Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Stiltner Landscapes ("Company," "we," "our," or "us") governing your use of our landscaping services.

By engaging our services, requesting an estimate, or signing a service agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Services Offered

Stiltner Landscapes provides professional landscaping services throughout Central Ohio, including but not limited to:

• Estate and residential landscape maintenance (weekly mowing, bed cultivation, pruning, seasonal cleanups)
• Landscape design and installation (landscape makeovers, hardscape installation, planting)
• Drainage solutions (French drains, grading, water redirection, yard repair)
• Outdoor living spaces (custom paver patios, fire features, permanent LED lighting)
• Permanent holiday lighting installation (3-year and 5-year warranty programs)
• Snow removal and ice management
• Additional services as outlined in individual service agreements

Specific services, scope of work, and pricing will be detailed in individual estimates, proposals, or service agreements.

3. Estimates and Pricing

3.1 Estimates

All estimates provided by Stiltner Landscapes are:

• Based on information available at the time of the site assessment
• Valid for 30 days from the date of issuance unless otherwise stated
• Subject to change if project scope, site conditions, or material costs change
• Not binding until a formal service agreement is signed by both parties

3.2 Pricing

Final pricing is determined by:

• Scope of work outlined in the signed service agreement
• Labor, materials, equipment, and subcontractor costs
• Site conditions and accessibility
• Timeline and scheduling requirements

We reserve the right to adjust pricing if unforeseen conditions arise during project execution, subject to client approval for additional costs exceeding 10% of the original estimate.

3.3 Price Increases

For recurring maintenance services, we reserve the right to adjust pricing annually with 30 days' written notice to reflect changes in labor costs, fuel prices, or other operational expenses.

4. Payment Terms

4.1 Payment Schedule

• One-Time Projects: 50% deposit required upon signing service agreement; remaining balance due upon project completion
• Large Projects: Payment milestones may be established and detailed in the service agreement
• Maintenance Programs: Monthly invoicing with payment due within 15 days of invoice date
• Snow Removal: Invoiced per occurrence or seasonal contract as agreed

4.2 Accepted Payment Methods

We accept payment via check, credit card, ACH transfer, or other methods as agreed upon in writing.

4.3 Late Payments

Accounts more than 30 days overdue may be subject to:

• Late fee of 1.5% per month (18% annual percentage rate) on outstanding balances
• Suspension of ongoing services until account is brought current
• Collection agency referral or legal action to recover outstanding balances

Client is responsible for all collection costs, including reasonable attorney fees.

5. Client Responsibilities

To ensure safe and efficient service delivery, Client agrees to:

• Property Access: Provide clear, safe access to work areas during scheduled service times
• Hazard Disclosure: Inform us of any known hazards, underground utilities, irrigation systems, or special property conditions
• Pet Safety: Secure pets indoors or in fenced areas away from work zones during service
• Obstructions: Remove or identify lawn ornaments, hoses, toys, or other obstacles prior to service
• Utility Markings: Contact utility companies to mark underground lines before any excavation or installation work
• Communication: Respond promptly to requests for information, approvals, or clarifications
• Payment: Remit payment according to agreed-upon terms

Failure to meet these responsibilities may result in service delays, additional charges, or contract termination.

6. Scheduling and Delays

6.1 Service Scheduling

We will make reasonable efforts to perform services on scheduled dates. However, service timing may be affected by:

• Weather conditions (rain, extreme temperatures, ground conditions)
• Equipment breakdowns or repairs
• Material delivery delays
• Unforeseen site conditions
• Emergency service calls for existing clients

6.2 Weather-Related Delays

For safety and quality reasons, we reserve the right to postpone services due to inclement weather. We will reschedule affected services as soon as conditions permit. No refunds or credits will be issued for weather-related delays.

6.3 Client-Caused Delays

Delays caused by client unavailability, failure to provide property access, or failure to approve necessary decisions may result in rescheduling fees or project timeline extensions.

7. Cancellations and Termination

7.1 Client Cancellation

• One-Time Projects: Cancellations made less than 48 hours before scheduled start date may forfeit the deposit
• Maintenance Contracts: 30 days' written notice required for cancellation; final invoice will include all services rendered through cancellation date
• Work in Progress: Client is responsible for payment of all work completed and materials purchased through the cancellation date

7.2 Company Cancellation

We reserve the right to cancel or terminate services if:

• Client fails to make timely payments
• Property conditions create unsafe working environments
• Client fails to meet responsibilities outlined in Section 5
• Client engages in abusive or threatening behavior toward our staff

Upon termination by Company, any deposits will be applied to work completed and materials purchased, with refunds issued for unused portions.

8. Warranties and Guarantees

8.1 Workmanship Warranty

We warrant that all work will be performed in a professional and workmanlike manner consistent with industry standards. Installation work (hardscapes, plantings, drainage systems) carries a one-year warranty against defects in workmanship.

8.2 Plant Material Warranty

Plant material installed by Stiltner Landscapes carries a one-time replacement warranty subject to the following conditions:

• Client enrolls in our maintenance program for a minimum of one year following installation
• Plant failure is not due to neglect, improper watering, pest damage, weather extremes, or acts of nature
• Warranty applies to plant replacement only; labor charges may apply
• Annual flowers and seasonal color plantings are not warranted

8.3 Permanent Holiday Lighting Warranty

Our 3-year and 5-year permanent LED lighting programs include comprehensive warranty coverage as detailed in individual program agreements, covering equipment failure and seasonal service checkups.

8.4 Warranty Exclusions

Warranties do not cover damage caused by:

• Client negligence or failure to follow maintenance recommendations
• Acts of nature (storms, floods, extreme temperatures, drought)
• Third-party contractors or service providers
• Vandalism, theft, or intentional damage
• Underground utilities or conditions unknown at time of installation

9. Limitation of Liability

To the fullest extent permitted by law:

• Company's total liability for any claim arising from services provided shall not exceed the total amount paid by Client for the specific service giving rise to the claim
• Company is not liable for indirect, incidental, consequential, or punitive damages
• Company is not responsible for damage to underground utilities, irrigation systems, or other features not marked or disclosed by Client
• Company maintains general liability insurance but is not responsible for losses beyond policy coverage limits

Client agrees to indemnify and hold harmless Stiltner Landscapes, its employees, and subcontractors from claims arising from Client's failure to disclose property conditions or hazards.

10. Property Damage and Insurance

10.1 Our Insurance

Stiltner Landscapes maintains general liability insurance and workers' compensation coverage for all employees. Proof of insurance is available upon request.

10.2 Damage Reporting

In the event of property damage caused by our operations, Client must report the damage within 7 days of discovery. We will assess the damage and determine appropriate remediation or compensation.

10.3 Pre-Existing Conditions

We conduct pre-service inspections when feasible. Any pre-existing damage or conditions noted will be documented. We are not responsible for damage to deteriorated or compromised structures, surfaces, or plantings.

11. Intellectual Property

All landscape designs, plans, proposals, and creative work products developed by Stiltner Landscapes remain our intellectual property unless otherwise agreed in writing. Client receives a license to use approved designs for the specific property identified in the service agreement.

Client may not reproduce, distribute, or use our designs for other properties or projects without written permission.

12. Photography and Marketing

Client grants Stiltner Landscapes permission to photograph completed work for marketing, portfolio, and promotional purposes unless Client opts out in writing. No compensation is provided for use of property images.

We respect Client privacy and will not include identifying information (names, addresses) in marketing materials without explicit consent.

13. Dispute Resolution

13.1 Good Faith Negotiations

In the event of a dispute, both parties agree to make good faith efforts to resolve the matter through direct communication and negotiation before pursuing legal action.

13.2 Mediation

If direct negotiations fail, parties agree to participate in non-binding mediation before filing litigation. Mediation costs will be shared equally unless otherwise agreed.

13.3 Governing Law

These Terms are governed by the laws of the State of Ohio. Any legal action arising from these Terms or our services shall be brought exclusively in the courts of Delaware County, Ohio, or the appropriate federal court.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with any signed service agreements, proposals, or addenda, constitute the entire agreement between Client and Stiltner Landscapes regarding our services. These Terms supersede all prior or contemporaneous oral or written communications.

No modification to these Terms will be valid unless made in writing and signed by both parties.

16. Changes to These Terms

We reserve the right to update these Terms from time to time. Material changes will be communicated to active clients via email or written notice. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.

17. Contact Information

For questions about these Terms of Service or our policies, please contact us: