Terms & Conditions
Welcome to Open Space Gardens! We’re excited to help you create and maintain a beautiful, sustainable outdoor space. Please take a moment to read our terms and conditions that govern the delivery of our services to you.
1. Service Overview
We provide comprehensive landscape and garden maintenance services, including weeding, lawn care, pruning, planting, seasonal clean-ups, garden coaching, and garden design. Our goal is to keep your garden healthy and thriving all year round.
2. Sustainability Commitment
We are committed to sustainable practices. This means:
- Using environmentally-friendly products and methods
- Promoting native plants and biodiversity
- Using electric-powered tools in place of gas
3. Fees
Your quote is valid for 30 days, and we reserve the right to withdraw your quote at any time, at our discretion. When your work is complete, we will bill you the amount we quoted for your work, plus any additional fees we incur from additional work you request after our quote is complete and for variable fees set forth below:
- Our organic waste removal fee, if applicable, is a flat $40 rate per truckload. Additional truckloads of organic waste will incur additional removal fees.
- Our non-organic waste fee, if applicable, is a flat $100 rate per truckload. Additional truckloads of waste will incur additional waste fees.
- Our delivery fee for delivery of bulk mulch, plants, and stones, if applicable, starts at $140. The price of a delivery depends on your zip code and any additional labor required to unload materials (e.g., the need for a forklift and forklift operator).
4. Payment Terms
For projects estimated at more than $1,000, you will receive a 50% non-refundable deposit invoice. Payment on the 50% deposit invoice must be received at least 3 days prior to any work being performed. The remaining balance is due upon completion of the services.
For all other projects and/or maintenance services, you will receive your full invoice via email, usually within 1 week after services are completed.
All payments are due within 7 days after receiving your invoice.
Invoices past due 30 days will incur a late payment penalty of 5% of the balance owed, compounded on a monthly basis. In the event that we refer your past due account to a collection agency or otherwise pursue legal recovery of past due amounts you owe us, you agree to pay our reasonable agency/attorney fees, court costs and other associated costs of any such debt recovery process.
5. Changes and Cancellations
Your Project Manager and/or the Office Manager will coordinate with you to schedule project and/or service dates.
Your scheduled project and/or service date may need to move and is subject to change in our sole discretion based on weather and other landscaping factors, and we let you know as soon as possible of any changes.
If you need to reschedule a scheduled service, please notify us at least 1 business day in advance at office@openspacegardens.comor by communication to your Project Manager.
You may cancel scheduled services at any time with written notice. For projects which require a 50% deposit invoice, you must notify us in writing of your intent to cancel your project at least 7 days before your project’s scheduled start date, in which case we will not charge the deposit. If you have already paid a 50% deposit, we will not refund it even if you choose to cancel services.
We reserve the right to decline services to your property at any point in our sole discretion.
6. Customer Responsibilities
To ensure the best results, we kindly ask that you:
- Provide clear access to your site on scheduled service day(s)
- Keep pets and children away from the work area for safety
- Clean up pet waste prior to our arrival
- Have a hose ready and the water turned on (inside your house) if we are planting anything as part of your project
- Let us know where to drop any supplies ordered for your installation job or maintenance services (e.g., driveway, back parking pad, front street, etc.). Note delivery trucks cannot drive on grass and occasionally we cannot get deliveries to a small alleyway due to overhead power lines. Also, your car may need to move out of your driveway/garage before any supplies are delivered in case supplies need to stay overnight.
- Understand we may run into any number of issues while at your site including, but not limited to:
- Tree roots/stumps we are unable dig out/dig through;
- Weather related issues; and/or Supplies needing to stay overnight (e.g., compost bags, mulch, soil, or rock staying on the road or driveway).
If this happens, we will pick up any remaining items the next day or as soon as reasonably possible.
- Inform us of any specific needs or concerns. For example, maintenance services are subjective (e.g., everyone has a different standard of weeding or pruning). Please communicate this to us if expectations are not met.
- Follow our care instructions to maintain the health of your garden
7. Plants
When installing your garden concept or design, occasionally we are unable to source plants from your plan, and thus we may have to substitute them.
Alternatively, we can wait until your desired plants come in stock and plant them at a later date; if you prefer to wait, let your Project Manager know.
We do not refund or replace plants once they are planted in the ground. There are too many factors beyond our control (e.g., how they’re being watered, your soil type, the nurseries’ care before we buy the plants, dogs peeing on the plants, rabbits, etc.).
However, we do offer an optional warranty program for any plants sourced from Gertens. If you would like a warranty for Gertens-ordered plants, we will purchase the plants at full retail price instead of our wholesale price and contract the warranty for you.
To request this warranty and for full warranty terms, please inform your Project Manager at least 7 days prior to your scheduled project date. Please note that plants damaged from improper care may not be covered by the Gertens Plant Warranty.
Please remember to water your new plants deeply. We recommend watering daily for the first 2 weeks and then regularly monitoring for watering needs for the remainder of the growing season.
If your project involves transplanting existing plants in your garden, please note that we do our best to perform this service; however, we cannot guarantee the success of transplanted plant material from your yard.
8. Warranties
We warrant that our services will be performed in a professional and workmanlike manner, in accordance with industry standards. No other warranty, express or implied, is provided. If any issues arise after our services, please notify us within 90 days.
9. Privacy Policy
We respect your privacy. Any personal information you provide will be used solely for the purpose of delivering our services and will not be shared with third parties, except as required by law.
10. Consent to Use Photos and Video
We love showcasing our work! By using our services, you consent to us taking photos and videos of your garden to share on our social media and marketing materials. If you prefer to opt out, please let us know by providing written notice to office@openspacegardens.com.
11. Limitation of Liability
Neither party shall be liable to the other party herein for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, fire, major environmental disturbances, unusually severe weather conditions, or any other cause beyond the reasonable control of such party.
12. Dispute Resolution
We aim to resolve any disputes amicably and efficiently. If you have any concerns or issues, please follow these steps:
- Contact Us: Reach out to your Project Manager, or to our office at office@openspacegardens.com to discuss your concerns.
- Negotiation: We will work with you to try to resolve the issue through open and honest communication.
- Mediation: If we cannot resolve the dispute through negotiation, we agree to seek the assistance of a neutral third-party mediator.
- Arbitration: If mediation fails, the dispute will be resolved through binding arbitration, and the decision of the arbitrator will be final and binding.
13. Contact Us
If you have any questions or need to reschedule a service, please contact us at office@openspacegardens.com, or reach out to your Project Manager.