HYDROSEEDING PROS TERMS & CONDITIONS
Agreement to Terms
This Website hydroseeding-pros.com (the “Website”) is owned and operated by Hydroseeding Pros (“we,” “us,” or “our”). This agreement governs how users (“you”, “your”, “Customer”) interact with Hydroseeding Pros. The terms, conditions, and notices below govern your access to and use of this Website, as well as the products and services made available via it (collectively, the “Services”) (the “Terms of Service”). By accessing and using the Services, you agree to be bound by all of the Terms of Service, as amended from time to time by us. You should visit this page periodically to be informed of any changes to the Terms of Service.
We shall not be liable if, for any reason, this Website becomes unavailable at any time or for any period. We reserve the right to restrict access to sections or the entirety of this Website at any time.
This Website may include links to third-party websites that are not owned by Hydroseeding Pros (the “Linked Sites”). Hydroseeding Pros has no control over the Linked Sites and assumes no responsibility or liability for them or for any loss or damage suffered as a consequence of your use of them. Your use of the Linked Sites is governed by the terms of service and privacy policies of each such site.
Disclaimer of Liability
The content contained on this Website is given “as is” without any representations, warranties, or conditions regarding its correctness. Unless expressly stated otherwise, Hydroseeding Pros and its suppliers, content providers, and advertisers expressly disclaim all conditions, warranties, and other terms that might otherwise be implied by statute, common law, or the law of equity, and shall not be liable for any damages, including but not limited to direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Linking to this Website
You may link to our home page as long as the connection is fair and lawful and does not harm or exploit our reputation; however, you may not build a link in such a manner that implies any type of affiliation, approval, or endorsement on our part when none exists. You are not permitted to make a connection from any website that is not your own. This Website may not be framed on another site, and you may not establish a link to any page other than the main page of this Website. We have the right to revoke linking permissions at any time and without warning.
Disclaimer regarding trademark ownership and third-party copyright
Unless expressly stated otherwise, no persons (including their names and images), third-party trademarks and content, services, and/or locations featured on this Website are associated, linked, or affiliated with Hydroseeding Pros, and you should not rely on the existence of such a connection or affiliation. Any trade marks/names shown on this Website are the property of their respective owners. When a trade mark or brand name is used, it is used purely to describe or identify the products and services and does not imply endorsement or affiliation with Hydroseeding Pros.
Electronic Communications
You are communicating with us electronically when you use any Hydroseeding Pros service or send us e-mails, text messages, or other communications from your desktop or mobile device. You consent to receive electronic messages from us. We will communicate with you in a number of ways, including by e-mail, text messaging, and by publishing notifications and messages on this site and other Hydroseeding Pros services. You agree that the electronic delivery of all agreements, notices, disclosures, and other communications that we give to you satisfies any legal requirement that such communications be in writing.
Indemnity
You agree to defend, indemnify, and hold harmless Hydroseeding Pros, its directors, officers, employees, consultants, agents, and affiliates from and against any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising out of your use of this Website or your breach of the Terms of Service.
Variation
Hydroseeding Pros reserves the right, in its sole discretion, to change, delete, or vary the Services and/or any page of this Website or service at any time and without notice.
Severability
If any term of the Terms of Service is found to be unenforceable (including any provision in which we exclude our obligation to you), the enforceability of the remaining provisions of the Terms of Service will be unaffected, with all other clauses being in full force and effect. Where a clause/subclause or a portion of a clause/subclause can be severed to preserve the validity of the remaining portion, the clause should be read appropriately. Alternatively, you agree that the clause shall be repaired and read in a manner consistent with the clause’s/sub-clause’s original meaning, to the extent permissible by law.
Complaints
We have a complaints mechanism in place that we will use to attempt to address problems as soon as they emerge; please contact us if you have any concerns or comments.
Waiver
If you violate these terms and we do not take action, we shall retain our rights and remedies in any subsequent scenario in which you violate these conditions.
Legislation/Jurisdiction
These terms and conditions, as well as the transactions contemplated hereunder, are governed by and construed and interpreted in accordance with Ohio law. Any legal or equitable action arising out of or pertaining to these Terms must be filed exclusively in the courts of the State of Ohio.
SERVICE TERMS AND CONDITIONS
These are the terms and conditions under which we provide you with our services. Please take the time to thoroughly read these conditions before submitting your request to us. These terms describe how we will deliver services to you, how you and we may amend or terminate the contract, how to resolve a dispute, and other critical information.
Our Contract with You
Hydroseeding Pros has the right to refuse any request you make.
All business inquiries are sent via our website, and by submitting a request form, you agree to these Terms. Our acceptance of your order occurs when we contact you to accept it, at which moment a contract between you and us is formed. We will notify you if we are unable to accept your order and will not charge you for the service.
Our services
Our services shall be provided in accordance with the Scope of Work that you will receive as the Estimate. This Estimate must be signed off prior to work being scheduled. By signing off on the Estimate, you acknowledge and agree to these Terms and conditions. You realize and accept, however, that because the service incorporates natural processes, the length and outcome of the service may vary, including as a function of ground conditions, weather, and actions taken by you.
Hydroseeding Professionals apply the grass seed. The outcome is the property owner’s obligation; it is the property owner’s responsibility to grow the grass and maintain it properly.
Access to property- During the germination phase, the property owner grants us access to the property at any time to monitor development and ensure correct aftercare is being followed.
Soil testing is advised and must be requested at the time of request by the property owner. For soil testing, additional fees are required for sample procurement and lab expenses. If soil testing is needed, a price for the entire job cannot be supplied until the lab findings are received, which typically takes 2-4 weeks.
Overspray- we make every effort to control overspray, but it may occasionally get on concrete, siding, or decking due to wind conditions; it is non-staining and the color fades after a few days with rain; any further clean up is the property owner’s expense.
Property marking- if the work site area is unclear, the property owner is responsible for marking the property’s corners and/or work area with markers or flags.
Underground utilities—property owner is responsible for marking any sprinkler lines, underground cable or plumbing prior to service. Hydroseeding Pros will do our best to stay clear of any underground utilities but in the event of any damage, Property owner is responsible for repair.
If any Builders materials left behind, erosion control devices, trash or debris it will incur extra removal and disposal charges.
Hydroseeding Pros adhere to the builder’s final grade; any further grading is not included unless specified in the scope of work.
Warranty – Hydroseeding Pros warranties that the seed will germinate if aftercare is followed. Because we have no control over the weather, aftercare, or base soil conditions, we are unable to offer a warranty on goods that are not within our control. We are not liable for damage to propertys caused by pests such as army worms. Soil conditions are the property owner’s responsibility unless they are included in our scope of work. Hydroseeding Pros have little influence over the weather following application. Hydroseeding Pros is not responsible for runoff caused by inclement weather.
Fees and Charges
Residential Invoices are payable within 24 hours after completion of service via Hydroseeding Pros online bill pay; late penalties will apply.
Commercial Invoices payment terms are set on Estimate; late penalties will apply.
Returned checks will incur a $35 fine, and future check payments will be prohibited.
Deposits are non-refundable once made. The deposit is used to secure the job’s supplies, labor, and time throughout the quotation and scheduling process. If a job is postponed, the property owner may request that items bought be dropped off within 72 hours of the postponement.
Any Touch-ups are priced separately on a separate Scope of work sheet.
At time of request, Square feet estimate is the responsibility of the property owner/requestee. It is the Property owner/requestee responsibility to ensure the data is accurate — Since we plan the job based on this, scheduling equipment, labor, and materials we will not adjust the final invoice for a lesser amount. If square feet is grossly understated at time of request additional charge for will be assessed at a per square foot price. Also if time is not available during scheduled slot and/or available materials on hand does not allow for the additional square feet, an additional trip charge may apply to finish the job.
Any changes in the condition of the property from the time of the quote will add on the cost.
Additional work – any additional work requested beyond the scope of the initial project will be paid on a time and materials basis. Unless otherwise specified in the contract, crews will not alter or modify the grade left by the builder during new construction. Crews will complete the grading according to our specifications; any alterations requested by the property owner will require an additional scope of work and incur additional expenses.
Aftercare—the property owner is responsible for all aftercare. The degree of aftercare has a direct influence on the property’s quality. Property owner is responsible for assessing the needs of the new grass.
Increases in material pricing- if material prices change between the time of the quote and the time of the signed contract and deposit, we have the right to modify material prices to the current market price at the time of the deposit.
Sales tax – if applicable, sales tax will be included to the final invoice. If you are tax exempt, documentation must be filed prior to the final billing or a $35 paperwork charge will be assessed.
Trip charge- if the property is not ready by the appointed time, the property owner must contact us through email or a $350 trip charge per team will be imposed.
Late Fees – A 10% monthly service fee will be charged to the outstanding amount of any accounts not paid within 7 days. If payment is not received, you agree to bear and repay Hydroseeding Pros for any collection charges, including court costs and attorney’s fees involved in collecting your account.
Our rights to make changes
We reserve the right to modify the service in response to changes in applicable laws and regulatory regulations. Normally, such changes have no effect on the result of the service, but if we predict that they may, we will warn you and you may then contact us to terminate the contract prior to the changes taking effect and obtain a refund for any services not received.
Providing the services
We will make every effort to commence the services in the time window that is communicated at the time of signed Estimate, but weather or other factors may prohibit us form starting and completing during the original time window.
We are not liable for delays caused by events beyond our control. If we are unable to provide the services due to an occurrence beyond our control, we will notify you as soon as feasible and will take efforts to mitigate the consequences of the delay. We will not be liable for delays caused by the event if we follow this procedure, but if there is a danger of significant delay, you may contact us to terminate the contract and obtain a refund for any services you paid for but did not receive.
If you do not allow us access to provide services.
If you refuse to allow us or our suppliers/contractors access to your property to deliver the services as agreed (and you do not have a valid reason), we may charge you for any additional fees incurred by us. If we are unable to contact you or re-arrange access to your property despite our reasonable efforts, we may terminate the contract.
Please confirm that there is enough access to all properties and that the available area is acceptable for us to move items, equipment, and machinery (“the equipment”) before we commence the services.
Our employees are not entitled to remove gates, fences, or other fixtures or fittings in order to complete the transportation of the equipment to your properties. We shall not be held responsible for any damage to the property.
Before we begin our services, you must arrange for acceptable access to your properties. Cars, trailers, playsets, trampolines or other miscellaneous items in work or around work area must be moved prior to our arrival.
Our personnel requires access to an external water source in order to perform certain services. This might be a faucet or a hosepipe. If you do not want our workers to utilize your property’s water supply, or if there is no external water source accessible, the property owner/ requestee must notify us at time of quote request, we may be unable to perform the services or have to haul in additional water to complete the job.
Reasons we may suspend the supply of services to you.
We may be forced to discontinue the provision of a service in order to:
Your rights to end the contract
The customer may terminate the service agreement by providing 15 days advance notice of the desired termination date via email. The customer will get a final invoice detailing any outstanding balances.
If you terminate a contract for any of the following reasons, the contract will automatically terminate and we will pay you in full for any services not supplied; you may also be entitled to compensation:
Our rights to end the contract or cease the supply of services to you
If you breach the contract, we may terminate it. We may terminate a service contract at any time by writing to you. if:
If you breach the contract, you must pay us. If we terminate the contract in the circumstances outlined above, we will not refund any money you have paid in advance for services and will keep it as compensation for the net expenses we will incur as a result of your breach.
We have the right to discontinue providing services to you at any time and without notice.
You must pay any remaining debt owed to us within 14 days of the contract’s termination. If any monies remain unpaid after 14 days, we have the right to pursue you for late payment compensation.
If there is a problem with the service
If you have any questions or complaints about the service, please contact us through: __info@hydroseeding-pros.com____.
When we are liable for damage to your property.
If we provide services on your property, we shall make good any harm we create. However, we are not liable for the expense of correcting any pre-existing problems or damage to your property discovered during the course of delivering the services. We will also not be liable for any damage to wires, cables, pipelines, or anything else that is not readily apparent on the surface of your land, unless you have informed us in advance of the specific position of such subsurface things.
Insurance and Licenses
We shall maintain proper insurance and license in compliance with Ohio law and any applicable local statutes and regulations.
Time Limit For Filing Customer Claims.
Customer agrees that, notwithstanding any other statutes of limitations, all claims against Hydroseeding Pros are barred if not initiated within one year of the last date of service provided by Hydroseeding Pros to Customer, or the date of the act or omission giving rise to the claim, whichever occurs first. When Hydroseeding Pros receives a formal demand for arbitration of a claim, the dispute is “started.” If the arbitration provisions of this contract are found to be inapplicable or unenforceable with respect to such claim, the claim is not “started” until Hydroseeding Pros is served with a Summons and Complaint.
Mandatory Arbitration.
Customer and Hydroseeding Pros agree that any claims made by Customer against Hydroseeding Pros regarding this contract or the property care services supplied by Hydroseeding Pros shall be addressed through mandatory binding arbitration. This arbitration obligation applies to all claims, regardless of their legal basis, including claims based on contract, tort, strict responsibility, fraud, or statutory provisions. The arbitration will take place in Summit County, Ohio, and will be governed by the American Arbitration Association’s Commercial Arbitration Rules.
Governing Law / Venue.
If the arbitration provisions of this contract are found to be invalid or unenforceable with respect to any claim made by Customer against Hydroseeding Pros, any litigation between Customer and Hydroseeding Pros shall be governed by Ohio law and resolved exclusively in the State or Federal courts located in Summit County, Ohio.
Arbitration Clause Agreement
1. Arbitration
a. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this agreement, its interpretation, performance, breach, or termination, including disputes related to services rendered or payments due, shall be settled through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA").
b. Arbitration Procedure: The arbitration shall be conducted by a single arbitrator appointed by mutual agreement of the parties or, if no agreement can be reached, appointed by the AAA. The arbitration shall be held in Macedonia, Ohio, unless otherwise mutually agreed upon by the parties.
c. Arbitration Award: The arbitrator’s decision shall be final and binding on both parties. Judgment upon the award rendered may be entered in any court having jurisdiction.
2. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.
3. Costs
Each party shall bear their own costs of arbitration, including but not limited to attorney fees, unless the arbitrator determines otherwise. If the claim is deemed frivolous, then the customer will bear both parties cost.
4. Miscellaneous
a. Waiver of Jury Trial: Each party knowingly and voluntarily waives any right to a trial by jury in any action or proceeding arising out of or relating to this Agreement.
b. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Price match guarantee: If you get a lower quote, we will beat the quote by 10%
Note: Scope of work, availability, products, and applications rates must be the same. We will not provide an application rate that does not meet our quality standards. Other estimates must be submitted to us at initial request
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