1. Acceptance of Terms

These Terms and Conditions ("Terms") govern all services provided by Desiree Gardens ("Contractor") to the Client ("Client").

By accepting a quote or signing a contract with the Contractor, the Client agrees to be bound by these Terms.

2. Quotes and Estimates

All quotes provided by Contractor are valid for 30 days from the date of issuance. After this period, the Contractor reserves the right to adjust pricing to reflect changes in material costs, labor rates, or other factors.

3. Scope of Work

The scope of work will be outlined in the proposal or contract signed by the Client. Any additional work not included in the initial agreement will require a change order and may incur additional charges.

4. Payment Terms

- Before work begins, a deposit may be required.

- The remaining balance is due upon completion of the project.

- A payment schedule may be included to release specified funds at specified benchmarks in pursuant to the Clients job requirements in accordance with the agreed-upon contract unless otherwise specified in the contract.

- Late payments may be subject to a 3% monthly interest fee, which will commence 24 hours after the completion of the project.

5. Permits and Approvals

Unless explicitly stated otherwise in the contract, the client is responsible for obtaining all necessary permits, permissions, and approvals required for the project. The Contractor will not be held responsible for any tickets, fees, or fines resulting from the Client's neglect to obtain these requirements.

6. Project Schedule

The Contractor will make reasonable efforts to complete the project within the agreed timeline. However, the Contractor is not liable for delays caused by weather, supply chain issues, payment delays by the Client, unforeseen circumstances, or other factors beyond Contractor control.

7. Materials and Equipment
All materials and equipment supplied by the Contractor will remain the Contractor's property, uninstalled and installed at the job location, until full payment is received. The Contractor has the right to remove its property from the Client's job location if payment is not made in accordance with these Terms. If the Contractor needs to remove the property due to non-payment by the Client, the Client agrees to provide unobstructed access to the job location without delays. The Contractor will not be held responsible to fix, correct, or return the job site to its original state before the project began. It is the sole responsibility of the Client to fix, correct, or return the job site to its original state at their own expense.

8. Site Access

The client agrees to provide the Contractor with access to the work site during normal working hours or as otherwise agreed. Delays caused by restricted access may result in additional charges required to complete the project.

9. Warranties and Guarantees

The Contractor warrants that all work will be performed in a professional manner and in accordance with industry standards. Any defects in workmanship must be reported within 7 Days of project completion. Warranties do not cover damage caused by misuse, neglect, or natural events.

10. Liability

The contractor is not liable for:

- Damage to underground utilities or structures unless their location is clearly marked by the Client prior to the commencement of work.

- Damage caused by weather, pests, or other natural factors after project completion.

- Damage caused by misuse or neglect from the Client or any other person(s) not employed by the Company, or natural events.

11. Termination
Either party may terminate the agreement with written notice if the other party breaches these Terms. In the event of termination, the Client is responsible for payment for work completed up to the termination date. If termination results from non-payment and the Contractor exercises the right to remove materials or equipment from the job location, the Client agrees to provide unobstructed access to the job location without delays. The Contractor will not be responsible for restoring the job site to its original condition, and any such restoration will be the sole responsibility of the Client at their own expense.

12. Indemnification

Client agrees to indemnify and hold Contractor harmless from any claims, damages, or liabilities arising from the project, except those caused by Contractor’s negligence or willful misconduct.

13. Governing Law

These Terms are governed by the laws of State or Jurisdiction of the project location. Any disputes will be resolved in the courts of this State or Jurisdiction.

14. Entire Agreement

These Terms, together with the signed contract or proposal, constitute the entire agreement between Contractor and Client and supersede any prior agreements or understandings.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16. SMS OPTIN:

By opting into the Offer SMS program, you agree to receive text messages from Desiree Gardens regarding updates, service notifications, appointment reminders, special promotions, and other relevant communications. Message frequency may vary.

Opt-Out Instructions: You can cancel the SMS service at any time. Simply text "STOP" to +1 817-330-5220. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us.

Rejoining Instructions: To rejoin the SMS service after opting out, sign up as you did initially on our website or by contacting us, and we will resume sending SMS messages to you. You may also reply "START" to +1 817-330-5220

Help Instructions: If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to our support team at [email protected].

Carrier Liability Disclaimer: Carriers are not liable for delayed or undelivered messages.

Message and Data Rates Disclaimer: As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text or data plan, contact your wireless provider.

Privacy Policy: For privacy-related inquiries, please refer to our privacy policy here: https://desireesgardens.com/features-pp

Industry Compliance: This SMS program is intended to comply with all applicable industry guidelines, including those set by the CTIA and the Mobile Marketing Association (MMA).

Legal Compliance: By participating in this SMS program, you also agree to comply with all applicable local, state, and federal laws and regulations.

17. Amendments

Contractor reserves the right to amend these Terms at any time. Any amendments will be communicated to the Client in writing.

18. Contact Information

For any questions or concerns regarding these Terms, please get in touch with Contractor at (877) 558-1496.