We see our mission as working together to make your lawn both beautiful and planet positive. We take pride in our work and want to ensure that we provide the best service available. Our terms and conditions are below.
Full Terms & Conditions
Sust believes in working together to make your property both beautiful and a climate asset. We take pride in our work and want to ensure that we provide the best service available. By accepting our proposal the Customer agrees with the following terms and conditions.
These Sust Terms and Conditions (“Terms”) govern the sale and provision of Services (as defined below) by Live Sust Inc. (“Sust”). The accompanying quote, proposal, order acknowledgement or invoice (“Order”) and these Terms (together, the “Agreement”) comprise the agreement between Sust and the customer (“Customer”), and supersede all prior or contemporaneous communications, understandings or agreements (whether verbal or written). Sust and Customer are referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
These Terms are subject to change by Sust at any time, without any prior written notice. The Terms can be changed solely at the discretion of Sust. Any changes to the Terms will be in effect as of the ‘Last Updated Date’ as described on the terms section of the website www.livesust.com.
1. Services
During the Term (as defined below), Sust shall perform the landscape management services described in the packages provided in the estimate, which consists of, but is not limited to, lawn mowing, trimming, landscape plant bed management, trimming/shaping of shrubs, spring/fall property clean-up and various related landscaping services (collectively, the “Services”) for Customer, at the location(s) identified in the estimate (the “Service Location(s)”). Sust shall provide all necessary and adequate personnel, materials, tools, equipment and vehicles necessary to perform the Services. Sust shall make the final determination of when Services are necessary at any location. Customer acknowledges that because of variations in weather, client watering, and other factors beyond the control of Sust, the obligations of the Contractor shall be limited to providing experienced labor and quality products. Sust reserves the right to delay or stop work during such extreme conditions so as not to create unsafe working conditions for its employees and contractors. Sust makes no other warranties, express or implied.
Customer may request additional work beyond the original Services package at any time upon written request to Sust, provided that the Parties shall enter into a written amendment documenting any adjustments to the Services and resulting changes to the Fees, Service Location(s) and/or other terms prior to implementation of any such change(s).
2. Fees and Payment
The Customer is required to keep an active payment method on file with Sust at all times. An active payment method includes a valid credit card or ACH bank account. Sust shall automatically charge the primary payment method on file before the 3rd day of each month for any Services including in the package. If a Customer pays for the entire season in advance, the payment method will only be charged once and not on a monthly basis. Sust will provide a receipt via email of completed payments within 5 business days of a charge. The Customer is responsible for all taxes related to the service.
For non-package services, Sust will charge the Customer based on the payment terms set in the estimate. The payment will be completed directly to the active payment method on file unless otherwise indicated. Final payment will be charged within 24 hours of completion of the work.
Prices are based on site conditions Sust was able to discern (either through a visit or using publicly available digital resources) when preparing the estimate. Changes in site conditions may result in adjustments to the agreed price. If there are to be any adjustments to the agreed price, the Sust will notify the Customer before performing the work. If the Customer does not agree to the adjusted price for the service involved, they must notify Sust, and Sust shall have the right, to be exercised at the sole discretion of Sust, to cease performance of the service. If the Customer agrees to the adjusted price, the additional payment is subject to the same payment terms as the original agreement.
If a payment is unable to be completed by Sust, interest shall accrue at the rate of one and one-half percent (1-1/2%) a month on any past due balance beginning thirty (30) days after the completion of the service provided. The interest will continue to accrue until the payment is made in full. Sust’s receipt and acceptance of any payment less than the full amount due shall not waive any rights of Sust. Sust may set-off any amount due from Customer, whether or not under this Agreement, against any amount due Customer hereunder. The Customer may not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Sust. All costs and expenses, including but not limited to collection fees and reasonable attorney’s fees for the collection of any overdue amount due Sust, shall be paid by Customer.
3. Term and Termination
(a) Term. The term of this Agreement shall commence upon the date of acceptance and be effective through the year (December 31st). After the completion of the term, Sust will provide an updated estimate that shall provide an Agreement for the next term.
(b)Service Period. Customer acknowledges and agrees that the service period(s) during which Sust is obligated to perform the Services (the “Service Period”) starts March 1st and ends November 30th during each year of the Term. While Sust may provide Services outside of this window, the Customer agrees this will be at the discretion of Sust.
(c) Termination. If Customer defaults in any payment when due, fails to perform any of its other obligations under this Agreement, becomes the subject of any bankruptcy or insolvency proceeding, or whenever, in Sust’s discretion, there is doubt as to Customer’s financial stability, Sust may, in its sole discretion and without prejudice as to its other lawful remedies, cancel or defer performance, demand immediate payment of all of Customer’s outstanding invoices or account balances (plus any additional costs, expenses, losses or damages, including without limitation, lost profits, incurred by it as a result of such cancellation, delay, default or bankruptcy), condition future performance against payment of cash in advance and/or terminate any Order or this Agreement. Upon termination of the Agreement by Sust for any reason, Customer will immediately pay Sust for all Services completed prior to termination.
(d) Cancellation. If the Customer decides to cancel the Agreement, they may do so by requesting cancellation in writing to Sust at least 14 days before their desired end of service. If Sust approves the cancellation, Sust has the right to complete Services for that month. Sust also reserves the right to invoice the Customer for any materials, services, or fees provided and not yet recouped if they are paying each month. In the event the Customer has prepaid for the year, Sust will refund whatever amount is determined based on completed work. Sust has the sole right to determine this amount.
4. Site Conditions
(a) An express condition to Sust’s performance of Services is that the Service Location(s) shall at all times be accessible to Sust’s equipment and materials. Customer shall be solely responsible for taking any and all measures necessary to provide Sust with a safe and suitable work environment, including, without limitation, any safety precautions reasonably requested by Sust prior to the provision of the Services. Services may also be delayed, unavailable, or skipped in the event of limiting factors including pet waste or other items on lawn, road blockages, locked gates, construction, or any other factor that may prevent work from taking place. Sust shall not be liable for any delay in the completion of or inability to complete the Services resulting from Customer’s failure to provide a suitable work environment or accessible site.
(b) If a Service Location has not been maintained by Customer, Sust reserves the right to refuse performance of the Services and may, in its sole discretion, re-quote the Services based on the current condition of the Service Location.
(c) Occasionally a client (through no fault of their own) has a hazard or impediment in the lawn where it should not be - such as a sprinkler system head which did not fully retract, or a cable (TV or other) buried just an inch or two beneath ground level (more shallowly than specifications require). These hazards are often undetectable until cut by Contractor equipment. Accordingly, client hereby holds Contractor harmless for any damage caused by Contractor, its employees, and agents to any undetectable or malfunctioning hazard on client's property.
5. Warranties
Sust represents and warrants that it shall perform the Services: (i) in accordance with the terms and conditions of this Agreement, (ii) using personnel of required skill, experience and qualifications, (iii) in a timely, workmanlike and professional manner, (iv) in accordance with all applicable laws, ordinances, rules and regulations and the highest professional and generally acceptable industry standards in the landscape management industry, and to the reasonable satisfaction of Customer. Sust makes no other representations or warranties whatsoever with respect to the services, and Sust expressly disclaims all other warranties without limitation. The Customer’s sole and exclusive remedy under this limited warranty shall be re-performance of the services.
6. Limitation of Liability
(a) Unless directly caused by the sole negligence or willful misconduct of Sust, its agents, subcontractors or representatives, Sust shall in no event be liable or responsible to Customer for any damages, losses or liabilities arising from any work done at the Service Location. Customer shall indemnify, defend and hold Sust harmless from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest penalties, fines, fees, costs or expenses of any kind (including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement.
(b) In no event shall Sust be liable to customer or anyone claiming by, through or under customer for any indirect, consequential, incidental, special or punitive damages of any nature, whether arising in contract, warranty, tort (including negligence), or strict liability, including, without limitation, delay, lost revenue, lost profits or loss of goodwill, regardless of whether such damages were foreseeable and even if Sust has been advised of the possibility of such damages. Customer must notify Sust within three (3) business days of any obvious or visible alleged damage resulting from the Services. Failure to report such damages in a timely manner shall constitute a waiver and release of claims relating thereto. Customer’s aggregate recovery from Sust for any claim other than those excluded herein shall not exceed the Fees paid by Customer for the Services giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise. If, for any reason, the foregoing limitations are found by a court to be invalid or inapplicable under any applicable state or federal law, Customer agrees that Sust’s total liability for all Losses of any kind or nature shall be limited to actual damages without regard to any punitive or exemplary damages provided by any applicable law.
7. Insurance
During the Term, Sust shall, at its own expense, maintain and carry insurance in full force and effect which includes, without limitation, commercial general liability, umbrella and workers’ compensation with financially sound and reputable insurers. Upon Customer’s request, Sust shall provide Customer with a certificate of insurance from Sust’s insurer evidence of such insurance coverage.
8. Subcontractors
Sust shall have the right to hire, and delegate its obligations under this Agreement to, subcontractors to perform the Services under this Agreement, provided that Sust shall remain fully responsible for the performance of all of its obligations under this Agreement and for the performance of its subcontractors and such subcontractors compliance with this Agreement.
9. Relationship of Parties
Sust is, and shall act in all respects as, an independent contractor and shall have exclusive control over the manner and method of performing the Services including the manner in which its subcontractors perform the Services. Nothing herein shall authorize or empower either Party to assume or create any obligation or responsibility whatsoever, express or implied, on behalf or in the name of the other Party, or to bind the other Party in any manner, or make any representation, warranty, or commitment on behalf of the other Party.
10. Force Majeure
For purposes of this Agreement, “Force Majeure” means any act, event or condition materially and adversely affecting the ability of a Party to perform or comply with any of its material obligations, duties or agreements required under this Agreement. This can include but is not limited to (1) an act of God, epidemic, landslide, lightning, earthquake, fire, explosion, storm, flood or similar occurrence; (2) an act of public enemy, war, blockage, insurrection, riot, general unrest or restraint of government and people, civil disturbance or disobedience, sabotage, act of terrorism or similar occurrence; (3) a strike, work slowdown, or similar industrial or labor action; (4) a significant change in economic conditions; (5) an order or judgment or other act of any federal, state, county or local court, administrative agency or governmental office or body which prevents a Party from performing its obligations as contemplated by this Agreement; or (6) adoption or change (including a change in interpretation or enforcement) of any federal, state or local law after the date of this Agreement, preventing performance of or compliance with the obligations hereunder.
Neither Party shall be liable to the other for damages without limitation (including liquidated damages) if such Party’s performance is delayed or prevented due to an event of Force Majeure. In such an event, the affected Party shall promptly notify the other of the event of Force Majeure and its likely duration. In the event of a delay in either Party’s performance of its obligations hereunder for more than sixty (60) days due to an event of Force Majeure, the other Party may, at any time thereafter, terminate this Agreement.
11. Assignment
Customer may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Sust.
12. Survival
All terms and provisions of this Agreement that should by their nature survive the expiration or termination of this Agreement shall so survive.
13. Governing Law; Venue; Jurisdiction
This Agreement and performance under it will be governed by and construed in accordance with the laws of the State of Maryland, without regard to choice of law principles. Venue and jurisdiction for any action or claim arising out of or relating to this Agreement shall be in the state and federal courts located in Maryland. The Parties consent to the venue and jurisdiction of such courts and waive any objections to such venue and jurisdiction.
14. Execution
This agreement constitutes the final and entire agreement between the Parties. There are no representations, terms, or conditions (oral or written) other than those expressly set forth in this Agreement. The submission of this agreement for the Customer’s approval does not obligate Sust to perform the services described unless and until the agreement is approved or signed by an authorized representative of Sust and accepted and approved by Sust. Customer understands and hereby agrees that this Landscape Service Agreement may be subject to assignment by Sust to its assigns and/or successors in interest, and Customer hereby consents to any such assignment by Sust. This Agreement is considered accepted by both Parties upon digital acceptance of an estimate.
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