© 2018 BY KENTUCKY TWIST. PROUDLY CREATED BY IDEAIST DESIGNS.

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TERMS AND CONDITIONS

Please read below

DEFINITIONS

WORKMANSHIP WARRANTY

GENERAL

PROPOSALS AND ESTIMATES

TERMS OF PAYMENT

CHANGE ORDERS

LIABILITY

LANDSCAPE/HARDSTALLS/DRAINAGE INSTALLS SPECIFIC

MAINTENANCE SPECIFIC

SNOW & ICE MANAGEMENT SPECIFIC

Definitions

Unless the context indicates the contrary, the following words shall have the following meanings assigned to them.

  1. Contractor shall mean ‘Kentucky Twist Creations & Services, LLC.’;

  2. Client shall mean the person (s) name that appears on the project quotation/ deposit invoice. The address noted on the quotation/deposit invoice relates to the project/site address; 

  3. Parties shall mean the Contractor and the Client;

  4. Company shall mean the company that is hiring the services of Kentucky Twist Creations & Services, LLC.

  5. Agent shall mean the representative who is making decisions for the Company

  6. Project (or projects) shall mean the agreed landscaping design plan in conjunction with its associated quotation.

  7. Services shall mean the agreed upon specifications of provided services in conjunction with its associated quotation. 

  8. Property shall mean the physical location the services actually take place.

 

Workmanship Warranty

Kentucky Twist Creations & Services, LLC warrants all workmanship for services provided, once completed and approved by the Client. This warranty only applies to the labor (product warranties are not inclusive). The warranty will be null and void if it is determined that a deficiency is due to negligence, misuse, or abuse on the behalf of the Client, acts of God, or performance of work at the site by a party other than Kentucky Twist Creations & Services, LLC. The contractor shall carry out and complete landscape projects and services described in the estimate document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in specification shall prevail over the drawing.

 

General

Upon receipt of the projects deposit payment, signed proposal for services, or electronically signed proposal for services the parties agree that a binding agreement shall arise upon the terms and conditions set out hereinafter. Any stipulation or condition in any order or acceptance by the client which conflicts with these conditions shall be of no force or effort. Upon receipt of the projects deposit payment, signed proposal for services, or electronically signed proposal for services also confirms that the client understands and agrees to the layout and specifications shown on the design plan and associated proposal and/or specification for services associated proposal.

  1. If any provision of this agreement is declared by any judicial or other competent authority to be void, illegal or otherwise unenforceable, the provision shall be severed from this agreement to the extent required and the remaining provisions shall remain in full force and effect.   

  2. It is our policy to only deal with the property owner for residential services and an identified Agent for commercial services.  For commercial services, we will only take instruction from the Agent or a pre-arranged delegate of the primary point of contact.   

  3. You may not assign or sub-contract any of your rights. We may perform any or all of our obligations under this agreement through agents or sub-contractors, provided that we shall remain liable for such performance and shall indemnify you against any loss or damage suffered by you arising from any act or omission of such agents or sub-contractors.

  4. Supervision. In order to ensure the highest quality services, the Contractor agrees to employ fully trained supervisory personnel to make regular and scheduled inspections of the property, noting any deficiencies to be corrected, as well as pointing out the areas of superior service to the regular staff. In addition, upper management personnel will be available for inspection and follow-up as the situation warrants such attention.

  5. The Client shall provide water and electricity at no charge to, Kentucky Twist Creations & Services, LLC.

  6. It is very important and the responsibility of the Client to ensure we are made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.

  7. We accept no responsibility for works that have been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.

  8. This agreement constitutes the entire agreement between the parties and the client acknowledges that there are no collateral oral agreements or conditions in any way varying this contract, Any terms or conditions varying, or consensually cancelling this agreement shall be in writing and signed by both parties hereto.

  9. Contractor will furnish all labor, equipment, and materials to perform the specified duties under any agreement, except if otherwise stated in the agreement.

  10. The parties intend that an independent contractor/owner relationship will be created by this agreement. In the event of the purchase of any product and/or service from Kentucky Twist Creations & Services LLC., the Owner will be interested only in the results to be achieved and the conduct and control of the work force involved in performing this contract will lie solely with the Contractor. Contractor is not an employee of the Owner and is not entitled to the benefits provided by the Owner to its employees, if any.

  11. Our liability (if any) whether in contract or otherwise in respect of any defects in the work, or in breach of this agreement of any duty of care or otherwise owed to you in connection herewith shall be limited to the invoice value of the work.

  12. All warranties, either implied or expressed will be void if another contractor provides any service that infringes upon our services.

  13. Severability. In the case that any provision of an Agreement is determined to be invalid, illegal, or unenforceable as written, both the Owner and the Contractor intend and desire that such provision be enforced to the fullest extent allowed by law, and that the remainder of this Agreement shall not be affected in any way.

  14. Change in Terms and Conditions: We reserve the right to change these Terms and Conditions at any time. Notice will be given on our website, email, and/or direct mail.

  15. The client grants to Kentucky Twist Creations & Services, LLC, it's representatives and employees the right to take photographs of the Client and the Client's property in connection with the services that are provided by Kentucky Twist Creations & Services, LLC. The client authorizes Kentucky Twist Creations & Services, LLC., its assigns and transferees to copyright, use and publish the same in print and/or electronically. The Client agrees that Kentucky Twist Creations & Services, LLC. may use such photographs of the Client with or without the Client's name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.

 
Proposals and Estimates
  1. You will receive a standard project or services estimate, comprising of a description and an approximation of the cost of the project or services requested. Though every effort will be made to complete the work to this schedule you will however be liable to pay all costs associated with the project below.

  2. Date of Commencement. The date of commencement shall be the day in which any proposed service begins or product is delivered.

  3. Quotations are valid for a period of 30 days. If not accepted it shall become null and void. All proposals are subject to revision if not accepted within thirty (30) days. Proposals are based on the current price of labor and materials and can be adjusted after a thirty (30) day period for any unanticipated increases in same. The quoted price is a statement of the approximate charge for work to be done, submitted by Kentucky Twist Creations & Services, LLC. 

  4. Acceptance of the estimate involves acceptance of these terms in conditions of the contract documents. This represents a binding contract between the parties. It should be noted by the client that any attempt to cancel by the client will involve the client being liable to cancellation fee and any loss of expenses incurred as a result at the discretion of contractor. (Up to a maximum of 50% of the total of estimate.)

  5. The client warrants having full legal right to authorize Kentucky Twist Creations & Services, LLC to perform the service or project at the location indicated in the proposal and/or service agreement.

  6. We reserve the right to withdraw any quotation without notice before or after we receive your acceptance.  Dates specified for the commencement and completion of projects and/or services are estimates only and shall not form the essence of the contract.

  7. Pricing Standards. The prices set forth in any proposed agreement are based on the present wage scales and other benefits affecting a specific locality, the present services provided, and the frequency of work. In the event of any change in the above conditions, the contract price may be increased or decreased accordingly. Prices given in any proposed agreement are valid for thirty (30) days. Prices are not to be frozen based on previous purchases of products and/or services by any specific Owner.

 
Terms of payment
  1. The client will be responsible for all payments to, Kentucky Twist Creations & Services, LLC. unless otherwise notified in writing prior to commencement.

  2. Lawn and Landscape services are billed on a NET 30.

  3. Landscape projects require a deposit for materials expected prior to the commencement of the project. Payment for the remainder will be due in weekly stage payments. Any extra works, or cost due to unknown difficulties is excluded from this estimate. Terms apply.

  4. Snow and ice management are billed on a NET 15.

  5. The contractor will only ask for the estimate price, unless there are any unforeseeable difficulties, or the work has been increased. In either case all work will be paid for.

  6. Email is the preferred method for sending out invoices

  7. In the event the owner makes a payment as required under this Customer Agreement, and then subsequently reverses payment either in the form of a stop payment on a check, or a chargeback on a credit card payment, the owner acknowledges and agrees that such act is a breach of this Customer Agreement by the owner. In such case, the owner acknowledges and agrees that Twist Kentucky Twist Creations & Services, LLC is relieved of its responsibility to perform any further work on the project until payment is made in full for the entire Contract amount and any other amounts due pursuant to this Customer Agreement. The owner agrees to pay an administration fee of $50.00 for any NSF (non-sufficient funds) checks or checks subsequently cancelled via a stop payment. The owner agrees to pay an administration fee of $50.00 for any credit card tendered as payment, but subsequently charged back by the issuing bank. The owner acknowledges and agrees that in the interim Kentucky Twist Creations & Services, LLC shall have the right to pursue collection of such payment.

  8. Billing

    • Billing will be generated on the first day of the month for annual payment plans and on the day services are rendered for all other projects or services. Payment is due within 30 days unless other arrangements have been made. Your bill will reflect the date that your lawn was serviced each week. Payment options available are: pay through the customer portal at www.kentuckytwist.com, pay by check, over the phone by credit card. Crews on the property will not accept payment for services unless the owner is present.

    • Kentucky Twist Creations & Services, LLC offers multiple payment terms to accommodate the different owner preferences and services offered by Kentucky Twist Creations & Services, LLC. Invoices and Statements will be sent by email to the address provided in each customer record.

  9. Annual Payment Plans: all services during the year will be added together, and divided into 12 equal monthly installments. Monthly invoices will be sent at the beginning of each month (beginning in April), and will consist of 1/12th of your annual total. This will make your lawn care bill consistent from month to month.

  10. Per Occurrence: then invoice you for only the services provided that at the time when the service is provided.

  11. Landscape/Hardscape/Drainage Projects: Materials up front. Balance at completion or divided up over 3 months. 15% monthly late fee after 45 days. All services estimated for more than $1,000 are subject to the following special considerations:

    • Materials and materials for ‘change orders’ at minimum must be paid before work begins and continues.

    • Final payment and all ‘change orders’ are due upon substantial completion of project, and the account will be considered past due after 30 days.

  12. Snow removal will be invoiced separately after each event. Net 15. Late after 30 days. Please contact us with any questions. We are here to serve you.

  13. Late Fees

    • Interest will be charged from the due date of payment of all invoices at 15% monthly interest rate 45 days from the invoice date until actual payment is received.

    • Service will temporarily stop if account has not been paid for two (2) months. Returned checks will result in a $35.00 returned check fee.  Declined credit cards will result in a $25 credit card processing fee.

    • Late fees not paid will be forwarded to the next monthly invoice.  If there are circumstances that will delay payment, call the office OR email us and let us know PRIOR to the due date.  Any dispute in charges or quality of service must be brought to our attention within three (3) days NOT after the fact and when the payment is past due. ALL OVERDUE ACCOUNTS ARE SUBJECT TO INTEREST AT A RATE OF 15% MONTHLY INTEREST.

  14. Collection

    • If we do not receive payment in full by the 45th day past the invoice dates. If the balance isn’t paid in full after 60 days our office trying to contact you either by phone or letter, your account will be turned over to a collections agency. If the account is over 90 days late, you can be taken to small claims court immediately and you will be responsible for attorney fees and all court costs.

    • Future service can be canceled or postponed at our discretion without notice on all past due accounts.

    • All cost incurred in the collection of past due balances, finance charges associated to the above, and any legal fees resulting from the above collections are the sole responsibility of the customer.

    • If Kentucky Twist Creations & Services, LLC is required to engage the services of a collection agency or an attorney or file a Mechanics’ Lien against real property, the owner acknowledges and agrees to reimburse Kentucky Twist Creations & Services, LLC for any and all attorneys’ fees, filing fees and associated costs incurred in the collection process.

    • If the Client files a counter-claim against Kentucky Twist Creations & Services, LLC in any Mechanics’ lien or other legal action, then Kentucky Twist Creations & Services, LLC shall be entitled to recover all costs, attorneys’ fees and expenses of litigation incurred in the defense of said action.

  15. Billing Disputes:All disputes must be called into the office immediately following you receiving the invoice. If you fail to call the office all invoices are expected to be paid by their appropriate due date. Please see collection section for what action is taken on past due accounts.

  16. Credit Card Policy:To better serve you, we are now accepting credit and debit card payments at no additional charge. All major domestic cards are accepted. Your safety and security is very important to us. We will keep all information (name, address, phone number, account information, and email address) private and secure. Automatic payments are available at no additional charge. You may also call Kentucky Twist Creations & Services, LLC., and we can process credit/debit card payments over the phone. We want to make caring for your lawn as simple and accommodating as possible for you. Please contact us with any question. We are here to serve you.

  17. Automatic Payments

    • Automatic payments are available at no additional charge. Your safety and security is very important to us. We will keep all information (name, address, phone number, account information, and email address) private and secure. Payments will be submitted on the 5th of each month, allowing time for processing before the invoice due date. If you prefer a different date to process the automatic payment, please inform us, and we will accommodate your needs. To begin automatic payments please fill out the included Credit Card Authorization Statement with all necessary information, and return it with your signed estimate contract. Please contact us if you have any questions. We are here to serve you.

    • You agree that by providing credit card details as the preferred payment method or security for our charges you have provided us authorization for funds to be taken from that card upon completion of work AND/OR when invoices are unpaid by the agreed terms, AND/OR at a time when, at our discretion, the security needs to be processed, AND/OR to fulfill payment obligations under annual contract agreements when services are terminated due to property transfer, property change of ownership, non-transfer of annual services agreement to new property owners, etc.  Furthermore, you agree that by providing your credit card as a form of payment, in such events where your credit card is declined, you agree to a $25 credit card processing fee.

  18. Sale of Property under Annual Payment Plan Agreement

    • We do not issue credits or refunds.  Annual Contracts are transferred to the new property owners should the Annual Contract property be sold or transferred.  By entering into a contract (either in writing, e-mail, or verbally) with us, you agree to these terms and conditions.  Annual Maintenance Contracts will forfeit any and all discounts should the payments fall in arrears greater than 60 days.  Annual Contract customers are responsible for providing updated credit card information.  Credit cards declined due to expiration dates will incur a $25 credit card processing fee.

    • In the event a property is sold or transferred, it is up to the original property owner who signed the Annual Contract agreement to pay any remaining balance on services rendered in full at the time of cancellation.  Any AND/OR all remaining services resume under the new owners should the new owners wish to continue service under the original Annual Contract.  Any unpaid balance(s) on an Annual Contract will be paid in full at the time of cancellation and any subsequent and/or remaining services will be forfeited.  There are no credits or refunds issued if the property is sold or transferred.  

 

Change Orders

A ‘Change Order’ will be issued if there are modifications or a change in scope to the original Quote/Estimate, or if there is an increase in the quantity or price of materials, or if further work is required.

  1. The quote is detailed to provide a transparent schedule of costs to the clients. Any changes thereto will require changes to the quote and additional costs relating to these changes will be for the clients account. 'Kentucky Twist Creations & Services, LLC’ will endeavor to ensure that the client is informed of such costs during the course of the project. All details of such costs will be provided to the client in detail. 

  2. If you instruct us either verbally or by virtue of a signed contract to complete a project or buy materials and then cancel that instruction, we reserve the right to charge you for the cost of any time and materials incurred by us, including a 20% restocking fee.  Special order materials may not be returned and will be delivered to the customer premises regardless of any cancellation.  Our labor rate is $45 per labor hour per person (tree service is $125 per labor hour per person).  Mileage will be charged at the current IRS rate and will be calculated per vehicle. 

  3. Any addition and/or alterations to the schedule shall be properly treated as variations and subject to written instructions.

  4. If you are looking to have something changed about your service, such as possibly having your day switched or having your lawn cut shorter, you may tell the worker in the Blue shirt (that is the foreman) that is present for that day. This only applies to having the lawn cut shorter so that the foreman knows for that day. Please give our office a call so that it is properly taken care of and doesn’t get over looked the following week, especially if you are inquiring about having your day switched. We don’t always get told when you let our crews know something and things get missed that way.

  5. Modification: Agreements may not be modified in any respect except upon mutual agreement of the Owner and the Contractor in the form of a Contract Change Order signed by both parties.

  6. Adjustments: The prices set forth in any agreement are based on the present wage scales and other benefits affecting Kentucky Twist Creations & Services, LLC in each locality, the present services provided, and the frequency of work. In the event of any change in the above conditions, the contract price may be increased or decreased accordingly from the date the change is effective.

  7. Extra services are provided upon request. Owner and Contractor agree that extra services can be provided on request at an additional labor and material charge.

  8. Canceling Services: In order to cancel your services, Kentucky Twist Creations & Services, LLC must be notified in writing and be given at least 30 day notice. Your service will be canceled 30 days after receipt of your cancellation notice. The office will call and confirm that we receive your letter. Please see your agreement for possible cancellation fees.

  9. Termination: Any agreement may be modified from time to time as set forth above, and may be terminated in its entirety by either the Client or the Contractor at any time by giving notice in writing at least thirty (30) days prior to the desired date of termination. The Client or the Contractor must give notice in writing of the desire to terminate the agreement before the start of the following landscape season (March) or the landscaping maintenance portion of the contract will self-renew for an additional season.)

  10. “No Notice Cancellation”: Cancellation of any service appointment without a 24 hours’ notice will result in a “No Notice Cancellation Fee” of $50.00 being charged to the Client (Voicemails are not an acceptable form of notification). The Client acknowledges and agrees to this term and condition and agrees Kentucky Twist Creations & Services, LLC shall have the right to pursue collection of such payment.

 
Liability
  1. The contractors liability for damage caused by it, its employees or sub-contractors, shall be covered by the relevant contractors or sub-contractors liability insurance for the duration of the project, once the project is complete and signed off by both parties the site will then be handed back to the client and all liability to ‘Kentucky Twist Creations & Services, LLC’ or its sub-contractors be removed.

  2. Indemnity. Contractor agrees to hold Owner harmless from any and all claims, costs, expenses, losses, or liabilities of every kind or nature, including attorney’s fees, arising out of or in any manner connected directly or indirectly with Contractor’s performance or failure to perform duties and services under this agreement.

  3. Contractor shall carry and provide evidence of a minimum of $1,000,000.00 for bodily injury and $1,000,000.00 for property damage, including Broad Form Property Damage. Owner will receive within fifteen (15) days a written notice prior to any cancellation of said coverage.

  4. Damage/Deficiencies. If the owner makes or wishes to make a claim in relation to any work performed by the Contractor, the owner acknowledges and agrees to notify the Contractor in writing and then permit the Contractor or its agents to inspect the work complained of and make any necessary corrections and repairs in order to correct any deficiency that may exist in the work performed. The sole obligation of the Contractor in relation to any such claim is to repair or correct any such deficiencies at its own expense.

  5. The failure of the owner to permit the Contractor or its agents to make the necessary correction or repairs fully releases the Contractor or its agents from any and all liability in relation to the complained of work and renders any warranties, whether actual or implied, null and void. Under no circumstances shall the Contractor be responsible or liable for any indirect or consequential damages, and the owner hereby waives any claims for such damages.

  6. Contractor agrees to indemnify Client against all liability and loss in connection with, and shall assume all liability for payment of all Federal, State, and Local taxes or contributions imposed or required under Unemployment Insurance, Social Security, Workers’ Compensation, and Income Taxes with respect to Contractor or Contractor’s employees engaged in the performance of the agreement.

  7. Neither party shall be under any liability to the other party for any loss, damage, injury, delay or failure to perform any obligation hereunder if the same is wholly or partly caused, whether directly or indirectly by circumstances beyond its reasonable control.

  8. Customer Satisfaction

    • The customer has the duty to inspect the property within three (3) days after work has been completed. Notice of reasonable dissatisfaction must be given within this time. Kentucky Twist Creations & Services, LLC will have three days to correct such work at no additional cost. Failure to notify Kentucky Twist Creations & Services, LLC shall constitute a waiver of any claim against the dissatisfaction.

    • All work and materials (unless otherwise stated within these terms and conditions) are guaranteed for a reasonable time frame as governed by us, on an individual basis. If you are not satisfied with our work you must contact us within three (3) days of completion of the work, so that we can inspect the work and, if required carry out any remedial work at our expense. You agree if you do not contact us within three (3) days, we shall have no liability.

  9. Complaints

    • Any complaints that you may have should be addressed with the office staff immediately. If we are not informed in the office then there is no way for us to fix our mistakes. We take pride in our work and want you to be happy with every service you receive. Once a complaint comes in it is addressed with the crew that was on your property and it is handled promptly.

    • Notification of deficiencies in the performance of any agreement may be made either of two ways:

      1. In writing or email, stating the exact nature of the deficiency.

      2. By telephone call to the Contractor. (Voicemails are not acceptable and calls are recorded for quality assurance)

    • In any event, Contractor shall acknowledge the alleged deficiency. After investigation, if Contractor is at fault, the deficiency shall be corrected immediately. If the deficiency is caused by factors other than the Contractor’s error, Owner may, at extra charge, hire Contractor to correct deficiency.

    • In the event that the parties fail to resolve any disputes that might occure, then the matter shall be referred to litigation for determination. The rules of the trying court shall be controlling for purposes of the decision, the cost of which, including reasonable attorney's fees, shall be the responsibility of the party who fails to prevail in the issue determined by the court. Contractor shall have the right to file or pursue a mechanics' lien claim in order to preserve its mechanics lien rights against the owner in the appropriate court. In the event that the contractor prevails in such an action, the owner shall be responsible to pay the contractor for the attorney's fees and cost that the contractor incurred in the prosecution of such claim.

 

Landscape/Hardscapes/Drainage Installs Specific
 
Maintenance Specific
 
Snow & Ice Management Specific