Terms of Service

1. Acceptance of Terms

By accessing or using landscapinginnyc.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Site. These Terms constitute a legally binding agreement between you ("you" or "user") andLandscaping In NYC ("we," "us," or "our").

We reserve the right to update or modify these Terms at any time. Changes become effective immediately upon posting. Your continued use of the Site after any modifications constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

2. About the Site

Landscaping In NYC is a professional landscaping company serving New York City and surrounding areas. The Site provides information about our services, service areas, cost estimates, educational guides, and tools designed to help property owners plan and manage landscaping projects.

The Site also facilitates contact between users and our team for estimates, consultations, and project inquiries. All landscaping services are subject to separate service agreements executed between you and Landscaping In NYC.

3. Service Agreements

All landscaping services performed by Landscaping In NYC are governed by a separate written service agreement ("Service Agreement") that will be provided to you before any work begins. The Service Agreement will include:

• Detailed scope of work, including materials, plants, and specifications
• Project timeline with estimated start and completion dates
• Total project cost with itemized breakdown
• Payment schedule and accepted payment methods
• Warranty terms for plants and workmanship
• Change order procedures
• Cancellation and termination provisions

No work will commence until both parties have signed the Service Agreement and any required deposits have been received. The Service Agreement supersedes any verbal discussions, estimates, or representations made prior to signing.

4. Payment Terms

Payment terms are specified in each Service Agreement. Our standard payment structure is:

• Deposit: 30% of the total project cost, due upon signing the Service Agreement
• Progress Payment: 40% due at project midpoint (as defined in the Service Agreement)
• Final Payment: 30% due upon project completion and your walkthrough approval

For maintenance contracts, payment is due monthly in advance. We accept all major credit cards, checks, ACH transfers, and Zelle. Late payments are subject to a 1.5% monthly interest charge after 15 days past due.

Material costs may be subject to adjustment if prices change significantly between the estimate date and the purchase date. We will notify you of any material cost changes before proceeding.

5. Cancellation Policy

You may cancel a Service Agreement at any time, subject to the following terms:

• Before work begins: Full deposit refund minus any non-refundable expenses already incurred (e.g., custom material orders, permit filing fees)
• After work has started: Payment due for all completed work, materials purchased, and a 15% cancellation fee on the remaining unperformed portion of the contract
• Maintenance contracts: May be cancelled with 30 days written notice. No cancellation fee applies to maintenance contracts

We reserve the right to cancel or suspend a project if: (a) payment terms are not met, (b) site conditions are unsafe or materially different from what was represented, or (c) required permits are denied.

6. Warranties

Landscaping In NYC provides the following warranties on completed work:

• Plant Warranty: 1-year warranty on all plants installed by us. If a plant dies within 12 months of installation under normal care conditions, we will replace it at no charge (one replacement per plant). This warranty requires that you follow our recommended watering and care instructions or maintain an active maintenance contract with us.
• Workmanship Warranty: 2-year warranty on all hardscaping (patios, walkways, retaining walls, fences) against defects in workmanship. This covers settling, shifting, and structural issues caused by improper installation. Normal wear, weather damage, and freeze-thaw effects are not covered.
• Irrigation Warranty: 1-year warranty on irrigation system components and installation. Does not cover damage from freezing due to failure to winterize the system.
• Lighting Warranty: Manufacturer warranty on fixtures (typically 3-5 years). 1-year warranty on installation workmanship.

Warranties are void if the property is modified by other contractors or if damage results from neglect, misuse, or failure to maintain the landscape as recommended.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LANDSCAPING IN NYC, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO:

• Losses arising from reliance on cost estimator results or informational content
• Damage to underground utilities, structures, or systems not disclosed prior to work
• Plant loss due to acts of nature, extreme weather, pest infestation, or disease beyond our control
• Delays caused by weather, permit processing, material shortages, or other factors beyond our control
• Loss of data, profits, goodwill, or other intangible losses

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE TOTAL AMOUNT PAID BY YOU UNDER THE APPLICABLE SERVICE AGREEMENT, OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.

8. Disclaimer of Warranties (Website)

THE SITE AND ALL CONTENT, TOOLS, COST ESTIMATORS, AND INFORMATIONAL RESOURCES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.

Cost estimator results are approximations based on typical NYC pricing and the inputs you provide. They are not guarantees of actual project costs. Actual pricing requires an on-site assessment and written proposal.

9. User Responsibilities

When using the Site, you agree to:

• Provide accurate and truthful information in any forms or communications
• Use the Site only for lawful purposes
• Not attempt to gain unauthorized access to any portion of the Site, its servers, or databases
• Not use automated tools (bots, scrapers, crawlers) to extract data from the Site without written permission
• Not interfere with or disrupt the Site's infrastructure or other users' access
• Comply with all applicable federal, state, and local laws and regulations

10. Intellectual Property

All content on the Site — including text, graphics, logos, icons, images, data, software, tools, guides, and the overall design and layout — is the property of Landscaping In NYC or its content suppliers and is protected by United States and international copyright, trademark, and intellectual property laws.

You may access, view, and print content from the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, or republish any content from the Site without our prior written consent.

11. Indemnification

You agree to indemnify, defend, and hold harmless Landscaping In NYC, its owners, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Site.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

Before initiating any legal proceeding, you agree to first attempt to resolve the dispute informally by contacting us at green@landscapinginnyc.com. We will attempt to resolve the dispute within 30 days of receiving your notice.

13. Termination

We reserve the right to suspend or terminate your access to the Site at any time, for any reason, without notice. Upon termination, your right to use the Site ceases immediately. Sections 7, 8, 10, 11, and 12 of these Terms shall survive any termination.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Landscaping In NYC regarding your use of the Site and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written. Separate Service Agreements govern the provision of landscaping services.

16. Contact Us

If you have questions about these Terms of Service, please contact us: