TERMS AND CONDITIONS
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE BETWEEN CUSTOMER AND TAILOR MADE. PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”
CUSTOMER ACKNOWLEDGMENT Customer hereby acknowledges that: 1) Customer is 18 years of age or older and has authority to enter into a contract for lawn care services; 2) that Customer has read and fully understands these terms and conditions; and 3) that these terms and conditions shall be deemed a binding part of Customer’s contract with Tailor Made for lawn care or pest control services contracted through the Tailor Made website, or by telephone, email, and/or any other method. Customer acknowledges that these terms and conditions are a material inducement for Tailor Made to enter into a contract with Customer.
CUSTOMER OBLIGATION Customer understands that results of service may vary and are relative to and dependent upon the cooperation of the Customer as to housekeeping, sanitation, maintenance, water and accessibility of areas to be serviced. Customer agrees to cooperate fully with Tailor Made to facilitate treatment and control.
OUR GUARANTEE For Customers purchasing a FULL lawn care or pest control program, Tailor Made will revisit Customer’s property, upon request, between scheduled visits to make fertilizing or weed control adjustments, or to re-evaluate any other pest concern deemed necessary by Tailor Made. (Partial programs and/or “Single Services” may not be included in guarantee.) This agreement does not guarantee, and Tailor Made does not represent, that covered weeds, insects or other pests will not return to the property, nor does Tailor Made guarantee complete elimination of pests.
ACCESS TO PROPERTY Customer authorizes Tailor Made to access Customer’s property on days and times of Tailor Made’s choosing to provide the services requested. During service, the Customer agrees to make the premises available for service. Tailor Made may further move personal property on the grounds as may be reasonably needed to perform its services. If the premises is not available for service and/or no one is home at the time of service, Tailor Made will service the accessible areas only. Customer agrees and acknowledges that the Customer will be responsible for and pay total cost of the service, and not a prorated amount based upon limited service due to areas being inaccessible. The customer agrees that additional fees may be charged to reschedule service(s) for the inaccessible areas.
IMPORTANT: CONTINUOUS SERVICE, AUTO-RENEWAL AND BUDGET BILLING INFORMATION BELOW
CONTINUOUS SERVICE AND AUTO RENEWAL To optimize the effectiveness of the services provided, Customer’s plan shall continue from month to month AND year to year without any action on Customer’s part. This includes any services purchased initially or added at a later time. Remember, Customer’s plan will continue unless Customer contacts Tailor Made at 828-465-4070 to cancel. Customer or Tailor Made may cancel service at any time, subject to Customer’s obligation to pay for all contracted services as provided herein. All pre-paid amounts shall be refundable and any remaining account balance for pre-pay Customers that terminate their annual plan early (prior to completion of all scheduled plan applications) shall be refundable by Tailor Made, Inc.
Price Increases : Tailor Made reserves the right, in its sole discretion, to implement annual price increases due to inflation, cost of goods and services, or other economic factors. A standard Customer cost increase of 3% per year shall occur each year in order to keep up with the rising costs of products and equipment. This amount shall be automatically incorporated into the yearly renewal as stated above pursuant to these terms and conditions. No notice of this annual cost increase will be provided in advance. Any cost increase necessary above 5% shall require notice to the Customer in advance, by email. Annual price increases will occur automatically at the end of the service year and will go into effect January 1 for the ensuing year.
COST OF SERVICES/BILLING
Except as otherwise set forth herein, billing for each lawn care or pest control application (and applicable fuel surcharges) will occur after service is rendered with payment due upon receipt of service. All new Customers are required to have a Credit Card/Debit Card on file and must choose from one of three billing methods. 1 - enroll in Tailor Made’s Budget Billing monthly installment plan, 2- Enroll in our Auto-pay program or 3- Prepay for their service(s). The cost of individual services in a Customer’s plan may vary from year-to-year. Current year discounts may not apply in subsequent years. Any credits or discounts offered by Tailor Made shall only be applied to future Tailor Made services and are not redeemable by Customer for cash. In the event all services are not completed, the customer understands that discounts and free service calls may be forfeited, and discounted amounts can be back charged.
BUDGET BILLING AGREEMENT Customer’s enrollment in the Tailor Made Budget Billing option constitutes Customer’s agreement to the following terms and conditions which shall be deemed a binding part of Customer’s agreement to receive and pay for services provided by Tailor Made. Please read these provisions carefully and contact Tailor Made immediately in the event that you wish to cancel your Budget Billing Enrollment.
Customer agrees to pay for all services scheduled and/or provided and authorizes Tailor Made to initiate electronic payment transactions from the debit card or credit card that Customer agrees to and has provided to Tailor Made.
Customer agrees payments will be automatically debited from debit card or charged to credit card that Customer has provided to Tailor Made. Customer may direct Tailor Made to initiate payment either on the first (1st) day of each month or the fifteenth (15th) day of each month for 12 months from January to December unless Customer terminates the above authorization in the manner described herein.
Payments will be divided into monthly amounts and calculated by totaling all service charges minus qualifying discounts and dividing by 12. Services will be calculated by 12 months from January to December. The following year’s monthly payments, and all years thereafter, will be calculated based upon a 12-month payment cycle. Moreover, monthly payment may be modified in the event Customer adds on a new service to existing plan or retains Tailor Made to perform additional services, and desires to have payments for services rendered added to Customer’s existing Budget Billing, instead of paying separately for additional or new services.
Customer agrees the first payment will be automatically withdrawn on the day customer agrees to service and the regular service payments will continue month-to-month as set forth herein until service is canceled by Customer or Tailor Made.
Services canceled by Customer or accounts placed on hold will not disrupt account charges and payment pursuant to the terms and conditions whether by Budget Billing or billed for services rendered.
Customer understands and agrees that Tailor Made shall automatically charge Customer’s credit card account, as applicable, for the total amount due on Customer’s account. The charge or debit shall be initiated by Tailor Made, as agreed without further notice to Customer. TAILOR MADE SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT CUSTOMER MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH CUSTOMER’S ACCOUNT IS DEBITED OR CUSTOMER’S CREDIT CARD IS CHARGED. This includes, but is not limited to, additional charges levied by a financial institution or credit card company, related to transaction fees, account overdraft or protection.
Customer’s consent applies to all services scheduled and/or provided at any time by Tailor Made, including services that automatically renew each year.
To cancel your Budget Billing Enrollment, Customer must call Tailor Made at 828-465-4070. Customer agrees to promptly notify Tailor Made of any changes or updates to Customer’s credit card or debit card information. It is the Customer’s responsibility to copy or notify the financial institution or credit card company if this authorization is cancelled.
Cancellation of the automatic payment authorization does not cancel this Service Agreement or the Customer’s responsibilities there under.
Customer agrees to promptly notify Tailor Made in the event of any billing errors so that Tailor Made can investigate and potentially correct any such errors. If Customer’s payment is rejected, refused, returned, disputed, or reversed by Customer’s financial institution or card issuer for any reason, Tailor Made shall have the right to immediately terminate its contractual relationship with Customer.
Tailor Made reserves the right to terminate Customer’s Budget Billing enrollment at any time.
It is the responsibility of Customer to verify whether or not any additional charges will be applied by Customer’s financial institution or credit card company and agrees to be bound by any rules that Customer’s financial institution or credit card company requires for pre-authorized credit card transactions. Customer is responsible for all fees charged by your financial institution associated with this pre-authorized payment option. Tailor Made Lawns does NOT charge additional fees for Credit Card Processing.
Tailor Made reserves the right to revise the terms of Budget Billing Enrollment from time to time and will provide notice of any such changes by posting revisions on the Tailor Made website which shall be deemed effective at the time of posting. If Customer does not agree with any such revisions, Customer must terminate the Budget Billing Enrollment immediately. Customer’s continued use of the Budget Billing Enrollment constitutes Customer’s agreement with these terms and conditions, as amended.
AUTO-PAY AGREEMENT Customer’s enrollment in the Tailor Made Auto-Pay option constitutes Customer’s agreement to the following terms and provisions which shall be deemed a binding part of Customer’s agreement to receive and pay for services provided by Tailor Made. Please read these provisions carefully and contact Tailor Made immediately in the event that you wish to cancel your Auto-Pay Enrollment.
Customer agrees to pay for all services provided and authorizes Tailor Made to initiate electronic payment transactions from the debit card/credit card account that Customer has provided to Tailor Made. Customer’s consent applies to all invoices issued by Tailor Made for all services provided at any time, including invoices for services that automatically renew each year. All payments will be automatically withdrawn from Customers specified credit card account on the date Tailor Made issues an invoice for services unless Customer terminates the above authorization in the manner described herein.
Customer understands and agrees that Tailor Made shall automatically charge Customer’s credit card account, as applicable, for the total amount due on Customer’s account. The charge or debit shall be initiated by Tailor Made as required without further notice to Customer. TAILOR MADE SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT CUSTOMER MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH CUSTOMER’S ACCOUNT IS DEBITED OR CUSTOMER’S CREDIT CARD IS CHARGED.
To cancel your Auto-Pay Enrollment, Customer must call Tailor Made at 828-465-4070. Customer agrees that Tailor Made may contact Customer via telephone, text, or email and further agrees to promptly notify Tailor Made of any changes or updates to Customer’s credit card information.
Customer agrees to promptly notify Tailor Made in the event of any billing errors so that Tailor Made can correct any such errors. If Customer’s payment is rejected, refused, returned, disputed, or reversed by Customer’s financial institution or card issuer for any reason, Tailor Made shall have the right to immediately terminate its contractual relationship with Customer.
Tailor Made reserves the right to terminate Customer’s Auto-Pay enrollment at any time.
Customer is responsible to verify whether or not any additional charges will be applied by Customer’s credit card issuer and agrees to be bound by any rules that Customer’s financial institution requires for pre-authorized credit card transactions. Customer is responsible for all fees charged by your financial institution associated with this pre-authorized payment option.
Tailor Made reserves the right to revise the terms of Auto-Pay Enrollment from time to time and will provide notice of any such changes by posting revisions on the Tailor Made website which shall be deemed effective at the time of posting. If Customer does not agree with any such revisions, Customer must terminate the Auto-Pay Enrollment immediately. Customer’s continued use of the Auto-Pay Enrollment constitutes Customer’s agreement with these terms and conditions, as amended.
CHECK PROCESSING POLICY / ACH Payment by check constitutes Customer’s authorization to either use information from Customer’s check to make a one-time electronic fund transfer from Customer’s account or to process the payment as a check transaction. If we use information from Customer’s check to make an electronic fund transfer, funds may be withdrawn from Customer’s account as soon as the same day we receive payment and Customer will not receive a copy of the check back from Customer’s financial institution. If any check, draft, debit card, credit card, or EFT transfer payable to Tailor Made is not honored, Tailor Made will assess a $40.00 for each such item (in addition to all other rights and remedies for the unpaid balance).
LATE FEES A service charge of 5% per month, accruing month-to-month, shall be added to the unpaid balance of all accounts not paid within 30 days. If payment is not made and collections efforts are initiated, whether with filing of a court action or not, Customer agrees to be responsible for and reimburse Tailor Made for all costs of collection, including any court fees and attorney’s fees incurred for the collection of your account.
NON-PAYMENT/DEFAULT The obligation of Tailor Made hereunder is conditioned upon payment in full of all service charges and failure to pay such charges shall cancel this contract in its entirety and discharge Tailor Made of any liability. Customer agrees that if any of Customer’s payments become delinquent, Tailor Made is authorized by Customer to electronically debit any bank account or charge any credit card that Customer has provided to Tailor Made or any account that Tailor Made has on record for Customer to make any such delinquent payment(s), according to the authorizations and conditions of this Agreement.
CONTACT INFORMATION By providing your phone number to Tailor Made, Customer expressly consents for Tailor Made, along with its agents and affiliates, to contact Customer by telephone, including through the possible use of an automatic telephone dialing system or other automated technology, text and pre-recorded message, with marketing messages, offers and other information regarding Tailor Made’s products and services. Customer expressly consents to be contacted through such means at the telephone numbers (including wireless numbers) that Customer provides to Tailor Made. Customer represents and warrants that any mobile or wireless telephone number provided belongs to Customer and is associated with Customer’s account for a mobile device in Customer’s possession. Customer agrees to notify Tailor Made immediately if Customer’s mobile or wireless telephone number changes and furthers agree to indemnify and hold Tailor Made harmless for all claims, damages, and liabilities resulting from Customer’s failure to do so. Consent is not a requirement of purchase. Should Customer have any questions about which addresses, telephone numbers or email addresses Customer provided to Tailor Made, or should Customer wish to stop receiving calls from Tailor Made, please review your account information or call Tailor Made at 828-465-4070.
CHEMICAL INFORMATION WARNING Virtually all pesticides have some odor which may be present for a period of time after application. If you or any member of your household has reason to believe a person within the home has a sensitivity to chemical odor or chemicals, Tailor Made recommends that you not have an initial or subsequent service performed at your premises until you have consulted with a physician. At your request, Tailor Made will provide information about the chemicals to be used in treating the premises.
BINDING EFFECT This document constitutes a valid binding agreement between Customer and Tailor Made. The rights and obligations created hereunder are binding upon Customer and Tailor Made and their respective successors. Tailor Made may assign any of its rights and obligations to another company. No other person shall acquire or have any rights under or by virtue of these Terms & Conditions.
MODIFICATIONS Tailor Made reserves the right to revise its terms and conditions from time to time. Customer will be notified of any changes and agrees that Customer’s continued use of Tailor Made services after receiving such notice constitutes acknowledgement and agreement to be bound by the revised terms and conditions.
WAIVER / SEVERABILITY Tailor Made’s failure to enforce any of these Terms or Conditions shall not be deemed a waiver of Tailor Made’s rights. If a court finds a provision in this Agreement to be invalid, Customer and Tailor Made agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid and enforceable.
SURVIVAL The terms and provisions contained herein that by their nature and content are intended to survive the performance of Tailor Made’s obligations shall so survive the completion of the performance, expiration and termination of this Agreement.
NOTICE OF CLAIM AND OPPORTUNITY TO CURE Customer acknowledges that Tailor Made is a lawn maintenance company that provides lawn maintenance services and that Tailor Made is not a home improvement contractor and/or a real property improvement supplier. Tailor Made applies all lawn care products per the manufacturer label. Before any claim can be asserted by Customer against Tailor Made arising from any alleged breach of its service contract, or asserting damage or injury to person or property arising from any act or omission on the part of Tailor Made or its agents, employees, or representatives, Customer must provide timely written notice to Tailor Made identifying and documenting the damage or injury alleged and the acts or omissions that are the basis of Customer’s claim. The written Notice of Claim must be presented by Customer to Tailor Made within 60 days of the date of the alleged act or omission that caused damage, regardless of the date upon which the damage was first observed. Tailor Made will have 60 days following its receipt of Customer’s Notice of Claim to investigate Customer’s claim and to correct any deficiency or repair any damage that Tailor Made determines to have been its responsibility. Customer agrees to provide Tailor Made reasonable access and a reasonable opportunity to observe, test, document, and investigate Customer’s damage claims, and to effect remedial measures. The failure of Customer to submit a timely written Notice of Claim constitutes an irrevocable acceptance by Customer of the sufficiency of Tailor Made’s performance of its contractual obligations. Customer waives and releases all claims for damage or injury allegedly arising from any act or omission on the part of Tailor Made or its agents, employees, or representatives that are not asserted in a timely served Notice of Claim.
TIME LIMIT FOR FILING CUSTOMER CLAIMS Notwithstanding the provisions of any other statutes of limitations, Customer agrees that all claims by Customer against Tailor Made are barred if such claims are not initiated within one year of the last date of service provided by Tailor Made to Customer, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when Tailor Made receives a written demand for arbitration of such claim. If the arbitration provisions of this contract are determined inapplicable or unenforceable to such claim, the claim is not “initiated” until Tailor Made receives service of a Summons and Complaint.
ARBITRATION Any controversy, claim or dispute arising out of or under this agreement shall be settled by Arbitration in Hickory, North Carolina under the rules then in force of the North Carolina Revised Uniform Arbitration Act or any successor statute.
LIMITATION OF LIABILITY In no event shall Tailor Made be liable to Customer, and Customer expressly waives and agrees to make no claim for, intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, or emotional or mental injury. In no event shall Tailor Made be liable to Customer, and Customer expressly waives and agrees to make no claim for exemplary or punitive damages, or for statutory minimum damages or treble damages or costs or attorney fees. In any claim for damage to Customer’s lawn, plants or landscaping, Tailor Made’s liability is limited to, and shall not exceed, the amount Customer paid for the lawn care application alleged to have caused the damages claimed by Customer.
GOVERNING LAW / VENUE If the arbitration provisions of this contract are determined to be inapplicable or unenforceable as to any claim of Customer against Tailor Made, any litigation between Customer and Tailor Made shall be governed by North Carolina law and resolved exclusively in the State courts located in Catawba County North Carolina. Customer agrees to personal jurisdiction and venue in Catawba County North Carolina. Customer expressly waives any right to a trial by jury in any litigation against Tailor Made.
ATTORNEYS FEES If litigation or arbitration is initiated against Tailor Made by Customer in violation of the terms of this Agreement, or if Tailor Made initiates litigation or arbitration against Customer to enforce Tailor Made’s rights under the terms of this agreement, Customer agrees to pay Tailor Made’s litigation/arbitration costs, including attorney fees, incurred in successfully enforcing the terms of this Agreement.
CLASS ACTION WAIVER TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP. CUSTOMER AND TAILOR MADE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT CONSENT TO THE CONSOLIDATION OF HIS OR HER CLAIMS WITH THE CLAIMS OF ANY OTHER CUSTOMER OR GROUP OF CUSTOMERS WITHOUT THE EXPRESS WRITTEN CONSENT OF TAILOR MADE, INC.