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Signed in as:
filler@godaddy.com
Effective Date: October 11, 2023
This Privacy Policy ("Policy") outlines the policies and practices of The Shrub Care Co LLC ("Company," "we," "us," or "our") regarding the collection, use, disclosure, and protection of the personal information of our clients, website visitors, and other individuals ("End Users," "you," or "your"). We are committed to protecting your privacy and ensuring the security of your personal information.
By using our services, including visiting our website, contacting us, or engaging in any form of business relationship with us, you consent to the practices described in this Privacy Policy.
1. Information We Collect
We may collect various types of information, including but not limited to:
Personal Information: Information that can be used to identify you, such as your name, address, phone number, email address, and any other information you provide when contacting us.
Payment Information: If you make payments for our services, we may collect payment card information and billing details. This information is securely processed through trusted payment processors.
Usage Data: Information about how you interact with our website, including your IP address, browser type, pages visited, and duration of your visit. We may use cookies and similar technologies for this purpose. You can manage your cookie preferences using your web browser settings.
2. How We Use Your Information
We use your information for various purposes, including:
3. Sharing Your Information
We do not sell, trade, or rent your personal information to third parties. We may share your information with third parties in the following circumstances:
4. Security
We take reasonable measures to protect your personal information. This includes the use of encryption, access controls, and regular security assessments. However, no data transmission over the internet or electronic storage is completely secure, so we cannot guarantee the absolute security of your data.
5. Your Choices
You have the right to:
6. Changes to This Policy
We may update this Privacy Policy as necessary to reflect changes in our practices or for legal compliance. Any updates will be posted on our website, and the revised policy will indicate the date of the latest revision.
Effective Date: October 11, 2023
This Communication Opt-In Agreement ("Agreement") is entered into between The Shrub Care Co LLC ("Company"), and the end user ("End User") opting to receive communications via calls, text messages, and emails from the Company. This Agreement outlines the terms and conditions governing communication preferences.
BY OPTING INTO COMMUNICATION VIA CALLS, TEXT MESSAGES, AND EMAILS, END USER AGREES TO THE TERMS AND CONDITIONS SET FORTH HEREIN. IF END USER DOES NOT AGREE TO THESE TERMS, PLEASE DO NOT OPT-IN TO RECEIVE COMMUNICATIONS FROM THE COMPANY.
Consent to Receive Communications:
By providing your contact information and opting into this service, End User voluntarily consents to receive communications via calls, text messages, and emails from the Company for the purpose of service updates, promotions, and other information related to our services.
Communication Frequency:
The Company may communicate with End User via calls, text messages, and emails at various frequencies, depending on the nature of the communication, including but not limited to transactional messages, marketing messages, and service updates.
Opt-In Process:
End users opt-in via any of the, but not limited to, following methods:
Opt-Out Process:
End User may opt-out of receiving communications at any time. For calls, please inform the Company representative during the call. For text messages, text "STOP" to (385) 375-7379. To opt-out of emails, follow the unsubscribe link provided in the email. Once the opt-out request is received, the Company will respect your preferences and cease the communication, except for messages related to account management or services.
Help/Support:
For help or support related to communication preferences or to request assistance, End User can contact our Customer Support at service@shrubcareco.com.
Data Usage and Privacy:
The Company respects End User's privacy and will handle personal information in accordance with its Privacy Policy. By opting into communication, End User acknowledges and agrees to the collection and use of their personal information as outlined in the Privacy Policy.
Mobile Carrier/Service Provider Fees:
End User acknowledges that message and data rates may apply, and any charges incurred for receiving text messages or calls are the responsibility of the End User.
Amendments to this Agreement:
The Company reserves the right to modify, update, or amend this Agreement at any time. End User will be notified of any changes, and continued use of the communication service constitutes acceptance of the revised terms.
Termination:
The Company reserves the right to terminate communication services to End User at its sole discretion, without prior notice, for any reason, including misuse of the service or violation of this Agreement.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws enforceable within Utah, USA.
Effective Date: July 30, 2024
This Service and Payment Policy ("Policy") outlines the terms and conditions governing the services provided by The Shrub Care Co LLC ("Company," "we," "us," or "our") and the payment obligations of the customer ("Customer," "you," or "your"). By engaging our services, you agree to comply with the terms and conditions described herein.
1. Scope of Services:
We provide professional landscaping and related services. The specific details of the services to be rendered, including project timelines, materials, and pricing, will be documented in a separate written agreement or estimate. Unapproved estimates expire after 30 days. This Policy, in conjunction with that agreement or estimate, outlines the terms governing our services.
2. Payment Terms:
You agree to pay the agreed-upon rates for the services provided by the Company as outlined in the agreement or estimate. Payment terms include:
2.1 Payment Schedule: Payments are due upon receipt of invoice, or as specified in the agreement or estimate. Failure to adhere to the payment schedule may result in project delays or suspension of services.
2.2 Payment Methods: We accept payment by check, credit card, or other methods as agreed upon. Customer will be charged a $35 fee in the event their check bounces.
2.3 Credit Cards Saved On File: Customer, authorize and request The Shrub Care Co LLC to charge any card(s) saved on file for any new and/or unpaid balances of their account. Customer may save a card on file from the menu options of any online estimate/invoice, or an email may be sent with a link inviting Customer to add a card to their file. Customer may cancel or modify this authorization at any time by removing card(s) from the system. Customer may also request to modify the authorization by sending an email to service@shrubcareco.com, which will become effective once Company responds with a confirmation email. Credit card information is handled and secured by our credit card processing provider.
2.4 Late Payments: A late fee of 4% of the original invoice amount will be imposed every month that payment of an invoice is past due.
In cases of past due payments, Company reserves the right to employ the services of debt collectors and other legal means to pursue what is owed. Customer agrees that the costs of the debt collection and legal services will be added to their debt that is to be collected.
3. Changes to Services:
Any changes, or additional work requested beyond the scope of the original agreement or estimate, will be subject to additional charges. These changes shall be documented and agreed upon in writing.
4. Cancellation and Termination:
4.1 Cancellation by Customer of an approved estimate may occur free of charge if the cancellation is made more than 72 hours before work is to begin; within 72 hours before work is scheduled to begin a cancellation fee will be charged to Customer. The fee will be the greater of either A) 10% of the total estimated price, or B) $199 , not to exceed the original estimated total. If cancellation occurs after work begins, Company reserves the right to charge the full estimated price, regardless of completion status. Cancellation must be requested verbally to a company representative AND in writing via email to service@shrubcareco.com.
4.2 The Company may terminate the project for various reasons, including, but not limited to: Customer being late on payments, customer breaches the terms of our agreement, customer misconduct, if the customer causes multiple delays to the project, significant changes to project scope, if company cannot gain access to the project area, resource constraints, safety concerns, unforeseen adverse conditions, if necessary permits are not obtained, etcetera.
Company should make a professionally reasonable effort to avoid terminating the project. Termination will be effective with written notice to the Customer. If the Company initiates the termination, the Customer shall immediately pay the Company for all work performed, materials provided and fees incurred up to the termination date. The Company will provide the Customer with a final invoice detailing all amounts due.
5. Satisfaction and Warranty:
We are committed to delivering quality work and ensuring your satisfaction.
5.1 The Company warrants that all work performed under this document will be carried out in a professional manner and in accordance with industry standards. This workmanship warranty is valid for a default period of 1 month(s) from the date of project's final invoice. Any defects in workmanship reported by the client within this period will be corrected by Company at no additional cost to the client.
5.2 The warranties provided in this section do not cover:
Damage or defects resulting from improper care, maintenance, or neglect by the client;
Damage caused by natural disasters, extreme weather conditions, or other acts of God;
Normal wear and tear or the natural aging process of materials and plants;
Normal re-growth of plants;
Damage or defects resulting from unauthorized modifications or repairs by the client or third parties.
5.3 The warranties provided in this section will be void if:
The client fails to notify the Company of any defects within the warranty period;
The client or any third party modifies, repairs, or alters the work or materials without the Company's prior written consent;
The client fails to follow the recommended care and maintenance guidelines provided by the landscape service Company.
5.4 To make a warranty claim, the client must notify the Company in writing within the warranty period. The notification should include a description of the defect, the date the defect was discovered, and any relevant photographs or documentation. The Company will promptly investigate the claim and take appropriate corrective action.
5.5 Except as expressly provided in this document, the Company makes no warranties or guarantees, express or implied.
6. Dispute Resolution:
6.1 In the event of any dispute or disagreement arising from this project estimate or contract, both parties agree to first attempt to resolve the matter amicably through negotiations between authorized representatives. All such disputes shall be commonly documented between both parties.
6.2 If the dispute cannot be resolved through negotiations within ninety days that the dispute was first documented, both parties agree to submit the dispute to non-binding mediation facilitated by a mutually agreed-upon mediator. Each party shall bear their own costs associated with the mediation process.
6.3 If mediation does not resolve the dispute, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or other mutually agreed-upon arbitration service. The arbitration shall take place in Provo, Utah unless otherwise agreed upon by both parties.
6.4 Any decision or award rendered through arbitration shall be final, binding, and enforceable in any court of competent jurisdiction. The prevailing party in arbitration shall be entitled to recover its reasonable attorney's fees and costs incurred in connection with the arbitration.
6.5 Notwithstanding the foregoing, either party may seek equitable relief, including injunction or specific performance, from a court of competent jurisdiction to enforce the terms of this project estimate or contract pending resolution of any dispute through negotiation, mediation, or arbitration.
6.6 This project estimate or contract shall be governed by and construed in accordance with the laws of the State of Utah.
7. Liability and Insurance:
The Company maintains appropriate insurance coverage, including general liability and worker’s compensation. While every effort is made to ensure safety during service provision, you acknowledge and accept a level of risk associated with landscaping projects. You may need to ensure your property insurance adequately covers your risk exposures.
8. Force Majeure:
A "Force Majeure Event" includes events beyond reasonable control, such as natural disasters, war, terrorism, civil unrest, strikes, fire, explosions, governmental actions, widespread economic disasters, and utility or transportation interruptions.
8.1 If a Force Majeure Event prevents or delays a party from fulfilling its obligations, that party is excused from performance during the event. The affected party must promptly notify the other in writing, detailing the event and its impact.
The affected party shall make reasonable efforts to mitigate the impact of the Force Majeure Event and resume performance as soon as possible.
8.2 If the Force Majeure Event continues for 30 days or more, either party may terminate the contract with written notice. The client will pay for all work performed and materials provided up to the termination date, and the Company will refund any amounts for unperformed work or undelivered materials.
8.3 The affected party must notify the other party when they are able to resume performance.
9. Ownership of Materials:
Any materials used in the course of providing services will remain the property of the Company until payment is received in full. Once paid, ownership of materials will transfer to the Customer.
10. Other Terms and Conditions:
10.1 By engaging with our services, you may also become subject to our Privacy Policy and Communication Agreement, both of which may be found at www.shrubcareco.com.
10.2 The Customer agrees to allow the Company to take and use photographs, images and descriptions of the design, the site, and project results. Such media may be used privately or publicly for internal training, company promotion, professional portfolio, etc. Personal and location data will be obscured to protect Customer privacy.
10.3 The Customer attests that any information, provided by the Customer to the Company, concerning the property and/or the project is true and accurate and will not hold Company liable for issues arising from any errors and/or inaccurate information provided to Company.
10.4 The Customer agrees to indemnify, defend, and protect the Company, its employees, and its Subcontractors from and against any lawsuits and damages pertaining to the services outlined in this estimate.
10.5 Except for liability arising from the Company’s gross negligence or willful misconduct, the Company's total liability to the client for any and all claims, losses, costs, or damages, including attorney's fees, arising out of or resulting from the performance of the work shall not exceed the total compensation received by the Company under this contract.
10.6 Customer acknowledges that utility marking services through Blue Stakes of Utah will be used for all excavation work, for no additional fee. The scope of utility markings are limited per the standards of Blue Stakes of Utah. Provided that utility markings by Blue Stakes of Utah are current, the Company bears no responsibility for underground damages during excavation, except in cases of gross negligence or willful misconduct by the Company. Any excavation-related damages will be the Customer’s responsibility.
10.7 Utility infrastructure, both above and below ground, may necessitate changes to the project and may cause changes in the price
10.8 If unforeseen adverse conditions are discovered or encountered, the project may be suspended, and both the price and project scope may be required to be adjusted accordingly.
11. Changes to this Policy:
The Company reserves the right to modify this Policy as necessary. Any updates will be provided in writing or posted on our website.
12. Governing Law:
This Policy shall be governed by and construed in accordance with the laws enforceable within The State of Utah.
13. Customer Acknowledgment:
By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, as well as our Privacy Policy and Communication Policy which can be viewed at the following URL: https://theshrubcareco.godaddysites.com/terms-and-conditions.
14. Approval and Authorization:
Once Company presents an estimate or proposed agreement the customer may express approval with a signature on the document, clicking the "Hire"/"Approve" button associated with the document, indicating approval via written text, or making a payment. Doing any action indicates customer attests that he/she has the authority to approve the estimate/proposal, agrees to the terms and descriptions outlined, approves the estimate to be effectuated, agrees to provide payment once due, and authorizes The Shrub Care Co and/or its agents to enter the areas of the property necessary to complete the work.
If you have questions, concerns, or requests related to these policies, please contact us.
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