A prerequisite to receive any type of service.

TERMS OF SERVICE AGREEMENT

09 July 2025

This Terms of Service Agreement (“Agreement”) becomes effective when you opt in by requesting or using services from My Dragonfly Native Gardens Inc. (“My Dragonfly Gardens,” “MDG,” “us,” “we,” or “the Company”). By accepting services, you consent to these Terms and any future updates, including changes to payment methods, fees, or policies. Updates will be communicated to you at the email address on file, and it is your responsibility to ensure you receive and review these notifications.

All customers must agree to this Agreement before services will be provided. Continued use of our services after updates are communicated constitutes your acceptance of the revised terms.

Ecological Garden Design Disclaimer

Our “Ecological Garden Design” and “Ecological Friendly Maintenances” incorporate sustainable practices, native and regionally adapted plants, and promotes the overall health of your site; however, this approach is descriptive and based on practical experience and site observation, not formal ecological certification, assessment, or specialized environmental studies, nor does it imply regulatory compliance.

Service Requests

Only homeowners and leaseholders may request service from My Dragonfly Gardens. Roommates, friends, or family members who 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 Customers that live, permanent or temporary, in two different locations, (aka “Snow Bird” and “Absentee Homeowners), the Customer must be present during service.

When maintenance Customers go on Holiday/Vacation, the Customer must communicate departure and return dates to Customer.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

Pricing

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, and others). We do not grow plants nor manufacture the parts and materials used in the Customers’ 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 variations 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.

Scheduling

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.

Insurance

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.

Animal Waste During Maintenance Service

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 close to humans. Despite said trade hazard, we are committed to protecting our Gardeners from any level of health hazard by going beyond OSHA’s workplace safety standards.

The Customers Responsibility

In contrast, the Customer is responsible to manage his/her animal waste reasonably. In the workplace where our Gardeners will be working, the immediate surroundings, 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 to prevent direct or indirect (i.e. smell) exposure of animal waste.

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 Customer 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

Billing & Taxes

Terms of Payment

Full payment for services rendered by My Dragonfly Native Gardens Inc. is due immediately upon receipt of the invoice, as indicated by the “Due Upon Receipt” notice. A grace period of two (2) calendar days is provided; if payment is received after this period, late fees will apply as detailed below. Clients are responsible for monitoring and retrieving their invoices following all services.

Some services may require a deposit, as specified in your Service Contract or approved quote. Accounts with a history of late payments may be required to prepay before additional services are scheduled.

Accepted Payment Methods:

Checks (accepted only when handed directly to authorized personnel on the day of service; mailed checks are not accepted and lost mailed checks remain the client’s liability)
Zelle
Credit Card (subject to applicable convenience fees)

Important Payment Policies:

Cash payments are not accepted.
Payments given directly to employees or deposited into employee accounts are not recognized as valid payments to My Dragonfly Native Gardens Inc.

Customers who pay via Zelle within one (1) day after the invoice due date receive a 1.5% cashback credit toward future services.

By accepting services, you automatically consent to these Terms of Service and any future communicated updates, including payment updates, fees, and policies. Continued use of services after any such communicated update constitutes acceptance of the revised terms.

Third-Party Payments

If you designate a third party (such as a family member, trust, or property management company) to pay your invoices, you remain fully responsible for ensuring timely payment. You are also liable for any penalties, fees, or service interruptions resulting from late or incomplete payments, regardless of third-party arrangements. Special delayed-payment arrangements can be made if mutually agreed upon at least 15 days prior to scheduled service.

Electronic Payment Preferences

To streamline processing and minimize delay, My Dragonfly Native Gardens Inc. may require electronic payments (Zelle or credit card) for recurring services or for balances above certain thresholds. Refusal to use approved electronic payment methods, or repeated account delinquency, may result in refusal of future service requests.

Non-Payment and Consequences

If payment is not received, or if any payment method is declined, My Dragonfly Native Gardens Inc. retains the right to suspend or interrupt services until all outstanding balances are settled. The Customer is responsible for any late charges, additional fees, and all collection costs incurred during the suspension.

Late payment incurs an additional $20 per week for any unpaid invoice after the grace period. All accounts must maintain a zero balance to qualify for future services.

Disputes and Collection Policies

If you believe there is a billing error, disputes must be submitted in writing to Billing@MyDragonflyGardens.com within 10 days of the invoice date. If the issue is due to a My Dragonfly Native Gardens error, all penalties will be waived.

Should collection become necessary, the Customer is responsible for all associated costs, including reasonable attorney fees and County Clerk filings. Failure to pay for services may be considered a material breach of this Agreement, and My Dragonfly Native Gardens Inc. may cancel future services and/or pursue all legal remedies available.

Sales Tax

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.

Miscellaneous Fees for maintenance

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, as well as who is scheduled to service your garden, are determined by the Service Report from the previous service and service requests made in advance by the Customer. We make an effort to match the Gardeners and your garden needs and special requrest.

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 and are considered fixed rates, therefore do not qualify for discounts:

The fuel fee, which is determined by the distance between your home and the office
Hauling of any garden debris
Garden waste bags
Cost of fetching Customer-paid supplies/materials/plants

WARRANTY.

SERVICES

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.

PLANTS

Although My Dragonfly Gardens is not in the business of selling plants, we may provide the services of fetching plants for Customers for a lump sum (cost of plants, paid sales taxes, the time it took to fetch the plants at a 50% of the hourly rate, delivery and installation). Plants are typically packaged with another service that includes delivery, and might include installation (as specified on the quote). 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 Customers’ 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 Customers receiving weekly Gardening Services (ask how it works and how you may qualify).

Location Release

By accepting our services, you are agreeing for us to take pictures and videos of plant material and other structures within your yard/garden (“Your Property”) to document our work, and findings and enable us to complete reports you will review. Unless advised otherwise in writing, your voluntary action to opt-in to this Terms of Service will authorize My Dragonfly Gardens to use said media in any manner we desire, for advertising, display, audio-visual, exhibition, educational use, or editorial use as long as we do not use your address or personal information.

Legal Stuff

TERM.

This Agreement will renew itself every time the Customer accepts services from My Dragonfly Gardens. It is the Customer’s responsibility to visit https://mydragonflygardens.com/gardening-terms-of-service/ to review the latest updates identified at the top of the page.

INDEMNIFICATION.

The Customer 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.

ASSUMPTION OF THE RISKS AND RELEASE.

General

The Customer recognizes that there are certain inherent risks associated with services described in Section 1 above, Description of Services, and the Customer assumes full responsibility for personal injury to the Customer and (if applicable) Customer’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 Customer’s and Customer’s family members, guests and pets’ activity during the time services are being provided whether caused by the fault of the Customer, the Customer’s family, guests, and/or pets.

COVID 19

The Customer 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 Customer assumes full responsibility for personal injury to the Customer and (if applicable) Customer’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 Customer, his/her family, My Dragonfly Gardens or other third parties.

The Customer acknowledges that My Dragonfly Gardens has followed all local and state requirements regarding the coronavirus pandemic to reduce the spread of COVID-19. The Customer acknowledges that My Dragonfly Gardens cannot guarantee that the Customer will not become infected with COVID-19.

Other Terms

INDEMNIFICATION. The Customer agrees to indemnify and defend My Dragonfly Gardens against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of My Dragonfly Gardens.

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 Customer either resides in or owns the property My Dragonfly Gardens is called upon to provide services. Therefore, it is the Customer’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 Customer 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 Customer’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 Customer fails to disclose the location of personal property or property infrastructure, the Customer 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 Customer 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.

OUR 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 Customer’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 Customers with an interest on the property.

DEFAULT.

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 Customer or by My Dragonfly

Gardens on behalf of Customer:

Failure to make a required payment when due.
Insolvency or bankruptcy of either party.
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.
Failure to make available or deliver the Services promptly provided for in this Agreement.
Failure of securing an authorized person on site for services that require the presence of a decision-maker.

REMEDIES.

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.

Discounts, Promotions, and Rewards

From time to time, My Dragonfly Gardens may offer discounts, promotions, rewards, referral incentives, or other special offers (collectively referred to as “Promotions”). All Promotions are subject to the following terms:

Non-Combining of Offers: Promotions may not be combined with any other discounts, special offers, or rewards within a single transaction, unless expressly stated in writing by My Dragonfly Gardens.
Eligibility and Availability: Participation in any Promotion is subject to eligibility criteria, availability, and any specific terms outlined at the time of the offer. My Dragonfly Gardens reserves the right to modify or discontinue any Promotion at its sole discretion without prior notice.
Limitations and Restrictions: Promotions are non-transferable, have no cash value, and cannot be redeemed for cash or credit unless otherwise specified.
Timing and Expiration: Each Promotion is valid only for the time period stated in the offer and may expire without further notice.
Fraud and Abuse: My Dragonfly Gardens reserves the right to cancel or adjust any Promotion in cases of suspected fraud, abuse, or violation of these Terms of Service.
Final Interpretation: In the event of any dispute regarding Promotions, My Dragonfly Gardens retains the sole authority for final interpretation and resolution.

Cancellation and Refund Terms

Non-Refundable Services

Services already provided are not eligible for cancellation or refund.

Refund Terms for Landscape Design Services

If a cancellation is requested within three (3) business days (Buyer’s Remorse period) from the agreement date, you are entitled to a full refund, minus a 5% processing fee if your deposit was paid by credit card.
Refunds are subject to the terms outlined in your signed Design Agreement.
My Dragonfly Gardens may also deduct fees for consultation time and any project-specific expenses incurred if you cancel after the three (3) business day Buyer’s Remorse period.
Refunds that have been approved are processed within seven (7) business days for digital payments. For payments made by check, processing takes up to 21 days unless the client submits bank information.

Cancellation Procedures and Additional Fees

All cancellations must be submitted in writing via email to Client.Services@MyDragonflyGardens.com; verbal or SMS (text) cancellations will not be accepted, as we cannot guarantee proper routing of such requests.
Customers must cancel future scheduled gardening (maintenance) appointments at least 72 hours in advance to avoid a $100 cancellation fee.

If you need to cancel a small installation as detailed in your approved quote, a minimum cancellation fee will apply to cover the rental and storage of plants and materials. This fee typically ranges from $300 to $700 if the cancellation occurs within seven calendar days of the scheduled installation date. Please note that some nurseries may charge a restocking fee or may not accept the return of plants, in which case you will be responsible for any associated costs.

Cancellations within seven (7) days of the installation date may incur higher fees, including any nonrefundable deposits paid to vendors or restocking fees for goods and services included in your quote.
The cancellation of signed contracts and proposals is governed by the terms within those agreements.

Additional Terms

For the full scope and limitations of your service, please refer to your signed Design Agreement and any accompanying documents.

FORCE MAJEURE.

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 the 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.

DISPUTE RESOLUTION.

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.

ENTIRE AGREEMENT.

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.

AMENDMENT.

This Agreement may be modified or amended in writing by My Dragonfly Gardens. All future amendments will be published on this page and communicated to you via email.

GOVERNING LAW.

This Agreement shall be construed per the laws of the State of Florida.

NOTICE.

Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by email.

ASSIGNMENT.

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.

CONTACT INFORMATION

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: terms@mydragonflygardens.com

These Terms of Services became effective as of July 15, 2020, with its last revision on July 9, 2025.