Last Updated: June 15, 2023
Welcome to ThornSprigstone ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, services, and products (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.
You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract with the Company.
We reserve the right to modify these Terms at any time. We will provide notice of material changes through our website or via email. Your continued use of the Services after such changes constitutes acceptance of the new Terms.
ThornSprigstone provides professional garden design, landscaping, and related services including but not limited to:
Client agrees to provide ThornSprigstone personnel with safe and reasonable access to the property for consultations, site evaluations, and project execution during agreed-upon hours.
Client must disclose any known property conditions that may affect the services, including but not limited to:
Following installation, Client is responsible for proper maintenance of the landscape unless a separate maintenance agreement is in place. Failure to maintain the landscape may void any warranties.
Initial consultations may be subject to a fee, which will be applied toward any subsequent project costs if the client proceeds with services.
The design process typically includes:
Installation will proceed according to the approved design and project timeline. Client understands that weather conditions and material availability may affect the schedule.
All prices are quoted in local currency and are valid for 30 days from the date of proposal. Prices are based on current material and labor costs and may be subject to adjustment for significant changes in these costs.
For design projects, a 50% deposit is required to begin work with the balance due upon delivery of final designs. For installation projects, the following payment schedule applies:
Payments more than 15 days overdue will accrue interest at 1.5% per month (18% APR). Projects with overdue payments may be put on hold until payment is received.
Minor changes to the approved design may be accommodated. Significant changes requested after approval may incur additional design fees and delay the project timeline.
If Client cancels a project after work has begun:
Plants are guaranteed for 6 months from installation against defects and failure to establish, provided proper maintenance instructions are followed. Client must notify ThornSprigstone within 30 days of noticing any issues.
Stonework and other hardscape elements are guaranteed for 12 months against defects in materials and workmanship. Normal settling and weathering are not considered defects.
Warranties do not cover damage caused by:
Upon full payment, Client receives a license to use the design for the specified property. ThornSprigstone retains copyright to all designs and may use completed projects for promotional purposes.
ThornSprigstone may photograph completed projects for our portfolio and marketing materials. If Client prefers their project not be photographed, they must request this in writing before project completion.
ThornSprigstone's total liability for any claim arising from our Services is limited to the amount paid by Client for those specific Services. We are not liable for:
Parties agree to attempt to resolve any disputes through good faith negotiation before pursuing other remedies.
If negotiation fails, parties agree to non-binding mediation with a mutually acceptable mediator before filing any lawsuit.
These Terms shall be governed by the laws of the state where ThornSprigstone's principal office is located, without regard to its conflict of law provisions.
ThornSprigstone is not liable for delays or failures in performance resulting from acts beyond our reasonable control, including but not limited to: acts of God, war, terrorism, labor disputes, material shortages, or government restrictions.
These Terms, along with any project-specific agreements, constitute the entire agreement between the parties regarding the Services.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Client may not assign these Terms without ThornSprigstone's prior written consent. We may assign our rights and obligations under these Terms without restriction.
For questions about these Terms, please contact us at:
ThornSprigstone
123 Garden Way
Stone Valley, CA 90210
Phone: (555) 123-4567
Email: legal@thornsprigstone.com