Terms of Service

COMMERCIAL LANDSCAPE SERVICES AGREEMENT

Terms and Conditions

Client represents and warrants it is authorized to enter into this Agreement on behalf of the record owner(s), and Client will be responsible for all obligations under this Agreement regardless of ownership, and regardless of whether the record owner(s) sign this Agreement.

Poroscape LLC hereafter referred to as "Contractor" is an independent contractor and not an employee, partner, joint venturer, or agent of Client. NOW, THEREFORE, Client and Contractor mutually agree to the following terms and conditions:

Services.

For purposes of this Agreement: the “Services” consist of the landscape maintenance, installation, irrigation, and other general landscape services described under “Contract Services” and "A La Carte Services", together with delivery or installation of any associated goods and materials, and the “Jobsite” means the exterior landscaped areas of each jobsite identified above, where Services will be furnished by Contractor in accordance with the general landscape services described under “Contract Services” and "A La Carte Services".
During the Term (defined under "Contract Payment Summary"), Contractor shall furnish the Services or arrange for the Services to be furnished in a professional and workmanlike manner consistent with generally accepted industry standards and any local requirements or regulations in effect, using appropriately trained, uniformed, and supervised personnel, and properly maintained equipment. Contractor will perform a monthly visual inspection of the Jobsite and provide Client with a brief written update identifying observed issues and recommended Services. Recommendations may be subject to additional authorization and fees if outside the contracted scope.
All tools, equipment, surplus materials, landscape waste materials, and rubbish will be removed from the Jobsite as reasonably necessary.
Any pesticides/herbicides/fertilizers required to be applied as part of the Services shall be applied in accordance with applicable laws and regulations by properly licensed personnel. Other materials shall be applied in accordance with the manufacturer's directions.

Terms.

This Agreement is for a 12-month term beginning [03/01/26] and ending [03/01/27] (the “Term”). Contractor will send a 60-Day Renewal Notice with updated pricing/scope of services, and Client must approve and sign the renewal agreement by [03/01/26] the "sign by" date, or Contractor may be unable to guarantee uninterrupted service beyond the current term end date.

Past-due accounts. Contractor may decline renewal, require prepayment, and/or require updated payment authorization if any balance is past due or if there is a history of late payment.

Work Orders. If Client requests services from Contractor that are not set forth under “Contract Services” or “A La Carte Services,” or at a jobsite for which there is no attached “Contract Services” or “A La Carte Services,” then Contractor may, in its sole discretion, furnish such additional services and any related goods and materials pursuant to a written work authorization approved by Client (including email approval) (each, a “Work Order”). For services, goods, or materials furnished pursuant to a Work Order, payment shall be due from Client to Contractor as specified in the Work Order or, if unspecified, then due upon receipt of invoice. Contractor may require a deposit or prepayment for special-order materials.

Insurance.

During the Term, Contractor will maintain general liability, automobile liability, and workers’ compensation insurance as required by law (and, if not required, as carried by Contractor) covering its activities in connection with the Services and any Work Order. Such insurance shall be in commercially reasonable amounts. Evidence of such insurance will be provided to Client upon request.

Cooperation.

Client will cooperate with Contractor to facilitate the Services, and will permit or schedule adequate access to the Jobsite as required to perform the Services safely, effectively, and within any specified time frames. Client will notify Contractor in writing of any limitation on access to the Jobsite as soon as possible, and in any event at least forty-eight (48) hours prior to any scheduled performance of Services or delivery of goods or materials. Client will maintain safe access and notify Contractor of hazards (hidden irrigation components, wires, sharp debris, etc.). Client will mark or disclose private utilities, lines, septic systems, and any underground features not readily visible. Client must keep all pets and animals secured indoors or otherwise safely contained during scheduled service visits. Contractor is not responsible for delays, incomplete work, or rescheduled visits caused by unsecured pets. Client assumes responsibility for any pet-related incident or injury to pets arising from Client’s failure to secure them, except to the extent caused by Contractor’s gross negligence or willful misconduct. Additional trip charges may apply at Contractor’s then-current rates.
If required, Client will provide water with adequate spigots or hydrants or such other items as identified in the Contract Services and/or A La Carte Services.
Client shall provide written notice to Contractor of any proposed change in the ownership or management of the Jobsite at least 30 days prior to the effective date of any such change. A change in the ownership or management of the Jobsite shall not relieve Client of its obligation hereunder, including but not limited to the payment of the "Total (All Contracted Services)" and any amounts due to Contractor with respect to any Work Order, unless Client shall have given proper notice of termination pursuant to this Agreement. Each party will be responsible for claims arising from its own negligence or willful misconduct, to the extent permitted by law.

Service Fee.

For Services performed pursuant to this Agreement, Client shall pay Contractor an annual service fee (the “Total (All Contracted Services)”), for the amounts described under "Contract Services", subject to annual adjustments as described under the "Contract Payment Summary".

ACH on File Requirement. Client must maintain a valid ACH authorization on file with Contractor during the Term. Client may pay invoices by check or other approved methods, but Contractor may use the ACH authorization as a fallback for past-due, undisputed balances as described below. Failure to maintain a valid ACH authorization constitutes a material breach.

Monthly invoices will be dated the 1st of each month for which service is to be performed and payments are due no later than the 15th calendar day of each month. Client shall pay the Service Fee to Contractor in advance through monthly payments according to the "Contract Payment Summary". If no Contract Payment Summary is attached to this agreement or if the attached Contract Payment Summary does not specify the months and amounts due, then the Service Fee shall be payable in advance in twelve equal monthly installments, beginning in the month in which this Agreement is dated to start.

Late Charges. If an invoice is more than ten (10) days past due, Contractor may assess a one-time late fee of $50. Amounts that remain unpaid thirty (30) days after the due date will also accrue interest at 1.5% per month (or, if less, the maximum rate permitted by law), calculated on the unpaid balance until paid. In addition to these late charges, Client will reimburse Contractor for all reasonable costs of collection (including attorneys’ fees and court costs), to the extent permitted by law, incurred in collecting overdue amounts, Work Order Charges, and any applicable late fees and interest. Disputes will be handled via good-faith negotiation, and if not resolved, non-binding mediation, before litigation. Governing law: Texas. Venue: the state and federal courts located in Smith County, Texas.

ACH fallback policy (past-due). For commercial accounts that require invoice-based billing, Client agrees to maintain a valid ACH authorization on file as Contractor's fallback payment method for past-due balances. If an invoice becomes past due beyond the agreed terms and there is no active, documented billing dispute, Contractor may (after providing a past-due notice and a separate intent-to-draft notice identifying the invoice(s), total amount, and draft date) process an ACH draft on the stated draft date, provided Contractor has sent the intent-to-draft notice at least five (5) days prior to the draft date. Client may avoid the draft by paying in full before the draft date or by confirming a written payment date, and any billing dispute must be submitted in writing within the notice window; disputed amounts will be paused while reviewed, but undisputed past-due amounts may still be drafted. If an ACH draft is returned, declined, or blocked, Contractor may re-attempt payment once for the same invoices/amount after notice, and late fees may still be assessed under these terms.

ACH Authorization. Client authorizes Contractor to keep an ACH payment method on file and to initiate electronic debits from Client’s designated bank account for approved charges, including recurring autopay invoices and any past-due, undisputed balances, with notice provided as required under these Terms. Client’s ACH authorization remains in effect until revoked in writing, and revocation does not affect amounts already owed.

Note on ACH fallback: If a commercial invoice-based account is successfully paid via the authorized ACH fallback process (after proper notice), leadership may waive late fees at their discretion.

Past Due Notice. For any past-due invoice, Contractor will send a past-due notice when the invoice first becomes past due, and before any ACH draft is initiated.

Intent-To-Draft Notice. Contractor will send an intent-to-draft notice identifying the invoice(s) being collected, the total amount, the scheduled draft date, how to avoid the draft (pay immediately or confirm a written payment date), and where to submit dispute documentation if the invoice is believed to be incorrect.

Disputes.

If the Client disputes an invoice, they must provide the dispute in writing within the notice window (the period from the intent-to-draft notice through the draft date). Contractor pauses ACH fallback for the disputed amount while validating the dispute, but may still draft any undisputed past-due amounts.

Suspension for Non-Payment. Contractor may suspend service for accounts [30] days past due after written notice via email. Once Client has paid all past-due amounts, Contractor will notify Client by email and will resume services as scheduling and route availability permit. If service is suspended and the Jobsite becomes overgrown, the jobsite may require an additional clean-up fee, quoted in advance or billed time-and-materials at Contractor’s then-current rates.

The parties hereby acknowledge that, notwithstanding the Service Fee, the monthly installment plan, the Contract Services, and any Contract Payment Summary attached hereto, the types and frequency of services, goods, and materials furnished each month throughout the year may vary according to seasonal requirements and best horticultural practices. The monthly installment plan and Contract Payment Summary are implemented for Client's convenience of payment only and billings do not necessarily reflect the actual cost or value of Services performed during any particular month or other billing period. If Client terminates without at least 30 days’ prior written notice, Client will owe an early cancellation fee equal to one monthly installment. In addition, Contractor may perform a reconciliation from the most recent Anniversary Date through the termination effective date. Amounts paid during that period will be credited against the time-and-materials value of Services actually performed during that period (calculated using Contractor’s standard rates). Any positive difference is a “Shortfall” and is due upon invoice. Total charges due upon termination (including the early cancellation fee and any Shortfall) will not exceed the remaining installments that would have been payable through the end of the then-current term.
A Shortfall is not liquidated or other damages arising from a termination of the Agreement, but represents the portion of the charges for Services performed prior to but unpaid by Client as of the Termination Date. For the avoidance of doubt, in no event will a Shortfall invoiced to the Client exceed the total amount that would have been received by the Contractor had the terminated Agreement continued uninterrupted until the end of its then current term. To the fullest extent permitted by law, Contractor’s total liability arising out of or relating to this Agreement will not exceed the fees actually paid by Client to Contractor for Services in the three (3) months immediately preceding the event giving rise to the claim. In no event will Contractor be liable for indirect, incidental, special, or consequential damages.

Termination.

Either Contractor or Client may terminate this Agreement without cause upon thirty (30) days’ prior written email notice to the other party.
If either party materially breaches this Agreement and fails to cure the breach within thirty (30) days after receiving written email notice from the non-breaching party specifying the breach, the non-breaching party may terminate this Agreement immediately by written email notice.
Without limiting the foregoing, if Client fails to timely pay any Service Fees or Work Order Charges and such amounts remain unpaid for thirty (30) days after the applicable due date, Contractor may, in its sole discretion, suspend, reschedule, or discontinue Services and/or terminate this Agreement upon written notice to Client.
Either Contractor or Client may terminate this Agreement immediately upon written email notice if the other party makes an assignment for the benefit of creditors, becomes the subject of a bankruptcy petition (voluntary or involuntary), or has all or substantially all of its assets levied upon or ordered sold in a judicial proceeding.

General Provisions.

Contractor will at all times perform the Services and any Work Order in accordance with all applicable workplace safety requirements and standards promulgated by federal and local authorities. Contractor will not at any time provide safety evaluation, inspection, or consulting services under this Agreement or any Work Order for the benefit of Client or any third party and, consequently, Client shall not rely on Contractor to provide such safety-related services at any time. Further, Contractor does not and will not at any time provide representations, warranties, or assurances as to the safety (or lack thereof) of any Jobsite or Work Order site with respect to periods before, during, or after Services are performed or Work Order services are performed and, consequently, Client shall not rely on Contractor to provide any such assurances at any time.
This Agreement will be governed by the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that any legal proceeding arising out of or relating to this Agreement will be brought exclusively in the state or federal courts located in Smith County, Texas.
Neither party may assign this Agreement without the prior written consent (including email) of the other party. This Agreement is binding on, and inures to the benefit of, the parties hereto (including the record owner of the Jobsite if other than Client) and their respective heirs, legal representatives, successors and assigns.
This Agreement, together with any attached Contract Payment Summary, attached Contract Services, Work Order, hereunder, and any other schedules and exhibits attached hereto, constitute the entire agreement of the parties with respect to the Services and Work Orders and supersedes all prior contracts or agreements with respect to the Services or Work Orders, whether oral or written.
Contractor and Client agree to all of the terms and conditions set forth in this Agreement, including any schedules and exhibits attached hereto, as of the date first set forth above. Company policies and Terms and Conditions may be updated from time to time. The most current version is available at [https://www.poroscape.com/terms-of-service]. Updates apply only to services scheduled or performed after the effective date of the updated version.
Notices (email counts as written notice). “All notices, requests, consents, and other communications required or permitted under this Agreement (each, a ‘Notice’) must be in writing. Notices may be delivered by email to the email address provided by each party and kept on file with the Company (or to any updated email address provided in writing). Notices sent by email will be deemed given when transmitted, provided the sender does not receive an automated message or other notice that delivery failed.
The Waiver by Client or Contractor of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach by Client or Contractor of such provision or any other provision.
Contractor’s total liability for any losses, damages, and expenses of any type whatsoever incurred by Client or any of its affiliates, guests, tenants, invitees, and lessees (“Losses”) that are caused by Contractor’s wrongful acts or omissions in connection with the Services or any Work Order will be limited to proven direct and actual damages, in an aggregate amount not to exceed the fees actually paid by Client to Contractor for Services in the three (3) months immediately preceding the event giving rise to the claim. In no event will Contractor be liable for special, indirect, incidental, or consequential damages irrespective of the form or cause of action, in contract, tort or otherwise, whether or not the possibility of such damages has been disclosed to Contractor in advance or could have been reasonably foreseen by Contractor. Further, Contractor shall not be liable for any Losses resulting from the provision of Services or performance of any Work Order hereunder to the extent such Losses are due to causes or conditions beyond Contractor’s reasonable control, including but not limited to Losses in any way related to or associated with state or local water regulations or mandates or Contractor’s compliance or good faith efforts to comply with such regulations or mandates. Contractor shall not be liable for any failure, deficiency, or damage arising from the services of any third-party contractor not approved by Contractor, including any third party engaged by Client without prior notice to or written approval from Contractor.
Contractor's performance will be excused to the extent Contractor is unable to perform as a result of accidents, acts of God, extreme weather conditions, inability to secure labor and/or materials, fire, regulations or restrictions imposed by any government or governmental agency, or other delays or failure of performance beyond the commercially reasonable control of Contractor. For purposes of this Agreement, the parties agree specifically that water conservation regulations or guidelines are specifically included within the above referenced regulations or restrictions.
Contractor shall not be liable for any failure to perform as a direct or indirect result of Contractor’s compliance with or good faith efforts to comply with state or local water regulations or mandates. Contractor's performance will be excused to the extent Contractor is unable to perform as a result of locked gates, vehicles that are blocking access ways, or any other area to be serviced that is inaccessible to Contractor during service visits. If such issues have not been corrected before the next scheduled service visit, Contractor reserves the right to request additional compensation to service the affected areas. Client is to notify all tenants (if applicable) to keep property accessible to Contractor while service visits are being performed. Contractor does not assume the responsibility of handling or communicating issues directly with tenants. It is Client's sole responsibility. Contractor is not responsible for unmarked or improperly installed private utilities/irrigation. If damage occurs, Contractor will notify Client promptly and coordinate next steps.
Unless otherwise indicated, debris cleanup does not include the cleanup of excessive amounts of trash, pet waste, trash cans, parking lots, or parking structures, nor does it include the cleanup of debris and trash caused by vandalism, dumping, improperly contained dumpsters, or acts of God. Contractor reserves the right to bypass areas that are excessively covered in trash. It is the responsibility of Client and its representatives to address such issues so that scheduled service can resume. If issues with waste have not been resolved in a timely manner, Contractor reserves the right to bill a cleanup fee in order to get the turf or affected area of the property back up to standard. Contractor shall not be responsible for policing, picking up, removing, or disposing of certain materials that may be considered bio-hazards on the Client's property. This includes, but is not limited to, items such as hypodermic needles, condoms, feminine hygiene products, clothing or materials used in the process of cleaning up bodily fluids, or infant diapers. Contractor's employees will not handle any of these items at any time. If these bio-hazard items are present, the turf or affected area will not be serviced until the items have been removed or the area has been cleaned by Client or its representatives.
Contractor reserves the right to bill separately from this agreement for excessive landscape debris cleanup as reasonably determined by Contractor (i.e. resulting from storms, other contractors, Client's representatives).
Client and Contractor agree that Contractor will be advised of new requests, given information regarding changes or amendments requested in addition to this Agreement, in fact all correspondence between Contractor and Client will be conducted by one primary contact who will be listed on file with Contractor. Contractor may rely on instructions from the designated contact, and is not responsible for unauthorized requests.

Acceptance of Work.

The Client has inspected the landscape project. The Client has delivered to the Contractor a written list of all items the Client believes have not been properly constructed or are not in proper condition. Except as noted on this list, the Client accepts the landscape as is, and acknowledges that Client has no further claim against the Contractor for any item that was not listed that could reasonably have been ascertained or observed during the Client's inspection. This acceptance does not waive claims for conditions that were not reasonably discoverable during the inspection (latent defects), or for warranty claims expressly provided in the contract documents. The Client has no objections as to color, appearance, type or brand of materials, dimension or size, location, or any other conditions that could reasonably have been discovered by the Client during the inspection.
The Client understands that no warranties are being made by the Contractor except those appearing in the contract documents. The Client is not relying on any representations, promises, or warranties except for the written limited warranty that appears in the contract documents.
Contractor does not guarantee plant health, turf outcomes, or weed-free conditions due to variables outside Contractor's control (weather, irrigation performance, pests, soil conditions, foot traffic).
Contractor is not responsible for pre-existing damage, declining plant material, pest issues, or irrigation failures not caused by Contractor negligence.
The Client acknowledges receipt from the Contractor of all documents to which the Client is entitled.
Each provision of this certificate is separate and severable from every other provision. If any single provision is declared invalid or unenforceable, the Client and the Contractor understand that all the other provisions will be valid and enforceable.
Client’s acceptance of the Work is confirmed by Client’s signature on the Agreement/Work Order.

Procedure for Extra Work and Changes.

If Client requests work outside the Contract Services or A La Carte Services, Contractor will perform such extra work only upon Client approval, and such work will be billed time-and-materials (or as otherwise quoted). All changes to Work or pricing or the terms of this Agreement will be read and understood within the context and meanings of this Agreement unless stated explicitly to the contrary. Extras are due upon receipt of the invoice. Significant changes (storm damage, unusual growth, site changes, restricted access) may require a Work Order or amended pricing. Emergency response is [not included] in the contract and will be considered À la carte.

Work Order: Any Contract change in scope in excess of one thousand dollars ($1,000.00) requires a Contract Work Order under which Work is to proceed. Work will not commence under a Work Order unless with written Client approval (email).

For Changes in scope of less than one thousand dollars ($1,000.00), the Contractor will provide the Client notification by way of its Progress Report. In either instance, such notification shall be plain and clear in terms of scope and reason. Contractor may maintain supporting documentation (including emails, notes of calls, or meeting notes) relating to any change in scope.

By signing this Agreement in the space provided below, the undersigned Client signatory hereby represents and confirms that it has full power and authority to enter into this Agreement on its own behalf and on behalf of the record owner of each Jobsite, and this Agreement is a legally binding obligation of the undersigned and the record owner of each Jobsite.

Residential Landscape Services Agreement

This Residential Landscape Services Agreement ("Agreement") is between Poroscape LLC ("Contractor") and ("Client").

1) Services (Scope)

For purposes of this Agreement: the “Services” consist of the landscape maintenance, installation, irrigation, and other general landscape services described under “Contract Services” and "A La Carte Services", together with delivery or installation of any associated goods and materials, and the “Jobsite” means the exterior landscaped areas of each jobsite identified above, where Services will be furnished by Contractor in accordance with the general landscape services described under “Contract Services” and "A La Carte Services".

2) Standard of Work and Scheduling

Contractor will perform Services in a professional manner consistent with applicable horticultural standards and local regulations. Client understands visit counts are annual targets, and scheduling may vary by season, weather, and turf growth.

3) Access, Obstacles, and Client Responsibilities

Client is solely responsible for ensuring Contractor has safe, unobstructed access to all areas to be maintained on each service visit, including but not limited to gates being unlocked, vehicles moved, pathways and work areas kept clear, and pets secured.

Client also agrees to:

Remove or clearly identify hazards and items in service areas (toys, furniture, hoses, cords/wires, decorations, and similar items)
Remove pet waste from areas to be serviced
Disclose and, where possible, mark private utilities and underground features (irrigation lines/heads, landscape lighting/wiring, drain lines, septic systems, invisible fences, low-voltage wiring, cables, and similar)

If access is restricted for any reason (including locked gates, blocked pathways, parked vehicles, tenant activity, or other obstacles), Contractor is excused from performing Services in the inaccessible areas for that visit. Contractor is not required to return to complete missed areas unless scheduled, and additional trip charges may apply.

Client is responsible for removing excess trash and debris not generated by Contractor, especially items resulting from Client, tenants, guests, or third parties. Contractor is not responsible for picking up or disposing of such trash/debris as part of routine service. If the Jobsite is excessively littered, obstructed, or overgrown due to missed access or other conditions outside Contractor’s control, Contractor may charge an additional cleanup fee (quoted or time-and-materials) to restore the property to a maintainable condition once access is restored.

4) Irrigation and Turf and Plant Expectations (if applicable)

Client is responsible for adequate irrigation coverage and runtime, and compliance with local watering restrictions. Contractor does not guarantee weed-free conditions, perfect turf, or plant health. Results depend on factors outside Contractor control (weather, irrigation performance, soil, shade, traffic, pests/disease, prior conditions, mowing practices).

5) Out-of-Scope Work and Approvals

Work not included in Exhibits A/B is additional and requires written approval (text/email is OK) before work begins. Additional work is billed as quoted, or time-and-materials if agreed upon in writing.

6) Cleanup

Contractor will remove and dispose of debris generated by Contractor as part of the included routine Services (for example, typical grass clippings and light landscape debris from pruning and bed maintenance).

The following are not included and require separate written approval (text/email is OK) and will be billed additionally (quoted or time-and-materials as agreed):

Storm cleanup (downed limbs, heavy leaf drop, post-wind or ice events)
Heavy debris removal or haul-off that exceeds routine service volume (large piles, bagging beyond normal, repeated extra haul-offs)
Land clearing or brush removal beyond typical pruning (saplings, brush piles, overgrown areas requiring cut-back and hauling)
Major cleanups after prolonged missed service, access issues, or overgrowth (including "one-time reset" visits)
Dumpster fees, dump fees, or special disposal fees, if required

If Contractor encounters conditions that require separate cleanup approval, Contractor will notify Client and may pause that portion of work until approval is received.

7) Term; Renewal

This is a 12-month annual agreement starting [Start Date] and ending [End Date, 12 months later] ("Term"). Contractor will send a 60-Day Renewal Notice with updated pricing/scope. Client must approve and sign the renewal by [03/01/26] the "sign by" date, or Contractor may be unable to guarantee uninterrupted service beyond the Term.

Past-due accounts. Contractor may decline renewal, require prepayment, and/or require updated payment authorization if any balance is past due or there is a history of late payment.

8) Price, Invoicing, and Autopay

Client agrees to pay the Annual Service Fee billed monthly.

Invoices are dated the 15th of each month and are due upon receipt.
Client authorizes autopay via [credit card/ACH] on file (Client may choose either option).

Credit Card on File Requirement (if selected). Client must maintain a valid credit card on file during the Term. Failure to maintain a valid card on file is a material breach.

Credit Card Authorization. Client authorizes Contractor to keep the card on file and initiate charges for approved amounts, including recurring autopay invoices and any past-due, undisputed balances, with notice as required under these Terms.

ACH on File Requirement (if selected). Client must maintain a valid ACH authorization on file during the Term. Failure to maintain valid ACH authorization is a material breach.

ACH Authorization. Client authorizes Contractor to keep ACH on file and initiate debits for approved amounts, including recurring autopay invoices and any past-due, undisputed balances, with notice as required under these Terms.

Past Due Notice

For any past-due invoice, Contractor will send a past-due notice when the invoice first becomes past due, and before any draft is initiated.

Intent-To-Draft Notice

Contractor will send an intent-to-draft notice identifying the invoice(s) being collected, the total amount, the scheduled draft date, how to avoid the draft (pay immediately or confirm a written payment date), and where to submit dispute documentation if the invoice is believed to be incorrect. Contractor will send the intent-to-draft notice at least five (5) days prior to the draft date.

Disputes (Notice Window)

If the Client disputes an invoice, they must provide the dispute in writing within the notice window (the period from the intent-to-draft notice through the draft date). Contractor pauses drafting for the disputed amount while validating the dispute, but may still draft any undisputed past-due amounts.

9) Late Fee; Suspension for Non-Payment

If an invoice is 10+ days past due, a $50 late fee may be applied. Contractor may suspend service for accounts 30 days past due after written notice. If suspension causes overgrowth, an additional cleanup fee may apply to return the Jobsite to standard. Client agrees to reimburse reasonable collection costs (including attorney’s fees and court costs) incurred to collect overdue amounts.

10) Early Cancellation (Annual Commitment)

The parties acknowledge that, notwithstanding the Annual Service Fee and the monthly installment plan, the types and frequency of services, goods, and materials furnished each month throughout the year may vary according to seasonal requirements and best horticultural practices. The monthly installment plan is implemented for Client's convenience of payment only and billings do not necessarily reflect the actual cost or value of Services performed during any particular month or other billing period.

If Client terminates without at least 30 days’ prior written notice, Client will owe an early cancellation fee equal to one monthly installment. In addition, Contractor may perform a reconciliation from the start of the Term through the termination effective date. Amounts paid during that period will be credited against the time-and-materials value of Services actually performed during that period (calculated using Contractor’s standard rates). Any positive difference is a "Shortfall" and is due upon invoice. Total charges due upon termination (including the early cancellation fee and any Shortfall) will not exceed the remaining installments that would have been payable through the end of the then-current term.

A Shortfall is not liquidated or other damages arising from a termination of the Agreement, but represents the portion of the charges for Services performed prior to but unpaid by Client as of the termination date. For the avoidance of doubt, in no event will a Shortfall invoiced to the Client exceed the total amount that would have been received by the Contractor had the terminated Agreement continued uninterrupted until the end of its then-current term.

11) Limitations; No Guarantees; Liability Cap

Contractor is not responsible for pre-existing damage, declining plant material, pest issues, or irrigation failures not caused by Contractor negligence. To the fullest extent permitted by law, Contractor’s total liability arising out of this Agreement is limited to proven direct damages and will not exceed the amounts actually paid to Contractor under this Agreement. Contractor will not be liable for indirect, incidental, special, or consequential damages.

12) Delays Beyond Control

Contractor’s performance is excused for events beyond reasonable control including extreme weather, acts of God, labor/material shortages, government restrictions (including water restrictions), or lack of access.

13) Legal

Governing law: Texas. Venue: Smith County, Texas. This Agreement may be modified only in writing signed by both parties.

Authority to sign. By signing, Client represents they have authority to enter this Agreement on behalf of the owner of the Jobsite, and this Agreement is binding on Client and the record owner.

How to Contact Us

If you have any general questions about the Site or the information listed in our terms of service, please contact us using the contact information shown on our Site.

Last Modified February 2026

POROSCAPE