Terms and Conditions

Updated 9-8-2025

These Terms and Conditions are required for the protection of both parties.

 All prices reflect services and descriptions in their entirety mentioned in this contract. As the project progresses and both parties find other areas of attention needed – All separate work not listed in contract will be at an additional charge requiring approval by both parties. The contractor shall recognize and perform in accordance with written terms, written specifications and drawings only, contained or referred to herein. Contractor reserves the right to renegotiate the contract when price or scope of work is affected by changes to any local, state, or federal law, regulation or ordinance that goes into effect after the agreement is signed.

If digging is required, Texas 811 will be contacted by our office prior to our arrival. We cannot begin digging until all notified utility owner members have provided a positive response to ticket. If lines are not marked, projects may be delayed. “Evee’s Eden” is not responsible for unmarked/privately owned lines that are damaged due to digging. These may include but are not limited to; invisible fencing, sprinkler systems, well and septic systems and their power or electric service, water and sewer pipes from the meter to your home, etc. If you have private underground lines and want them located, you should contact a private locating company prior to our service.

Any items not described by this contractor that go beyond the scoped described will be completed by an agreed price. Such items will be completed with a change order
approved by owner/client/general contractor.

 
By signing or agreeing to services/contracts buyer gives permission to contractor to use any pictures that may by taken of completed project for advertising or any other purpose the contractor may deem appropriate.

Inaccessible Yards: Once the service team arrives we begin our systematic approach to servicing your lawn. In order to provide timely, efficient and dependable service WE DO NOT CALL OR KNOCK on the door if a yard is inaccessible. Our team will note the work order the reason why an area was not serviced. We do not offer credits or redo’s for missed areas due to inaccessible yards. 

Inaccessible Yards include but are not limited to: locked gates; broken gates; ongoing projects; moving vans; too many parked cars; pets outside; outdoor parties; irrigation running; construction material or workman in a yard.

General Terms and Conditions

A. Workforce: Contractor shall designate a qualified representative/foreman with experience in the services being provided. The workforce is to be personably presentable at all times. All employees shall be competent, uniformed and qualified.
  

B. Materials: All materials shall conform to bid specifications.
   

C. Taxes: Contractor agrees to pay taxes applicable to its work under this contract, including sales tax on material supplied where applicable.
  

D. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker’s Compensation Insurance, and any other insurance required by law. Certificates can be sent per request.

E. Liability: It is understood and agreed that the Contractor is not liable for any damage of any kind whatsoever that is not caused by the negligence of the Contractor, it’s agents or employees. All areas/services covered under this agreement will be completed using the utmost care and attention to detail, however, “Evee’s Eden” will not be held liable for any injury / death caused by conditions to any persons that are not “Evee’s Eden” personnel.  We are very careful when we service your lawn, but if a covered incident does happen, we will repair the damage. Contact us immediately, no later than 24 hours after the service where damage occurred. If you have a covered claim the submission of sufficient evidence is required, receipt for the item, photos of the damage, contractor may require a review of the item to evaluate the damage. If we are required to move objects to service your lawn and/or landscape, we cannot guarantee they will be put back in the correct place. 

F. Subcontracts: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment. In most instances, client will be notified when subcontractor is required.
   

G. Invoicing: Contractor will submit invoice upon completion. Any services rendered, that are in addition to or beyond the scope of work required by this agreement shall be separately billed.

H.  All turf areas will be mowed to maintain with blades set at height of 3.5''- 4.5''   throughout the mowing season - unless requested otherwise. All mower blades are to be sharp to ensure smooth cutting of the grass blades. If we feel your turf is not in need of service due to conditions of the turf, we will not perform the service. In conjunction with each mowing, trimming will be performed around all objects in the turf areas, such as trees, utility boxes, light posts, shrubbery beds, etc.  All sidewalks, asphalt paths and concrete curbs shall be neatly edged to produce a clean sharp line of turf. Grass clippings will be blown from the  sidewalk, curbs, parking areas with each mowing.

I.  Rain: IF IT RAINS AT ANY POINT DURING THE WEEK – ESPECIALLY FOR ONE FULL DAY – ALL PROPERTIES SCHEDULED FOR THAT DAY ARE PUSHED TO THE FOLLOWING DRY DAY (UNLESS MULTIPLE DAYS OF RAIN OCCUR). WE DO NOT SEND TEAMS OUT ON SUNDAYS. Services completed the following day after a storm come with certain challenges, especially in the Spring when grass is growing faster than we can cut it (it has rained every week so far, this season). Quality may be compromised after a rainstorm, however, we do the best we can, within reason, given the conditions.

J.  Tall Grass: When you sign up for service it is assumed that your lawn is not  overgrown; and prices are based as such. It takes substantially longer to mow an overgrown lawn and prices may vary based on condition of lawn at time of first service.   

Client Responsibility

A.  Hoses, toys, and other items left on lawn: we are not responsible for damage to items left on the lawn. The teams do their best to avoid running over hoses, toys, paper, dog bones, etc. These items are sometimes difficult to see, so, please, take a moment and collect all objects on the lawn before the service team arrives.

B.  Pet Waste: Please remove pet waste from lawn prior to mowing service. 

​

C. Utilities: All utilities shall be provided by the Owner/Client. “Evee’s Eden” is not responsible for unmarked/privately owned lines that are damaged due to digging. These may include but are not limited to; invisible fencing, sprinkler systems, well and septic systems and their power or electric service, water and sewer pipes from the meter to your home, etc. If you have private underground lines and want them located, you should contact a private locating company prior to our service.
  

D. Access to Jobsite: Owner/Client shall furnish access to all parts of jobsite where contractor is to perform work as required by this agreement or other functions related thereto, during normal business hours and other reasonable periods of time, and in the case of after-hours emergencies.
  

E. Payment: In addition to signed agreement, projects totaling more than $700.00 in cost may require a 1/3 deposit to schedule the work. In some instances, 2/3 of payment will be required once project is 50% completed. Owner/Client shall review final invoices submitted by Contractor and payment shall be due upon receipt. After twenty (20) days of non-payment, 1.5% could be added weekly to invoice for late fees. Contractor may cancel initial agreement by giving seven (7) days written notice for nonpayment, after the payment is delinquent.
   

F. Notice of Defect: The Client has a responsibility to inspect the property within 24 hours after “Evee’s Eden” has completed any services. If the Client is dissatisfied with any work performed, immediately contact  “Evee’s Eden” within those 24 hours. If “Evee’s Eden” is not made aware of the dissatisfaction or errors within 24 hours of completion, under this agreement all work performed shall be considered satisfactory.Owner/Client to give at least fourteen(14) days, depending on urgency of repair. Contractor will not accept any deduction or offset unless such written notice is given.

G. Combination Locks: With a combination lock we can guarantee your peace of mind and insure our ability to service your property. If you already have a combination lock let us know and we’ll keep the number on file.

​

H.  Locked Gates: Our service teams are careful about locking and closing gates, if security is a concern, please make a quick check of the gate and lock for closure after our service to ensure the gate is secured and please contact us if you find the gate/lock open, we will remind the service team to lock every time! However, we cannot guarantee a gate will latch and the lock is in place. You accept our service with these terms.

​

I.  Pets: Our service teams love pets; not all pets love us! We are careful about locking and closing gates, but, we cannot guarantee a pet will not escape. We recommend keeping your pets inside on service day and check the gate for closure after service to ensure it is latched before releasing your valuable pets into the yard.

Warranty Information

Sod Installations: Sod is NOT covered under warranty. Sod is guaranteed fresh upon arrival. Sod must be watered daily for a minimum of two weeks then as needed for best results. It is critical that sod is installed within 24 hours of purchase. Additionally, sod MUST be watered within 1 hour of install and hose/water must be accessible for our team upon install. The hot summer sun will dry and kill unrolled or cut sod quickly if not provided water. It is best to set up a sprinkler and commence watering as soon after install. Please inquire for further tips/information. 

Seed Application: seed is NOT guaranteed as area covered must be watered daily for at least two weeks then as needed during growth process. Inquire within regarding watering tips.

Plants: Transplanted plants are not warranted by “Evee’s Eden”. Newly installed Plants purchased/delivered by “Evee’s Eden” will be warranted for three (3) months against diseases, funguses or improper Installation - one (1) replacement labor not included. “Evee’s Eden” does not guarantee planted materials against the following; neglect, over watering, under watering, abuse, vandalism, extreme weather, animals, vehicular or pedestrian traffic, or work done by others.
   

Hardscaping: All hardscaping work (paver installs, retaining walls, stone installations, etc.) are backed by a one year warranty of installation by “Evee’s Eden” and Hardscape materials, such as but not limited to; retaining wall blocks, brick and pavers are guaranteed to be installed properly and are of good quality when installed (concrete not included – see below). Product warranty not offered for natural products such as timbers or natural stone (flagstone, boulders, travertine, etc.) as these are natural materials. Labor warranty for projects using natural stone or landscape timbers remains at 1 year.  Due to the unknown quality of work done by others, any additional work done by others in the vicinity of any hardscape installed by “Evee’s Eden” shall void the guarantee of the hardscape materials installed. “Evee’s Eden” does not guarantee the hardscape materials or hardscape installation against the following: drainage issues, water discoloration or disfigurement, erosion/settlement caused by drainage issues. abuse, surface damage, vandalism, extreme weather events or nature, non-authorized vehicular or pedestrian traffic, or work done by others that affects our install. No refunds will be provided under the warranty. This warranty does not cover any defects in material or equipment incorporated into the hardscape project which are only covered by the manufacturer or supplier written warranties, if any. The hardscape warranty is not applicable in the event of misuse of the product, damages caused by extreme weather events or in the event of circumstances beyond the control of “Evee’s Eden”. The warranty will only be honored to those accounts which have been paid in full per contract. This hardscape warranty is transferable by the homeowner upon written notice of transfer delivered to “Evee’s Eden” for the remainder of the unused warranty period. Please inquire for warranty details. 

*No warranty on hardscape repairs if “Evee’s Eden” did not install base foundation.*

Drainage systems: Drainage work is not covered under warranty. Installation of drain system or other work intended to alleviate drainage problems is subject to inherent uncertainty due to unknown soil and water conditions. Mechanical devices installed are not covered under this guarantee as all mechanical devices used in drainage work will eventually fail, no exceptions. Drainage work is guaranteed to increase the drainage from a specific area, but not to eliminate all potential water issues. Our guarantee covers that the drainage system is installed correctly for the purpose that it was intended, and that the materials are of sufficient quality. 

Cancellation Policy

Agreements may be terminated by either party with or without cause, upon seven (7) days written notice to the other party. Either party shall be entitled to cure any deficiencies of performance or payment within seven (7) days of being notified of deficiency(s). If the Owner/Client makes payment in full within seven (7) days of receipt of the written notice, the grounds for termination shall be deemed cured. If Contractor corrects the deficiency identified in the written notice within seven (7) days of receipt of the notice, or if the deficiency is of such a nature that it cannot reasonably be corrected within seven (7) days and the Contractor commences a good faith effort to correct the deficiency within seven (7) days of receipt of notice, the grounds for the termination shall be deemed cured. In the event this contract is terminated early by either party, the Contractor shall be entitled to recover his unrecovered costs incurred through the date of termination, including a reasonable amount of overhead and profit, and any amount in excess of the monthly charges paid by the Client through the date of termination. This is because substantial portions of the work for the project, may be performed including potentially significant mobilization costs in start-up and the cost of the work will not be fully recovered by the Contractor until all payments under the contract have been received.