CONDITIONS OF SERVICE LAWN CARE

Be Green Lawn Care Service, LLC
Contract for Landscape Management Services

This Agreement for landscape management services is between Be Green Lawn Care Service, LLC (doing business as “Be Green Pro”) (“Contractor”) and the entity or individual listed above (“Customer”) for the performance of landscape management services described herein. The parties, therefore, agree as follows:
 
1. DEFINITIONS
As used herein and throughout this Agreement:
1.1. Account on File means the bank account or credit or debit card provided by Customer to Contractor to pay the Fees (defined herein) for the Services (defined herein).
1.2. Agreement means the entire content of these terms.
1.3. Contractor means Be Green Lawn Care Service, LLC (doing business as “Be Green Pro”).
1.4. Contact Information means the methods to communicate with Contractor related to this Agreement, including any one of the following:
1.4.1. Sending an email to: hello@begreen.pro;
1.4.2. Calling Contractor at: 262-361-4034; or
1.4.3. Submitting Contractor’s Contact Us page on Contractor’s website, located at:https://begreen.pro/contact-us/.
1.5. Customer means the individual or entity listed above.
1.6. Customer Portal means Customer’s account webpage available on Contractor’s website at https://begreenpro.manageandpaymyaccount.com/Authorization/Login.
1.7. Fee or Fees shall mean the fee paid by Customer for the Services.
1.8. Property means the property or properties listed and described in the Service Proposal.
1.9. Service Proposal means the document emailed to Customer detailing the estimate for Contractor’s provision of the Services.
1.10. Service means a single visit by Contractor to a Property or one of the Properties to provide the Services.
1.11. Services means all landscape management services sold as a Service package to be provided to Customer by Contractor as described in this Agreement.
1.12. Service Calls means if customer has any concerns with Contractor’s service visit or Customer notices an issue on Customer’s lawn or property between scheduled services, customer will contact contractor via the Contact Information listed above within 48 hours. Customer will submit clear photographs of the affected areas—either by texting to 262-393-4125 or by emailing to hello@begreen.pro. Contractor will assess the situation and determine next appropriate steps.
1.13. Retreatments for Application-Based Services means Customer can expect to see visible results from Contractor’s application-based treatment within 10 days of application. Contractor makes every attempt to effectively perform treatments with the experience and expertise needed to ensure success; however, seasonal and environmental conditions may impair results of treatments. A minimum $50 retreatment fee applies to any retreatment requests made within 14 days of Customer’s last treatment. Contractor may adjust this fee based on property size or specific conditions if additional work is required. Retreatment requests made after 14 days from Customer’s last scheduled program treatment will require the purchase of an additional treatment or service.
 
2. DESCRIPTION OF SERVICES
2.1. Contractor will furnish Customer with Services for the Property listed and described in the Service Proposal.
2.2. While providing the Services, Contractor may, in its sole discretion, apply Contractor’s proprietary products to the Property, including products that contain chemicals. Upon completion of a Service where a treatment is applied, Contractor will:
2.2.1. Email Customer at the email on file in customer’s account regarding any products used on the Property in a post service notification.
2.2.2. If pesticide is applied, post Pesticide Application Notification(s) on the Property and provide an electronic pesticide usage record to be emailed to the Customer when service is completed.
2.3. Contractor shall be entitled to photograph the Property to the extent necessary to either (a) document that Services were rendered to Customer or (b) document the progression of Services. Customer understands and acknowledges that all such photographs are retained and stored in Contractor’s third-party software.
2.4. Customer may request a Service in addition to the contracted-for Services listed in the Service Proposal by contacting Contractor via the Contact Information listed above. Contractor will determine, in its sole discretion, whether to provide an additional Service in response to Customer’s request an additional Service Proposal for additional Service(s) will be provided and will include additional charges for services requested.
2.5. Customer may cancel or postpone an upcoming Service at no additional charge if Customer provides 48-hour advance notice to Contractor. The request shall be submitted via the Contact Information listed above. Contractor may not be able to cancel Service if Customer provides less than 48-hour advance notice, due to the nature of the service and the purchase materials necessary for completing the service. If Customer’s cancellation request is not timely received by Contractor and Contractor provides a Service or attempts Service, Customer is liable for the entire applicable Fee. If Contractor arrives at Customer’s property and Customer refuses service for any reason, Contractor will charge a $75 refusal fee. If Contractor cannot honor a cancellation request received with less than 48-hour advance notice, Customer may incur a $50.00 cancellation fee at the discretion of the contractor.
 
3. FEES
3.1. In consideration of Contractor furnishing the Services pursuant to these terms, Customer will pay Contractor the Fees listed in the Service Proposal.
3.2. Contractor may change the Fees, including the rate identified in Customer’s Service Proposal, by giving Customer 14 days' notice during the Term of this Agreement as defined herein. Any such notice of rate changes shall be emailed to Customer at the email on file in Customer’s account. Customers who pay for the Services on an Advanced Fee basis or the Monthly Payment Plan are not subject to any rate changes implemented in the same calendar year in which the Customer paid the Advanced Fee or is making monthly payments.
 
4. PAYMENT AND REFUNDS
4.1. Customer shall pay for the Services as follows:
4.1.1. Customer shall pay the entire Fee agreed upon in Customer’s contracted service proposal per estimate provided by Contractor (an “Advanced Fee”) upon executing this Agreement; or
4.1.2. Customer shall pay the Fee agreed upon in Customer’s contracted service proposal per estimate provided by Contractor payable in monthly installments with the first payment due on the 15th of the first month upon executing this Agreement (a “Monthly Payment Plan Fee”); or
4.1.3. Customer’s bank account or credit or debit card on file (“Account on File”) shall be billed prior to or following Contractor providing a Service for the Property (“Time of Service Fee or Pay As You Go”).
4.2. Monthly Payment Plan Fee. If Customer chooses to pay for the Services on a Monthly Payment Plan Fee basis, Customer shall be billed on the 15th day of each month following the Execution Date of this Agreement. Customer will be charged a one-time 3% administrative fee. Customer agrees to provide an Account on File to be maintained in Contractor’s encrypted billing management system upon the signing of this Contract.
4.3. Time of Service Fee or Pay As You Go Fee. If Customer chooses to pay a Time of Service Fee or Pay As You Go Fee, Customer agrees to provide an Account on File upon the signing of this Contract. Customer will be charged a $5.00 service fee for each invoice processed with Time of Service Fee or Pay As You Go Fee.
4.4. Monthly Payment Plan Fee and Time of Service Fee or Pay As You Go Fee Customers understand that Contractor cannot access the Account on File or information thereon because same is maintained only by Contractor’s encrypted billing management system. Monthly Payment Plan Fee and Time of Service Fee or Pay As You Go Fee Customers expressly consent to Contractor charging all Fees under this Agreement to Customer’s Account on File.
4.5. Contractor reserves the right to charge Customer a $35.00 late fee for Fees not paid within thirty (30) days of due date. Late fees will be applied following a 7-day grace period after 30 days for each month that the Fees are not paid in full. This fee will cover administrative and financial costs due to late payment.
4.6. All payments, including Advanced Fees, Monthly Payment Plan Fees, and Time of Service Fees or Pay As You Go Fees are nonrefundable. However, Customer may assign or transfer any unused Advanced Fees to a third party or to a different Property. To do so, Customer shall contact Contractor via the Contact Information listed above.
4.7. Customer shall be responsible for all collection and/or actual legal fees incurred because of Customer’s late payment(s) or failure to pay.
 
5. TERM, AUTOMATIC RENEWAL, AND TERMINATION
5.1. This Agreement shall commence on the date this Agreement is executed by Customer (the “Effective Date”) by either accepting these terms or paying the Advanced Fee or first Monthly Payment Plan Fee or Time of Service Fee or Pay As You Go Fee, whichever is earlier. This Agreement shall continue until January 2, 2027 (the “Initial Term”) or until a new contract is initiated, whichever comes first.  After expiration of the Initial Term, this Agreement will automatically renew for successive 12- month periods(each of which is a “Renewal Term” and together with the Initial Term is the “Term”)unless Customer declines renewal or terminates this Agreement in a manner defined herein.
5.2. Contractor will increase the Fees for the Services prior to the beginning of each Renewal Term. Contractor will notify Customer of any Renewal Term rate increases at least thirty (30) days before this Agreement is scheduled to renew.
5.3. To decline the automatic renewal Customer must notify Contractor at the Contact Information listed above that Customer wishes to terminate this Agreement according to the payment terms:
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5.3.1 Advanced Fee--Customer must notify Contractor yearly for Advanced Fee option, or the service terms will automatically revert to Time of Service Fee or Pay As You Go Fee (see below).

5.3.2 Monthly Payment Plan--Customer must notify Contractor prior to the end of the Initial Term before the Renewal billing cycling begins.

5.3.3 Time of Service Fee or Pay As You Go Fee Customer must notify Contractor at least 48-hours prior to Contractor arrival at Customer’s property for scheduled service or treatment.
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5.4. This Agreement may be terminated by the mutual agreement of the parties, or if any party:
5.4.1. Becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
5.4.2. Breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.
5.5. Contractor may terminate this Agreement immediately if:
5.5.1. Contractor’s employees or agents feel threatened, harassed, or otherwise uncomfortable when performing the Services; or
5.5.2. Customer’s Account on File is declined for any reason and Customer has not remedied the situation within 48 hours of Contractor’s notice of decline.
5.6. Customer may terminate this Agreement by providing 28 days’ notice to Contractor at the Contact Information listed above.
5.7. In the event of termination, Contractor shall be compensated for the Services performed through the date of termination if payment for same has not previously been made.
 
6. CUSTOMER’S RESPONSIBILITIES
6.1. Customer must provide all information about the Property (including the information listed in paragraph 7.1.2 herein) to Contractor before Contractor services the Property. Contractor reserves the right to increase the Fee for the Services if Customer fails to provide or update Contractor with accurate and complete information related to the Property during the duration of the Agreement or if Contractor determines the property dimensions differ from the information provided by the Customer or satellite mapping.
6.2. Customer shall keep the Account on File current, including the ability to receive email and/or text notifications regarding changes in services and service terms. Customer may update the Account on File by contacting Contractor at the Contact Information listed above or by using Contractor’s Customer Portal.
6.3. Customer shall remove all impediments from the Property that may interfere with Contractor’s ability to render the Services. Such obstacles include, but are not limited to, cars, exterior furniture, holiday décor, exterior lights, outdoor equipment, toys, dog waste, and leaves. If Customer fails to remove any such impediments, Contractor will provide the Service up to and around the impediment or by moving the obstacle, at Contractor’s sole discretion. Contractor may, but is not required to, move any obstacle(s) on the Property. Customer is not entitled to a discount, refund, or supplemental Service if Contractor is unable to service the Property due to Customer’s failure to remove any such obstacles. If Contractor arrives at Customer’s property and service cannot be completed for any reason, Contractor will charge a $75 refusal fee. Contractor shall notify Customer of an upcoming Service by emailing and texting(unless Customer opts out of text communications) Customer at the email address and cell phone number on file in the customer’s account at least 72 hours in advance.
6.4. Customer shall postpone a Service if Customer has scheduled a third party to perform work on the lawn or exterior of the Property on the same date that Contractor is scheduled to perform a Service if it interferes with Contractor service(s). If Contractor arrives at Customer’s property and service cannot be completed for any reason, Contractor will charge a $75 refusal fee. Contractor shall notify Customer of an upcoming Service by emailing and texting (unless Customer opts out of text communications) Customer at the email address and cell phone number on file in the customer’s account at least 72 hours in advance.
6.5. Customer shall be responsible for closing and securing any gates, pool enclosures, or fences that Contractor may open while providing the Services.
6.6. Customer shall follow all applicable special instructions for Services provided in the pre and post service notifications, including but not limited to Aeration and Overseed Special Instructions; Aeration Special Instructions; Pest Management Special Instructions; Fertilizer Special Instructions; Weed Management Special Instructions; Mowing Special Instructions, and/or Tree Management Special Instructions. Contractor will provide any applicable special instruction to Customer via email address on file in customer’s account before and after Customer receives a Service.
6.7. Customer agrees to abide by all instructions on any Pesticide Application Notification(s) placed on the Property by Contractor.
6.8. Customer shall timely communicate with Contractor regarding specific needs or concerns related to the Property. Customer may submit any such needs or concerns by contacting Contractor via the Contact Information listed above at least 48 hours prior to any Service.
6.9. Customer shall notify Contractor via the Contact Information listed above within 48hours of receiving a Service or treatment. If Customer is not satisfied with the quality or outcome of the Service or treatment, a retreatment or service call will apply (see definitions above). Contractor may, in its sole discretion, determine how best to address any such complaint.
 
7. WARRANTIES AND REPRESENTATIONS
7.1. Customer represents and warrants that:
7.1.1. Customer shall comply with the terms and conditions of this Agreement, including but not limited to the Customer Responsibilities.
7.1.2. Customer notified Contractor of the following:
7.1.2.1. Whether the Property has any unique lot lines, easements or adjacent property discrepancies and if so where;
7.1.2.2. Whether there are areas of the Property that Contractor should not treat or provide services to;
7.1.2.3. Whether there are any structures on the Property and, if so, whether any special instructions apply;
7.1.2.4. Whether the Property has an underground invisible fence;
7.1.2.5. Whether the Property has a drainage system and if so where;
7.1.2.6. Whether the Property has an irrigation system or any other invisible or underground obstructions;
7.1.2.7. Whether the Property is subject to any municipal ordinances or environmental regulations that may interfere with Contractor’s ability to render the Services;
7.1.2.8. Whether the Property has a pool, wellhead, or waterway and if so where;
7.1.2.9. Whether Customer keeps or allows any animals on the Property that may be outside during the rendering of the Services (e.g., dogs, cats, chickens, rabbits);
7.1.2.10. Whether the Property has a gate(s) or fence(ing) and special instructions that would impact the ability to perform service including but not limited to the size of gate openings, locks and other impediments.
7.2. Contractor states as follows:
7.2.1. Contractor represents and warrants to Customer that Contractor will provide the Services in a professional manner and in accordance with all reasonable professional standards for such services.
7.2.2. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIESSTATED IN THIS AGREEMENT, IF ANY, CONTRACTOR MAKES NO WARRANTIESWHATSOEVER. CONTRACTOR EXPLICITLY DISCLAIMS ANY OTHERWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN REGARD TO THESERVICES OR GOODS CONTRACTOR OFFERS FOR SALE INCLUDING BUT NOTLIMITED TO COMPLIANCE WITH LAWS OR GOVERNMENT RULES ORREGULATIONS APPLICABLE TO THE SERVICES AND THE WARRANTIES OFMERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALLNOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIALDAMAGES OF ANY NATURE, EVEN IF CONTRACTOR HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
 
8. INDEMNIFICATION AND LIABILITY
8.1. Customer understands and acknowledges that Contractor makes no guarantees, either express or implied, about the results in connection with the rendering of the Services or use of its proprietary products (i.e., ice melt, fertilizer, or pesticide products).
8.2. Customer understands and agrees that Contractor is not liable or in any way responsible for any action or nonaction taken by Customer or third parties related to the Property, including but not limited to Customer’s failure to follow any special instructions provided by Contractor, Customer’s application of any third-party products on the Property, the work of a third party affecting the Property, or any equipment, vehicles, structures, plants, trees, or other items kept on or near the Property.
8.3. Customer understands and agrees that Contractor is not responsible for maintaining the safety or fitness of Customer’s Property, including any security gates, pool enclosures, or sidewalks for Customer or third parties.
8.4. Customer agrees to indemnify, save, and hold harmless Contractor, including Contractor’s owner, agents, and employees, from any and all damages, liabilities, costs, losses, or expenses (including attorneys’ fees) arising out of any claim, demand, or action related to this Agreement, Contractor’s provision of the Services, Contractor’s use of its proprietary products (i.e., ice melt, fertilizer, or pesticide products), or Customer’s responsibilities or obligations, representations, or warranties under this Agreement.
8.5. THE SERVICES ARE SOLD “AS IS.” THE MAXIMUM LIABILITY OFCONTRACTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ANDAFFILIATES (“CONTRACTOR PARTIES”), TO CUSTOMER FOR DAMAGES FOR ANYAND ALL CAUSES WHATSOEVER, AND CUSTOMER’S MAXIMUM REMEDY,REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OROTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF CONTRACTOR FORTHE SERVICES RENDERED TO CUSTOMER HERE UNDER. IN NO EVENT SHALLCONTRACTOR BE LIABLE FOR ANY LOST DATA ORCONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGESARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICESPROVIDED BY CONTRACTOR, EVEN IF CONTRACTOR HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILUREOF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
 
9. GENERAL
9.1. Contractor shall not be deemed in breach of this Agreement if Contractor is unable to complete the Services or any portion thereof by reason of fire, natural disaster, weather, death, illness or incapacity of Contractor (including illness or incapacity due toCOVID-19 or other pandemic-related virus or disease), pandemic (including the COVID-19 pandemic), labor shortage, or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond Contractor’s control(collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Contractor shall give notice to Customer of its inability to perform or of delay in providing the Services.
9.2. The formation, construction, performance, and enforcement of this Agreement shall be in accordance with the laws of the state of Wisconsin. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence litigation in the state of Wisconsin. The prevailing party in any dispute resolved through litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to jurisdiction of Waukesha County, Wisconsin. The parties hereby waive any jurisdictional or venue defenses available to them.
9.3. Contractor is an independent contractor, not an employee of Customer or any entity affiliated with Customer. Contractor shall provide the Services under the general direction of Customer, but Contractor shall determine, in Contractor’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.
9.4. The numbering and captions of the various sections are for convenience and reference only and shall not affect the scope, meaning, or intent of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
9.5. This Agreement comprises the entire understanding of the parties on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings, and discussions between the parties relating to the subject matter of this Agreement.
9.6. This Agreement may be modified by mutual agreement of the parties. Any modification of this Agreement must be in writing. Failure by either party to enforce any right or to seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
9.7. All notices to be given to Contractor related to this Agreement shall be transmitted to Contractor by using the Contact Information listed above. All notices to be given to Customer related to this Agreement shall be transmitted to Customer’s contact information listed in the Customer’s account unless notification of change of address is given in writing. Notice shall be effective upon sending.
9.8. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement, except to the extent that Customer may transfer any unused Advanced Fee to a new address or third party. Neither party may permit the Agreement to be transferred, assigned, or encumbered by operation of law or otherwise, without the prior written consent of the other party.
9.9. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable (including pursuant to Wis. Stat. § 134.49),the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceableprovision.9.9. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable (including pursuant to Wis. Stat. § 134.49), the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

WHEREFORE, by their execution, the parties hereto have agreed to all the terms and conditions of this Agreement effective as of the Effective Date, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all the terms and conditions herein.