Terms of Service
Services
“Mow Basic” – includes mowing, blowing, weed eating and edging all turf areas.
“Mow PLUS” – includes mowing, blowing, weed eating, edging all turf areas, hedge trimming, and pruning.
“Mow Premium” – includes mowing, blowing, weed eating, edging all turf areas, hedge trimming, pruning, lawn/bed clean-up, fertilization, and weed control
Services outside of our standard lawn care services listed are considered add-ons.
Due to uncontrollable conditions such as weather and traffic delays, we cannot specify an exact time of service and reserve the right to change the scheduled date.
Frequency
We will quote you a price on the frequency that you choose. If we need to increase the frequency, we will contact you first for approval.
Service Day
Typically your service day will be the same each week. If you need to cancel or skip your service for any reason, we need notice before 3 PM the day before — Our schedules are finalized each day at 3:00 PM for the next day’s service. If your service day is Monday, a skip or change must be communicated before 3:00 PM on the Friday BEFORE.
In the event of inclement weather, we may have to schedule later in the week.
Invoicing
Billing for all services is invoiced/charged on the Monday following the week the service was rendered.
Declined Cards
If your payment declines, we will try the card again the day before your next scheduled lawn mowing service or for the next 30 days. If the payment is declined a second time, we will need to cancel future services until the card is updated.
Late Fee
If an account is more than 30 days past due a late fee will be accessed. Multiple attempts to contact the customer will be made prior to accessing a late fee.
Collections
After a customer account has been delinquent for 30 days, services will be paused. Once paused, the customer will not receive any future service. The account record and delinquent balance are then passed on to a third party collection agency. Reactivation of the customer’s account past the 30 day period will require paying the one-time service reactivation fee.
Disabled Account
Sharper Image Turf charges a $50.00 late fee for accounts 31 days past due.
Chargebacks
If a customer initiates a chargeback Sharper Image Turf will suspend the account until the matter is resolved. Chargebacks to avoid payment will result in a $75 fee to the customer.
Refunds
Sharper Image Turf does not issue refunds unless received during the money back guarantee period. Account credits will be issued as a result of an error in billing or services rendered.
Cancellations
All cancellations must be made verbally through a Sharper Image Turf account representative. The representative will email you a cancellation form. Once complete your account will be immediately closed. Completion of the form is required to ensure we have your permission to close your account. Upon completion, you will receive a dated confirmation email for your records. Email cancellations are not accepted for security reasons (such as fraudulent cancellations). All cancellations will take effect upon completion of the online cancellation form.
Please note: Initial services are provided to ensure the property is up to standards before maintaining. If no initial is set, an upcharge will be processed from the difference of original per service cost and the initial cost in the case where a cancellation occurs prior to 4 consecutive services. This can be on a bi-weekly or weekly scheduled account.
Canceling a credit card does not constitute a cancellation.
Canceled accounts with balances must be settled in full before the account will be permanently closed.
Once you cancel your account you will not be charged again.
Client Responsibility
Client agrees to pay charges specified during their initial signup. The client is not required to be at the home while service is performed but the service area must be accessible and free of obstructions. Prior to scheduled visits, we ask that all pets must are secure.
Gate Access
If you prefer to unlock your gate(s), please ensure they are open on your designated service day. If our service crew arrives and any gate is locked, they will only mow the areas they can access. There could be an upcharge for overgrown grass if we cannot regularly access an area. We recommend you install combo locks so we can give the code to our crew on your service day.
Mowing
If you cancel after receiving one service visit under a weekly, bi-weekly or tri weekly frequency, a one-time mowing rate will apply (based upon our hourly rate of $100/hr for a crew). We will bill the upcharge separately if billing was completed before cancellation.
Notice of Damage
The client must notify Sharper Image Turf within 24 hours of any damage by calling (205-410-6783) or emailing (info@sharperimageturf.com) during the business hours of M-F / 8-4.
Satisfaction
We are dedicated to delivering quality service to your complete satisfaction. If you feel that our work is not satisfactory, or you think that we did not show up, simply call or e-mail a short and courteous request with pictures and we will send our lawn mowing crew back to re-service your lawn at no additional charge – either the same day or as scheduling permits!
All request must be within 24 hours for the service visit in question.
Complaints
Any complaints, questions or concerns must be communicated with our office within 24 hours of the service in question. We also require one or more pictures be emailed to info@sharperimageturf.com to properly address the issue with our crew and before any credits will be issued. We try to send our crew back to correct issues reported before your next service date whenever possible.
Any complaints, questions or concerns that are not communicated within 24 hours of your last service will be addressed on your next scheduled service.
Guarantee
Maintenance price is guaranteed for the term of one year.
Limitations of Liability and Indemnification
Exclusion of Certain Liability.
To the extent permitted by applicable law, Sharper Image Turf , it’s affiliates, officers, employees, agents, suppliers, and licensors will not be liable for (A) any direct, indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (B) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the service and terms, and whether based on contract, tort, strict liability, or any other legal theory, even if Sharper Image Turf has been advised or the possibility of such damages and even if a remedy fails of its essential purpose.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF SHARPER IMAGE TURF , ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO SHARPER IMAGE TURF FOR USE OF THE SERVICE AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
Consumers
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
Businesses
If you are a business, you will indemnify and hold harmless Sharper Image Turf and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with (a) the unauthorized or illegal use of the Service by you, (b) your noncompliance with or breach of this Agreement, (c) your use of third-party products, or (d) the unauthorized use of the Service by any other person using your account information.
Legal Disclaimers
Sharper Image Turf, nor it’s owners / operators individually, are not responsible for your actions. You are solely responsible for your own moves and decisions. You agree that Sharper Image Turf and it’s owners / operators individually are not liable to you in any way for your results based on your experience or carelessness on a job while providing a service. See our Terms & Conditions for our full disclaimer of liability and other restrictions.
Cooperation by Sharper Image Turf
With respect to claim described above, we will (a) notify you in writing within 30 days of our becoming aware of any such claim; (b) give you sole control of the defense or settlement of such a claim; and (c) provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim.
Settlement
You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Other Terms
Assignment
You may not assign these Terms without Sharper Image Turf’s prior written consent, which may be withheld in Sharper Image Turf’s sole discretion. Sharper Image Turf may assign these Terms at any time without notice to you.
Entire Agreement
These Terms (including any applicable Additional Terms) constitute the entire agreement between you and Sharper Image Turf, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral, concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Service, do not override or form a part of these Terms, and are void.
Applicable Law and Forum/Venue
You are contracting with Sharper Image Turf Care, LLC and this Agreement is governed by the laws of the State of Alabama, U.S.A. without reference to conflicts of law principles. Both parties consent to the exclusive jurisdiction and venue of the state and federal courts in Birmingham, Alabama, U.S.A. for all disputes arising out of or relating to the use of the Service or this Agreement.
Independent Contractors
The relationship between you and Sharper Image Turf is that of independent contractors, and not legal partners, employees, or agents of each other.
Interpretation
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
No Waiver
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Precedence
To the extent any conflict exists, any relevant Additional Terms will prevail over these TOS with respect to the services to which the Additional Terms apply.
Severability
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of the terms will remain in full effect.
Third Party Beneficiaries
There are no third party beneficiaries to these Terms.
General Terms
Sharper Image Turf may remove content and accounts that we determine in our sole discretion are unlawful or violates these Terms of Service.
You understand that verbal, written or other abuse (including threats) of any Sharper Image Turf employee will result in immediate account termination.
You expressly understand and agree that Sharper Image Turf will not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) statements or conduct of any third party on the service; (ii) or any other matter relating to the service.
The terms of service constitute the entire agreement between you and us and govern your use of the service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the terms of service).