Best Terms of Service Service Pompano Beach

Terms of Service

Effective Date: March 17, 2025

These Terms of Service (“Agreement”) govern the relationship between EPR Landscaping (“Company,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”) who engages our services. By scheduling, authorizing, or accepting any service from EPR Landscaping, you agree to be bound by this Agreement.

1. Scope of Services

EPR Landscaping provides residential and commercial landscaping and property improvement services in Broward County, Florida, including but not limited to: lawn mowing and maintenance, landscape design and installation, hardscaping (pavers, patios, walkways), pergola and deck construction, fence installation, irrigation system installation and repair, top dressing, and outdoor space design. The specific services to be performed, along with pricing, timelines, and any relevant conditions, will be outlined in a written proposal or service agreement provided prior to work commencing. Work outside the agreed scope requires a written change order signed by both parties.

2. Estimates and Pricing

All estimates are based on a visual inspection and the information provided by the Client at the time of estimate. Final pricing may be adjusted if site conditions differ materially from what was represented, if unforeseen obstacles are encountered, or if the scope of work changes at the Client’s request. The Company will notify the Client of any material price adjustment before proceeding with work that would incur additional cost.

3. Payment Terms

Payment terms are as stated in your proposal or service agreement. For most project-based work, a deposit is required before work begins, with the remaining balance due upon completion. For recurring maintenance services, invoices are issued on the schedule described in your service agreement. Payment is due within 14 days of the invoice date unless otherwise agreed in writing. Accounts more than 30 days past due are subject to a late fee of 1.5% per month on the unpaid balance. The Company reserves the right to suspend or discontinue services on accounts with outstanding balances. In the event that collection action is required, the Client agrees to pay all reasonable attorney fees and collection costs incurred by the Company.

4. Cancellation and Rescheduling

Recurring maintenance services may be cancelled with 30 days written notice. Cancellation of project-based work after a deposit has been paid may result in forfeiture of the deposit if materials have been ordered or work has commenced. The Company reserves the right to reschedule services due to inclement weather, equipment failure, or other circumstances outside our control. We will make reasonable efforts to notify the Client promptly and reschedule at the earliest available time. Clients who cancel a scheduled service with less than 48 hours notice may be charged a cancellation fee as stated in their service agreement.

5. Permit Responsibility

Certain types of work, including fence installation, structural construction, and some hardscaping projects, may require permits from Broward County or the applicable municipality. Where permits are required, the Company will identify this during the proposal process. Unless otherwise stated in writing, obtaining required permits is the responsibility of the Client. The Company may assist with the permit application process as a courtesy, but assumes no liability for delays, rejections, or fees associated with the permitting process. Work will not commence until all required permits are obtained. If the Client requests that work proceed without required permits, the Company reserves the right to decline and will not be held liable for any resulting delay.

6. Client Responsibilities

The Client is responsible for providing accurate information about the property, including the location of underground utilities, irrigation lines, septic systems, and property boundaries. The Client must notify the Company of any known site hazards before work begins. The Company will contact 811 (Florida Sunshine State One Call) for utility location on excavation projects, but the Client remains responsible for private utilities not covered by that service. The Client is also responsible for securing or removing personal property, vehicles, and pets from the work area on service days.

7. Warranty

Workmanship warranty: The Company warrants that all labor will be performed in a professional manner and that completed work will conform to the agreed specifications. If a defect in workmanship is identified within 30 days of project completion, the Company will correct it at no charge upon written notice from the Client. This warranty does not cover damage caused by weather events, Client or third-party modifications, improper maintenance, or conditions beyond the Company’s control.

Plant and material warranty: Living plant material is subject to natural variability and is not warranted against failure due to drought, pest infestation, disease, improper watering by the Client, or other environmental factors after installation. The Company makes no express warranty on plant material beyond what is provided by the supplier. Hardscape materials and manufactured products carry only the warranties provided by their respective manufacturers.

This warranty is the sole and exclusive warranty provided by EPR Landscaping and is in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

8. Limitation of Liability

To the maximum extent permitted by Florida law, the Company’s total liability to the Client for any claim arising out of or related to this Agreement or the services performed shall not exceed the total amount paid by the Client for the specific service giving rise to the claim. The Company is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, loss of use, or damage to property not directly caused by the Company’s negligence. The Company is not responsible for damage to underground utilities, lines, or structures that were not disclosed by the Client or identified through the standard utility-locate process. The Company is not liable for acts of God, weather events, or other circumstances beyond reasonable control.

9. Insurance

EPR Landscaping maintains general liability insurance and workers’ compensation coverage as required by Florida law. Certificates of insurance are available upon written request.

10. Force Majeure

Neither party shall be in default under this Agreement for any failure or delay in performance caused by circumstances beyond that party’s reasonable control, including but not limited to: acts of God, natural disasters, fire, flooding, severe weather, epidemic, pandemic, war, government orders or restrictions, strikes, or supply chain disruptions. The affected party shall notify the other party as soon as reasonably practicable and shall resume performance as soon as the force majeure condition is resolved. Force majeure does not excuse payment obligations for work already performed.

11. Dispute Resolution

In the event of a dispute arising from or relating to this Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation. If negotiation is unsuccessful within 30 days, the parties agree to pursue mediation before initiating litigation. Any legal action that cannot be resolved through mediation shall be filed exclusively in the state or federal courts of Broward County, Florida. This Agreement is governed by the laws of the State of Florida without regard to its conflict-of-law provisions.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be Broward County, Florida.

13. Modifications to These Terms

The Company reserves the right to update or modify these Terms of Service at any time. Updated terms will be posted on our website at eprlandscaping.com/terms-of-service/. Continued use of our services after any modification constitutes acceptance of the revised terms.

14. Severability

If any provision of this Agreement is found to be unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

This Agreement, together with any written proposal or service agreement signed by both parties, constitutes the entire agreement between EPR Landscaping and the Client with respect to the services described and supersedes all prior discussions, representations, or agreements. No oral modification of this Agreement is binding.

Contact Us

If you have questions about these Terms of Service, please contact us:

EPR Landscaping
913 NE 1st St, Pompano Beach, FL 33060
Phone: (954) 461-8466
Email: [email protected]