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This is an agreement between you and Evergreen for yard care services. The term "service" includes any services that you sign up for at this time or request in the future. This Agreement revises and replaces any prior agreements for your service. IF YOU USE EVERGREEN YARD CARE SERVICES, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. 1. SERVICE PLANS, CHARGES AND BILLING. You select a Service Plan by returning your sign up form, your yard analysis form, signing up online, or by calling to sign up for service. You may add services by returning forms that Evergreen sends to you or by e-mailing, using the website or calling Evergreen to request them. You may cancel services by calling Evergreen at least 48 hours prior to scheduled treatments. If you move or if there is a change of ownership on the property it is your responsibility to notify Evergreen of such changes. Any services performed on the property will be billed to you and are your responsibility to pay for. Services will continue as signed up for until you have notified Evergreen in writing or by phone to discontinue services.Evergreen will schedule your Service(s) in advance. If you make Evergreen unable to perform your scheduled Service(s) you must call to reschedule an appointment. Evergreen will make up to three attempts to perform a Service(s). If after three attempts Evergreen has been unable to perform the Service(s), Evergreen may charge a Service charge of $25. All charges will be billed prior to the service date. All payments are to be received in full within 14 days of service. If you fail to pay any charges by the due date, Evergreen may charge an administrative fee ($3.00 or 15%apr (whichever is greater) on the entire balance) for late payment, or suspend or terminate service. Checks returned to Evergreen will incur a return fee of $20 that will be added to your charges. If your account has charges over 60 days past due, Evergreen may send your account to a collection agency. If your account is sent to a collection agency a collection fee will be charged to your account. You will also be responsible for any additional fees incurred from your collection proceedings. You will waive any claim for any billing error or improper charges unless you notify Evergreen in writing within 30 days of the date of the invoice. 2. NOTICES. Written notices to you will be effective 2 days after the date they are deposited in the U.S. Mail addressed to your address in our records. You must notify us of any changes in your address. Written or oral notice to Evergreen will be effective when reflected in our records. 3.GUARANTEE. Evergreen will re-spray your lawn, free of charge, if: 1. If weeds are still alive 7 days after treatment; or 2. If there are insects alive 3 days after treatment. If you are on a Season Package your lawn treatments are guaranteed for the entire season; includes additional sprays for lawn insects appearing between treatments. Single Treatments are guaranteed for 30 days from the date of the Service. If your lawn is being watered properly and does not respond to the fertilizer within 10 days Evergreen may re-fertilize your lawn free of charge. If you need to use the guarantee please call Evergreen to schedule a re-spray. This guarantee does NOT include fruit trees. If your lawn is dry (shown by soil samples and other evidence) guarantees are void. Price quotes are guaranteed through 12/31/2006, (price may need to be changed if landscape is dramatically altered i.e. if trees or lawn are added or removed). |