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Terms of Service

TERMS OF SERVICE AGREEMENT

List of Five Recent Updates.

  • 5. “Pandemic” was added to section 17. Force Majeure
  • 4. COVID-19 was added to section 6. Assumption of the Risk and Release
  • 3. “Others” was added to section 1. Description of Services
  • 2. A plant subsection was added to section 5. Warranty
  • 1. Service fees

 

My Dragonfly Gardens is legally known as Attribute Marketing Inc. DBA My Dragonfly Gardens, hereunder referred to as My Dragonfly Gardens.  When you (hereafter referred to as “Client”) request or use our services, you are accepting this Terms of Service Agreement (hereinafter referred to as the “Agreement).

This Agreement may be updated without notice.  If the update impacts services quality or Clients’ experience, My Dragonfly Gardens will notify Clients of such updates to Client’s email address on file within five (5) business days.  All other updates, including those notified by email, will be part of the above List of Five Recent Updates.

DESCRIPTION OF SERVICES.

My Dragonfly Gardens offers garden related services. Examples of these services include the following:

  1. Gardening
  2. Landscape design
  3. Habitat design
  4. Installation of hardscape
  5. Installation of plants
  6. Installation and/or repair of irrigation
  7. Others

SERVICE REQUESTS.

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 leaseholder may not request services from us, unless is approved in writing by, at least, one of the property owners of record or leaseholder. Leaseholders are limited to the level of service they may request.  Anything beyond gardening will require a property owner’s written approval.

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.

All design and installation services will be performed per approved specifications (aka drawing or schematic).  Even then, changes to the plan may be necessary due to unexpected findings while executing the work.  Changes will be discussed with the person authorized to approve final work, who must be available at the job site or by phone. In the event an authorized person is not available, My Dragonfly Gardens will follow best practices.  Additional charges may apply if changes are necessary.

PAYMENT.

Full payment shall be made to My Dragonfly Gardens upon completion of Services. Some services require a deposit in the amount specified in the Service Contract, when applicable.

All payments must be made payable to My Dragonfly Gardens in the form of a check or credit card (5% will be added to credit card payment less than $200).  Cash payments are accepted but must be approved by My Dragonfly Gardens’ management.  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, interest will be added to the balance in the amount of 24 percent (24%) per year, or the maximum percentage allowed under applicable Florida laws, whichever is less.  Past due amounts will be calculated for one full month in advance at a monthly rate of 2% on the balance.

The client shall pay all costs of collection, including without limitation, reasonable attorney fees. 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 the future Services and/or seek legal remedies.

TERM.

This Agreement will renew itself every time the Client accepts services from My Dragonfly Gardens.

INDEMNIFICATION.

Client agrees to indemnify My Dragonfly Gardens and holds harmless from all claims, losses, expenses, 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.

WARRANTY.

Service

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

The sale of plants is a service My Dragonfly Gardens provides to its clients.  Plants have a limited 60-day warranty for pests and other diseases that came with the plant. 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.  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.

General

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 and pets, and further release and discharges Attribute Marketing Inc. DBA My Dragonfly Gardens 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.

COVID 19

The Client recognizes that there are certain inherent risks associated with the above-described services regarding COVID-19, acknowledge the contagious nature of COVID-19 and understand that CDC and public health authorities recommend the practice of social distancing and the Client assumes full responsibility for personal injury to his/herself and (if applicable) Client’s family members and pets, and further Client releases and discharges My Dragonfly Gardens for injury, loss or damage arising out of Clients’ use of My Dragonfly Gardens’ Services, whether caused by the fault of Client, Client’s 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.

FAMILIARITY OF 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 if in the event of any of the aforementioned is damaged by My Dragonfly Gardens while providing the Service.  My Dragonfly Gardens may, in good faith, provide labor limited to 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 if a job may be on or beyond the client’s property line, this represents a potential danger to other people, or maybe illegal, among other reasonable scenarios including conflicting versions from qualified clients.

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 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.

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.

CANCELLATION OF GARDENING SERVICE.

The Client must cancel future scheduled gardening appointments at least 24 hours before the appointment to avoid a $50 cancellation fee. 

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 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.

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.

 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, 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:

My Dragonfly Gardens, c/o Attribute Marketing Inc.

 

This Terms of Servcies became effective as of July 15, 2020, with its last revision on November 4, 2020.