Please read the following terms carefully. By approving any estimate, confirming a job by text or email, paying any deposit, or engaging The Landscaper Crew's services in any way, you ("Customer") agree to be legally bound by the terms outlined below (these "Terms").
1. Acceptance of Estimate & Binding Agreement
Approval of an estimate — whether given in writing, through our online quote system, by replying "yes" or otherwise confirming by text or email, or by paying any deposit — constitutes Customer's acceptance of these Terms and authorization to perform the work described in that estimate. These Terms, together with the approved estimate and any invoice we issue, form the entire agreement between Customer and The Landscaper Crew for the project (see Section 21, Entire Agreement). Any changes or additions to the scope of work must be handled under Section 9 (Change Orders) and may result in additional charges and a revised schedule.
2. Payment Terms
- Payment is due upon completion unless otherwise stated in writing.
- A deposit of 50% will be required for any job over or equal to $2,000.
- A deposit of $50 will be required for any job under $2,000.
- We accept cash, check, debit card, credit card, ACH/bank transfer, and any other payment method processed through Jobber or another payment processor we designate. Regardless of how Customer pays, all payments are subject to Section 4 (Full Payment Is Final) and Section 5 (Chargebacks & Payment Disputes) once work is completed and accepted under Section 12.
- A one-time late fee of 5% of the unpaid balance may be charged on invoices more than 15 days past due, and unpaid balances accrue simple interest at 1.5% per month (18% per year) or the maximum rate allowed under Texas law, whichever is less, until paid in full.
- A returned check, declined card, or failed ACH payment may be charged a $30 fee, plus any bank fees we actually incur as a result, to the extent permitted by law.
- If an invoice becomes delinquent, Customer agrees to pay our reasonable costs of collection, including collection-agency fees and attorney's fees, to the extent allowed by law.
3. Right to Suspend Work for Nonpayment
We may pause or stop work on any project with an unpaid deposit or past-due invoice until payment is current. We are not responsible for schedule delays, added costs, or material/price changes that occur during a suspension caused by nonpayment, and any such delay does not extend or waive Customer's payment obligations.
4. Full Payment Is Final — No Refunds After Completion
Once a project (or an agreed-upon phase or milestone of a larger project) has been completed and paid in full, that payment is final and non-refundable, regardless of the payment method used — cash, check, debit card, credit card, ACH, or any other form of payment. This applies even if Customer later changes their mind, becomes dissatisfied for reasons outside our Satisfaction Guarantee (Section 11), or is no longer able to use the completed work for reasons unrelated to our workmanship, such as selling the property or changing landscaping plans. For workmanship issues properly reported within the window described in Section 12, our sole remedy is to repair the issue, not to issue a refund, unless we agree to a different remedy in writing.
5. Chargebacks & Payment Disputes
If Customer pays by debit card, credit card, ACH, or any other electronic method, Customer agrees not to dispute, reverse, or request a "chargeback" of a payment for work that has already been completed and accepted under Section 12, except where there is an actual billing error (for example, being charged twice, or charged an amount that doesn't match the approved estimate or invoice) or genuinely unauthorized or fraudulent use of the payment method by someone other than Customer.
Filing a chargeback or payment dispute for completed, accepted work that is not a billing error or unauthorized use is a material breach of these Terms. If a bank or card network reverses a payment under those circumstances, Customer remains liable to The Landscaper Crew for:
- the full original amount reversed, as a debt owed under these Terms;
- any chargeback, dispute, or bank fees we incur as a direct result of the reversal;
- our reasonable administrative time and cost in responding to the dispute; and
- collection costs and attorney's fees as described in Section 2, and any other damages caused by the reversal, to the extent permitted by law.
The Landscaper Crew may pursue any lawful means to recover a wrongfully reversed payment and the damages above, including small claims court, civil suit, and the use of a collection agency, and may rely on the photographs, written sign-off, texts, emails, and other records described in Section 12 as evidence that the work was completed and accepted. Nothing in this section limits Customer's rights under federal or Texas law to dispute a genuinely unauthorized charge or an actual billing error.
6. Scheduling & Weather Delays
Landscaping services are weather dependent. We reserve the right to reschedule services due to rain, extreme heat, unsafe conditions, or material delays. A weather- or safety-related reschedule is not a cancellation by either party and does not affect any deposit or payment obligation.
7. Property Access & Property Condition
Customer agrees to provide clear access to the work area, including removal of vehicles, debris, pet waste, and personal items, and to disclose any known hazards, prior damage, drainage problems, or unusual underground installations on the property before work begins. We are not responsible for damage to items left in the service area, for delays caused by restricted access, or for issues arising from conditions Customer knew about but did not disclose. Additional costs or delays caused by restricted access or undisclosed conditions are Customer's responsibility and do not entitle Customer to a refund, credit, or claim against us.
8. Utilities & Irrigation
Before any digging, we request public utility locates through Texas 811. Public utility marking does not cover privately owned lines, so Customer is responsible for marking private utilities, irrigation lines, invisible fences, and other private underground installations. We will provide marking flags. We are not liable for damage to private lines that were unmarked or improperly marked.
9. Change Orders
Any work beyond the original scope of the approved estimate requires a change order. A change order is valid if confirmed in writing by text or email — a signed document is not required, but a purely verbal request with no text, email, or other written confirmation is not binding on either party. If Customer directs us, in writing, to perform additional work before a formal change order is written up, that work is still billable at our standard rates. Change orders may adjust pricing, payment due dates, and the project schedule.
10. Plant & Material Warranty
- The Landscaper Crew does not provide a full warranty on plants but is available to fully advise you on the proper techniques to maintain any plant.
- Hardscape materials are subject to manufacturer warranties only.
11. Satisfaction Guarantee
If something about our workmanship isn't right, tell us within the reporting window in Section 12 and we'll come back and make it right at no charge. The guarantee covers our workmanship. It does not cover plant survival (see Section 10), manufacturer defects in materials, damage from weather, pests, or lack of watering, or changes, damage, or alterations made by Customer or anyone else after we finish.
12. Final Acceptance & Walkthrough
When we finish a project, we'll do a final walkthrough with Customer when reasonably possible, or send photos of the completed work if Customer isn't available. Customer has 3 days after the walkthrough (or after we send photos, if no walkthrough happens) to notify us in writing — by text, email, or a call followed by written confirmation — of any workmanship concern covered by Section 11. If we don't hear from Customer within that window, the work is deemed complete, accepted, and satisfactory.
Dated photos and/or video taken by The Landscaper Crew before, during, and after a project, along with any written sign-off, text, or email confirming completion, are treated as conclusive evidence that the work was completed as described, absent clear proof of manifest error.
13. Cancellation Policy
If you cancel a job of $2,000 or more after it is scheduled, we will refund your deposit minus a $100 cancellation fee and the cost of any materials already purchased or special-ordered for your project. Deposits on jobs under $2,000 are non-refundable once the job is scheduled. This section applies before a project is completed; once a project is completed and paid for, Section 4 (Full Payment Is Final) applies instead. See our Refund & Cancellation Policy for a plain-language summary of this section.
14. Indemnification
Customer agrees to indemnify and hold The Landscaper Crew harmless from third-party claims, damages, and reasonable attorney's fees arising from inaccurate information Customer provided or failed to disclose under Section 7 (Property Access & Property Condition) or Section 8 (Utilities & Irrigation), except to the extent the claim is caused by our own negligence.
15. Limitation of Liability
We are not responsible for pre-existing property conditions, drainage issues, soil settling, or damage caused by factors outside our control. To the extent permitted by law, our total liability for any claim arising from a project is limited to the amount Customer paid us for that specific project, and we are not liable for indirect, incidental, consequential, or punitive damages.
16. Lien Rights
To the extent permitted under Texas law, including Chapter 53 of the Texas Property Code, The Landscaper Crew reserves the right to file a mechanic's and materialman's lien against the property for unpaid amounts owed for labor and materials we furnished.
17. Force Majeure
We are not liable for delay or failure to perform caused by events beyond our reasonable control, including weather, acts of God, government action, or material, equipment, or labor shortages.
18. Governing Law, Venue & Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Any dispute arising from these Terms or our services that we can't resolve directly will be brought in the state or federal courts located in Tarrant County, Texas, or the county where the work was performed, and Customer consents to personal jurisdiction and venue there. Either party may instead bring a qualifying dispute in small claims court. In any dispute, the prevailing party is entitled to recover its reasonable attorney's fees and court costs from the other party, to the extent permitted by law.
19. Electronic Signatures & Acceptance
Customer agrees that approving an estimate online, confirming by text or email, or paying any deposit, is Customer's electronic signature and acceptance of these Terms, and is enforceable the same as a handwritten signature under the Texas Uniform Electronic Transactions Act.
20. No Waiver; Assignment
Our failure to enforce any part of these Terms on any occasion is not a waiver of our right to enforce it later. We may assign our right to receive payment under these Terms (for example, to a collection agency) without Customer's consent. Customer may not assign their rights or obligations under these Terms without our written consent.
21. Entire Agreement; Severability
These Terms, together with the approved estimate and any invoice we issue, are the entire agreement between Customer and The Landscaper Crew regarding the project, and supersede any prior oral or written statements not included in the written estimate. If any provision of these Terms is found unenforceable, the remaining provisions stay in full effect.
22. Changes to These Terms
We may update these Terms from time to time, with changes posted on this page and a new effective date. For an estimate already approved, the version of these Terms in effect when Customer approved that estimate applies to that project.
23. Photos of Your Project
We may photograph and record video of the work area and completed project for our portfolio, website, and social media, and as documentation under Section 12. We avoid showing house numbers, people, or other identifying details without permission. If you would rather we not use photos of your property for marketing, tell us before or after your project and we will not use them that way.
24. Contact & Notices
Written notice to either party under these Terms may be given by email, text, or mail using the contact information on file. Questions about these Terms can be directed to contact@thelandscapercrew.com or (682) 238-0383.