Terms of service.
Mulch Now LLC
Vero Beach, Florida
www.mulchnow.com
1. Service Agreement
1.1 These Terms and Conditions (“Agreement”) govern all services provided by Mulch Now LLC (“Company,” “we,” “our,” or “us”) to residential and commercial clients (“Client,” “you,” or “your”).
1.2 Services provided include, but are not limited to: mulch delivery, mulch installation (including preparation), tree and hedge trimming, and landscape bed maintenance.
1.3 Acceptance of a written quotation, digital proposal, or commencement of scheduled services shall constitute a binding contract under these Terms.
1.4 Either party may terminate this Agreement with seven (7) days’ written notice, subject to settlement of any outstanding charges. The Company also reserves the right to terminate services immediately in cases of non-payment, unsafe working conditions, or breach of this Agreement.
2. Quotations and Pricing
2.1 All quotations are based on initial site evaluations and represent best estimates at the time of issuance.
2.2 Prices may be adjusted if unexpected conditions are discovered during service delivery, including but not limited to hidden debris, roots, soil issues, or other obstacles not visible at the initial assessment.
2.3 Any additional charges will be communicated to and approved by the Client in writing (email or signed change order) prior to work continuing.
3. Payment Terms
3.1 Accepted payment methods include: credit/debit cards, checks, and electronic transfers via third-party processors (e.g., QuickBooks Online, Stripe).
3.2 Payment schedule for projects is as follows:
30% deposit required at time of booking.
30% due upon arrival at the service site.
Remaining balance due upon completion of services.
3.3 Invoices not paid within fifteen (15) days of the due date may be subject to a late fee of 1.5% per month or the maximum allowable under Florida law.
3.4 Client is responsible for all collection costs, including reasonable attorney’s fees, incurred in recovering overdue payments.
4. Client Responsibilities
4.1 Client shall provide clear and safe access to the property for workers, vehicles, and equipment.
4.2 Client must mark and disclose the location of all underground utilities, irrigation systems, sprinkler heads, cables, or other hidden features.
4.3 The Company shall not be held liable for damage to unmarked or undisclosed items.
5. Preparation of the Property
5.1 Standard preparation includes removal of old mulch, light weeding, and basic edging of beds.
5.2 Preparation does not include removal of large debris, extensive excavation, or relocation of personal property unless expressly included in the quotation.
5.3 Client must remove personal items, outdoor furniture, decorations, or fragile objects prior to service. The Company is not responsible for damage to items left in work areas.
6. Materials
6.1 All materials (e.g., mulch, soil, stone) are provided based on the Company’s best estimate of quantities required.
6.2 Mulch and other natural products may vary in color, texture, and composition. Such variations are normal and not grounds for service complaints.
6.3 If selected materials are unavailable, the Company reserves the right to source comparable substitutes. Clients will be notified of significant substitutions prior to installation.
7. Service Delivery and Completion
7.1 Service schedules are provided in good faith but may be affected by weather conditions, supply shortages, or unforeseen circumstances.
7.2 The Company shall not be liable for delays caused by hurricanes, heavy rains, or other conditions common in Florida.
7.3 Clients are encouraged to inspect completed work promptly. Any concerns must be reported within five (5) business days of completion. Failure to report within this timeframe constitutes acceptance of work.
8. Liability and Disclaimers
8.1 The Company’s liability is limited to the cost of the services provided.
8.2 The Company shall not be liable for:
Indirect, incidental, or consequential damages.
Damage caused by unmarked underground utilities or features.
Post-service issues such as plant health, pest infestation, or natural settling of materials.
9. Photography and Marketing Release
9.1 Unless the Client opts out in writing, the Company may take before-and-after photographs of completed projects for use in marketing materials, social media, and its website.
9.2 No personal identifying information will be disclosed without the Client’s consent.
10. Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes shall be resolved exclusively in the courts of Indian River County, Florida.
11. Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Privacy Policy
We respect your privacy and handle your personal information in accordance with our Privacy Policy, which forms part of this Agreement.