Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") form a binding agreement between you and T&B Landscaping and Design ("T&B Landscaping and Design," "we," "us," or "our").

You accept these Terms when you use our website, submit a quote request, accept an estimate, schedule work, or allow us to perform work at your property. If you do not agree with these Terms, do not use our website or book our services.

If you are accepting these Terms on behalf of a company, homeowners association, property management firm, or another person, you represent that you are authorized to do so and to authorize work on the property in question.

Our Privacy Policy is incorporated into these Terms by reference.

2. Definitions

• "Services" means the lawn care and landscaping work we perform, including lawn mowing, edging and trimming, landscaping and planting, mulching, hedge and shrub trimming, yard cleanup and debris removal, and commercial lawn care.
• "Customer," "you," or "your" means the person or entity requesting or receiving the Services.
• "Property" means the building, grounds, driveway, and other surfaces at the address where the Services are performed.
• "Estimate" means a written or verbal price we provide for a described scope of work.
• "Site" means the website at example.com.

3. Our services

We provide residential and commercial lawn care and landscaping across Arkansas, including City 1, City 2, City 3, City 4, City 5, City 6, City 7, City 8 and City 9. Service availability outside our stated service area is at our discretion and may carry a travel charge.

Unless your estimate specifically says otherwise, the Services do not include tree removal or work on large trees, irrigation installation or repair, hardscaping, grading or drainage work, fence repair, pest control, fertilizer or chemical application, or the removal of items from the Property. We are a lawn care and landscaping company, not a general contractor, arborist, or irrigation contractor.

We reserve the right to decline, pause, or stop any job where conditions are unsafe, where the Property is not in a condition that can be worked on safely, where the scope has materially changed, or where we reasonably believe the work would cause damage.

4. Estimates, quotes, and pricing

• Estimates are free and carry no obligation.
• Prices quoted by phone, text, email, or through our website are based on the information you provide and are subject to confirmation on site. If the actual size, condition, access, or scope differs from what was described, we will tell you the revised price before starting and you may accept it or cancel at no charge.
• Unless stated otherwise, an estimate is valid for 30 days from the date issued.
• Additional work you request after we arrive, or work beyond the scope in the estimate, is billed separately and must be agreed before we perform it.
• Estimates cover a single visit. Heavily overgrown yards, large amounts of debris, or properties that have not been maintained in a long time may require additional time and cost.
• Prices do not include applicable state and local sales tax unless expressly stated.

5. Scheduling, access, and weather

• Appointments are scheduled within an arrival window, not at an exact time. Job durations vary and traffic, equipment, and the previous job on the schedule can shift arrival times. We will keep you updated.
• Lawn care and landscaping work is weather dependent. Rain, lightning, high winds, freezing temperatures, or unsafe conditions may require us to postpone. We will reschedule to the next available slot at no charge to you. We are not liable for losses caused by weather delays.
• You must provide safe, unobstructed access to the areas we will be working on, including gates, side yards, and any locked areas.
• Where the job requires it, such as watering in new plants, you must provide access to a working outdoor water spigot. Water used is at your expense.
• You do not need to be home for most yard work, provided access requirements are met and payment arrangements are in place. If you will not be present, tell us in advance.

6. Cancellations, rescheduling, and no-shows

• You may cancel or reschedule at no charge by giving us at least 24 hours' notice before the scheduled start.
• Cancellations with less than 24 hours' notice, or a crew arriving to find the job cannot be performed because of blocked access, no water, an unsecured animal, or an absent customer where presence was required, may be charged a trip fee of up to $75 to cover crew time and travel.
• We may cancel or reschedule for weather, equipment failure, illness, or safety reasons. In that case you owe nothing, and we will offer the next available appointment.
• Deposits, where taken, are refundable if you cancel with at least 24 hours' notice, and are otherwise applied to the trip fee.

7. Your responsibilities as the customer

To keep everyone safe and to protect your property, before we arrive you agree to:

• Clear the work area of toys, hoses, furniture, decorations, pet waste, and personal items so we can mow and trim safely.
• Move vehicles, trailers, and equipment away from the areas being mowed, trimmed, or cleaned up.
• Secure pets and children indoors or away from the work area for the duration of the work.
• Mark or tell us about hidden hazards — sprinkler heads, irrigation lines, invisible fence lines, landscape lighting, cables, septic components, stumps, holes, and wasp or bee nests.
• Tell us about delicate plants, newly seeded or sodded areas, and anything in the beds you want left alone.
• Unlock gates and give us access to every area included in the estimate.
• Obtain any required permission — from an HOA, landlord, property manager, condo association, or co-owner — before we begin. You confirm you are the owner of the Property or are authorized to have the work performed.

We are not responsible for damage or loss resulting from a failure to complete these steps, or from a condition you knew about and did not disclose.

8. Property condition and pre-existing damage

Lawns, beds, and plants are living things affected by weather, soil, pests, and past care. Our work can reveal — but does not cause — problems that were already present.

Unless the damage is caused by our negligence, we are not liable for:

• Sprinkler heads, irrigation lines, landscape lighting, cables, invisible fence wires, or other objects hidden in the grass or beds that were not marked or disclosed to us.
• Pre-existing bare spots, weeds, disease, insect damage, or thin turf.
• Plants, shrubs, or trees that were already dead, dying, diseased, or stressed before we started.
• Ruts or marks in soft or wet ground that we mow or work on at your request.
• Deteriorated or rotting wood, including fences, borders, and raised beds.
• Damage to items you were asked to move and did not.
• Latent defects and conditions not visible on reasonable inspection.

Where we identify a condition that makes the work risky, we will tell you before proceeding. If you ask us to continue anyway, you accept the risk of damage to that condition and release us from liability for it.

9. Lawn and landscaping — specific terms

• We mow at a height suited to the grass and the season. We may decline to cut grass shorter than is healthy for the lawn, or to mow when the ground is too wet to mow without damage.
• Recurring service is scheduled on a regular interval. Visits missed because of weather, locked gates, or blocked access may be moved or skipped and are not refunded unless we agree otherwise.
• New plants, seed, and sod depend on regular watering and care after we leave. Unless your estimate includes a plant warranty, we do not guarantee that they will survive.
• Trimming and cutting back can leave shrubs and hedges looking thin for a period while they recover. This is normal and is not a defect in the work.
• We do not climb or remove large trees, and we do not cut branches near power lines. That work must be done by a qualified arborist or the utility company.
• Clippings, yard waste, and debris are hauled away when the estimate includes removal. Otherwise they are bagged or left in a spot we agree on with you.

10. Results and reasonable expectations

Lawns and landscapes change with the weather and the seasons. We will leave your property as neat and well kept as it can reasonably be made, but some conditions are outside our control, including:

• Drought, heat, frost, and heavy rain affecting grass color and growth.
• Weeds, disease, and pests returning between visits.
• Bare or thin areas caused by shade, soil, drainage, or foot traffic.
• Plants that fail because of watering, soil, or care after installation.
• Brush and overgrowth growing back after a cleanup.

Where we know in advance that a result is unlikely, we will say so before we start. Photographs on our website and social media show representative results, not a guarantee of an identical outcome on your property.

11. Satisfaction guarantee and re-service policy

We stand behind our work. If you are not satisfied with the result:

• Notify us within 7 days of completion, with photos of the specific areas of concern.
• We will return and redo the affected areas at no charge, provided the concern falls within the original scope of work.
• The guarantee does not cover new growth, weather or storm damage, fallen leaves or debris after we left, or conditions described in Sections 8 and 10.
• Our re-service obligation is our sole remedy under this guarantee. If a re-service does not resolve the issue and the fault is ours, we will issue a refund of the amount you paid for the affected portion of the work.
• Allowing another contractor to work on the affected area before we have had a chance to inspect it voids the guarantee for that area.

12. Payment terms

• Payment is due in full on the day the work is completed, unless we have agreed different terms in writing.
• We accept cash, check, and major credit and debit cards. Card payments may carry a processing fee, which will be disclosed before the charge.
• Larger, commercial, or multi-day jobs may require a deposit before scheduling, and progress payments as agreed.
• Commercial accounts with approved terms are due net 30 days from the invoice date.
• Past due balances accrue interest at 1.5% per month (18% per year), or the maximum rate permitted by applicable law, whichever is less.
• Returned checks are subject to a $35 fee plus any bank charges.
• If we have to pursue collection, you are responsible for reasonable collection costs, court costs, and attorney's fees permitted by law.
• Withholding payment is not a substitute for a warranty claim. If you have a concern, tell us under Section 11 and we will address it.
• We may place a lien on the Property to the extent permitted by applicable law for unpaid amounts.

13. Insurance and limitation of liability

T&B Landscaping and Design can provide details of its insurance coverage on request.

You must report any claim of damage caused by our work within 7 days of the work being completed, in writing and with photographs, and give us a reasonable opportunity to inspect the damage and to repair or arrange repair ourselves before you engage anyone else. Repairs arranged without giving us that opportunity are at your expense.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence or willful misconduct.

14. Indemnification

You agree to indemnify, defend, and hold harmless T&B Landscaping and Design, its owners, employees, and subcontractors from any claim, loss, liability, or expense (including reasonable attorney's fees) arising from: your breach of these Terms; your failure to disclose a known hazard or defect at the Property; your failure to obtain the authority or permission needed for the work; injury to a person or animal not secured as required by Section 7; or your instruction to proceed with work after we advised of a risk.

15. Disclaimer of warranties

Except for the satisfaction guarantee in Section 11, the Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, workmanlike quality beyond industry standard, or non-infringement.

We do not warrant that new plants, seed, or sod will survive, that results will match any photograph, that weeds will not return, or that the Property will stay in any particular condition for any period of time.

The Site and its content are provided for information only. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components, and information on it — including pricing, availability, and service descriptions — may change without notice.

16. Photos, video, and marketing use

We routinely take before and after photographs and video of our work for quality control, records, training, and marketing.

• By allowing us to perform work at the Property, you grant us a non-exclusive, royalty-free, perpetual license to use images and video of the completed work on our website, social media, advertising, printed materials, and review platforms.
• We do not publish your name, street address, or house number alongside images without your permission. We may reference the general city or neighborhood.
• Our crews may use drones for photography where it is safe and legal, in compliance with FAA rules.
• If you do not want images of your property used in marketing, tell us before or during the job, or email us afterwards, and we will not use them and will remove any already published as soon as reasonably possible.
• All images we capture remain our property. Reusing our photographs without permission is not permitted.

17. Reviews, testimonials, and review requests

• After a completed job we may ask you, by text, email, phone, or in person, to leave a review on Google, Facebook, the Better Business Bureau, or another platform. This is always optional, and you can opt out at any time by replying STOP, unsubscribing, or telling us.
• We do not pay for reviews, offer discounts in exchange for positive reviews, or suppress, filter, or delete honest negative reviews.
• Reviews you post live on the third-party platform under its own terms and privacy policy. We may respond publicly, and we may quote or display your review, star rating, and the name shown publicly on that platform on our website, in ads, and on our social media.
• You agree that any review or testimonial you provide is your genuine opinion based on actual experience with us.
• If something went wrong, we would rather hear it directly first — call (479) 222-5981 and give us the chance to fix it.

18. Text messaging terms

If you give us your mobile number and agree to be texted, you consent to receive service and, where you have opted in, marketing text messages from T&B Landscaping and Design at that number, including messages sent by an automated system.

• Consent is not a condition of purchase. You can book any service without agreeing to marketing texts.
• Message frequency varies. Message and data rates may apply.
• Reply STOP to opt out at any time; reply HELP for help.
• Carriers are not liable for delayed or undelivered messages, and message delivery is not guaranteed.
• You confirm the mobile number you give us is yours and agree to tell us if it changes or is reassigned.
• We never sell, rent, or share mobile numbers or SMS consent with third parties or affiliates for their marketing purposes. See our Privacy Policy.

19. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including severe weather, hurricanes, flooding, freeze events, fire, power or water outages, epidemics, labor shortages, supply or equipment failures, acts of government, or civil disturbance. We will reschedule affected work as soon as it is safe and practical to do so.

20. Website terms of use

All content on the Site — text, photographs, video, logos, graphics, layout, and design — is owned by T&B Landscaping and Design or used with permission, and is protected by copyright and trademark law. You may view and print pages for your own personal, non-commercial use.

You may not, without our written permission: copy, republish, scrape, or redistribute Site content; use our name, logo, or photographs in your own marketing; frame or mirror the Site; attempt to gain unauthorized access to the Site or its systems; use automated tools to overload the Site; submit false information or another person's contact details through our forms; or use the Site for any unlawful purpose.

We may suspend or refuse access to the Site or our Services to anyone who violates these Terms.

21. Advertising and third-party links

We advertise our services online, including through Google Ads and social media platforms. Advertising and analytics technologies used on the Site are described in our Privacy Policy.

The Site links to third-party sites and embeds third-party content, including maps, review platforms, and social media. We do not control and are not responsible for those services, their content, their availability, or their privacy and data practices. A link is not an endorsement.

22. Governing law and dispute resolution

Governing law

These Terms and any dispute arising from them or from the Services are governed by the laws of the State of Arkansas, without regard to its conflict of law rules.

Informal resolution first

Before starting any formal proceeding, you agree to contact us at [email protected] or (479) 222-5981 and give us 30 days to resolve the issue informally. Most problems are solved with a phone call.

Binding arbitration and class action waiver

If we cannot resolve a dispute informally, you and T&B Landscaping and Design agree that the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Arbitration will take place in [County], Arkansas, or by telephone or video at the arbitrator's discretion. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

You and we each waive the right to a jury trial and the right to participate in a class, collective, or representative action. Claims may be brought only in an individual capacity. The arbitrator may not consolidate claims from more than one customer.

Either party may bring an individual claim in small claims court instead, if it qualifies. Nothing in this section prevents either party from seeking injunctive relief in court to protect intellectual property or to prevent unauthorized access to the Site.

If the class action waiver above is found unenforceable, the entire arbitration provision is void and disputes will be heard in the state or federal courts located in [County], Arkansas, to whose jurisdiction and venue both parties consent.

Time limit on claims

Any claim arising out of the Services or these Terms must be brought within one year after the claim arose, to the extent permitted by applicable law. After that, the claim is permanently barred.

23. General provisions

• Entire agreement. These Terms, together with your written estimate or service agreement and our Privacy Policy, are the entire agreement between us and replace any earlier discussions or representations. Where a signed written service agreement conflicts with these Terms, that agreement controls for that job.
• Severability. If any provision is held unenforceable, the rest of these Terms remain in full effect and the unenforceable provision is modified to the minimum extent needed to make it enforceable.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor in connection with a sale or reorganization of our business.
• Subcontractors. We may use qualified subcontractors to perform part of the Services. We remain responsible to you for the work.
• Independent contractor. We perform the Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
• Notices. Notices to us should be sent to the address or email in Section 25. Notices to you may be sent to the email address, mailing address, or mobile number you provided.
• Survival. Sections 8, 13, 14, 15, 16, 22, and 23 survive completion of the Services.
• Headings. Section headings are for convenience only and do not affect interpretation.

24. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top of this page shows when they last changed. Changes take effect when posted and apply to work booked after that date. Work already scheduled is governed by the Terms in effect when you accepted the estimate. Continuing to use the Site or book our Services after an update means you accept the revised Terms.

25. Contact us

Questions about these Terms, an estimate, or a job? Reach out — we answer every message.

See also our Privacy Policy.