Terms & Conditions

SERVICE AGREEMENT

Cutting Edge Services LLC

These Terms and Conditions govern all services provided by Cutting Edge Services LLC (“Company” or “Service Provider”) to clients (“Client” or “Customer”). By accepting a service quote or proposal, Client agrees to these terms.

Company Address: Cutting Edge Services LLC, 2901 Niagara St Unit 318, Sanborn, NY 14132

1. SERVICES SELECTED

Client hereby engages Company to provide the following services (check all that apply):

☐ Lawn Maintenance Services (Addendum A)

☐ Snow Plowing Services (Addendum B)

☐ Landscaping Services (Addendum C)

The specific terms, pricing, and service details for each selected service are set forth in the applicable Service Addendum(s) attached hereto and incorporated by reference.

2. PAYMENT TERMS

2.1 Payment Schedule

Payment terms are specified in each applicable Service Addendum. All invoices are due on the first (1st) day of each month unless otherwise specified in the Service Addendum.

2.2 Late Payments

Payments not received within fifteen (15) days of the due date will be subject to a monthly service charge of 1.5% as permitted by New York law. Company reserves the right to suspend services for any account more than thirty (30) days past due until payment is received in full.

2.3 Accepted Payment Methods

Company accepts payment by check, cash, credit card, or ACH transfer. Client is responsible for any returned check fees ($35 per returned item).

2.4 Lien Rights

Client acknowledges that Company reserves the right to file a mechanic’s lien against the property in accordance with New York State law for any unpaid balances related to landscaping or improvement services. For lawn maintenance and snow plowing services, Company may pursue collection through legal means including but not limited to small claims court or civil action.

2.5 Deposit Requirements

To secure scheduling and order necessary materials, Company requires deposits on certain services as follows:

2.5.1 Labor-Only Services

No deposit required

For services requiring primarily labor such as spring/fall cleanups, bush trimming, lawn restoration, or bed maintenance without materials, no deposit is required. However, cancellations within 48 hours of scheduled service may be subject to a cancellation fee to cover crew mobilization costs.

2.5.2 Material-Based Services

30% deposit of total project cost

For all services requiring materials including mulch, stone, gravel, pavers, plants, shrubs, trees, or other bulk materials, a 30% deposit is required. This deposit covers material ordering and scheduling. Once materials are ordered or delivered, the deposit becomes non-refundable.

2.5.3 Deposit Application and Refund Policy

All deposits are applied toward the final project balance. Deposits are non-refundable once:

(a) Work has commenced on the property;

(b) Materials have been ordered, delivered, or purchased;

If Client cancels more than 72 hours before the scheduled start date and no materials have been ordered, Company will refund the deposit in full with no administrative fees.

2.5.4 Repeat Customer Courtesy

Company may, at its sole discretion, waive or reduce deposit requirements for repeat customers with a history of timely payment and completed projects. This courtesy is not guaranteed and does not create an obligation for future projects.

3. CLIENT RESPONSIBILITIES

3.1 Property Access

Client agrees to provide Company with unobstructed access to the property for scheduled services. If Company arrives at the property and access is blocked, obstructed, or otherwise unavailable:

(a) For Lawn Maintenance: Client will still be charged the full scheduled service fee. Company is not obligated to return for a make-up visit at no charge.

(b) For Snow Plowing: Company will plow accessible areas only. If Client requests a return visit after vehicles or obstructions are moved, an additional service charge will apply as specified in Addendum B.

3.2 Property Preparation

Prior to each scheduled service, Client agrees to:

(a) Remove or secure all toys, lawn ornaments, hoses, sprinklers, pet waste, and other movable objects from the service area;

(b) Confine pets indoors or in a secure area away from the work zone;

(c) Mark or identify any underground utilities, irrigation systems, septic systems, invisible fencing, or other hidden fixtures;

(d) For snow plowing, ensure vehicles are removed from driveways and parking areas during anticipated snow events.

To protect your property and ensure safe service, Client is responsible for clearly marking all underground utilities, irrigation systems, septic systems, and invisible fencing prior to service. Company will make every effort to avoid visible obstacles and marked hazards. However, Company cannot be held liable for damage to unmarked, hidden, or improperly identified utilities, fixtures, or objects.

3.3 Notification of Issues

Client agrees to notify Company within forty-eight (48) hours of any service-related concerns or damage claims. Failure to provide timely notice may limit Company’s ability to investigate and remedy the issue.

4. WEATHER AND SERVICE DELAYS

4.1 Weather-Related Delays

Company’s service schedule is subject to weather conditions. Rain, extreme heat, frozen ground, or other adverse weather may delay scheduled services. Company will make reasonable efforts to complete services as weather permits.

4.2 Lawn Maintenance Rain Policy

If rain prevents Company from servicing a property on its regularly scheduled day, the following applies:

(a) Company will attempt to service the property on an alternative day within the same service week, schedule permitting;

(b) If consecutive rain days prevent make-up visits, the property may be skipped for that service week;

(c) Clients on flat monthly billing will still be charged the full monthly rate regardless of weather-related skipped visits, as monthly rates are calculated based on seasonal averages. The property will be serviced on its next regularly scheduled day.

4.3 Force Majeure

Company shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, severe weather, natural disasters, equipment failure, labor disputes, or government restrictions.

5. LIMITATION OF LIABILITY AND INDEMNIFICATION

5.1 Service Limitations

Company agrees to perform all services in a professional and workmanlike manner. However, Client acknowledges and agrees that:

(a) Company is not responsible for damage to unmarked, hidden, or improperly identified utilities, irrigation systems, invisible fencing, septic systems, or other subsurface installations;

(b) Company is not responsible for pre-existing damage to property, landscaping, or structures;

(c) Company is not responsible for damage caused by objects left in service areas that were not removed by Client as required in Section 3.2;

(d) For snow plowing services, Company will plow to remove accumulated snow. However, due to ice formation, refreezing, and weather conditions beyond Company’s control, bare pavement

cannot be guaranteed. Company is not liable for slip-and-fall accidents, ice-related injuries, or damage caused by refreezing, ice accumulation between services, or freeze-thaw cycles.

(e) For excavation, digging, or landscaping projects, Company is not responsible for unforeseen subsurface conditions including but not limited to tree stumps, roots, rocks, concrete, debris, or other buried materials. If such conditions are encountered, work may be paused and Client will be notified. Removal or remediation of subsurface obstacles will be billed as additional work at Company’s prevailing rates. Client authorizes Company to proceed with additional work up to $500 without prior approval; amounts exceeding $500 require Client authorization before proceeding.

5.2 Liability Cap

Company maintains general liability insurance to cover potential property damage. In the event of property damage directly caused by Company’s negligence, claims will be subject to Company’s insurance policy limits and standard deductibles. Company is not liable for consequential or indirect damages, including but not limited to lost business income, loss of use, or secondary property effects.

5.3 Client Indemnification

Client agrees to indemnify and hold harmless Company, its employees, and agents from any claims, damages, or liabilities arising from:

(a) Client’s failure to properly mark or identify underground utilities and hidden fixtures;

(b) Injuries to third parties on Client’s property unrelated to Company’s negligence;

6. INSURANCE

Company maintains general liability insurance coverage. Client acknowledges that they have been advised to maintain their own property insurance and to review their homeowner’s or commercial property insurance policies to ensure adequate coverage for property damage and liability.

7. TERM AND TERMINATION

7.1 Agreement Term

This Agreement shall commence on the Effective Date and shall remain in effect for the service period(s) specified in the applicable Service Addendum(s). Seasonal agreements (lawn maintenance, snow plowing) will automatically renew for subsequent seasons unless either party provides written notice of non-renewal as specified below.

7.2 Cancellation by Client

Client may cancel this Agreement under the following terms:

(a) Seasonal Services (Lawn Maintenance, Snow Plowing): Client must provide written notice at least thirty (30) days prior to the start of the service season. Cancellations made after the season has commenced will require payment for the full seasonal contract amount, minus any services not yet rendered.

(b) Landscaping Projects: Once a landscaping project has commenced, Client may not cancel without payment for all work completed to date, plus materials ordered or purchased. Deposits are non-refundable.

(c) Mid-Season Cancellation: If Client cancels any seasonal service after the season has begun, a cancellation fee equal to 15% of the remaining seasonal contract value will be assessed, in addition to payment for all services rendered.

7.3 Termination by Company

Company may terminate this Agreement immediately upon written notice if:

(a) Client fails to pay any invoice within thirty (30) days of the due date;

(b) Client repeatedly fails to provide property access or violates Section 3 (Client Responsibilities);

(d) Property conditions become unsafe or hazardous for Company personnel or equipment.

8. PROPERTY DOCUMENTATION

Company reserves the right to photograph Client’s property before, during, and after services for quality control, documentation, and marketing purposes. Client consents to such photography and acknowledges that Company may use these images for business purposes, including but not limited to promotional materials, website content, and social media, unless Client provides written notice requesting exclusion from marketing use.

9. DISPUTE RESOLUTION

In the event of any dispute arising under this Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation. If negotiation fails, the dispute shall be resolved in the courts of Niagara County, New York, and both parties consent to the jurisdiction and venue of such courts. The prevailing party in any legal action shall be entitled to recover reasonable attorney’s fees and costs.

10. GENERAL PROVISIONS

10.1 Entire Agreement

This Agreement, together with all attached Service Addendums, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral.

10.2 Amendments

No amendment or modification of this Agreement shall be valid unless made in writing and signed by both parties.

10.3 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.4 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

10.5 Assignment

Client may not assign this Agreement without the prior written consent of Company. Company may assign this Agreement to any successor or affiliated entity.

10.6 Notices

All notices required under this Agreement shall be in writing and delivered via email, certified mail, or hand delivery to the addresses listed above. Notices shall be deemed effective upon receipt.

11. SIGNATURES

By accepting a quote or proposal from Cutting Edge Services LLC, Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions and all applicable Service Addendums. Electronic acceptance via quote approval constitutes a binding agreement.

ADDENDUM A

LAWN MAINTENANCE SERVICES

This Addendum A is attached to and forms part of the Service Agreement between Cutting Edge Services LLC and Client dated _________________, 20____.

A.1 Service Season

Lawn maintenance services are provided seasonally from May 1st through October 31st of each year. Weather conditions may extend or shorten this season at Company’s discretion.

A.2 Services Included

Standard lawn maintenance services include:

(a) Grass mowing to appropriate height for grass type and season;

(b) String trimming around obstacles, fences, and edges;

(d) Removal of grass clippings from paved surfaces.

A.3 Service Frequency

Service Frequency: Weekly

Scheduled Service Day: ____________________

A.4 Pricing Structure

Select Pricing Model:

☐ RESIDENTIAL – Flat Monthly Rate

Monthly rate: $__________ per month

Client will be charged a consistent monthly fee for the duration of the service season. Invoices are due on the 1st of each month.

☐ COMMERCIAL – Flat Monthly Rate

Monthly rate: $__________ per month

Client will be charged a consistent monthly fee for the duration of the service season. Invoices are due on the 1st of each month.

A.5 Additional Services

The following services are available at additional cost upon request:

• Spring cleanup (debris removal, initial mowing)

• Fall cleanup (leaf removal, final mowing)

• Bed maintenance and mulching

A.6 Service-Specific Terms

A.6.1 Weather Delays and Skipped Visits

Company operates on a full weekly schedule. If rain or weather prevents service on Client’s scheduled day:

(a) Company will attempt to reschedule the visit within the same week if schedule capacity allows;

(b) If consecutive rain days prevent make-up visits during the service week, the property may be skipped for that week;

(c) Clients on flat monthly billing will not receive a credit or refund for weather-related skipped visits, as the monthly rate is calculated as a seasonal average. The property will resume normal service the following week.

A.6.2 Blocked Access

If Company arrives and access to the property is blocked or obstructed (locked gates, parked vehicles, etc.), Client will still be charged for the scheduled visit. Company is not obligated to return for a complimentary make-up visit.

A.6.3 Grass Height Limitations

Company’s equipment and pricing are based on regular weekly maintenance. If grass becomes excessively overgrown (generally exceeding 10 inches in height) due to Client cancellation, vacation, or other reasons, additional fees for extra labor and equipment wear may be assessed.

A.6.4 Automatic Renewal

This lawn maintenance agreement will automatically renew for subsequent seasons unless Client provides written notice of non-renewal at least thirty (30) days prior to May 1st. Pricing may be adjusted for renewed seasons with thirty (30) days advance notice.

CLIENT ACKNOWLEDGMENT:

Signature: ________________________________________ Date: ______________

ADDENDUM B

SNOW PLOWING SERVICES

This Addendum B is attached to and forms part of the Service Agreement between Cutting Edge Services LLC and Client dated _________________, 20____.

B.1 Service Season

Snow plowing services are provided seasonally from November 1st through April 1st of each year.

B.2 Service Triggers

Commercial Properties: Snow plowing services will commence when snowfall accumulation reaches 2 inches.

Residential Properties: Snow plowing services will commence when snowfall accumulation reaches 3 inches.

B.3 Seasonal Rate and Payment Terms

Select Property Type:

☐ RESIDENTIAL

Seasonal Rate: $__________ (November 1 – April 1)

Payment Terms: Full seasonal payment is due by October 31st prior to the start of the snow season. This seasonal rate covers all standard plowing services regardless of the number of snow events during the season.

☐ COMMERCIAL

Seasonal Rate: $__________ (November 1 – April 1)

Monthly Rate: $__________ per month (5 months: November – March)

Payment Terms: Client will be invoiced monthly. Invoices are due on the 1st of each month (November 1, December 1, January 1, February 1, March 1). The full seasonal contract amount will be paid in five equal installments.

B.4 Additional Services and Charges

The following services and situations will incur additional charges beyond the seasonal rate:

B.4.1 Salting Services

☐ Client requests salting services (billed per application)

Salting Rate: $__________ per application

Salt/ice melt applications are billed separately on a per-visit basis and are not included in the seasonal snow plowing rate.

B.4.2 Blocked Access Policy

If Company arrives to plow and access is blocked by parked vehicles or other obstructions:

Commercial Properties: Company will plow all accessible areas. During business hours, Company will clear lanes and accessible areas to the best extent possible. After business hours, Company will return to complete full clearing of the property at no additional charge.

Residential Properties: Company will plow all accessible areas. If Client requests Company to return after obstructions are removed, an additional callback charge of $__________ will apply.

Note: Commercial properties receive priority service with included callbacks to meet business operational needs. Residential callbacks are billed separately.

B.4.3 Municipal Plow Cleanup (Residential Only)

If municipal plows deposit snow at the end of the driveway or entrance after Company has completed service, residential clients may request a callback. Municipal plow cleanup callbacks will be charged at $__________ per occurrence. This charge does not apply to commercial properties where return service is included in the seasonal rate.

B.4.4 Windrow/Drift Removal (Residential Only)

If wind creates significant drifting or windrows after Company has completed service, residential clients may request additional plowing. Windrow/drift removal callbacks will be charged at $__________ per occurrence. This charge does not apply to commercial properties where return service is included in the seasonal rate.

B.4.5 Excessive Snowfall Surcharge

The seasonal rate is based on typical Western New York snowfall patterns (90-100 inches per season). In the rare event of an extreme winter, additional charges may apply for:

(a) Single storm events exceeding 12 inches: Additional $__________ per event

(b) Total seasonal snowfall exceeding 120 inches: Additional $__________ per inch over the threshold

These thresholds represent extreme weather events and occur infrequently. The 120-inch seasonal threshold provides a 20% buffer above normal snowfall. Single storms exceeding 12 inches typically occur once every 2-3 years. Most seasons will not trigger these surcharges.

B.4.6 Off-Site Snow Removal

If Client’s property lacks adequate space for snow storage and requests snow to be hauled off-site, additional charges of $__________ per load will apply. Client must request this service in advance.

B.5 Service Expectations and Limitations

B.5.1 Bare Pavement Not Guaranteed

Company will make reasonable efforts to clear snow from driveways, parking areas, and designated surfaces. However, bare pavement is not guaranteed. A thin layer of packed snow or ice may remain, particularly during freezing rain, sleet, or sub-zero temperatures.

B.5.2 Liability Disclaimer

Company is not responsible for:

(a) Slip-and-fall accidents, ice-related injuries, or any injuries occurring on Client’s property;

(b) Damage caused by refreezing, ice accumulation between plowing events, or freeze-thaw cycles;

(d) Damage to landscaping, lawn, gravel driveways, or other property features that may be obscured by snow.

Client assumes all responsibility for the safe use of plowed surfaces and acknowledges that winter conditions are inherently hazardous.

B.5.3 Service Priority

During major snow events, Company will prioritize properties based on contractual obligations and operational efficiency. Company does not guarantee specific arrival times but will make reasonable efforts to service all properties in a timely manner.

B.5.4 Property Preparation Requirements

Client must ensure the following prior to anticipated snow events:

(a) All vehicles must be removed from driveways and parking areas;

(b) Garbage cans, recycling bins, basketball hoops, and other movable objects must be removed from plow paths;

(c) Company will stake property boundaries, curbs, and obstacles at the beginning of the snow season. If new obstacles appear mid-season (new decorations, equipment, etc.), Client must notify Company or mark them clearly. Obstacles not moved by Client will be plowed around to the extent possible.

Company is not responsible for damage to unmarked obstacles or items left in plowing areas.

B.5.5 Automatic Renewal

This snow plowing agreement will automatically renew for subsequent seasons unless Client provides written notice of non-renewal at least thirty (30) days prior to November 1st. Pricing may be adjusted for renewed seasons with thirty (30) days advance notice.

CLIENT ACKNOWLEDGMENT:

Signature: ________________________________________ Date: ______________

ADDENDUM C

LANDSCAPING SERVICES

This Addendum C is attached to and forms part of the Service Agreement between Cutting Edge Services LLC and Client dated _________________, 20____.

C.1 Project-Based Services

Landscaping services are provided on a project-by-project basis. Each landscaping project requires a separate proposal, estimate, and scope of work, which shall be attached to this Addendum or incorporated by reference.

C.2 Scope of Work

Project Description:

_________________________________________________________________________

☐ Detailed proposal/estimate attached

☐ Project drawings/plans attached

C.3 Project Pricing

Total Project Cost: $__________

Labor: $__________

Materials: $__________

Other: $__________

C.4 Payment Terms

Select Payment Structure:

☐ RESIDENTIAL

Deposit Required: 30% of total project cost as specified in Section 2.5 (due upon signing to secure project scheduling)

Final Payment: Due upon project completion. Client will be invoiced upon substantial completion of the work.

☐ COMMERCIAL

Deposit Required: 30% of total project cost as specified in Section 2.5 (due upon signing to secure project scheduling)

Payment Terms: Net 30 days from invoice date. Invoice will be issued upon substantial completion of the project.

Note: Deposit requirements and refund policy are detailed in Section 2.5 of this Agreement.

C.5 Project Timeline

Estimated Start Date: __________________

Estimated Completion Date: __________________

Project timelines are estimates and may be affected by weather conditions, material availability, unforeseen site conditions, or other factors beyond Company’s control. Company will make reasonable efforts to notify Client of any significant delays.

C.6 Change Orders

Any changes to the scope of work, materials, or design after the project has commenced must be documented in writing via a Change Order signed by both parties. Additional work or upgraded materials will be billed at Company’s prevailing rates. Change Orders may affect the project timeline and total cost.

C.7 Weather-Related Delays

Landscaping work may be delayed due to rain, extreme heat, frozen ground, or other adverse weather conditions that make work unsafe or impractical. Company will reschedule work as weather permits. Client will not be charged for weather-related delays, but project timelines may be extended accordingly.

C.8 Client Responsibilities

Client agrees to:

(a) Provide clear access to work areas and designate parking areas for Company vehicles and equipment;

(b) Mark or identify all underground utilities, irrigation systems, septic systems, and other hidden installations prior to work commencing;

(c) Obtain any necessary permits or homeowner association approvals for the project (unless otherwise agreed in the proposal);

(d) Secure pets and ensure they are not in work areas during project execution.

C.9 Warranty and Guarantee

Company warrants that all work will be performed in a professional and workmanlike manner. Any defects in workmanship discovered within thirty (30) days of project completion will be corrected at no additional charge. This warranty does not cover plant material (which is subject to natural conditions beyond Company’s control), damage caused by Client or third parties, or issues arising from Client’s failure to properly maintain installed features.

C.10 Project-Specific Limitations

Company is not responsible for:

(a) Damage to unmarked utilities, irrigation lines, septic systems, invisible fencing, or other hidden installations;

(b) Pre-existing drainage issues, soil conditions, or property defects not identified during initial site assessment;

(c) Long-term survival or growth of plant material, which depends on factors including but not limited to weather, soil quality, drainage, Client maintenance, and environmental conditions;

(d) Municipal regulations, homeowner association violations, or permit issues arising from Client’s failure to obtain necessary approvals.

CLIENT ACKNOWLEDGMENT:

Signature: ________________________________________ Date: ______________

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