NUTRI-GREEN PROFESSIONAL SERVICES
TERMS AND CONDITIONS
PLEASE READ CAREFULLY AND ITS ENTIRETY
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE BETWEEN CUSTOMER AND NUTRI-GREEN. PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”
INCORPORATED INTO SERVICE AGREEMENTS. These terms and conditions are hereby incorporated and made a part of all service agreements between Nutri-Green and a Customer.
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; and 2) that Customer has read and fully understands the following terms and conditions which shall be deemed a binding part of Customer’s contract with Nutri-Green for lawn care services. Customer further acknowledges that these terms and conditions are a material inducement for Nutri-Green’s agreement to enter into a contract with Customer for lawn care services.
CUSTOMER OBLIGATIONS. 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, and accessibility of areas to be serviced. Customer agrees to cooperate fully with Nutri-Green to facilitate treatment and control.
OUR GUARANTEE. For Customers purchasing seven or more fertilization and weed control applications in a calendar year (“season”), Nutri-Green will revisit Customer’s property, upon request, between scheduled visits to make fertilizing or weed control adjustments, deemed necessary by Nutri-Green. This agreement does not guarantee, and Nutri-Green does not represent, that covered weeds, insects or other pests will not return to the property, nor does Nutri-Green guarantee complete elimination of pests. Customer understands and acknowledges that services provided by Nutri-Green do not guarantee treatment for flying insects.
Nutri-Green provides lawn care, pest control, and other services as specified under the terms and conditions of this agreement and individual service agreements with Customer.
ACCESS TO PROPERTY. ustomer authorizes Nutri-Green to access Customer’s property on days and times of Nutri-Green’s choosing to provide the services requested. During service, the Customer agrees to make the premises available for service. Nutri-Green 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, Nutri-Green 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 to pay an additional charge to reschedule service(s) for the inaccessible areas.
IMPORTANT: CONTINUOUS SERVICE, AUTO-RENEWAL AND EASY-PAY INFORMATION BELOW
CONTINUOUS SERVICE AND AUTO RENEWAL. To optimize the effectiveness of the services provided, Customer’s plan shall continue from 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 Nutri-Green at 918-322-5757 to cancel. Customer or Nutri-Green 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 Nutri-Green, Inc.
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. After January 31, 2022, all new Customers are required to enroll in Nutri-Green’s Easy-Pay program or prepay for their service(s) plan. The cost of individual services in a Customer’s plan may vary from year-to-year. 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 3% shall require notice to the Customer in advance. Current year discounts may not apply in subsequent years. Any credits or discounts offered by Nutri-Green shall only be applied to future Nutri-Green 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.
Customer’s enrollment in the Nutri-Green Easy-Pay 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 Nutri-Green. Please read these provisions carefully and contact Nutri-Green immediately in the event that you wish to cancel your Easy-Pay Enrollment.
Customer agrees to pay for all services scheduled and/or provided and authorizes Nutri-Green to initiate electronic payment transactions from the debit card or credit card that Customer agrees to and has provided to Nutri-Green.
Customer agrees payments will be automatically debited from debit card or charged to credit card Customer agrees to and has provided to Nutri-Green. Customer may direct Nutri-Green 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 the total number of months remaining in the current year. Services will be calculated by 12 months from January to December. If Customer enrolls in Easy-Pay in any month after January of the current year, the monthly payment paid pursuant to these terms and conditions will be calculated by dividing total yearly payment for remaining services by the remaining full months in the calendar year. 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 Nutri-Green to perform additional services, and desires to have payments for services rendered added to Customer’s existing Easy-Pay, 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 Nutri-Green.
Services canceled by Customer or accounts placed on hold will not disrupt account charges and payment pursuant to the terms and conditions whether by Easy-Pay or billed for services rendered.
Customer understands and agrees that Nutri-Green 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 Nutri-Green, as agreed without further notice to Customer. NUTRI-GREEN 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 Nutri-Green, including services that automatically renew each year.
To cancel your Easy-Pay Enrollment, Customer must call Nutri-Green at 918-322-5757. Customer agrees to promptly notify Nutri-Green 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 Nutri-Green in the event of any billing errors so that Nutri-Green 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, Nutri-Green shall have the right to immediately terminate its contractual relationship with Customer.
Nutri-Green reserves the right to terminate Customer’s Easy-Pay 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.
Nutri-Green reserves the right to revise the terms of Easy-Pay Enrollment from time to time and will provide notice of any such changes by posting revisions on the Nutri-Green website which shall be deemed effective at the time of posting. If Customer does not agree with any such revisions, Customer must terminate the Easy-Pay Enrollment immediately. Customer’s continued use of the Easy-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 Nutri-Green is not honored, Nutri-Green 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 Nutri-Green 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 Nutri-Green 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 Nutri-Green of any liability. Customer agrees that if any of Customer’s payments become delinquent, Nutri-Green is authorized by Customer to electronically debit any bank account or charge any credit card that Customer has provided to Nutri-Green or any account that Nutri-Green has on record for Customer to make any such delinquent payment(s), according to the authorizations and conditions of this Agreement.
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, Nutri-Green recommends that you not have an initial or subsequent service performed at your premises until you have consulted with a physician. At your request, Nutri-Green will provide information about the chemicals to be used in treating the premises.
CONTACT INFORMATION. By providing your phone number to Nutri-Green, Customer expressly consents for Nutri-Green, along with its agents and affiliates, to contact Customer by email, 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 Nutri-Green’s products and services. Customer expressly consents to be contacted through such means at the telephone numbers (including wireless numbers) that Customer provides to Nutri-Green. 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 Nutri-Green immediately if Customer’s mobile or wireless telephone number changes and furthers agree to indemnify and hold Nutri-Green 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 Nutri-Green or should Customer wish to stop receiving calls from Nutri-Green, please review your account information or call Nutri-Green at 918-322-5757.
BINDING EFFECT. This document constitutes a valid agreement between Customer and Nutri-Green. The rights and obligations created hereunder are binding upon Customer and Nutri-Green and their respective successors. Nutri-Green may assign any of its rights and obligations to another company without notice to Customer. No other person shall acquire or have any rights under or by virtue of these Terms & Conditions.
MODIFICATIONS. Nutri-Green reserves the right to revise these terms and conditions from time to time. Customer will be notified of any changes and agrees that Customer’s continued use of Nutri-Green services after receiving such notice constitutes acknowledgement and agreement to be bound by the revised terms and conditions.
WAIVER. Nutri-Green’s failure to enforce any of these Terms or Conditions shall not be deemed by Nutri-Green to be a waiver of that or any other of its rights.
SEVERABILITY. The provisions of terms and conditions are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
SURVIVAL. The terms and provisions contained herein, by their nature and content, are intended to survive the performance of Nutri-Green’s obligations, and it is agreed that the same shall survive the completion of the performance, expiration and termination of this Agreement.
NOTICE OF CLAIM AND OPPORTUNITY TO CURE.
. Before any claim can be asserted by Customer against Nutri-Green 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 Nutri-Green or its agents, employees, or representatives, Customer must provide timely written notice to Nutri-Green identifying and documenting the alleged breach and any resulting damage or injury alleged to be the basis of Customer’s claim. The written Notice of Claim must be presented by Customer to Nutri-Green 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. Nutri-Green 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 Nutri-Green determines to have been its responsibility. Customer agrees to provide Nutri-Green reasonable access and a reasonable opportunity to observe, test, document, and investigate Customers 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 Nutri-Green’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 Nutri-Green 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 Nutri-Green are barred if such claims are not initiated within one year of the last date of service provided by Nutri-Green to Customer, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when Nutri-Green 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 Nutri-Green receives service of a Summons and Complaint.
MANDATORY ARBITRATION. Any past, present, or future dispute, controversy or claims arising out of or relating to this these terms and conditions or any individual service agreement, or the breach thereof, and any claims related to damage or injury to person or property arising from any act or omission on the part of Nutri-Green or its agents, employees, or representatives, shall be settled by arbitration, in Tulsa, Oklahoma, administered by the American Arbitration Association (AAA) under applicable rules published by the AAA, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
It is expressly understood that an Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, arbitrability, enforceability or formation of this agreement to arbitrate including, but not limited to any claim that all or any part of this Agreement is void or voidable. This includes but is not limited to issues related to enforceability of these terms and conditions, any individual service agreement, arbitrability of any issue and/or applicability or enforceability of this provision.
LIMITATION OF LIABILITY. In no event shall Nutri-Green 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 Nutri-Green 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, landscaping, pond, fish, swimming pool, home or other building Nutri-Green’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 is determined to be inapplicable or unenforceable as to any claim of Customer against Nutri-Green, any litigation between Customer and Nutri-Green shall be governed by Oklahoma law and resolved exclusively in the District Court of Tulsa County Oklahoma. Customer agrees to personal jurisdiction and venue in Tulsa County Oklahoma. Customer expressly waives any right to a trial by jury in any litigation against Nutri-Green.
ATTORNEYS FEES. If litigation or arbitration is initiated against Nutri-Green by Customer in violation of the terms of this Agreement, or if Nutri-Green initiates litigation or arbitration against Customer to enforce Nutri-Green’s rights under the terms of this agreement, Nutri-Green shall be awarded reasonable attorney’s fees and costs and expenses incurred in connection with such litigation or arbitration.
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 OR JOIN IN ANY EXISTING CLASS ACTION OR PLAINTIFF GROUP. CUSTOMER AND NUTRI-GREEN 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 NUTRI-GREEN, INC.