MASTER SERVICE AGREEMENT & FULL TERMS AND CONDITIONS

Cutting Edge Services LLC

2901 Niagara St Unit 318, Sanborn, NY 14132  |  [email protected]  |  (716) 930-3489

These Terms and Conditions govern services provided by Cutting Edge Services LLC (“Company”) to the party accepting an associated quote, proposal, work order, or change order (“Client”). By electronically approving a quote, Client accepts the approved quote and these Terms and Conditions.

1. AGREEMENT, SCOPE & AUTHORITY

1.1 Complete Agreement: The approved quote, selected line items, service descriptions, property address, maps, photographs, attachments, approved change orders, and these Terms and Conditions collectively form the agreement. Property-specific scope, pricing, dates, triggers, inclusions, and exclusions in the approved quote control over conflicting general language.

1.2 Selected Services Only: Company is responsible only for line items expressly selected and approved. Optional, recommended, declined, or unselected items are excluded.

1.3 Authority and Property Access: The person approving the quote represents that they have authority to bind Client and authorize access to the property. Client will provide safe, lawful, and reasonably unobstructed access during normal operating hours and service events.

1.4 Estimates and Site Conditions: Pricing is based on information reasonably available when quoted, including visible conditions, measurements, photographs, plans, and Client-provided information. Concealed conditions, inaccurate information, changed conditions, or work outside the approved scope may require a written change order or additional charge.

1.5 Subcontractors: Company may use qualified employees, subcontractors, suppliers, and equipment providers to perform or support the work while remaining responsible for the contracted scope.

2. BILLING, AUTOPAY & COLLECTION

2.1 Payment Method: Recurring clients must maintain a valid credit card or bank account on file unless the approved quote states otherwise. Company may charge approved recurring installments, completed per-visit services, authorized additional work, deposits, and final balances to the payment method on file.

2.2 Billing Schedule: Billing frequency, installment dates, deposits, and due dates are stated in the approved quote. Seasonal installments are payment arrangements for the total seasonal commitment and are not payments for individual visits.

2.3 Failed or Late Payment: If payment fails, Client must provide a valid payment method within forty-eight (48) hours after notice. Company may pause service while an account is delinquent. Amounts unpaid fifteen (15) days after the due date may incur a 1.5% monthly service charge, or the maximum permitted by law, whichever is less. Client is responsible for reasonable collection costs to the extent permitted by law.

2.4 Taxes and Fees: Client is responsible for applicable sales tax, disposal charges, permit fees, delivery charges, tolls, and other charges identified in the quote or required because of the approved work.

2.5 No Visit-Based Credits: Seasonal or flat-rate pricing reserves labor, equipment, routing, and capacity for the contract term. No credit or refund is due solely because weather, site conditions, drought, low snowfall, or other circumstances reduce the number of visits.

3. DEPOSITS, CHANGES & CANCELLATION

3.1 Deposits and Materials: Deposits are stated in the approved quote. Deposits become non-refundable once materials are ordered, custom items are committed, work begins, or cancellation occurs within seventy-two (72) hours of the scheduled start.

3.2 Change Orders: Work outside the approved scope requires written authorization, including approval by electronic message or Jobber change order. Emergency work reasonably necessary to protect persons, property, or completed work may be performed up to $500 without advance approval when Client cannot reasonably be reached.

3.3 Cancellation: Unless the quote states otherwise, Client must provide thirty (30) days’ written notice. Mid-term cancellation requires payment for completed work, committed materials, non-cancellable costs, any applicable multi-year discount adjustment, and 15% of the remaining contract value.

3.4 Company Termination: Company may suspend or terminate service for nonpayment, unsafe or abusive conditions, repeated access problems, material breach, illegal requests, or circumstances that make performance impractical. Client remains responsible for charges earned through termination.

4. GENERAL SERVICE OPERATIONS

4.1 Scheduling: Service dates and arrival windows are estimates unless expressly guaranteed in writing. Company may adjust routes because of weather, site conditions, emergencies, equipment issues, staffing, traffic, material availability, or operational needs.

4.2 Client Preparation: Before service, Client must remove vehicles, toys, hoses, decorations, portable signs, pet waste, furniture, and other movable items from work areas, and secure pets and gates. Delays, return trips, or extra cleanup caused by unprepared areas may be billed.

4.3 Hazards and Utilities: Client must disclose and clearly mark irrigation, invisible fences, private utilities, low-voltage wiring, septic components, drains, lighting, curbs, speed bumps, parking stops, and other concealed or fragile items. Company is not responsible for unmarked, concealed, deteriorated, improperly installed, or pre-existing conditions except to the extent caused by Company’s negligence.

4.4 Work Review and Notice: Client must report a service concern or claimed property damage promptly, preferably within forty-eight (48) hours after discovery, and provide reasonable access for inspection and correction. This notice request does not shorten any period that cannot legally be shortened.

4.5 Documentation: Company may use photographs, video, GPS data, timestamps, route records, service notes, measurements, and weather information to estimate, document, verify, or administer services.

5. LAWN MOWING & ROUTINE MAINTENANCE

5.1 Mowing Scope: Unless the quote states otherwise, mowing includes cutting accessible turf, routine trimming around accessible obstacles, and blowing loose clippings from paved service areas. Bagging, collection, haul-away, double cutting, brush cutting, and inaccessible areas are excluded unless selected.

5.2 Weather and Growth: Wet, saturated, drought-stressed, dormant, excessively dry, or unsafe turf may be delayed, skipped, or cut at an adjusted height. If rain or site conditions prevent service during the available route window, that visit may be skipped without a billing adjustment.

5.3 Excessive Growth: Grass or weeds materially taller or heavier than normal maintenance conditions, including growth caused by denied access, paused service, prior neglect, or missed Client obligations, may require an additional charge.

5.4 Turf Appearance: Company does not guarantee uniform color, density, weed control, striping, or freedom from clumping, scalping, disease, insects, drought effects, pet damage, hidden objects, or conditions outside the approved service scope.

6. LANDSCAPING, CLEANUPS & PLANT MATERIAL

6.1 Scope and Quantities: Material quantities and labor are based on estimated field conditions. Reasonable quantity adjustments may be required to complete the approved design or coverage. Material color, texture, size, and natural appearance may vary by supplier, quarry, season, and batch.

6.2 Underground and Concealed Conditions: Client must identify private utilities and authorize required utility locating before excavation. Public utility markings do not identify all private lines. Rock, roots, buried debris, undocumented utilities, poor soil, drainage conditions, or other concealed conditions are additional work.

6.3 Plants, Seed and Turf: Plant survival, seed germination, sod establishment, and turf recovery depend on watering, weather, soil, drainage, pets, disease, insects, and Client care. No plant, seed, sod, or turf warranty applies unless specifically stated in the approved quote. Client is responsible for watering and aftercare instructions.

6.4 Drainage and Water: Grading, drainage correction, and water-management work improves conditions only within the approved scope; Company does not guarantee elimination of standing water, flooding, erosion, icing, or water intrusion unless a specific written performance standard is included.

6.5 Cleanups and Disposal: Cleanup pricing is based on visible and reasonably anticipated debris. Hidden, frozen, compacted, excessive, hazardous, or illegally dumped material, and disposal outside the approved scope, may be billed additionally.

6.6 Permits and Approvals: Client is responsible for owner, association, municipal, and other approvals unless the quote assigns that responsibility to Company.

7. SNOW & ICE MANAGEMENT

7.1 Triggers and Selected Services: The approved quote controls the trigger depth and exact winter services. Parking-lot plowing, driveway plowing, sidewalk clearing, parking-lot deicing, sidewalk deicing, loader service, snow relocation, and hauling are separate unless expressly combined.

7.2 Active Storms: During active, prolonged, drifting, or high-rate snowfall, Company may perform open-up passes to maintain reasonable access. Final widening, detailed cleanup, parking-stall clearing, and municipal-plow windrow cleanup may occur after precipitation ends and conditions permit.

7.3 Deicing: Deicing is performed only when selected and according to the authorization method stated in the quote. Materials reduce risk but do not guarantee bare pavement or continuously ice-free conditions. Effectiveness varies with temperature, precipitation, traffic, drainage, and refreezing.

7.4 Access, Vehicles and Callbacks: Client must keep designated service areas reasonably clear. Company is not required to return for spaces blocked during service. Approved blocked-area callbacks are billed at the rate stated in the quote or Company’s current minimum service charge.

7.5 Snow Storage and Extreme Conditions: Client will approve snow-storage areas and restrictions. Heavy storms, seasonal accumulation, drifting, limited storage, or loss of site capacity may require surcharges, loader work, relocation, or hauling at rates stated in the quote or an approved change order.

7.6 Winter Risk Allocation: Company does not guarantee continuously snow-free or ice-free conditions, bare pavement, or prevention of black ice, drifting, refreezing, municipal-plow deposits, or precipitation between visits. Each party remains responsible for its own negligent acts or omissions to the extent required by law.

8. DAMAGE, WARRANTY & LIMITATIONS

8.1 Repair Opportunity: Before arranging third-party repair of claimed Company-caused damage, Client will provide Company a reasonable opportunity to inspect and, when appropriate, correct or repair the condition.

8.2 Ordinary Effects of Service: Normal operations may cause minor turf disturbance near pavement, gravel displacement, tire or equipment impressions, snow piles, temporary discoloration, dust, noise, or minor surface marking. Restoration is excluded unless specifically included or damage resulted from Company’s negligence.

8.3 No Implied Results: Except for any express written warranty in the approved quote, Company does not guarantee a particular aesthetic, biological, weather-related, drainage, or snow-and-ice result.

8.4 Force Majeure: Company is not liable for delay or nonperformance caused by severe weather, declared emergencies, road closures, utility failures, labor or material shortages, equipment failure despite reasonable maintenance, governmental action, or events beyond Company’s reasonable control.

9. PHOTOGRAPHS & MARKETING

9.1 Property Images: Company may photograph or record the property for estimating, documentation, training, and marketing. Client may opt out of marketing use by written notice. Operational records may still be retained.

10. LEGAL TERMS

10.1 Governing Law and Venue: This agreement is governed by the laws of the State of New York. To the extent permitted by law, any legal action arising from this agreement shall be brought in a court of competent jurisdiction located in Niagara County, New York.

10.2 Electronic Acceptance: Electronic approval, electronic signatures, and digital records have the same force and effect as original signatures to the extent permitted by law.

10.3 Attorney’s Fees: To the extent permitted by law, the prevailing party in a legal action may recover reasonable attorney’s fees and costs.

10.4 Severability and Waiver: If any provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision once is not a waiver of future enforcement.

10.5 Assignment: Client may not assign this agreement without Company’s written consent. Company may assign the agreement in connection with a sale, reorganization, or transfer of substantially all business assets, subject to continued performance of the contracted obligations.

10.6 Written Modifications: Changes to scope, price, timing, trigger, or authorization must be confirmed in an approved quote, change order, email, text message, or other written record.