Terms of Service - Avery Irrigation Services, Inc.
Effective Date: 05/01/2025
1.Introduction
Welcome to Avery Irrigation Services, Inc. ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our lawn irrigation services ("Services"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
2. Services Overview
Avery Irrigation Services, Inc. provides residential and commercial lawn irrigation installation, maintenance, and repair services ("Services"). Our Services include the design, installation, repair, and maintenance of irrigation systems for lawns, gardens, and landscapes, using high-quality materials and advanced technology to ensure efficient water usage and optimal plant health.
3. Use of the Services
Eligibility: You must be at least 18 years of age and capable of forming a binding contract under applicable law to use our Services.
Booking Services: To access our lawn irrigation services, you may be required to schedule an appointment through our website or by contacting us directly. You agree to provide accurate and complete information when booking our services and to keep this information up-to-date.
Customer Responsibilities: You agree to provide access to the areas to be irrigated and to ensure the safety and security of your property during the installation or maintenance of the irrigation system. You also agree to cooperate with our technicians to ensure proper installation or service, including marking any underground utilities or obstructions prior to service.
4. Customer Property and Content
Customer Property: Any personal property or equipment on your premises ("Customer Property") remains your sole responsibility. We are not liable for any damage to Customer Property unless caused directly by our negligence.
Customer-Supplied Content: If you provide any content, images, or descriptions (such as photos or instructions) to help guide our service, you retain full ownership of that content ("Customer Content"). You grant us a limited, non-exclusive license to use your Customer Content solely for the purpose of providing the requested Services.
Company Property: Any materials, equipment, or proprietary methods used during the performance of our Services, including but not limited to irrigation systems, components, and operational procedures, remain the property of Avery Irrigation Services, Inc. These are not to be copied, modified, or reproduced without our express written consent.
5. Payment Terms
The use of our Services requires payment of fees, which will be outlined prior to the booking of services. You agree to pay all fees associated with your service request in a timely manner. Payments are due upon completion of services unless otherwise specified. All payments are non-refundable unless otherwise agreed upon.
6. Service Scheduling and Cancellations
You agree to schedule services at a mutually agreed-upon time and location. We require 48 hours notice for cancellations or rescheduling. If you fail to cancel or reschedule within this time frame, you may be subject to a cancellation fee.
7. Limitations and Exclusions
Our lawn irrigation services are intended to install and maintain efficient irrigation systems. However, we are not responsible for:
Any pre-existing damage to your landscape, irrigation system, or other property prior to our service.
The performance of irrigation systems in conditions beyond our control, including but not limited to extreme weather, faulty utility lines, or soil conditions.
Damage caused by improper maintenance, misuse, or alterations to the irrigation system after installation.
You agree to disclose any sensitive or fragile areas on your property before service to avoid accidental damage.
8. Prohibited Uses
You may not use our Services for:
Any unlawful, harmful, or hazardous activities.
Any activities that could damage, harm, or negatively impact the surrounding property, water supply, or the irrigation system.
You are responsible for ensuring the safety of your property and any individuals around the areas being serviced.
9. Liability and Indemnification
Limitation of Liability: To the fullest extent permitted by law, Avery Irrigation Services, Inc. and its affiliates, officers, directors, employees, agents, and contractors will not be liable for any indirect, special, incidental, consequential, or punitive damages arising from your use of our Services, including, without limitation, any loss of profits, data, or business opportunities.In no event will our liability to you exceed the amount paid for the services in question during the 12 months preceding the claim.
Indemnification: You agree to indemnify, defend, and hold harmless Avery Irrigation Services, Inc., its affiliates, officers, directors, employees, and agents from any and all claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
Your use of our Services.
Any damage or injury that occurs on your property during our lawn irrigation services.
Your failure to comply with these Terms.
10. Safety and Environmental Considerations
We aim to ensure that all irrigation systems are installed and maintained with safety and environmental best practices in mind. We strive to use water-efficient systems and environmentally friendly components. However, you are responsible for ensuring that your irrigation system is suitable for your property’s water supply and landscape needs.
11. Maintenance and Warranty
We offer a [insert warranty period] warranty on our installation services and components. This warranty covers defects in workmanship or materials but does not extend to damage caused by misuse, neglect, or unauthorized alterations.Regular maintenance may be required to keep the system functioning optimally. We recommend scheduling periodic check-ups and performing maintenance as needed. You are responsible for maintaining the system after installation unless otherwise specified in a service agreement.
12. Dispute Resolution and Governing Law
These Terms will be governed by and construed in accordance with the laws of The State of Texas, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms will be resolved through binding arbitration in Tarrant County, Texas, and you agree to waive any right to a trial by jury.
13. Changes to Terms
We may modify or update these Terms at any time. If we make any material changes, we will notify you via email or through the website. Your continued use of our Services after any changes to these Terms will constitute your acceptance of the new Terms.
14. Miscellaneous
Entire Agreement: These Terms, along with any other legal notices published by us, constitute the entire agreement between you and Avery Irrigation Services, Inc.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without notice.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Avery Irrigation Services, Inc.
PO Box 1206, Keller, TX 76244
817-518-4355