Terms of Service

Please read these terms carefully before using our services

1. Acceptance of Terms

By accessing or using Petalia Garden Space's services, website, or any applications (including mobile applications) made available by Petalia Garden Space (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms").

These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.

2. Services Provided

Petalia Garden Space provides garden design, landscape maintenance, plant selection, consultation, and related services ("Services"). The specific Services to be provided will be detailed in a separate written agreement or proposal.

We reserve the right to modify or discontinue, temporarily or permanently, the Services with or without notice.

3. User Responsibilities

As a user of our Services, you agree to:

  • Provide accurate, current, and complete information about yourself and your property as prompted by our registration forms or service requests
  • Maintain and promptly update your information to keep it accurate, current, and complete
  • Provide access to your property at agreed-upon times for service delivery
  • Inform us of any potential hazards on your property that might affect our staff or work
  • Obtain any necessary permissions or approvals from local authorities or homeowner associations

4. Payments and Billing

For our Services:

  • Payment terms will be specified in your service agreement or proposal
  • We may require a deposit before beginning work
  • Late payments may be subject to interest charges of 1.5% per month or the maximum allowed by law
  • You are responsible for any taxes associated with the Services
  • If payment is not received, we reserve the right to suspend or terminate Services

5. Cancellation and Refund Policy

Cancellation of scheduled Services must be made at least 48 hours in advance to avoid cancellation fees. For cancellations with less than 48 hours notice, a fee of 50% of the scheduled service cost may be charged.

Refunds for prepaid Services are handled on a case-by-case basis and are subject to our discretion. Generally, refunds are not provided for Services already rendered.

6. Intellectual Property

All designs, drawings, plant lists, and other materials created by Petalia Garden Space remain our intellectual property, even after payment has been made. We grant you a license to use these materials for your property only.

You may not reproduce, distribute, or use our designs for commercial purposes or on other properties without our written permission.

7. Limitation of Liability

Petalia Garden Space shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Any unauthorized access, use, or alteration of your transmissions or content
  • Events beyond our reasonable control, including weather conditions, acts of nature, or plant availability
In no event shall Petalia Garden Space's total liability to you for all damages, losses, or causes of action exceed the amount you have paid us in the last six (6) months.

8. Plant Guarantee

We guarantee plants installed by our team for 90 days from installation, provided that:

  • You follow our watering and care instructions
  • The plants receive adequate water and appropriate care
  • Damage is not caused by extreme weather conditions, animals, vandalism, or neglect

If a plant fails to thrive within this period, we will replace it once at no additional cost for the plant. Labor charges for replacement may apply.

9. Changes to Terms

We may modify these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the bottom of these Terms.

Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Services shall be resolved in the state or federal courts located in San Bernardino County, California.

11. Contact Information

If you have any questions about these Terms, please contact us at:

Petalia Garden Space
123 Garden Lane, Bloomington, CA 92316
Email: legal@petaliagarden.com
Phone: (555) 123-4567

Last Updated: January 1, 2023