Effective: 2026 Season

Terms of Service

"Our mission is to deliver clear communication, fair pricing, and dependable scheduling—always with your satisfaction and best interests at heart. These terms help us deliver the best possible service for many seasons to come."

Key Sections

Recurring Maintenance Ongoing services on a route (weekly, biweekly, or monthly), regardless of billing method.
Biweekly Every two weeks (approximately 14 days).
Received The timestamp recorded on our business phone/email systems.
Service Date The calendar date service is performed (or the last day of the scheduled service window for recurring route service).
Cleanup Rate/Reset Charge One-time charge to return a property to normal maintenance condition due to overgrowth or after service resumes following a pause.
Business Days Monday–Saturday (excludes holidays).
Notice Cutoff Mon–Fri 5PM; Sat 3PM (local time). For any notice requirement (skip, reschedule, pause, cancellation), notice counts only when received by Evergreen by the cutoff. Messages received after the cutoff—or on Sundays/holidays—count as received the next business day.
Billing Date The date payment is processed based on your billing structure. For per-visit recurring service, this is typically the same day the visit is completed or the next business day. For monthly billed recurring service, this is typically the date you were first placed on the schedule, unless a different billing date was clearly stated or agreed to in writing.

1. Weather Conditions

Your Safety & Quality Results

We never cut corners on safety or quality. If weather makes it unsafe to work or risks harming your landscape, such as rutting from soft ground, we will promptly reschedule. In prolonged or abnormal weather conditions, we may reasonably use lighter equipment or adjust our approach to reduce disruption, limit overgrowth, and avoid unnecessary damage while keeping service as orderly as possible.

Rain Policy: If rain is in the forecast, we may proactively adjust the route. When possible, service may be completed the day before your normal window to help avoid delays. If not, service will be moved to the next available date once conditions safely allow. If you would like your service handled a specific way during wet or abnormal conditions, kindly let us know and we will accommodate as best we can while keeping the scope, schedule, and expectations aligned. If service is paused or delayed and the property falls out of normal maintenance condition before we return, a fair and appropriate cleanup/reset rate may apply to restore it to standard.

2. Value of Consistency & Route Efficiency

Our recurring pricing is built around a consistent route schedule. This consistency allows us to keep your property looking its best while keeping your service priced fairly.

Applies to all recurring maintenance services: The routing, scheduling, access, and notice policies in this section apply to any property scheduled for recurring maintenance on a route, regardless of billing method.

Service Windows: Recurring maintenance is completed within your scheduled service day window (route-based). While we aim for consistency, exact arrival times are not guaranteed due to traffic, weather, or equipment variables. Your route service window is communicated by text/onboarding (and may adjust seasonally).

Route-Based Scheduling (Capacity & Priority): Recurring service is scheduled on a route. A visit is fulfilled when service is completed during your service window—or on the next available date if weather, access, or safety prevents service. Exact arrival times are not guaranteed.

When a visit is skipped, the next visit often takes longer. This isn't just due to grass growth, but from seasonal debris (leaves/pine needles), edging buildup, weeds, and extra cleanup. Even in slower months, properties accumulate work that must be "caught up" to maintain our professional standards.

Route Consistency & Pricing: Your recurring per-visit rate is priced for consistent service at your selected frequency and for properties kept in normal maintenance condition. Skipping or rescheduling does not entitle you to a discounted “catch-up” rate on the next visit. If extra time is required due to skipped service, a Cleanup rate and/or one-time Reset Charge may apply at our discretion.

Tall Grass & Overgrowth Trigger: If the property is not in normal maintenance condition (including extended growth, heavy debris, or conditions that increase service time beyond a standard routine visit), the visit may be billed at a Cleanup rate and/or a one-time Reset Charge may apply at our discretion.

If a change in scope, pricing, or service approach is needed, we will contact you in good faith and with the best intention of keeping the property on track and the service aligned with expectations. If we are unable to reach you within 15 minutes of our first call/text attempt while on-site, or if no clear direction is provided, we may demobilize and reschedule the service unless otherwise authorized in writing. Any additional visit, remobilization, cleanup, or reset work may be billed at a fair and appropriate rate.

Flexibility vs. Results (Repeated Skips): We’re happy to accommodate occasional changes with proper notice. However, repeated skipping/rescheduling or missed access disrupts routing and makes it difficult to deliver consistent results at a fair per-visit rate. If this becomes a pattern, Evergreen may (at its discretion) move the property to as-available scheduling or remove it from the recurring route. Re-entry is subject to availability and may require a Cleanup rate and/or Reset Charge if the property is no longer in normal maintenance condition.

Pausing Your Service

  • Residential: You can request to pause and resume your recurring schedule via the client portal. To avoid a Route Disruption/Dispatch charge, kindly provide notice 2 full business days before your next scheduled service window.

    Important: Pauses take effect for the next scheduled visit unless confirmed otherwise in writing.
  • Pause Length & Reset: If service is paused for more than 14 days, a Cleanup rate and/or one-time Reset charge may apply when service resumes if the property is no longer in normal maintenance condition.
  • Commercial/Agreement: Pauses are handled according to your trial or annual agreement terms. Kindly contact your account manager for scheduling adjustments.

3. Cancellation, Demobilization & Refunds

Applies to all recurring maintenance services and approved projects: The notice requirements, access readiness rules, route dispatch policies, project cancellation terms, pause procedures, and termination terms below apply to any property scheduled with Evergreen Outdoor Services, regardless of billing method.

Acceptance of These Terms

By approving an estimate, accepting a service agreement, paying a deposit, submitting payment information, requesting scheduling, allowing Evergreen to reserve route or project capacity, or permitting service to begin, the client agrees to the cancellation, deposit, access readiness, dispatch, demobilization, refund, and final billing terms in this section.

These terms are intended to keep expectations clear before Evergreen commits crew time, management time, administrative preparation, materials, equipment, vendor coordination, subcontractor coordination, delivery, disposal, route space, or project schedule capacity.

Important Billing Clarification

Monthly billing is a payment structure only. Unless a written agreement specifically states that service is month-to-month, monthly billing does not automatically create a month-to-month agreement. Route space, pricing, labor planning, scheduling, and service availability may be based on the full approved service term, recurring route placement, or written agreement.

Notice Requirements for Cancellation, Skips, Pauses & Rescheduling

  • Recurring Services: 2 full business days’ notice is required to skip, reschedule, pause, or cancel a recurring service visit. Business days are defined in the Definitions section of these Terms.
  • Monthly Billed Recurring Clients: If a client is billed monthly, cancellation also requires 2 full business days’ notice before the billing date. The billing date is typically the date service was accepted and the client was placed on the schedule, unless a different billing date was agreed to in writing, such as the 1st, 15th, or 28th of the month.
  • Notice Timing: Messages received after the daily Notice Cutoff are considered received the following business day for notice calculations. The Notice Cutoff is defined in the Definitions section of these Terms.
  • Example: For a Thursday recurring visit, notice is generally required by the applicable Notice Cutoff at least 2 full business days before the scheduled service window. Notice received after that cutoff may be treated as late notice.
  • Projects: At least 14 full business days’ notice is required for cancellation and 7 full business days’ notice for rescheduling. We understand plans can change and will review each request as fairly as possible. Because scheduling, materials, equipment, subcontractors, and project preparation may begin soon after approval, any refund or rescheduling cost will depend on the commitments and expenses already incurred. Rescheduled dates are subject to current availability.
  • Commitments After Project Approval: Once a project is approved, Evergreen may begin planning and preparation right away. This may include administrative setup, scope review, reserving schedule and crew capacity, allocating equipment, coordinating suppliers or subcontractors, sourcing or ordering materials, arranging delivery or disposal, and adjusting other scheduled work.
  • How Project Deposits Are Applied: Project deposits are applied toward real project commitments, including planning, scheduling, crew and equipment allocation, materials, supplier and subcontractor coordination, delivery, disposal, and other preparation required for the approved work. If a project is cancelled, any refund will be based on the funds remaining after completed work and incurred or reasonably committed costs are accounted for.
  • Materials, Stone, Gravel, Soil, Mulch & Non-Perishable Items: Non-perishable materials may still create real costs even if they can technically be returned, stored, or reused. Stone, gravel, soil, mulch, edging, drainage materials, hardscape materials, and similar items may involve sourcing time, supplier coordination, pickup or delivery costs, loading and unloading, fuel, vehicle and trailer wear, restocking fees, storage issues, handling time, and return logistics. These costs may be deducted from any refund or billed to the client if they exceed the deposit collected.
  • Perishables, Sod, Plants & Special-Order Materials: For projects involving perishable, custom, ordered, harvested, pulled, reserved, delivered, or scheduled materials, the deposit will often be non-refundable once those materials have been ordered, harvested, pulled, reserved, scheduled for delivery, scheduled for pickup, or otherwise committed to the project. This includes sod, plants, trees, seasonal color, special-order materials, and similar items that may be non-returnable, time-sensitive, subject to supplier restocking fees, or lose value after purchase or reservation.
  • Supplier, Restocking, Return & Handling Costs: If any supplier, nursery, subcontractor, disposal provider, delivery company, or vendor charges cancellation, restocking, handling, delivery, pickup, storage, return, or disposal fees, those costs may be deducted from any refund or billed to the client if they exceed the deposit collected.
  • Good-Faith Refund Review: Evergreen aims to be fair and reasonable when reviewing cancellation requests. Refund decisions are based on recoverable funds after committed costs, incurred expenses, reserved schedule capacity, materials, and operational impacts are reviewed. Refunds are not guaranteed after project approval, and any exception must be approved by Evergreen Outdoor Services in writing.

Clarity: Skipping or rescheduling changes a visit date. Pausing removes the property from the recurring route schedule until service is requested to resume. Resuming service is based on route availability, property condition, and scheduling capacity. If the property becomes overgrown, blocked, neglected, unsanitary, or outside normal maintenance condition during a pause, a Cleanup rate, Reset Charge, or separate cleanup estimate may apply before regular recurring service resumes.

Access Readiness, Pets, Sanitary Conditions & Route Dispatch

Clients are responsible for making sure the property is ready, safe, sanitary, and accessible before the scheduled service visit. This protects crew health, equipment cleanliness, service quality, and mutual respect between the client and Evergreen’s team.

  • Access Readiness: Clients are responsible for providing unlocked gates, secured pets, accessible parking or service areas, cleared obstacles, marked utilities when requested, visible hazards disclosed, and any required site instructions before dispatch.
  • Locked Gates or Blocked Access: If we arrive and cannot complete service because of locked gates, blocked access, parked vehicles, secured areas, pets, unsafe conditions, excessive debris, or missing instructions, the visit may be treated as a late-notice disruption.
  • Pets: Pets must be secured before service. If pets are loose or the crew believes the condition is unsafe, Evergreen may skip the visit, complete only accessible areas, or reschedule based on route availability.
  • Pet Waste & Sanitary Conditions: Clients are responsible for keeping service areas reasonably clear of excessive pet waste, animal waste, trash, sharp objects, hazardous items, or unsanitary conditions before service. This protects crew health, equipment cleanliness, and the quality of service provided. If excessive pet waste or unsafe sanitary conditions are present, Evergreen may skip affected areas, complete only accessible areas, reschedule, or apply a cleanup, sanitation, or route disruption charge.
  • Repeated Pet Waste or Sanitary Issues: If excessive pet waste or unsanitary conditions occur repeatedly, Evergreen may pause service, require the property to be cleaned before the next visit, charge a Cleanup or Reset Charge, or cancel service. This policy exists to protect our crews, maintain clean equipment, and keep the service relationship respectful and workable for both sides.
  • Utilities, Irrigation & Hidden Conditions: If utilities, irrigation, shallow sprinkler lines, drainage components, lighting, cables, or other hidden systems may affect the work, the client is responsible for disclosing and marking them before service when applicable.
  • Site Readiness: If the site is not ready for the approved work, Evergreen may delay, reschedule, partially complete, or decline service for that visit. Additional charges may apply based on dispatch, labor, equipment, cleanup needs, sanitation needs, and scheduling impact.

Route Disruption, Dispatch & Demobilization Charges

These charges help cover operational costs associated with adjusting a confirmed schedule, dispatching a crew to a property that is not ready, or reserving crew time, equipment, materials, and route space that cannot be reasonably reallocated on short notice.

  • Recurring Services: To help us keep your service dependable and your route running smoothly, please provide at least 2 full business days’ notice for skips, rescheduling, or access changes. If less notice is provided, or if our crew arrives and cannot safely or reasonably complete the visit because the property is inaccessible or not ready, a $50 route disruption charge may apply to account for the reserved crew time and scheduling impact. This includes locked gates, unsecured pets, blocked service areas, excessive pet waste, unsafe or unsanitary conditions, or missing access instructions.
  • Partial Completion: If part of the property is inaccessible or not ready for service, we may complete the areas that can be serviced safely and bill the visit as scheduled. Any return trip needed for skipped or inaccessible areas may be scheduled separately and charged accordingly.
  • Projects: If a project requires dedicated crew time, equipment, subcontractor coordination, material coordination, or causes route disruption, and is canceled or rescheduled with insufficient notice, or if the site is not ready after dispatch, a demobilization/time-allocation charge may apply based on reserved crew capacity and actual incurred or reasonably committed costs. These may include labor, equipment mobilization, administrative time, management time, materials, supplier charges, restocking charges, subcontractor charges, delivery, disposal, and scheduling impact.
  • Project Cancellations and Rescheduling: Project notice periods are measured from the date Evergreen receives the request to the scheduled project start date. Cancellation requests require at least 14 full business days’ notice, and rescheduling requests require at least 7 full business days’ notice. Requests received with less notice may substantially reduce or eliminate any available refund and may result in applicable charges based on project resources already incurred or reasonably committed.
  • Cancellation With Fewer Than 14 Full Business Days’ Notice: When cancellation notice is received fewer than 14 full business days before the scheduled project start date, the project deposit is generally non-refundable once project resources have been reserved or committed. Evergreen will still review each request in good faith based on the work completed and the costs or commitments already incurred or reasonably committed. If those amounts exceed the deposit collected, the remaining balance will be due.
  • Cancellation With 14 or More Full Business Days’ Notice: Requests received at least 14 full business days before the scheduled project start date will be reviewed in good faith. Any refund will be limited to the amount remaining after completed work and incurred or reasonably committed costs are accounted for, including planning, reserved schedule capacity, materials, supplier or subcontractor commitments, and related logistics.
  • Rescheduling With Fewer Than 7 Full Business Days’ Notice: Rescheduling requests received fewer than 7 full business days before the scheduled project start date may result in charges based on labor, materials, equipment, delivery, supplier, subcontractor, administrative, and scheduling commitments that cannot reasonably be recovered or reassigned. Any new project date is subject to current availability.
  • Reasonable Communication: When reasonably possible, Evergreen will notify the client before applying a project demobilization or time-allocation charge. However, charges may still apply when costs, commitments, or route disruption have already been incurred.

Annual, Commercial & Term-Based Recurring Agreements

Some recurring services, especially commercial accounts, HOA accounts, property-managed accounts, estate maintenance, premium recurring properties, and annual maintenance agreements, may be structured as term-based agreements. In those cases, route space, pricing, labor planning, and service availability are reserved based on the full approved term.

  • Monthly Billing Does Not Equal Month-to-Month: If an annual, 12-month, seasonal, or fixed-term agreement is billed monthly, the monthly billing is only the payment schedule. The underlying service commitment remains based on the approved term unless Evergreen agrees otherwise in writing.
  • Early Termination Charge: If a term-based recurring agreement is ended early for any reason not caused by Evergreen’s uncured material breach, an early termination charge may apply. Unless a separate written agreement states otherwise, the early termination charge is equal to three months of service payments.
  • Purpose of Early Termination Charge: This charge is intended to reasonably account for difficult-to-measure operational losses, including reserved route space, scheduling disruption, administrative time, pricing concessions based on expected term, labor planning, declined work opportunities, and route density impact.
  • Examples of Early Termination Events: Early termination may include, but is not limited to, lease termination, relocation, business closure, sale of business, sale of property, ownership change, landlord change, property management change, tenant replacement, internal restructuring, loss of approval by a board or manager, decision to discontinue service, or transfer of property responsibility to another party.
  • Final Decision-Maker Review: Final decision makers should review and approve the service scope, billing structure, cancellation terms, early termination terms, and route commitment before pricing, scheduling, or route space is reserved.

Ownership, Tenant, Manager & Property Transfer

Recurring agreements do not automatically transfer to a new landlord, owner, tenant, buyer, property manager, board, management company, or successor party unless that party accepts the agreement in writing and Evergreen Outdoor Services approves the transfer in writing.

  • Existing Client Responsibility: The original client remains responsible for open balances, approved charges, cancellation requirements, and any applicable early termination charge unless Evergreen approves a written transfer or release.
  • Property Sales & Residential Transfers: Sale of a residential property does not automatically cancel an active recurring service arrangement. The selling client must provide proper written notice, settle open balances, and follow the applicable cancellation or transfer process.
  • Commercial Transfers: Commercial accounts affected by lease changes, ownership changes, business sales, management transitions, or tenant changes must notify Evergreen as early as possible. Service may be paused, transferred, repriced, or terminated based on route fit, account status, and written approval.

Courtesy Waiver, When Appropriate

Evergreen aims to be fair and reasonable. At management discretion, we may waive one Route Disruption/Dispatch or Demobilization charge per property per calendar year as a courtesy for long-term clients in good standing.

This courtesy is not automatic and may be declined. It does not apply to repeated issues, chronic rescheduling, missed access, pet waste issues, sanitary issues, site-readiness problems, active past-due balances, material commitments, subcontractor charges, commercial agreement termination, annual agreement termination, or situations where Evergreen has already incurred significant costs.

Fair Refunds & Final Billing: If work is paused or ended after it begins, Evergreen will review the account in good faith. Final billing or any applicable refund will be based on the work completed and the costs already incurred or reasonably committed, including planning, labor, materials, equipment, supplier or subcontractor commitments, delivery, disposal, and scheduling impact. If these costs exceed the payments received, the remaining balance will be due. Recurring maintenance is billed per completed visit unless otherwise agreed in writing. Late schedule changes, access or site-readiness issues, pauses, or additional work needed to return a property to normal maintenance condition may result in the applicable charges outlined in these Terms.

4. Payment Terms

Service Completion & Acceptance

For recurring route service, service is considered completed when the scheduled work is performed during the applicable service window. For project work, service is considered completed when Evergreen completes the approved scope. Evergreen’s internal documentation, including GPS timestamps, crew notes, or photos, serves as confirmation of completion for billing purposes. If requested within 7 calendar days of the service date, we can provide a completion photo or timestamp record as verification when available.

For Projects & One-Time Services

  • Deposit (50%): Reserves project capacity and is applied toward planning, scheduling, labor allocation, materials, equipment, supplier or subcontractor coordination, delivery, disposal, and other approved project commitments.
  • Final Payment (50%): Due in full the same day Evergreen completes the approved scope of work, unless a different written payment schedule was approved beforehand. We understand that questions or concerns may occasionally arise at completion, and Evergreen will review all timely concerns carefully and in good faith. To keep the project closeout clear and fair for both parties, post-completion concerns do not change the amount or due date of the final payment. Any item confirmed to fall within the approved scope and Evergreen’s responsibility will be reasonably addressed.

Project Completion: Once Evergreen completes the approved work, the remaining balance is due in full that same day unless a different written payment schedule was approved beforehand. Larger projects may use an approved payment schedule, such as 50% upfront, 25% during the project, and 25% at completion.

Evergreen is responsible for managing and completing the approved work, so clients do not need to supervise the crew or provide daily direction. However, the client or an authorized decision-maker must remain reasonably available by phone or text during business hours on the scheduled service day, including any reasonable schedule adjustment caused by weather, access, supplier availability, or other unexpected conditions. If an issue or requested change materially affects the approved scope, materials, layout, price, schedule, access, or work already completed, Evergreen may pause the affected work until a timely decision or written approval is received. Added or changed work will proceed only after Evergreen management confirms any updates to the scope, price, schedule, or payment terms. Delayed decisions or unavailable access may result in schedule changes, demobilization, additional labor or material costs, updated pricing, or other applicable charges, and work may resume based on current availability.

If the needed access, decision, or written approval is not provided within 5 full calendar days after written notice, the project may be treated as delayed or stopped at the client’s direction. The deposit may then be applied toward work already completed, materials ordered or reserved, crew and equipment time, project preparation, schedule disruption, and other costs already incurred or committed. Any remaining balance will be invoiced.

If Evergreen agrees to reschedule the project, the new date will depend on current availability and may be subject to applicable charges and updated pricing. Any requested completion walkthrough must be scheduled within 48 hours. A walkthrough does not change the project completion date, final balance, or payment due date.

Service Direction & Site Conduct: Evergreen manages the approved work from start to finish. Any addition, removal, substitution, or other material change must be reviewed and approved in writing by Evergreen management before it is made. Requests made directly to the crew or at the property do not change the approved scope, price, or schedule unless Evergreen management confirms the change in writing.

Evergreen may pause work or leave the site if communication, access, or project direction becomes unclear, unavailable, or conflicting, or if any person interferes with the crew’s ability to complete the approved work safely and properly. This applies whether the issue is intentional or simply the result of a communication breakdown. After reviewing the situation, Evergreen may agree to resume the project under clear written next steps or may decline to continue if the issue remains unresolved, these Terms have been violated, or continuing the project is no longer safe or reasonably workable. If Evergreen agrees to resume, work will restart only after Evergreen confirms the next steps, subject to current availability, applicable charges, and any needed written updates to the scope, price, schedule, or payment terms. Pausing or ending the project does not waive payment for completed work or costs already incurred or committed.

For Recurring Services

Card on File (Required): Recurring service requires auto-pay (card on file) to remain on the route. Unless otherwise stated on your estimate, charges are processed after each completed visit (typically same day or next business day). For estimates or service packages that state monthly billing, charges will be processed according to the billing structure listed on the estimate. Your rate is based on your selected frequency, reserved route placement, and normal maintenance condition, not on exact minutes on-site.

Billing Structure (Recurring): Unless otherwise stated on your estimate, recurring maintenance is billed per completed visit at the agreed per-visit rate. If your accepted estimate specifically provides for monthly billing, charges will instead be processed monthly according to that estimate. Your billing date is typically the date you were first placed on our schedule, unless a different date was clearly stated or agreed to in writing. For example, if you were placed on the route on the 7th, your monthly billing date will typically be the 7th of each month. Monthly billing helps reserve your place on the route and support your agreed service frequency, even though exact visit timing may occasionally shift due to weather, holidays, access, or route flow. Service remains route-based and is completed within your normal service window, including the day before or next available date when needed.

  • Weather & Route Adjustments: Weather can shift the exact visit day within your service window (or to the next available date). These adjustments do not change the agreed billing structure on your estimate; you are billed according to the accepted per-visit or monthly service arrangement.
  • Schedule Changes (Recurring): To avoid a Route Disruption/Dispatch charge and keep your route efficient, skip, reschedule, or pause requests must be received 2 full business days before your scheduled service window (and are subject to the Notice Cutoff in the Definitions section). For monthly billed clients, cancellation requires 2 full business days’ notice before the billing date, which is typically the date service was accepted and the client was placed on the schedule, unless a different billing date was specifically agreed to in writing.
  • Card Processing: Auto-Pay (Card on File): No processing fee. Manual Invoices / Phone Payments: Payments made outside of auto-pay carry a 3% processing fee.

Payment Failures: If a card fails, we’ll notify you by text/email. If payment isn’t updated within the grace period, service may be paused until the balance is resolved. Your route placement may be removed, and scheduling is not guaranteed until payment is brought current.

Billing Disputes & Reversals

Billing disputes or payment reversals must be submitted in writing by email or text within 7 calendar days of the service date (or the last day of the scheduled service window for route-based recurring service) using the contact information listed on your invoice/estimate. If not submitted within this timeframe, the service and charge are deemed accepted as performed. Reversals filed after this window will be treated as non-payment and handled under the late-payment and collections terms outlined below. If a dispute is decided in our favor, the customer agrees to reimburse all reversal fees and reasonable administrative costs. Billing for recurring maintenance is processed per completed visit (typically same day or next business day), unless otherwise stated in writing. For recurring services billed monthly, charges are processed according to the accepted monthly billing structure listed on the estimate. The customer agrees to pay all amounts due under the applicable payment terms while Evergreen investigates any timely concern in good faith.

Resolution Before Reversals: If there’s a concern, kindly contact us first by text/email so we can investigate with notes/photos/time-stamps and make it right when appropriate. This helps avoid processing fees and prevents delays to our route scheduling and overall client experience.

Late Payments & Collections

Recurring: If a card charge fails, there is a 3-calendar-day grace period to update payment. If the balance remains unpaid after the grace period, a $40 late charge will apply. An additional late charge of up to $40 may apply every 14 calendar days while the balance remains unpaid. For monthly billed recurring services, this timeline begins on the date of the first failed monthly charge attempt. For per-visit recurring services, it begins on the date of the first failed charge attempt for the completed visit. All late charges, interest, and other amounts charged because payment is overdue will be limited to the maximum amount permitted under Texas law.

Projects: Final balances have a 3-calendar-day grace period after the payment due date. If the balance remains unpaid after the grace period, a late charge of $50 or 5% of the outstanding balance, whichever is greater, will apply. An additional late charge of up to $50 or 5% of the outstanding balance, whichever is greater, may apply every 30 calendar days while the balance remains unpaid. Accounts more than 7 calendar days past due may be subject to work stoppage or withholding of any optional warranty or plant guarantee, as permitted by law. All late charges, interest, and other amounts charged because payment is overdue will be limited to the maximum amount permitted under Texas law.

Collections Costs: If an unpaid balance is sent to collections or legal resolution, the customer agrees to pay reasonable collection costs, filing fees, and administrative time as allowed by law and consistent with Section 9.

5. Estimate Validity & Pricing

How Long an Estimate Is Valid

Unless the estimate states a different expiration date, estimates for work that can change quickly with property growth are valid for 5 calendar days from the date sent. This includes lawn maintenance, property or lawn cleanups, garden-bed cleanups, mulch installation, shrub trimming, overgrowth work, and similar services.

Unless the estimate states otherwise, estimates for more stable project work are valid for 14 calendar days from the date sent.

If an estimate includes its own expiration date or validity period, the date shown on the estimate will apply. After an estimate expires, Evergreen may review the property condition, approved scope, access, material costs, availability, and scheduling before renewing or updating the estimate.

Pricing and scheduling are secured only after the estimate is accepted and any required upfront payment is received.

6. Unanticipated Circumstances & Utilities

Utilities & Private Line Protection

Evergreen Outdoor Services, LLC will contact 811 for utility marking only when required by law (excavation/trenching). For all other services:

  • Client Responsibility: It is the client’s sole responsibility to identify and mark all private lines (irrigation, low-voltage lighting, drainage, fiber optic). Private markings must be completed prior to the service date to ensure crew safety and site readiness. If private lines are not marked prior to arrival and the crew cannot proceed safely, service may be rescheduled and a dispatch charge may apply.
  • Liability Waiver: We are not responsible for damage to unmarked, improperly installed, or unknown private lines. This includes repairs, diagnostics, or delays caused by unmarked private lines.
  • Storm Cleanup Exclusion: Routine maintenance does not include storm cleanup unless specifically quoted.

Work Stoppage & Demobilization

To avoid surprises and protect your budget, some unanticipated conditions may not be discoverable until work is underway (hidden obstacles, buried debris, shallow lines, or installation conflicts).

Decisions are requested within 60 minutes of our first call/text attempt (timestamped) while the crew is on-site. If no decision is made, we may demobilize and a dispatch/demobilization charge may apply as outlined in Section 3.

6A. Living Plant Material: Sod, Plants, Trees & Shrubs

Sod, plants, trees, shrubs, flowers, and other living materials are natural products. Evergreen Outdoor Services installs and handles living materials using professional practices, quality materials, and reasonable care. However, their ongoing health, color, growth, establishment, and long-term survival are affected by factors outside of installation workmanship.

Factors Outside Evergreen’s Control: Living material may be affected by weather, extreme heat, drought, excessive rainfall, irrigation coverage, watering consistency, drainage, soil conditions, disease, fungus, insects, pests, pet activity, wildlife, shade, foot traffic, chemical exposure, mowing practices, maintenance practices, and other environmental or site conditions.

Living Material Guarantee: Unless expressly stated in writing on the accepted estimate or service agreement, Evergreen does not guarantee the long-term health, color, establishment, or survival of sod, plants, trees, shrubs, flowers, or other living materials after installation.

Evergreen’s responsibility is limited to performing the approved installation in a professional and workmanlike manner using appropriate materials and accepted installation practices. Concerns involving living material will be reviewed based on documented workmanship, installation photos, completion records, care instructions provided, site conditions, and any other available information.

Client maintenance after installation is important and can strongly influence results. This may include proper watering, irrigation monitoring, mowing timing, avoiding traffic on newly installed areas, pest or disease monitoring, and following any care instructions provided.

However, even when care instructions are followed, living material may still be affected by factors outside Evergreen’s control, including extreme heat, insufficient rainfall, excessive rainfall, drainage conditions, soil conditions, grubs, insects, fungus, disease pressure, wildlife, pet activity, shade, and other environmental or site conditions. These factors may affect results and are not considered installation defects.

7. Client Readiness & Responsibilities

  • Access: Gates must be unlocked and work areas accessible (vehicles moved, furniture cleared).
  • Pet Safety: Pets must be secured. We are not responsible for pets that exit through an open gate during service.
  • Hazard Removal: Clear the yard of toys, hoses, and pet waste. We are not responsible for damage to items left in the workspace or damage caused by undisclosed hazards.
  • Compliance: Local water ordinance compliance is the client’s responsibility unless specifically contracted.

8. Insurance & Liability Limits

  • General Liability Insurance: We carry liability insurance for your peace of mind.
  • Satisfaction Guarantee: Kindly report any service-quality concern within 7 calendar days of the service date. We will review it promptly and reasonably address any item confirmed to fall within the approved scope and Evergreen’s responsibility.
  • Liability Limit: To the extent permitted by law, our maximum liability is limited to the cost of the specific service performed.
  • Force Majeure: We are not liable for delays caused by nature, government action, or events outside our reasonable control.
  • Consequential Damages: In no event shall Evergreen Outdoor Services, LLC be liable for indirect, incidental, or consequential damages (including but not limited to lost profits, lost use, or emotional distress).

10. Entire Agreement

These Terms & Conditions, together with your accepted estimate, invoice, proposal, or other written scope of work (collectively, the “Service Documents”), form the entire agreement between you and Evergreen Outdoor Services, LLC (“Evergreen”). They replace all prior discussions, texts, calls, or understandings relating to the same services.

No verbal modifications. Any promise, change, waiver, or addition is only valid if confirmed in writing by Evergreen (text or email is acceptable). If any Service Document conflicts with these Terms, the Service Document governs only for that specific scope or line item; all other Terms remain in effect.

Updates & Version Control: Evergreen may update these Terms from time to time. For projects and one-time services, the version in effect when the estimate is accepted will apply unless both parties agree otherwise in writing. For recurring services, the version in effect when service begins will apply, subject to any later updates communicated to the client with reasonable notice. Project-specific terms stated in an accepted Service Document will continue to govern that specific scope.

Thank You: By accepting an estimate, scheduling service, authorizing work, or submitting a deposit, you confirm you’ve reviewed and agree to the Service Documents and these Terms—helping us deliver dependable, high-quality service for our community.