Terms of Service

Last Updated: January 1, 2023

Welcome to Blossom & Bloom Gardening Services ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website (the "Website") and our gardening and landscaping services (the "Services"). Please read these Terms carefully before using our Website or Services.

By accessing or using our Website or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Website or Services.

We may modify these Terms at any time without notice to you by posting revised Terms on our Website. Your continued use of the Website or Services after such modifications constitutes your acceptance of the modified Terms.

1. Services Overview

Blossom & Bloom Gardening Services provides professional gardening, landscaping, and outdoor space maintenance services. Our services include but are not limited to:

  • Garden design and planning
  • Lawn care and maintenance
  • Tree and shrub care
  • Seasonal planting and floral displays
  • Irrigation system installation and maintenance
  • Hardscaping services
  • Outdoor space clean-up and maintenance

Specific services will be detailed in individual service agreements or contracts between you and Blossom & Bloom. All services are subject to availability and our acceptance of your service request.

2. Account Registration

2.1 Account Creation

To access certain features of our Website and Services, you may be required to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Be responsible for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

2.2 Account Eligibility

By creating an account, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into these Terms
  • You will comply with these Terms
  • You will not use our Services for any illegal or unauthorized purpose

We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

3. Service Agreements

3.1 Service Contracts

All professional services provided by Blossom & Bloom will be governed by a separate service agreement or contract ("Service Agreement") that will specify:

  • The scope of services to be provided
  • Service timelines and schedules
  • Pricing and payment terms
  • Cancellation and rescheduling policies
  • Any warranties or guarantees

In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall control with respect to the specific services covered by that agreement.

3.2 Service Limitations

Our ability to provide Services may be subject to certain limitations, including:

  • Weather conditions and seasonal considerations
  • Availability of materials and plants
  • Property access and conditions
  • Local regulations and ordinances
  • Our professional judgment regarding plant health and safety

3.3 Changes to Services

We reserve the right to:

  • Modify or discontinue any Service at any time without notice
  • Refuse any service request in our sole discretion
  • Limit quantities of services provided
  • Impose conditions on service eligibility

4. Payments and Billing

4.1 Pricing

All prices for our Services are subject to change without notice. The price for Services will be as quoted on our Website or in your Service Agreement, except in cases of obvious error.

Prices include all applicable taxes unless otherwise stated. You are responsible for any additional taxes, duties, or fees that may apply to your Services.

4.2 Payment Methods

We accept various payment methods, including:

  • Credit cards (Visa, MasterCard, American Express, Discover)
  • Debit cards
  • Bank transfers
  • Checks (subject to clearance)
  • Electronic payment systems

You agree to provide current, complete, and accurate purchase and account information for all Services. You agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed.

4.3 Billing and Invoicing

For ongoing services, we will invoice you according to the schedule in your Service Agreement. Payment is due upon receipt unless otherwise specified in your Service Agreement.

For one-time services, we may require a deposit or full payment in advance. The specific payment terms will be outlined in your Service Agreement.

4.4 Late Payments

Late payments may be subject to:

  • Late fees of 1.5% per month (18% annually) or the maximum allowed by law
  • Suspension of Services
  • Collection efforts, including referral to a collection agency
  • Legal action to recover amounts due

4.5 Refunds

Refund policies will be specified in your Service Agreement. Generally:

  • Deposits may be non-refundable
  • Completed services are non-refundable
  • Pre-paid services may be refundable on a pro-rata basis

5. Cancellations and Rescheduling

5.1 Service Cancellations

You may cancel scheduled services according to the terms of your Service Agreement. Generally:

  • For one-time services, cancellations must be made at least 48 hours in advance to avoid cancellation fees
  • For ongoing services, cancellations must be made according to the notice period specified in your Service Agreement (typically 30 days)

5.2 Rescheduling

You may reschedule services by contacting us at least 24 hours before the scheduled service time. We will make reasonable efforts to accommodate rescheduling requests but cannot guarantee availability for your preferred alternate time.

5.3 Our Right to Cancel

We reserve the right to cancel or reschedule services due to:

  • Inclement weather or unsafe conditions
  • Equipment failure
  • Staffing issues
  • Other circumstances beyond our reasonable control

We will make reasonable efforts to notify you of cancellations and to reschedule affected services promptly.

6. Intellectual Property

6.1 Website Content

All content on our Website, including text, graphics, logos, images, and software, is the property of Blossom & Bloom or its content suppliers and protected by copyright and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

6.2 Trademarks

The Blossom & Bloom name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Blossom & Bloom or its affiliates or licensors. You must not use such marks without our prior written permission.

6.3 Service Designs and Plans

All garden designs, landscaping plans, and other creative work product developed by Blossom & Bloom remain our intellectual property unless otherwise specified in a written agreement. You are granted a limited license to use such materials for your personal, non-commercial use related to the Services we provide.

7. User Content

7.1 Submission of Content

Our Website may allow you to post, submit, publish, display, or transmit content ("User Content"). You retain ownership of any User Content you submit, but by posting it, you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business.

7.2 Content Standards

All User Content must comply with our Content Standards, which require that User Content shall not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Promote sexually explicit or pornographic material, violence, or discrimination
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property right
  • Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability
  • Be likely to deceive any person
  • Promote any illegal activity
  • Impersonate any person or misrepresent your identity or affiliation
  • Involve commercial activities or sales without our prior written consent

7.3 Monitoring and Enforcement

We have the right to:

  • Remove or refuse to post any User Content for any reason in our sole discretion
  • Take any action with respect to User Content that we deem necessary or appropriate
  • Disclose your identity or other information about you to any third party who claims that User Content violates their rights
  • Terminate or suspend your access to all or part of the Website for any violation of these Terms

8. Prohibited Uses

You may use our Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use our Website or Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To exploit, harm, or attempt to exploit or harm minors in any way
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate Blossom & Bloom, a Blossom & Bloom employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which may harm Blossom & Bloom or users of the Website or expose them to liability

Additionally, you agree not to:

  • Use the Website or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Services
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent
  • Use any device, software, or routine that interferes with the proper working of the Website
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
  • Otherwise attempt to interfere with the proper working of the Website

9. Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLOSSOM & BLOOM NOR ANY PERSON ASSOCIATED WITH BLOSSOM & BLOOM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER BLOSSOM & BLOOM NOR ANYONE ASSOCIATED WITH BLOSSOM & BLOOM REPRESENTS OR WARRANTS THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

BLOSSOM & BLOOM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

IN NO EVENT WILL BLOSSOM & BLOOM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLOSSOM & BLOOM AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO BLOSSOM & BLOOM FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to defend, indemnify, and hold harmless Blossom & Bloom, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

12. Governing Law and Jurisdiction

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Arbitration

At Blossom & Bloom's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys' fees.

14. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Waiver and Severability

No waiver by Blossom & Bloom of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Blossom & Bloom to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

These Terms, our Privacy Policy, and any Service Agreements constitute the sole and entire agreement between you and Blossom & Bloom regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

17. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Services thereafter.

Your continued use of the Website or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@blossombloom.com

Phone: (555) 123-4567

Mail: 47 W 13th St, New York, NY 10011, USA