Acceptance of Terms

1.1

By accepting a service proposal for services provided by Newell Services, LLC (“the company”), you (“client’) agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please refrain from using our services.

Services Definition

2.1

Our services include common lawn care services such as fertilization, weed control, overseeding, turfgrass establishment, soil aeration, disease treatment, and microbial and fungal application, as well as less common services such as soil testing, topdressing, leveling, and outdoor pest controls.

Invoicing & Payment Policy

3.1

Fees: You agree to pay the fees for the services provided as outlined in your service proposal(s).

3.2

Billing Cycle: Services are billed upon completion. Payment terms shall be DUE ON RECEIPT.

3.3

Payment Options:

• Automatic Payment via client managed, stored payment method

• Annual Prepayment of Services (Available 11/1 - 12/31 annually)

• Pay-As-You-Go Electronic Invoicing

• Cash/Check at the time of service.

3.4

Past Due Invoices: Unpaid invoices older than 14 days shall result in paused services until the invoice is fully paid. An automated email notification will be sent regarding the account status.

3.5

Late Fees: Late fees of 4% of the total invoice amount will be charged 30 days after the invoice date and will continue to be assessed monthly until the outstanding balance is paid in full.

Reschedule Policy

4.1

How To Submit A Reschedule Request: To ensure timely receipt and accuracy, clients should submit rescheduled service requests using our reschedule request form.

4.1.1

Reschedule Request Form: https://www.newell-services.com/account/reschedule-request

4.2

Reschedule Request Deadline: All reschedule requests must be received by 6:00 am local time on the scheduled day of service.

4.3

No Access: If our service provider arrives at the property and encounters access issues for your property, the client may be required to reschedule the service.

4.4

Reschedule Fee: Requests to reschedule after 6:00 am local time on the scheduled day or due to limited/no access will incur a $10 rescheduling fee, added to the client's invoice.

4.5

Service Availability: Rescheduled service dates and times are subject to availability and may be scheduled at the earliest convenience of the customer and Newell Services LLC.

4.6

Exceptions: At our discretion, Newell Services LLC may waive the rescheduled service fee in cases of documented emergencies or other exceptional circumstances.

Service Termination Policy

5.1

At Will Services: You may cancel services by completing a cancellation of service request no less than seven (7) days in advance of your next scheduled service.

5.1.1

Service Cancellation Form: https://www.newell-services.com/account/cancel-services

5.2

Outstanding Debt: Service cancellation does not eliminate outstanding debt obligations on behalf of the client.

5.3

Breach of Terms & Conditions: We reserve the right to terminate services immediately if you breach these Terms and Conditions.

5.4

Abuse: We reserve the right to terminate services where property owners, their neighbors, or their guests threaten physical harm or otherwise act in a threatening manner towards the companies staff and/or representatives.

Refund Policy

6.1

Eligibility for Refunds

6.1.1

Incomplete Services: You are eligible for a refund if we cannot complete the agreed-upon lawn care services specified in your service agreement due to circumstances beyond your control.

6.1.2

Cancellation of Service: When services are canceled in accordance with our Service Termination Policy, you are eligible for a refund of any prepaid amounts, less outstanding debt, and less non-refundable line items.

6.1.3

Dissatisfaction With Results: Refunds will not be issued due to dissatisfaction.

6.2

Requesting a Refund: To request a refund for incomplete services, you must notify us promptly, providing details of the incomplete services and the reason for the refund request.

6.2.1

Documentation: We may require supporting documentation, such as photographs or other evidence, to verify the incomplete services.

6.3

Refund Process

6.3.1

Assessment: Upon receiving your refund request and any required documentation, we will assess the situation to determine eligibility.

6.3.2

Approval: The company shall determine if the services were incomplete. We will approve the refund if services were incomplete due to circumstances beyond your control.

6.3.3

Denial: The company shall determine if the services were incomplete. If services were incomplete due to circumstances within your control, we will deny the refund.

6.3.4

Refund Method: Unless otherwise agreed upon, refunds will be issued by paper check mailed to the billing address on file.

6.3.5.

Timeframe for Refunds: Refunds will be processed within 30 days from the refund approval date.

Liability & Insurance Policy

7.1

Liability: We will perform our services carefully but are not liable for damages beyond our control, including acts of nature and underground obstacles.

7.2

Insurance: We maintain insurance coverage as required by law for all pesticide applicators licensed with the ODAFF, and we recommend that you do the same for your property.

Force Majeure

8.1

Weather and cultural inputs associated with the types of services provided by the company present an inherent risk that can and will affect the final results of any plan presented by the company.

8.2

The company shall not be held liable for any failure or delay in performing its obligations under any contract, service agreement, or terms and conditions when such failure or delay results from events or circumstances beyond its reasonable control. These events or circumstances may include, but are not limited to, acts of God, natural disasters, strikes, labor disputes, government actions, acts of terrorism, and any other force majeure event.

8.3

In such force majeure events, the Company shall be excused from performance to the extent reasonably necessary to mitigate the impact of the force majeure event on its operations and obligations. The Company will make all reasonable efforts to notify affected parties of the force majeure event and its expected duration.

8.4

Affected parties, including customers, acknowledge that the Company is not responsible for any losses or damages resulting from force majeure events and that no refunds or credits will be issued in such cases.

8.5

This clause is integral to all contracts and terms and conditions entered into with Newell Services LLC.

Privacy Policy

9.1

Information We Collect: We may collect various types of information, including but not limited to:

9.1.1

Personal Information: Names, addresses, phone numbers, and email addresses.

9.1.2

Property Information: Details about your lawn and property.

9.1.3

Billing Information: Payment details for services rendered.

9.1.4

Communications: Records of your interactions with us.

9.2

How We Use Your Information: We use the information we collect for the following purposes

9.2.1

Providing Services: To deliver lawn care services tailored to your property's needs.

9.2.2

Billing and Payments: To process payments for our services.

9.2.3

Communication: To respond to inquiries and provide updates.

9.2.4

Marketing: To inform you about our services and promotions (you can opt out anytime).

9.2.5

Compliance: To adhere to legal and regulatory requirements.

9.3

Information Sharing: We do not sell, trade, or rent your personal information to third parties.

9.3.1

 We may share your information with contractors and partners who assist us in delivering our services.

9.3.2

We may share your information solely for legal compliance when the law requires, or to protect our rights and interests.

9.4

Security: We take appropriate measures to protect your information, including encryption and secure data storage.

9.5

Your Choices

You can:

• Opt-out of marketing communications.

• Review and update your personal information.

• Request deletion of your data (subject to legal obligations).

9.6

Retention: We retain your information for as long as necessary to provide services and comply with legal obligations.

9.7

Children's Privacy: Our services are not intended for children under 18, and we do not knowingly collect information from minors.

Changes to Terms

10.1

We may update these Terms and Conditions without notice.

The latest version will be posted on our website.