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Terms and conditions for Above & Beyond Tree and Shrubbery Service.
By agreeing to our service contract you agree to these terms and conditions.
Tree Service minimum visit charge: Above & Beyond charges a minimum of $485 to do tree services. While lower amounts may appear itemized in the proposal, they cannot be selected individually.
Payment: Payment is due immediately upon completion of the work. All cards on file can/will be processed for final balance once work is completed. If additional work is needed or additional charges incurred, Customer shall pay for such work within upon receipt of the invoice. Failure to remit full payment when due shall result in a $50 late fee, plus interest at the rate of 18% per annum. Above & Beyond is entitled to its costs and reasonable attorney fees and appellate attorney fees for collection. Any partial payments will be first credited to penalties, interest, costs and attorney fees before credit to principal.
(At 21 days all discounts will be removed from the invoice/job description. If an invoice goes to 30days past due the invoice & client will be sent to collections.)
Tree Ownership: Customer warrants that all trees/stumps listed or referred to in the proposal, or in any communication by Customer, are either: (1) located on the Customer’s property; and/or (2) Customer has received full permission from the owner to enter into this Contract. Should any tree/stump be mistakenly identified as to ownership, the Customer agrees to indemnify Above & Beyond for any damages or costs incurred as a result thereof pursuant to the indemnity provision herein.
Work Zone: The Work Zone shall include all areas used and to be used by Above & Beyond in the performance of the work, including all areas needed for mobilization, access, hauling, boom swing, ingress and egress. Customer warrants that the Work Zone is either: (1) located on the Customer’s property; and/or (2) located on another’s property and the Customer has received full permission from the other property owner to enter into this Contract and to conduct work on that property.
Stump and Root Grinding/Removal: Mechanical grinding of the visible tree stump 3-5” below ground level; remaining hole is back filled with mulch (soil/woodchips). Please note that some lawn damage or irritation may occur during the removal or grinding process. The addition of topsoil, grass seed, and peat moss is a separate service and incurs an additional charge.
Tree Removal: The complete removal of a tree. All wood will be removed from site unless otherwise specified at time of proposal. Unless stump grinding is performed, the stump will be cut to just above ground level as conditions permit (ie trees against buildings, fences, utility equipment).
Trees occasionally grow around objects, such as metal fences and concrete posts or walks. This kind of unseen material may require additional time and equipment to remove, and additional charges may be added as a result. This kind of unseen material may result in not being able to remove tree as low to ground, or as proposed.
Post Work Zone Condition: Upon completion of the work, Above & Beyond shall remove all brush and debris from work zone, and rake to clean work site. Excess debris that cannot be raked will not be removed.
Utility marking: Above & Beyond will submit a request with Indiana 811 for utility marking prior to starting any work that requires marking. It is the customer’s responsibility to notify Above & Beyond if for any reason the area/property is not adequately marked prior to the time frame established to begin the work. If there are other lines buried such as electrical done by the homeowner, water features, irrigation systems, invisible pet fences or other lines not maintained by the companies contacted by Indiana 811, it is the customer’s responsibility to mark these lines or provide a map clearly showing where the lines are buried. We are not responsible for buried lines we cannot see.
Customer’s Work Zone Responsibilities:
Lawn & Surfaces Damage/Repair: Above & Beyond will attempt to minimize all disturbances to the customer’s lawn and surfaces. However, Above & Beyond must utilize vehicles & equipment to perform tree care services. Above & Beyond shall not be liable for damages to landscaping, sod, or plant material in the execution of its work or causes beyond their control. Examples: ruts in yard due to wet conditions, limbs falling on flowerbeds, dirt or soil on the sidewalk/driveway due to movement of job-related debris or materials, cracking of paved surfaces and/or sidewalk due to weight of trucks/equipment, etc.
Working with Nature: Trees and plants are natural, living organisms affected by factors beyond human control (ie weather, infestation, etc). No guarantee is implied on trees, plants, shrubs, etc’s future health or condition.
Treatments, Fertilization and Plant Health Care: Above & Beyond provides no warranties or guarantees as to the effectiveness or success of any tree or plant treatments. If we recommend treatment, it is because we think that the tree is a worthy candidate for treatment at that time.
Payment: Payment is due immediately upon completion of the work. All cards on file can/will be processed for final balance once work is completed. If additional work is needed or additional charges incurred, Customer shall pay for such work upon receipt of the invoice. Failure to remit full payment when due shall result in a $50 late fee, plus interest at the rate of 18% per annum. Above & Beyond is entitled to its costs and reasonable attorney fees and appellate attorney fees for collection. Any partial payments will be first credited to penalties, interest, costs and attorney fees before credit to principal.
Scheduling and Cancellation Policy: You must provide a non-refundable 10% deposit to be put on the list to be scheduled. Understand that you may be given a general estimate as to the time frame of when your work will be done. Our schedule is often dictated by things not within our control, including but not limited to weather, and we are not able to guarantee that work will be completed on or by a certain date.
Insurance/Indemnity: Above & Beyond possesses insurance that provides coverage in the event of injury to persons or property arising directly from the negligence of Above & Beyond and/or its employees. Further, all of the employees of Above & Beyond are covered by Worker’s Compensation Insurance. Once the work subject to this contract has been completed by Above & Beyond, customer/owner agrees to indemnify and hold harmless Above & Beyond, its employees, and its agents for any injury, loss, or expense in any way related to services performed under this contract, other than as expressly set forth above. In no event shall Above & Beyond be liable to customer/owner for any damages of any sort that occur more than 30 days after the scope of work subject to this contract has been completed, regardless of whether the damages arise from the work performed by or at the direction of Above & Beyond. The parties herein further agree that in no instance can the customer/owner seek damages in excess of Above & Beyond’s applicable policy liability.
Terms and conditions for Above & Beyond Power Washing Services.
By agreeing to our service contract, you agree to these terms and conditions.
Above & Beyond wants all of our customers to have an exceptional experience. We are providing a service to you, the customer, and believe it is important for each potential customer to be informed of our expectations in order to meet yours.
When performing this type of service there are several things the customer should know in advance. To begin with, any flaw, blemish or existing oxidation will be more noticeable once the surface has been cleaned. Oxidation is a process that causes a white powdery substance commonly found on siding and is the result of sun exposure or the lack of proper maintenance. This is NOT a result of the chemical solution utilized in our soft washing application. Customers should also be aware of weep holes in siding. These are small holes on the bottom of the siding, which have been placed there by the manufacturer for ventilation. Over time, dirt and grime can build up in these holes and behind the siding. After washing the surface, water may continue to drain from these holes leaving a small area of brown discoloration. This is NOT a permanent stain and will easily rinse off with a garden hose. If the runs from the weep holes are determined to be excessive, please contact our office so we can assess the situation.
At the time of the estimate, Above & Beyond will make every effort to point out and document areas of concern, pre-existing damage, or oxidation. It is not always possible to see every flaw and it is the owner’s responsibility to address any concerns they might have at the time of the estimate, or prior to Above & Beyond beginning work.
Gutter brightening is a separate option that can be purchased with a house wash. Gutter brightening refers to the painted exterior surface, not leaves and debris on the inside. Debris can be removed from the inside of the gutter for an additional fee. Gutters with gutter guards are more labor-intensive and incur an additional charge.
Spot-free’ exterior window cleaning is a separate option that can be purchased with a house wash. During a standard house wash, the windows will be cleaned in the same manner as the rest of the exterior, and spotting may occur on windows due to hard water. Unless exterior window cleaning is part of the contract, Above & Beyond will not be responsible for window spotting caused during the course of exterior washing. Above & Beyond does not clean the interior of windows.
Roof washing: When Above & Beyond completes a roof wash, the customer must understand immediate results will vary. Generally, growth will have a black appearance on an untreated roof. Once the application has been made, the dead growth will turn brown. Our system is guaranteed to kill all bacteria, algae and other growth; however, depending on the amount of buildup, it might take some time for all of the debris to fall off. In the event the brown debris is still on the roof, please allow 6-8 weeks for the process to naturally complete itself. If the remnants are still there after 6-8 weeks, contact the company for a follow-up inspection.
Color and Tone Concerns: The properties and species of wood, age of the wood, and the effects of weather over time can greatly affect the resulting color or tone of the stain. Note: variances may occur on individual boards well as total project as densities and other characteristics vary across and throughout the wood. Above & Beyond will attempt to represent the final finish color and tones as best as possible. While we can often give you an idea of the overall color or tone, you must expect some variance in the overall finish.
Stains: Some stains cannot be removed by power washing. Tree sap, artillery fungus, splatters from stains and paints are examples of materials that cannot be removed by conventional means. We make every attempt to point these areas out to the customer when quoting the project. Sometimes these stains cannot be removed at all.
Customer Expectations:
Legally Binding Agreement: By signing a contract with Above & Beyond, you are signing a legally binding contract for work to be completed at an agreed upon price. In the event that you break this contract, all deposits made to the company shall be surrendered as damages.
Water Usage: By signing this agreement, you agree to provide Above & Beyond the right to use an on-site water supply as needed to complete the stated project without compensation. If an exterior water supply is required, it will be at an additional charge. It is the customer’s responsibility to make sure the water supply is on and in working order before we arrive. Additional charges will be applied if water is not available.
Electrical Usage: By signing this agreement, you agree to provide Above & Beyond the right to use an on-site source of electricity as needed to complete the stated project without compensation. If an exterior source is required it will be at an additional charge.
Safety: While Above & Beyond is on location and performing work on your property, you are responsible for keeping all children and pets, as well as other individuals away from the work area. Children and pets must be kept off work surface for at least 24 hours after our work is completed.
Payments: Payments to Above & Beyond are due upon completion of the work. Any variance to this policy must be agreed upon and in writing on our contract. Any account past due more than 7 days will incur a 15% late charge. After 30 days the account will go to collections. The customer agrees to pay any collection cost incurred by Above & Beyond related to the collection process of outstanding balances.
Scheduling: Scheduling in a business which productivity relies upon the weather can be difficult. Inclement weather may affect scheduling. We try our best to keep scheduling conflicts to a minimum, however, circumstances that are beyond our control may affect your project start and completion dates. You will be notified of any changes.
Removal & Replacement of Deck Contents: Removal and replacement of grills, outdoor furniture and cushions, planters and any other decorative or functional items are the responsibility of the homeowner. Should we need to remove items from the deck, we will not be responsible for any damage, breakage, or for storage issues. An additional charge may be applied for time and labor devoted to the removal of these items.
Damages: Above & Beyond will accept responsibility for damages that occur as a result of operator error, negligence, or willful neglect. Damages must be discovered and reported to Above & Beyond within 3 days of completion of service. The company will have 30 days to correct the damage caused by negligence either itself or by an independent contractor.
Above & Beyond is not responsible for damages due to improperly installed siding, loose shingles or siding, broken or opened windows, improperly sealed windows and doors, wood rot, defective construction, improperly secured wires, loose or improperly installed gutters and leaders and improper caulking. In every aluminum siding case and in some cases with vinyl siding, the sun and weather will bleach the color or cause fading. Power washing, which entails removal of chalky, gritty or failing surface materials may cause the faded aspects of the vinyl or aluminum to stand out. Above & Beyond will not be responsible for such conditions, and will not be responsible for loose mortar that may dislodge during the cleaning process.
Above & Beyond expects your property to be in good repair and weather tight. This includes, but is not limited to, all electrical service including receptacles and light fixtures. Doors and windows shall also be weathertight. Above & Beyond is not responsible for damages as a result of water infiltration from poor or improper installation, maintenance or repair of electrical related items or doors or windows.
Please note: Holiday lighting jobs require a 50% non refundable deposit.
Early Termination Fees: By entering into the Holiday Lighting Lease Program you understand that Above & Beyond is making a substantial investment and that early termination of the lease will cause it to suffer financial losses that are difficult to precisely quantify. You agree that the early termination fees provided under this Agreement are a reasonable estimate of harm and not a penalty.
Above & Beyond Holiday Lighting Terms & Conditions
The Holiday Lighting program is a 3-year lease on the lights:
The first year we require a non-refundable 50% deposit to get on the schedule. Once scheduled, we custom fit our lights to your home, we maintain the lights up until Christmas Eve (any problems with the lights, you call us and we fix it ASAP for free), we take down the lights after New Year’s (weather permitting, or as soon as possible upon your preferences), and we maintain and store the lights until next season. These lights will be yours for the length of the lease, meaning they will be stored in a box with your name on it, and those lights will be installed on your home only for at least the next two years. Any defunct bulb replacement, and any other maintenance/replacement required will be performed at no cost to you.
The second year, we will contact you in advance (around late September/early October) and get you on the schedule for installation. You will have first choice as far as scheduling goes, and everything else will be the same as the first year. We will install, maintain, take down, and store the lights in the same manner. The price of the second year is 5% off the original price as long as we can schedule to do the reinstall in either September or October; before November.. Breaking the 3-year lease at year 2 incurs a fee of 35% of the original cost.
The third year goes exactly the same as the second year, except the cost is 10% off the original price as long as we can schedule to do the reinstall in either September or October; before November. Breaking the lease at year 3 incurs a fee of 25% of the original cost.
After the third year, you will have the option to renew. At this point you will not need to sign another 3-year lease; you may go year-to-year using the current equipment/hardware and get a new lease as desired with new equipment/hardware. After the third year, your cost will be the same as the third year (10% off the original price as long as we can schedule to do the reinstall in either September or October; before November.). Other than that, each year will go the same as the third year. The major benefit to the customer is that your price is locked in and will not increase for as long as you renew.
ABOVE & BEYOND SNOW MANAGEMENT TERMS & CONDITIONS
By agreeing to our service contract or written proposal, you accept these terms and conditions.
Payment Terms
Late Payments/Cessation of Services Invoices will be sent monthly. Full payment is due within 30 days from the date of invoice.
Late Payment Charges: Amounts not paid according to terms will be charged a service fee of 2% per month, or the maximum allowable by law, until paid in full. Contractor shall also be entitled to recover all reasonable costs, charges, expenses, and attorney’s fees expended or incurred therein.
Payment Delay: If for any reason Above & Beyond does not receive payment within seven (7) calendar days after the payment is due, Contractor, upon giving seven (7) calendar days written notice to Customer, in addition to any other legal remedies, may stop its Contract Work until payment of the full amount owing to Contractor has been received.
Snowfall Totals/limits
Accumulation Totals on Site Customer understands that snow accumulation may vary throughout the area and that accumulation in one part of town is not necessarily indicative of the accumulation at the customer’s particular location. Above & Beyond will receive accumulation totals based on the site’s ZIP code from a predetermined reliable weather service.
Definition of Event Conclusion
A snow or ice event is considered concluded 24 hours after a snow or ice storm has ended at the property, therefore concluding contractor’s responsibility for the event under this agreement. The ending time will be determined by data provided by the Above & Beyond’s reliable weather monitoring service.
Property Conditions & Damage
Site condition/damage restrictions Above & Beyond’s performance obligations are subject to parking lots and sidewalks being adequately maintained without defects, the absence of conditions created by poor drainage and the timely clearing of snow from the Property. Owner shall be solely responsible for any damage, injury, or accident that is the result of damaged or worn parking lots or sidewalks or defects in them. Above & Beyond will not be responsible for damage to hard surfaces or vegetation caused in the normal provision of winter services or through the use of salt or other de-icing material. Above & Beyond shall not be held responsible for any property damage or bodily injury arising from poor drainage, the lack of storage space for snow, or the failure or refusal of Owner to remove any snow from the Owner’s premises that Owner has agreed to be responsible for.
Snow Storage
Snow will be pushed to designated areas as agreed upon by the Above & Beyond and property owner/representative. Excessive accumulation will result in loss of parking spaces and reduced driving areas. Snow relocation within the property, or actual removal from the property is only available on the terms and described in the signed proposal or other written agreement.
Concrete Damage & Reporting
Above & Beyond has no control over nor will accept any responsibility for the condition known as spalling, the flaking of the upper layer of cement on concrete surfaces that occasionally occurs on improperly mixed, poured, or finished concrete. This is a physical condition exacerbated by increased freeze thaw cycles common with the use of all chloride based ice-melting products. If Owner believes Above & Beyond’s actions have resulted in any other form of damage, the will report in writing property damage allegedly caused by Above & Beyond within 48 hours of having knowledge of the alleged damage
Employee Protection
Unsafe working conditions Owner understands and agrees that Above & Beyond’s employees may not work safely if temperature and wind conditions combine to make a wind chill factor below 0° Fahrenheit. Owner understands and agrees that Above & Beyond reserves the right to cease its sidewalk snow removal services in these severe conditions (without penalty) so as not to force unsafe conditions upon Above & Beyond’s employees.
Liability
Refusal of services Above & Beyond will not be held responsible for any property damage or bodily injury that are the result of refusal of Services by Owner or its duly appointed agent or caused by the negligence of pedestrians, motorists or other third parties. Owner/Customer will assume all liability for the period in which services are/were refused.
Limitation Of Liability
Customer/Owner shall indemnify, defend and hold Above & Beyond and its respective officers, agents, and employees, harmless against all loss, damage, expense and liability resulting from injury to or death of persons, including but not limited to, employees of Customer, property Owner or Above & Beyond, and for any injury to property, caused in whole or in party by the acts or omissions of Owner, its agents, invitees, licensees, or other representatives, including without limitation, negligence in the performance or nonperformance of the obligations under this Agreement. This indemnity includes the right of Above & Beyond to recover reasonable attorney’s fees in connection with any action to enforce its rights hereunder.
Ice Management
Rejection of site monitoring The use of salt/de-icing material is designed to expedite the process of melting of ice and snow in target areas. Its application may not provide instant or complete attainment of these goals, and may be affected by such variables as air/ground temperature, moisture content of precipitation, etc. Owner/Customer acknowledges that Above & Beyond is not engaged, nor does it accept engagement, as a continuing monitor of potentially dangerous or unsafe conditions that may arise by reason of thawing and refreezing of previously plowed or treated areas. After Above & Beyond completes its obligations arising from a single snow event, Customer agrees that it is Customer’s responsibility to monitor property for slick or dangerous conditions and notify Above & Beyond, who is not expected to service potentially dangerous conditions for which it has not been given notice. Snow events, ice storms, extreme temperatures, and blizzards may delay service times. In addition, these same events may require multiple visits, which include visits to tend to slick or dangerous conditions. Slick or dangerous conditions unrelated to the same snow event will be treated as a different service. Should Customer discover slick or dangerous conditions related to the snow event after the Above & Beyond has left the site, Customer has (1)hours to notify Above & Beyond of the dangerous condition. If Customer does not notify Above & Beyond within (1) hours of the slick or dangerous condition, Customer expressly waives and indemnifies contractor from any injury or hazard that arises from the slick or dangerous condition.
Salt supply
Government mandated regulations or other factors or supply shortages may alter the availability of salt or deicers. Above & Beyond cannot accept liability in these situations. Alternative materials may be required, and will be discussed at that time, as increased costs may apply.
Service Restrictions
Commencement of services All services specified in the proposal will be commenced in a reasonable manner and in a reasonable time frame based on industry standards. For purposes of this paragraph, “reasonable” is not defined as immediately upon reaching the “trigger depth.” Customer understands that Above & Beyond has customers with different needs and Above & Beyond has a method in which it begins snow operations.
Restriction of service Above & Beyond will not plow/salt or deice within three feet of any parked vehicles, equipment or other obstructions in parking lots, drives or other areas being cleared. Please attempt to move obstructions prior to services being completed. Above & Beyond is not responsible for snow or ice services in areas that are blocked by parked cars or otherwise inaccessible or obstructed.
Payment: Payment is due immediately upon completion of the work. All cards on file can/will be processed for final balance once work is completed. If additional work is needed or additional charges incurred, Customer shall pay for such work within upon receipt of the invoice. Failure to remit full payment when due shall result in a $50 late fee, plus interest at the rate of 18% per annum. Above & Beyond is entitled to its costs and reasonable attorney fees and appellate attorney fees for collection. Any partial payments will be first credited to penalties, interest, costs and attorney fees before credit to principal.
(At 21 days all discounts will be removed from the invoice/job description. If an invoice goes to 30days past due the invoice & client will be sent to collections.)
