Terms of service.

1. For purpose of definition, throughout this document the customer shall be known as the “Client” and Integrated Plantscapes LLC. shall be referred to as the “Contractor”.

2. This contract shall automatically renew for additional twelve-month periods unless there is a notification in writing by either party given thirty (30) days prior to the ending date of any twelve-month period. The Contractor shall have the right to increase the price of the maintenance service with thirty (30) days written notice given to the Client prior to the contract renewal date.

3. Unless otherwise stated, the contracted monthly fee includes complete plant maintenance and guaranteed replacements including:

A. Regular visits by Contractor’s fully insured service technician. Horticultural care will include all the following as required: watering, fertilizing, inspections for pests and disease infestation and treatment as necessary, pruning, trimming, dusting, cleaning, and cosmetic care of the plants and containers.

B. Replacements will be made when plants become thin, weak, or otherwise unattractive. New plants shall be of the variety and size as originally installed, subject to availability, and shall be placed as originally specified. All replacements will be determined by the Contractor and the Contractor reserves the right to substitute when necessary.

4. The Client will provide the Contractor with access to hot and cold water within a reasonable distance from plants. Additionally, if required, the Client will provide without charge to the Contractor, a secured storage area of no less than 15 sq. Foot for storage of Contractor’s equipment and supplies.

5. This contract assumes that the Contractor will use its own agents to perform all work outlined under this contract. Further, the contract assumes that all work will be performed during the hours of 8:00 am to 5:00 pm, Monday thru Friday. All exceptions regarding the timing of the work to be performed are subject to additional charges. There is an additional charge for extra visits to the Client’s site required due to no fault of the contractor (ex. Inaccessible office, etc.).

6. The Client is responsible for the replacement cost of all plants and containers that must be replaced as a result of the following causes:

A. Temperature extremes that damage plant health. (Sixty (60) degrees F to (80) degrees F at foliage surface is an acceptable temperature range.)

B. All catastrophes such as a fire, freeze, explosion, flooding, etc. And acts of God.

C. Theft, vandalism, accidental or malicious damage.

D. Care by anyone other than the Contractor’s agents.

E. Moving of the plants to another location without the Contractors approval.

F. Lowering of light levels below those which are approved by the Contractor. A measured level of 50-foot candles at floor level for ten hours is the absolute minimum requirement for low light tolerant plant material.

G. Damage from cleaning solutions or other toxic chemicals or gases.

H. Damage and insect diseases infestation to plant material from plants not under Contractor’s guaranteed maintenance.

I. All other circumstances which prove injurious to the plants or containers and over which the Contractor has no control.

7. Contractor accepts no responsibility for maintenance of plants owned by Client or Clients Employees unless said plants are identified by Contractor and incorporated into this agreement.

8. All plants, containers, and other miscellaneous items rented to the Client by the Contractor shall remain the Contractor’s property. Under the terms of this contract, the Client recognizes no claim to ownership of the Contractor’s property. If repossession becomes necessary, the Client will allow the Contractor to enter premises between the hours of 8:00 am and 4:30 pm for the removal of Contractor’s property.

9. This contract is for one year, with automatic renewal as stated above. Because many of the Contractor’s costs are amortized over the life of the contract, should a major reduction or termination be requested, or this agreement is breached by the Client prior to completion of the contract period, the Client is responsible for all remaining contract payments for the remainder of the twelve-month term, plus any unpaid balances on the account. In the event of default by the Client, the Contractor shall be entitled to recover all reasonable costs of collection, repossession, and attorney’s fees.

10. This contract assumes that the Client will remain at his present location throughout the contract period. In the event the Client transfers or sells the business conducted on the premises in whole or part, the Client shall give prior written notice to the transferee and to the Contractor and such transfer for sale shall be subject to this agreement and it shall be binding upon the transferee or purchaser. Should the Client decide to relocate, the Contractor will move the plants and containers as required and be fully compensated by the Client for his efforts.

11. Client is responsible for the cost of all purchases required to allow Contractor to begin the work described herein. The parties agree that Contractor must receive payment from Client for those purchases before Contractor's work can begin. In addition, a deposit of first and last month's (two months total) payment for the agreed upon lease and /or maintenance rate will be required within 10 days of the date of execution of this contract. Monthly lease, maintenance and color rotations will be billed in advance of the service period, plus applicable taxes, and will be due and payable within thirty (30) days of the invoice date. Client will be charged interest at the maximum amount allowed by law for any balance not paid within 30 days of the invoice date.

12. Plants purchased from the Contractor without maintenance services are warranted by the Contractor to be free from insects and diseases at the time of the installation and for thirty (30) days thereafter. Because the Contractor has no control over placement, environmental conditions or maintenance, the Contractor cannot guarantee the longevity of the plant. If an insect or disease problem is suspected, the Contractor must be notified immediately and the plant(s) in question must be inspected on the Client’s premises and replacement authorized by Contractor’s representative. No further warranty is expressed or implied. Under no circumstances will the Contractor be liable for more than the value of the plant at the time of sale.

13. The Contractor accepts no responsibility for decorative containers supplied by the Client. If the Contractor is required to handle the Client’s decorative containers, the Contractor will be compensated for its labor. Decorative containers, as well as other installation materials that are supplied by the Contractor, are covered by manufacture’s warranties will be supplied upon request. No further warranty is expressed or implied. Under no circumstances will the Contractor be responsible for more than the value of the container or other material at the time of sale. Containers that must be special ordered by the Contractor will require a deposit and cannot be cancelled by the Client once the manufacturer has begun production. Refusal of delivery by the Client will not cancel the Client’s payment obligation.

14. The Client and the Contractor will define the installation date. The Contractor is not responsible for delays caused by inclement weather or other natural phenomena. This contract assumes that prior to plant installation, all environmental control systems (HVAC, lighting, temperature controls, etc.) must be in good working order at the installation site. Construction activity must be minimal and be non-dust or residue-producing before the installation takes place. Any special cleaning required due to construction activity will be billed on an hourly basis to the Client. Furthermore, there must be free access to the building and to freight elevators. Installations requiring the removal of architectural barriers and special hoisting equipment will be discussed with the Client with all costs defined as clearly as possible. In the event that the installation is delayed for more than seven (7) days through no fault of the Contractor, the Client will be responsible for all the extra costs incurred by the Contractor as a result of said delay.

15. The Client agrees not to hire agents of the Contractor under any circumstances during the term of this contract and for a period of two (2) years after an agent has terminated employment with the Contractor.

16. Prior to acceptance by the Client, the prices on this contract are firm for thirty (30) days only. All figures are subject to applicable taxes.