Terms and Conditions
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE BETWEEN CUSTOMER AND ZIEHLER LAWN CARE (AKA ZIEHLER). PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”
CUSTOMER ACKNOWLEDGMENT. Customer hereby acknowledges that: 1) Customer is 18 years of age or older and has authority to enter into a contract for lawn care services; 2) that Customer has read and fully understands these terms and conditions; and 3) that these terms and conditions shall be deemed a binding part of Customer’s contract with Ziehler Lawn Care for lawn care services contracted through the Ziehler website, or by telephone, email, and / or any other method. Customer acknowledges that these terms and conditions are a material inducement for Ziehler Lawn Care to enter into a contract with Customer. Lawn care treatments must be applied in compliance with product label requirements. Accordingly, Customer agrees to follow instructions regarding product label requirements that are left with Customer following a lawn care treatment, including, but not necessarily limited to, watering in the treatment.
OUR GUARANTEE. For Customers purchasing 5 or more fertilization and weed control applications in a calendar year, Ziehler Lawn Care will revisit Customer’s property as often as needed between scheduled visits to make any necessary fertilizing or weed control adjustments and to ensure Customer’s satisfaction. After thirty (30) days, should the problem persist, we’ll continue to provide service or refund your last service payment.
CONTINUOUS SERVICE. To optimize the effectiveness of the services provided, Customer’s plan shall continue from year to year without any action on Customer’s part. This includes any services purchased initially or added at a later time. Remember, Customer’s plan will continue unless Customer contacts Ziehler Lawn Care at 937-312-9575 to cancel. Customer or Ziehler Lawn Care may cancel service at any time, subject to Customer’s obligation to pay for all contracted services as provided herein. All pre-paid amounts shall be NON-REFUNDABLE and any remaining account balance for pre-pay Customers who terminate their annual plan early (prior to completion of all scheduled plan applications) shall remain the property of Ziehler Lawn Care. Ziehler Lawn Care reserves the right, in its sole discretion, to implement annual price increases due to inflation, cost of goods and services, or other economic factors.
COST OF SERVICES/BILLING. Except as otherwise set forth herein, billing for each lawn application (and applicable fuel, handling, processing, or other economic surcharges) will occur after service is rendered with payment due upon receipt of invoice. All new Customers are required to enroll in Ziehler Lawn Care’s Auto-Pay program. Customers may prepay for their annual lawn care service plan, however enrollment in the Auto-Pay program is still required and services purchased without prepay will default to Auto-Pay. The cost of services in a Customer’s plan may vary. Current year discounts may not apply in subsequent years. Any credits or discounts offered by Ziehler Lawn Care shall only be applied to future Ziehler Lawn Care services and are not redeemable by Customer for cash.
AUTO-PAY AGREEMENT. Customer’s enrollment in the Ziehler Lawn Care Auto-Pay option constitutes Customer’s agreement to the following terms and provisions which shall be deemed a binding part of Customer’s agreement to receive and pay for services provided by Ziehler Lawn Care. Please read these provisions carefully and contact Ziehler Lawn Care immediately in the event that you wish to cancel your Auto-Pay Enrollment.
- Customer agrees to pay for all services provided and authorizes Ziehler Lawn Care to initiate electronic payment transactions from the credit card account that Customer has provided to Ziehler Lawn Care. Customer’s consent applies to all invoices issued by Ziehler Lawn Care for all services provided at any time, including invoices for services that automatically renew each year. All payments will be automatically withdrawn from Customer’s specified credit card account on the date Ziehler Lawn Care issues an invoice for services unless Customer terminates the above authorization in the manner described herein.
- Customer understands and agrees that Ziehler Lawn Care shall automatically charge Customer’s credit card account, as applicable, for the total amount due on Customer’s account. The charge or debit shall be initiated by Ziehler Lawn Care as required without further notice to Customer. ZIEHLER LAWN CARE SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT CUSTOMER MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH CUSTOMER’S ACCOUNT IS DEBITED OR CUSTOMER’S CREDIT CARD IS CHARGED.
- To cancel your Auto-Pay Enrollment, Customer must call Ziehler Lawn Care at 937-312-9575. Customer agrees that Ziehler Lawn Care may contact Customer via telephone, text, or email and further agrees to promptly notify Ziehler Lawn Care of any changes or updates to Customer’s credit card information.
- Customer agrees to promptly notify Ziehler Lawn Care in the event of any billing errors so that Ziehler Lawn Care can correct any such errors. If Customer’s payment is rejected, refused, returned, disputed, or reversed by Customer’s financial institution or card issuer for any reason, Ziehler Lawn Care shall have the right to immediately terminate its contractual relationship with Customer.
- Ziehler Lawn Care reserves the right to terminate Customer’s Auto-Pay enrollment at any time.
- Customer is responsible to verify whether or not any additional charges will be applied by Customer’s credit card issuer and agrees to be bound by any rules that Customer’s financial institution requires for pre-authorized credit card transactions. Customer is responsible for all fees charged by your financial institution associated with this pre-authorized payment option.
- Ziehler Lawn Care reserves the right to revise the terms of Auto-Pay Enrollment from time to time and will provide notice of any such changes by posting revisions on the Ziehler Lawn Care website which shall be deemed effective at the time of posting. If Customer does not agree with any such revisions, Customer must terminate the Auto-Pay Enrollment immediately, which may terminate service. Customer’s continued use of the Auto-Pay Enrollment constitutes Customer’s agreement with these terms and conditions, as amended.
CHECK PROCESSING POLICY ACH. Payment by check constitutes Customer’s authorization to either use information from Customer’s check to make a one-time electronic fund transfer from Customer’s account or to process the payment as a check transaction. If we use information from Customer’s check to make an electronic fund transfer, funds may be withdrawn from Customer’s account as soon as the same day we receive payment and Customer will not receive a copy of the check back from Customer’s financial institution. If any check, draft, credit card, or EFT transfer payable to Ziehler Lawn Care is not honored, Ziehler Lawn Care will assess a $25.00 fee for each such item (in addition to all other rights and remedies for the unpaid balance).
LATE FEES. A service charge of 0.66% per month shall be added to the unpaid balance of all accounts not paid within 30 days. If payment is not made, you agree to be responsible for and reimburse Ziehler Lawn Care for all costs of collection, including any court fees and attorney’s fees incurred for the collection of your account.
NON-PAYMENT/DEFAULT. The obligation of Ziehler Lawn Care hereunder is conditioned upon payment in full of all service charges and failure to pay such charges shall cancel this contract in its entirety and discharge Ziehler Lawn Care of any liability. All amounts paid shall be deemed the property of Ziehler Lawn Care.
ACCESS TO PROPERTY. Customer authorizes Ziehler Lawn Care to access Customer’s property on days and times of Ziehler Lawn Care’s choosing to provide the services requested. Ziehler Lawn Care may further move personal property on the grounds as may be reasonably needed to perform its services.
CONTACT INFORMATION. By providing your phone number to Ziehler Lawn Care, Customer expressly consents for Ziehler Lawn Care, along with its agents and affiliates, to contact Customer by telephone, including through the possible use of an automatic telephone dialing system or other automated technology, text and pre-recorded message, with marketing messages, offers and other information regarding Ziehler Lawn Care’s products and services. Customer expressly consents to be contacted through such means at the telephone numbers (including wireless numbers) that Customer provides to Ziehler Lawn Care. Customer represents and warrants that any mobile or wireless telephone number provided belongs to Customer and is associated with Customer’s account for a mobile device in Customer’s possession. Customer agrees to notify Ziehler Lawn Care immediately if Customer’s mobile or wireless telephone number changes and furthers agree to indemnify and hold Ziehler Lawn Care harmless for all claims, damages, and liabilities resulting from Customer’s failure to do so. Consent is not a requirement of purchase. Should Customer have any questions about which addresses, telephone numbers or email addresses Customer provided to Ziehler Lawn Care, or should Customer wish to stop receiving calls from Ziehler Lawn Care, please review your account information or call Ziehler Lawn Care at 937-312-9575.
BINDING EFFECT. This document constitutes a valid binding agreement between Customer and Ziehler Lawn Care. The rights and obligations created hereunder are binding upon Customer and Ziehler Lawn Care. Ziehler Lawn Care may assign any of its rights and obligations to another company. No other person shall acquire or have any rights under or by virtue of these Terms & Conditions.
MODIFICATIONS. Ziehler Lawn Care reserves the right to revise these terms and conditions from time to time with or without notice to Customer. In the event of a conflict between or among previously published terms and conditions, the latest terms and conditions published on this Ziehler Lawn Care, website shall be controlling. Customer acknowledges and agrees that Customer’s continued use of Ziehler Lawn Care services constitutes Customer’s acknowledgement and agreement to be bound by all terms and conditions, including all revisions. Customer should visit this website periodically to review updated terms and conditions.
WAIVER / SEVERABILITY. Ziehler Lawn Care’s failure to enforce any of these Terms or Conditions shall not be deemed a waiver of Ziehler Lawn Care’s rights. If a court finds a provision in this Agreement to be invalid, Customer and Ziehler Lawn Care agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid and enforceable.
SURVIVAL. The terms and provisions contained herein that by their nature and content are intended to survive the performance of Ziehler Lawn Care’s obligations shall so survive the completion of the performance, expiration and termination of this Agreement.
NOTICE OF CLAIM AND OPPORTUNITY TO CURE. Customer acknowledges that Ziehler Lawn Care is a lawn maintenance company that provides lawn maintenance services and that Ziehler Lawn Care is not a home improvement contractor and / or a real property improvement supplier. Ziehler Lawn Care applies all lawn care products per the manufacturer label. Before any claim can be asserted by Customer against Ziehler Lawn Care arising from any alleged breach of its service contract, or asserting damage or injury to person or property arising from any act or omission on the part of Ziehler Lawn Care or its agents, employees, or representatives, Customer must provide timely written notice to Ziehler Lawn Care identifying and documenting the damage or injury alleged and the acts or omissions that are the basis of Customer’s claim. The written Notice of Claim must be presented by Customer to Ziehler Lawn Care within 60 days of the date of the alleged act or omission that caused damage, regardless of the date upon which the damage was first observed. Ziehler Lawn Care will have 60 days following its receipt of Customer’s Notice of Claim to investigate Customer’s claim and to correct any deficiency or repair any damage that Ziehler Lawn Care determines to have been its responsibility. Customer agrees to provide Ziehler Lawn Care reasonable access and a reasonable opportunity to observe, test, document, and investigate Customer’s damage claims, and to effect remedial measures. The failure of Customer to submit a timely written Notice of Claim constitutes an irrevocable acceptance by Customer of the sufficiency of Ziehler Lawn Care’s performance of its contractual obligations. Customer waives and releases all claims for damage or injury allegedly arising from any act or omission on the part of Ziehler Lawn Care or its agents, employees, or representatives that are not asserted in a timely served Notice of Claim.
TIME LIMIT FOR FILING CUSTOMER CLAIMS. Notwithstanding the provisions of any other statutes of limitations, Customer agrees that all claims by Customer against Ziehler Lawn Care are barred if such claims are not initiated within one year of the last date of service provided by Ziehler Lawn Care to Customer, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when Ziehler Lawn Care receives a written demand for arbitration of such claim. If the arbitration provisions of this contract are determined inapplicable or unenforceable to such claim, the claim is not “initiated” until Ziehler Lawn Care receives service of a Summons and Complaint.
MANDATORY ARBITRATION. Customer and Ziehler Lawn Care agree that all claims by Customer against Ziehler Lawn Care which in any way relate to this contract, or to the lawn care services provided to Customer by Ziehler Lawn Care, will be resolved by mandatory binding arbitration. This arbitration requirement applies to all claims, regardless of the legal theory under which such claim is brought, including claims sounding in contract, tort, strict liability, fraud, or based on statute. The arbitration shall be conducted in Montgomery County Ohio under the Commercial Arbitration Rules of the American Arbitration Association.
LIMITATION OF LIABILITY. In no event shall Ziehler Lawn Care be liable to Customer, and Customer expressly waives and agrees to make no claim for, intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, or emotional or mental injury. In no event shall Ziehler Lawn Care be liable to Customer, and Customer expressly waives and agrees to make no claim for exemplary or punitive damages, or for statutory minimum damages or treble damages or costs or attorney fees. In any claim for damage to Customer’s lawn, plants or landscaping, Ziehler Lawn Care’s liability is limited to, and shall not exceed, the amount Customer paid for the lawn care application alleged to have caused the damages claimed by Customer.
GOVERNING LAW / VENUE. If the arbitration provisions of this contract are determined to be inapplicable or unenforceable as to any claim of Customer against Ziehler Lawn Care, any litigation between Customer and Ziehler Lawn Care shall be governed by Ohio law and resolved exclusively in the State or Federal courts located in Montgomery County Ohio. Customer agrees to personal jurisdiction and venue in Montgomery County Ohio. Customer expressly waives any right to a trial by jury in any litigation against Ziehler Lawn Care.
ATTORNEYS FEES. If litigation or arbitration is initiated against Ziehler Lawn Care by Customer in violation of the terms of this Agreement, or if Ziehler Lawn Care initiates litigation or arbitration against Customer to enforce Ziehler Lawn Care’s rights under the terms of this agreement, Customer agrees to pay Ziehler Lawn Care’s litigation / arbitration costs, including attorney fees, incurred in successfully enforcing the terms of this Agreement.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP. CUSTOMER AND ZIEHLER LAWN CARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT CONSENT TO THE CONSOLIDATION OF HIS OR HER CLAIMS WITH THE CLAIMS OF ANY OTHER CUSTOMER OR GROUP OF CUSTOMERS WITHOUT THE EXPRESS WRITTEN CONSENT OF ZIEHLER LAWN CARE.