Terms & Conditions
These terms apply to your use of thinkoutsideutah.com and to landscaping, irrigation, maintenance and snow services provided by Think Outside Landscaping, LLC in Highland, Utah and throughout northern Utah County.
Definitions
“CONTRACTOR” refers to Think Outside Landscaping, LLC, its employees, supervisors, managers, crew members, laborers, foreman and subcontractors. “OWNER” includes the property owner or a person deemed responsible, such as a tenant, occupant, neighbor, principal, family member, caretaker, house sitter, property manager, agent for the owner, security, concierge or builder.
Estimates and pricing
Information on this website, including photos and service descriptions, is general information and is not an offer or a guarantee of specific results for any property. Estimate requests submitted through this site are requests for contact only and do not create a contract. Pricing, scope and scheduling are confirmed directly with you after we review the property and the work you would like done.
Project scope and changes
Any alteration or deviation from the agreed specifications involving extra costs will be executed only upon written orders and will become an additional charge over and above the estimate. Any change order directed by the customer that results in a work stoppage will incur an additional “move-in” charge of $500.00. Any installation completed according to the agreed contract or plan is considered final. Changes to completed portions of the job requested by the customer will result in additional charges for labor and materials.
Scheduling, weather and delays
All agreements are contingent upon material availability, strikes, accidents, inclement weather, acts of God or delays beyond our control. If a scheduled service is stopped due to OWNER for any reason, regular charges will still be incurred for the scheduled service. If any portion of the property is inaccessible on a scheduled service date, that portion will be skipped and regular charges will still be incurred. Rescheduling of skipped portions is at the discretion of CONTRACTOR and may incur additional charges.
Property access
OWNER agrees to provide the access CONTRACTOR needs to perform the service as scheduled and detailed. If access is denied, or if CONTRACTOR cannot reasonably gain access, the task will be delayed, and CONTRACTOR is not responsible for conditions or effects related to the missed or delayed visit. Constraints imposed by the OWNER or tenant, other contractors, suppliers, weather, access, pets or disputes may delay or prevent the service, and additional charges may apply for repeat or return visits.
Water
OWNER agrees to provide water service at no additional charge to CONTRACTOR during the service for landscape and landscape-related uses such as dust control, plant irrigation, digging, drinking, operation and maintenance of tools, materials, supplies and equipment, storage of nursery stock, and washing, clearing and cleaning of landscapes and hard surfaces, plus job site cleanup.
Invoicing and payment
Invoicing for all irrigation repairs is due upon completion of work unless otherwise noted in writing.
Payments more than 5 days late will accrue a $25.00 late fee and compounding interest at the rate of 24% APR. It is also agreed that a lien may be placed against the property if payment is not made within 30 days. In the event of a returned check, OWNER agrees to pay a $50.00 fee in addition to all applicable charges. In the event of an unmerited credit card chargeback, OWNER agrees to pay a $50.00 fee in addition to all applicable charges.
Cancellation
Should OWNER desire to cancel service, CONTRACTOR must be successfully contacted by OWNER no less than 1 hour prior to the scheduled service. If CONTRACTOR does not receive notification more than 1 hour prior to the scheduled service and a service call is started, OWNER will be billed at the minimum rate. CONTRACTOR reserves the right to cancel service at any time through written notification and without cause.
Limitations and remedies
Customer’s sole and exclusive remedy for any claim against CONTRACTOR with respect to the quality of services provided is the correction by CONTRACTOR of any material defect or deficiency of which Customer notifies CONTRACTOR in writing within 48 hours. In the absence of such notice, the service will be deemed satisfactory and accepted by Customer. We run through the sprinkler system to confirm proper operation after completion of the job, and we assume no liability 24 hours after the fact. Leaks can happen, and if a leak is due to our negligence we will be able to identify that within 24 hours.
Damage
Incidental, unintentional and accidental damage to the property, or to items on or near the property and work areas, as a result of the performance of this service is the OWNER’s responsibility to replace or repair.
Disclaimer
Damages caused by CONTRACTOR during normal operations that are not from intentional acts or negligent behavior are not the obligation of CONTRACTOR to correct or compensate for. Reparations for any damages arising from the performance of this service are limited to the contracted amount of the service. CONTRACTOR performs landscape service, repair and maintenance duties; however, CONTRACTOR is ultimately not responsible for the health or condition of the landscape or property. Because we work with nature and perishable material, and because many factors affect our duties — including budget, age of landscaping, previous maintenance practices and weather — we cannot guarantee that results are achieved and maintained. All irrigation reports provided document the irrigation and controller programming performed by CONTRACTOR. The OWNER of the property understands that they are entirely responsible for water use and water damage regardless of who assists them with programming the controller. CONTRACTOR holds no responsibility for any homeowners association violations on a property.
Notes and recommendations
OWNER is responsible for daily observation of landscape conditions (wet or dry) and for notifying CONTRACTOR of conditions where help is needed. Irrigation controller programming may or may not be included in a service and may follow local water authority guidance, direction from the OWNER, programmer discretion, current weather conditions, how emitters and sprinklers affect surrounding properties, and the type and age of plant material being irrigated. During months with more extreme weather conditions, irrigation repairs, adjustments and temporary changes may be made without prior owner approval; if this is unacceptable, OWNER must notify CONTRACTOR to adjust the agreement. Programming the controller does not guarantee results. OWNER understands that controllers fail without warning, valves stick open and closed, emitters clog, sprinklers get misaligned, and pipes, fittings and hidden lines can fail or leak. CONTRACTOR is not responsible for issues other than those regarding workmanship performed by CONTRACTOR.
Warranty
Any warranty, either expressed or implied, is only on irrigation system components or parts for new work or repairs done by CONTRACTOR, and must be in writing or it is not valid. CONTRACTOR offers an irrigation system limited warranty for parts and labor up to one (1) month on most items installed. The warranty excludes repairs necessary due to neglect, improper use or care, vandalism, issues beyond CONTRACTOR’s control, and acts of God.
Disputes and collections
If this contract is for any foreseen or unforeseen reason submitted to arbitration or any judicial court, the balance due would accumulate 24% interest annually, and OWNER agrees to pay any and all costs of collection, including but not limited to collection fees, court costs and attorneys’ fees, whether or not a lawsuit has commenced. Jurisdiction and venue for any lawsuits shall reside exclusively within Utah County, Utah.
SMS/Text Message Terms
Customers who opt in may receive text messages from Think Outside Landscaping, LLC regarding matters such as appointment reminders, service updates, estimate or pricing information, and other project-related communication.
Message frequency varies. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help.
You may also opt out at any time by texting or emailing STOP or UNSUBSCRIBE to 385-281-8824 or Niki@ThinkOutsideLandscaping.com. We will remove your number from our list within 24 hours, and you will not receive further messages after your information is removed.
Mobile opt-in information and consent will not be shared or sold to third parties for marketing or promotional purposes. Think Outside Landscaping, LLC will not sell, rent or share collected mobile numbers.
Submitting the general contact or estimate form does not by itself constitute consent to receive text messages. SMS consent is given only when you specifically opt in to text messaging, and it is never required in order to request an estimate.
Mobile carriers are not liable for delayed or undelivered messages. Your mobile carrier may charge fees for sending or receiving text messages, especially without an unlimited texting or data plan.
Contact
Questions about these terms? Call 385-281-UTAH (385-281-8824) or email Niki@ThinkOutsideLandscaping.com. See also our Privacy Policy.
Changes
We may update these terms from time to time. The version shown on this page is the current one.
