorized a new agreement or cancelled the existing one (with 30 day written notice). Clients who verbally authorize work to be done on their property, but fail to sign and return an agreement issued by the company, and the company continues to service the property indicated in this agreement, will be treated as a month to month client and incur all surcharges for this service as stated here.

Delinquent Accounts

Washington Lawns & HomecliQ, LLC reserves the right to cancel/withhold service for any and all accounts upon delinquent status, until the account is brought current. A reassessment of cleanup costs will be refactored & invoiced at full retail price, on the date of first (1st) continued service. Non-payment of more than thirty (30) days is considered cancellation of a contract, and will be billed as an early cancellation fee if applicable.

Late Payment Penalty

Late fees are set at either a “$5.00 per month minimum” -or- “1.5% per month / 18% annually”, whichever amount is greater. This amount will be assessed to all outstanding invoices on a monthly basis if a client’s payment is received any later than 5pm on the 15th of the month for monthly land care accounts and any later than 5pm seven (7) days after an individual project is completed or date of payment plan has been reached. This fee does not include any additional collections time/fees associated with an account, it is strictly an administrative fee applied to each account carrying an open balance past the due date.

Cancellations Policy

Every account has a standard early cancellation “Processing Fee” of $45.00, applicable to all client accounts that cancel before the end of the full term initially agreed to.

All clients’ will incur “Early Cancellation Fees” (separate from the “Processing Fee” mentioned above) if an account is cancelled before the end of the last day (11:59pm) of the sixth (6th) month of each agreement. Early cancellation fees are invoiced at an additional thirty percent (30%) for each service date already completed by the company, including all currently scheduled work within the next 30 day window after company receives a written cancellation notice. This is to offset the original discounted price the company agreed to when expecting & budgeting for a full year’s maintenance for the client.

Both parties agree that the current agreement may be cancelled upon thirty (30) days written notice by either party (either by Certified US mail, or emailed to the company’s office with confirmation of receipt). All currently scheduled services dates within this thirty (30) day window after notice has been given, will be serviced and invoiced accordingly per their agreement, regardless of cause of cancellation. Early cancellation fees apply to these service dates as well if applicable. Client may opt out of these physical service dates in writing, but still must pay for these service dates in full including any and all fees associated with cancellation.

If the client has decided to pay for their services in equal monthly installments, instead of ‘as the work is completed’, and either party cancels the agreement before the end of contracted term, all previously completed services that have not been 100% compensated for will be invoiced to the client for immediate payment within fifteen (15) business days of invoice being mailed. Any and all early cancellation fees apply.

In the event that either party, or any employee, or subcontractor of the company is in breach of these term of service; and that such breach is rectifiable, that party will have the opportunity to rectify said breach within 14 days of the occurrence of the breach. If the party in breach fails to rectify the breach within 14 days of receiving written notice of the breach by the other party, the notifying party will be entitled to terminate the agreement immediately.

Any termination of an agreement, however occasioned will not affect any accrued rights or liabilities of the other party, nor will it affect the coming into force, or the continuance in force, of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

Upon termination of an agreement each party will promptly return to the other all materials, data and other property of the other held by it. The company will ensure that all such property held in possession by it or any of its employees or subcontractors are promptly returned to the client.

Collection Costs

The client agrees to pay all reasonable costs, additional office time spent on the collections of an account, including attorneys’ fees, which Washington Lawns & HomecliQ, LLC incurs to collect amounts the client owes, and/or to protect the company from loss, harm, and/or risk relating to the client’s default on this account.  Office time for collections will be invoiced to the client automatically as they are incurred, at the rate of $75.00 (+tax) per labor hour.

Term of Proposals & Confidentiality

All estimates are valid for thirty (30) days from the date presented to the client, and becomes a legal contract upon obtaining the signature of the client on an agreement and the initial deposit. Permission is not granted for the client to share ANY proposals or agreements with ANYONE outside of the parties involved herein (other than the legal representative of the client/company), without prior written authorization from the company. If the client does share this information with anyone outside of the parties involved, all damages both tangible and intangible (ex. loss of opportunity) will be billed to the client for immediate payment of up to 15% of the total amount of the project, or $475, whichever is greater. This part of the terms of service is to protect the confidential information found within our agreements & proposed agreements from becoming public knowledge.

Additional Work Authorization (AWA)

Any additional work authorized outside of current agreement must be estimated & invoiced separately to the client with at least ½ (half) due up front and ½ (half) due upon completion (unless a different payment schedule is established prior). Any work valued under $500 may be authorized verbally via email by an account holder in good standing. Any work above $500 requires prior signature authorization from the client before any work begins. The client will be invoiced immediately, with the initial payment due seven (7) days before the scheduled start date. Upon completion, all clients have fourteen (14) calendar days to make a final payment before collection actions are taken on their account. A 10% late payment fee will be assessed starting fourteen (14) days from completion, and an additional 10% late payment fee monthly if client’s payment is received later than 5pm on the date due.

Contact Person & Meetings

Clients will have one person responsible for any concerns, complaints, & changes to work that is required under their agreement. The client and the company will attend meetings as required from time to time to discuss aspects of this agreement and services. Discussion notes are to be taken by both parties at each meeting and kept for future reference.  Meetings shall be scheduled no less than quarterly with the main contact person and the property’s Project/Maintenance Manager.

*Single Projects: a meeting with the main contact is required on site at least once (1x) at the beginning of the project on site, and once at the end on site for a final walkthrough & collection of final payment.

*Monthly service accounts: a meeting with the main contact person of each account (client) is required at least once before acquiring an account, and available as a service to the client once a quarter thereafter for the life of the account.

Scheduling

Accounts will be scheduled once the office obtains an authorized copy of an agreement & a deposit to get started.

The Project Manager holds a standard 3 day window open for completing each service date. Inclement weather conditions play a role in scheduling for all clients. All scheduled dates for service are subject to change per weather conditions. This decision will be at the sole discretion of the Project Manager. If the client’s service date gets bumped outside of this standard 3 day window, the company will do its best to notify the client of the change in advance.

A crew lead will be on site during all services. A Project Manager will visit the site on a monthly or quarterly basis to be sure that all work is being performed to the standards set in this agreement. The Project Manager will remain available to do a walkthrough on a quarterly basis for all clients.

Damages

The company will do their best to avoid any damages. If damage does occur while the company is on site, the company will notify the client via email as soon as possible.

Damages noticed by the client must be reported to the company via email within 24 hours of the site visit.  Please include the following information: who, what, where, when, and why…along with any picture of the site (with a time stamp & geo tag).   It will be investigated by the company within ten (10) business days to determine causes and responsibility, if any. Remember, the Company is not the only entity who can gain access to your property, and The Company is not responsible for the security of Client property.

If a plant dies due to Company negligence, it will be replaced free of charge. If a plant died of natural causes, it will be replaced with a plant of equal value and invoiced to the client automatically.

Resolving Disputes

Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against The Company, Client agrees to try to resolve the dispute informally by contacting accounts@washingtonlawns.com. We’ll try to resolve the dispute informally by contacting you via email.  In the event that either party, or any employee, or subcontractor of the company is in breach of these term of service; and that such breach is rectifiable, that party will have the opportunity to rectify said breach within 14 days of the occurrence of the breach. If the party in breach fails to rectify the breach within 14 days of receiving written notice of the breach by the other party, the notifying party will be entitled to terminate the agreement immediately.

Both Parties Agree To Arbitrate. The client and the company both agree to resolve any claims relating to these Terms of Service through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by submitting a written & mailed opt-out request letter to the business address within thirty (30) days of first accepting these Terms of Service on your original agreement.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Snohomish County (WA).

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees.

Exceptions to Agreement to Arbitrate. Either the client or the company may assert claims, if they qualify, in small claims court in Snohomish County (WA). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions. Clients may only resolve disputes with Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, the client and the company agree that any judicial proceeding (other than small claims actions) will be brought in the State courts of Snohomish County (WA). Both the client and the company consent to venue and personal jurisdiction there.

Delays

Any costs arising from a delay caused by either party, will be borne in full by the party incurring the delay and must be compensated to the party owed within fourteen (14) days of the delay occurring.

Indemnity & Insurance

The company will indemnify the client against professional loss, damage, costs and expenses which Client may incur as a consequence of any act, omission, negligence or default of the Company, its employees, subcontractors, assignees or agents in connection with or in performance of the Services, up to but not to exceed the total cost of the Services provided by the current agreement.

If the client decides to hire someone other than the company to do work on their jobsite/property, it must be completed before the company arrives or after the company leaves. In no case is the client to have anyone else working outdoors on the property while the company is working on site.

All waterproofing & drainage services are expressly NOT Guaranteed unless the company has provided the Client with a separate company System Guarantee signed by the Director of Operations of the company, and the Client retains for their proof. Any damages incurred by a failure of the system, without proof of the separate System Guarantee, will expressly NOT be the responsibility of the company for any replacement and repair costs. Leaking hose bibs & pipes are the client’s 100% responsibility, and will not be the responsibility of the company in any way. If a hose bib or pipe is leaking, client is responsible for any and all repairs.

The Company will maintain in force Professional Indemnity Insurance with an insurance company, and if requested to do so by the Client the Company will exhibit evidence of such insurance to Client.

Offers of Employment

Clients will make no approach or offer relating to employment to any employees or subcontractors of the Company. The Client will not accept the services of any such employee or subcontractor for a period of one (1) year immediately following the termination or expiration of an agreement except (a) on further assignment from the Company or (b) as a permanent recruit in which event a fee of twenty percent (20%) of his/her initial base salary (yearly pay hourly) will be payable by Client to the Company.

Notice about Liens on Property – This is NOT a lien, only a notice!

The company holds the right to place a lien on any property they perform service on, and will furnish a lien release at the request of the client once receipt of payment in full for all outstanding invoices.

TO OWNER/OCCUPIER OF EXISTING RESIDENTIAL PROPERTY:

Under Washington law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of your owner-occupied principal residence and who are not paid for services, materials, or equipment, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you.

 

TO COMMERCIAL AND/OR NEW RESIDENTIAL PROPERTY:

We have or will be providing professional services, materials or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fails to pay us, we may file a lien against your property. A lien may be claimed for all professional services, materials, or equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to your property is the construction of a new single-family residence, then ten days before this notice was given to you or mailed to you.

Important Information for your Protection – Please Read Carefully

  • This notice is given to every client to inform them that we have or will be providing professional services, materials or equipment for the repair, remodel, or alteration of your property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property.

LEARN more about the lien laws and the meaning of this notice by discussing them with your contractors, suppliers, Department of Labor and Industries, the firm sending you this notice, your lender, or your attorney.

COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods.

DUAL PAYCHECKS (Joint Checks): When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice.

LIEN RELEASES: Once you make full payments to all of your outstanding invoices,  you may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If you cannot obtain lien releases because you have not paid them, you may pay using the dual payee check method (above) to protect yourself, and we will be happy to issue a lien release upon receipt of payment.

You should take appropriate steps to protect your property from liens.

Your prime contractor and your construction lender are required by law to give you written information about lien claims. If you have not received it, ask them for it.

Trademarks and Copyright

All trademarks, service marks and trade names of HomecliQ, LLC and Washington Lawns used in the course of business are trademarks or registered trademarks of the company.

The entire content included on WashingtonLawns.com and HomecliQ, LLC, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HomecliQ, LLC. The collective work includes works that are licensed to WashingtonLawns.com. Copyright 2017, HomecliQ.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with the companies listed above, or purchasing these companies’ products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by the company. You further agree not to change or delete any proprietary notices from materials downloaded from the company.

Bindings

If at any time any part of this agreement and terms of service is found to not hold up in a court of law, then the rest of the agreement and terms of service stays in force between both parties, and both parties will be held to their end of the agreement.

The company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between either parties, or trade practices, shall act to modify any of these terms and conditions. The company may assign its rights and duties under this Terms of Service to any party at any time without notice to anyone.

These terms of service and entire agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence in all undertakings. This agreement shall be enforced under the laws of the state of Washington, USA.

These terms of service and Agreement supersedes all prior arrangements, agreements and understandings between the parties. No addition to or modification of any provision of this Agreement will be binding upon the parties unless made by written instrument and signed by an authorized representative of each of the parties.

Future Updates to Terms of Service

The company reserves the right to make changes to these Terms of Service at any time for any reason, and all changes go into effect immediately.  Each account holder who has had a change in Terms of Service occur will be notified via email within ninety (90) days of the change.