TERMS OF SERVICE AGREEMENT
23 July 2022
This Terms of Service Agreement for maintenance and installation services becomes effective on the date the Client opt-ins and is between My Dragonfly Gardens and the Client.
Whereas My Dragonfly Gardens, which is legally known as My Dragonfly Native Gardens, Inc. hereunder referred to as My Dragonfly Gardens, “MDG”, “us”, “we”, and “Company”.
Whereas when you (hereafter referred to as “Client” or “The Client” or “you”) request or use our services, you are accepting this Terms of Service Agreement (hereinafter referred to as the “Agreement”) and any subsequent revisions.
Whereas this Agreement may be updated from time to time. You will be given proper notice of future revisions by email from Client.Services@MyDragonflyGardens.com. It is up to you to make sure emails from Client Services that are sent to the email address you provided to us, and updated as changes occur, are read by you. The company fulfills its responsibility to provide you proper notice from a third party marketing application that generate tracking capabilities.
Whereas by accepting services from us after being properly notified, you are automatically opting into new terms of service updates that were communicated to you as described above.
Whereas all clients wanting to receive maintenance must opt-in to the terms of service herein before My Dragonfly Gardens agrees to provide services.
Description of Services
My Dragonfly Gardens offers garden-related services and activities. The following are examples of these:
· Landscape design
· Habitat design
· Installation of hardscape
· Installation of plants
· Installation and/or repair of irrigation
· Permaculture and other similar practices
Each of the above services, as everything we do, is tailored to the environment where the services are provided. The pricing method varies and is subject to the type of work. Gardening is based on an hourly rate, per gardener while other services are contracted at an agreed sum-lump price. Hourly rates may change from time to time to accommodate economic variables and are communicated directly to the clients via emails.
Only homeowners and leaseholders may request service from My Dragonfly Gardens. Roommates, friends, or family members that are not the legal owners of the property or hold a lease contract in their name may not request services from us. Leaseholders are limited to the level of service they may request. Anything beyond gardening will require a property owner’s written approval, on behalf of self and anyone with a legal interest in the property.
All services must be pre-approved by a homeowner or leaseholder. When homeowners or leaseholders explicitly assign a third party to supervise, manage, and/or prescribe services, it is implied that such a third party has the power to approve completed work. Said homeowner or leaseholder waives his/her rights to all future claims once the completion of the work is approved by the assigned third party. Late payments due to internal conflicts between the homeowner and leaseholder will be incurred in late penalties, as prescribed by billing terms.
All design and installation services will be performed per approved specifications (aka Landscaping Agreement). Even then, changes to the plan may be necessary due to unexpected findings while executing the work or during the site inspection. Changes will be discussed with the authorized on-site person, by title or assignment, to approve final work, who must be available at the job site. In the event an authorized person is not available, My Dragonfly Gardens will follow best practices. Additional charges may apply if changes are necessary.
Except for clients that live, permanent or temporary, in two different locations, (aka “Snow Bird” and “Absentee Homeowners), the client must be present during service.
When maintenance clients go on Holiday/Vacation, the client must communicate departure and return dates to Client.Services@MyDragonflyGardens.com with instructions on how to proceed and communicate with you in the event we need to. We reserve our rights to services you garden during your absence and may require prepayment as we see fit.
Installation & Additions
Installation pricing on any quote is based on standard installation practices and does not include overcoming hurdles under the surface (i.e. rocks, barriers, roots, others). We do not grow plants nor manufacture the parts and materials used in the clients’ gardens. Therefore, the availability and cost of plants and materials are controlled by the providers. All quotes have an expiration date that may vary and is subject to the source’s terms. Your final price is not guaranteed until we purchase the plants and materials, which may be weeks after the deposit is paid. You will be advised of significant variation in prices, specimens, and availability.
Most pricing is sales tax, delivery, and installation inclusive. Additional delivery fees may be charged to offset the extra cost associated with the transporting of goods from the source or specified in the quote, and subsequently in the Landscaping Agreement.
Schedules are set on a first come first serve basis and may change with no or little advance notice. Job scheduling is dependent upon weather conditions, supply availability, and workload, and may change. Your deposit will add your installation to our calendar and will trigger the purchase of plants, materials, and parts needed to fulfill the agreement.
Our employees are covered by Worker’s Compensation. The company is insured for personal injury and property damage liability. Certificates of Insurance are available upon request.
My Dragonfly Gardens’ Responsibility
As Gardeners, we are exposed to pathogens from poorly managed animal feces -or unusual cases of urine- particularly in communities where animals live in close proximity to humans. Despite said trade hazard, we are committed to protecting our Gardeners from any level of health hazard.
The Clients Responsibility
In contrast, the client is responsible to manage his/her animal waste reasonably. In the workplace where our Gardeners will be working, the immediate surrounding, including but not limited to other areas of ingress and egress to where the garden bed is or garden beds are, must be reasonably kept waste free, at least two (2) days prior the scheduled services date.
As a remedy, our Gardeners are authorized to walk out of a job, with pay up to three (3) hours per employee, where evidence of animal waste is properly documented by each employee. To qualify, they are required to document the presence of animal waste and immediately notify their supervisor. In such case, regardless if service is provided or not, the client agrees to pay MDG as follows:
· Three hours at the regular rate for one Gardener
· Five hours at the regular rate for two Gardeners
· Three hours per Gardener at 60% of the regular rate
Terms of Payment
Full payment shall be made to My Dragonfly Gardens upon completion of Services or receipt of the invoice. Some services require a deposit in the amount specified in the Service Contract or client-approved quote, when applicable. Previously delinquent accounts may require prepayment.
All payments must be made payable to My Dragonfly Gardens in the form of a check, eCheck, or credit card. We may charge the client a credit card convenience fee. Clients paying through the ACH Bank Transfer service receive a 1.5% cashback that will be credited to future services.
Cash payments are not accepted. Payment to employees or employees’ accounts is not allowed and may not be recognized by My Dragonfly Gardens as paid services.
If any invoice is not paid when due, Upon Receipt + a 2-day grace period, a late fee of $30 will be added to the balance, and $20 every week thereafter until the full balance is paid. Billing disputes must be sent in writing to [email protected], to the attention of Victor Ortega. If the disputed amount is an error of MDG, all penalties will be waived.
The client shall pay all costs of collection, including without limitation, reasonable attorney fees, and County Clerk filings. In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, My Dragonfly Gardens has the option to treat such failure to pay as a material breach of this Agreement and may cancel future Services and/or seek legal remedies.
Sales tax will be added as per local jurisdiction, when applicable. The Florida Department of Revenue allows the lump sum billing method, which does not require us to collect sale taxes on its behalf, as the services rendered are considered a real property improvement.
Although it is rare, we will collect sales tax on behalf of FDOR on all sales of single items and goods.
During maintenance services, we provide labor, expertise, and the necessary skills to tend to your garden and nature. We also include tools to perform the work satisfactorily, for that visit. The scope of work for each visit is determined by the Service Report from the previous service and clients’ special requests and/or specialized or seasonal plant material. We make an effort to match the Gardeners and your garden needs.
We reserve our rights to provide our services, which are primarily based on our six core values: Social responsibility, Sustainability, Healthier Environment, Harmony, Wildlife, and Education.
The following services are not included in the hourly rate.
This Agreement will renew itself every time the Client accepts services from My Dragonfly Gardens. It is the client’s responsibility to visit https://mydragonflygardens.com/gardening-terms-of-service/ to review the latest updates identified at the top of the page.
The client agrees to indemnify My Dragonfly Gardens and holds harmless from all claims, losses, expenses, and fees including attorney fees, costs, and judgments that may be asserted against My Dragonfly Gardens that result from the acts or omissions of My Dragonfly Gardens and/or My Dragonfly Gardens’ employees, agents, contractors or representatives.
My Dragonfly Gardens shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in My Dragonfly Gardens’ community and region and will provide a standard of care equal to, or superior to, care used by service providers similar to My Dragonfly Gardens on similar projects.
The sale of plants is a service My Dragonfly Gardens provides to its clients. Plants are typically packaged with another service that includes installation and delivery. When purchased from us, plants have a limited 60-day warranty for pests and other diseases that came with the plant. Some plants may not perform as well in your garden as in other clients’ gardens. Drought, failure to irrigate plants as prescribed, and other local conditions such as poor drainage, soil acidity, pests, pets, and, but not limited to, diseases, are not covered by the warranty. An extended warranty is available for clients receiving weekly Gardening Services (ask how it works and how you may qualify).
ASSUMPTION OF THE RISKS AND RELEASE.
The Client recognizes that there are certain inherent risks associated with services described in Section 1 above, Description of Services, and the Client assumes full responsibility for personal injury to the Client and (if applicable) Client’s family members, guests, pets, and further release and discharges My Dragonfly Native Gardens, Inc. DBA My Dragonfly Gardens and all its subsidiaries and affiliates for injury, loss, or damage arising out of the Client’s and Client’s family members, guests and pets’ activity during the time services are being provided whether caused by the fault of the Client, the Client’s family, guests, and/or pets.
The client acknowledges the risks associated with the above-described activities and services regarding COVID-19, acknowledges the contagious nature of COVID-19 and understands that CDC and public health authorities recommend the practice of social distancing and the use of facial masks, and the Client assumes full responsibility for personal injury to the Client and (if applicable) Client’s family members, and further release and discharges My Dragonfly Gardens for injury, loss or damage arising out their presence on my property, whether caused by the fault of Client, his/her family, My Dragonfly Gardens or other third parties.
The Client acknowledges that My Dragonfly Gardens has followed all local and state requirements regarding the coronavirus pandemic to reduce the spread of COVID-19. The Client acknowledges that My Dragonfly Gardens cannot guarantee that the Client will not become infected with COVID-19.
APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
FAMILIARITY WITH PROPERTY COMPONENTS.
The Client either resides in or owns the property My Dragonfly Gardens is called upon to provide services. Therefore, it is the Client’s responsibility to be thoroughly familiar with the property’s components, also known as personal property and property infrastructure, that are either buried underground or behind vegetation or underwater. The Client should advise My Dragonfly Gardens of the location of said personal property and property infrastructure.
It is My Dragonfly Gardens’ responsibility to contact utility companies servicing the client’s property to identify underground installation before commencing any service requiring digging below the surface. This service does not identify the location of any personal property (i.e. irrigation pipes, etc.).
Therefore, if the Client fails to disclose the location of personal property or property infrastructure, the Client releases My Dragonfly Gardens of any liability in the event of any of the aforementioned being damaged by My Dragonfly Gardens while providing the Service. My Dragonfly Gardens may, in good faith, provide labor limited to a one-man-hour to repair the damage. The Client agrees to pay for parts and/or materials required to correct the damage and any expenses associated with getting the parts to the sub-site such as delivery charges, travel costs, and additional man-hours.
RIGHT TO REFUSE SERVICES.
My Dragonfly Gardens reserves the right to refuse to provide services. An example of refusal of services includes but is not limited to the scope of work that may be on or beyond the client’s property line, that represents a potential danger to other people, or it may be illegal, among other reasonable scenarios including conflicting versions from qualified clients with an interest on the property.
The occurrence of any of the following shall constitute a material default under this Agreement and is grounds for cancellation of any services scheduled by the Client or by My Dragonfly
Gardens on behalf of Client:
1. Failure to make a required payment when due.
2. Insolvency or bankruptcy of either party.
3. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency.
4. Failure to make available or deliver the Services promptly provided for in this Agreement.
5. Failure of securing an authorized person on site for services that require the presence of a decision-maker.
In addition to any of the rights, a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such period shall result in the automatic termination of this Agreement.
CANCELLATION OF GARDENING SERVICE & INSTALLATIONS.
All cancellations must be done in writing only via email to Client.Services@MyDragonflyGardens.com, no exceptions. Verbal cancellations or via SMS (text) are not accepted as we cannot guarantee to route your request to the right personnel.
If the Client chooses to cancel a small installation, those from the client-approved quote, there will be a minimum cancellation fee equal to the cost of rentals and storage of plants and materials, averaging from $300 to 700, when canceled within seven calendar days before the agreed upon installation date. Note that cancellations within seven (7) days preceding the installation date may include higher fees which are subject to any nonrefundable deposits My Dragonfly Gardens has paid to vendors on behalf of the client and/or restocking fees for goods and services included in the quote.
The cancellation of signed contracts and proposals is governed by the terms within the contract or proposal.
If the performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party is unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, pandemic, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiation amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This agreement supersedes any prior written or oral agreements between the parties. A Service Contract Agreement will supersede this Agreement and will be specific to services other than gardening.
VALIDITY OF THIS AGREEMENT.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Terms of Service is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Agreement may be modified or amended in writing by My Dragonfly Gardens. All future amendments will be published on this page.
This Agreement shall be construed per the laws of the State of Florida.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by email.
Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, for which approval shall not be unreasonably withheld.
My Dragonfly Gardens welcomes your questions and comments regarding this Terms of Service. If you believe that My Dragonfly Gardens has not adhered to this Statement, please contact My Dragonfly Gardens at:
My Dragonfly Native Gardens Inc.
PO. Box 116, Minneola, Florida 34755-0166
Email Address: [email protected]
Telephone number: 1(407) 627-0811
These Terms of Services became effective as of July 15, 2020, with its last revision on July 23, 2022.
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