Legal
Legal
Please read these Terms of Service ("Terms") carefully before using the website at yourhomepros.us (the "Site") or engaging the services of Design Build Landscapes MN LLC ("Design Build Landscapes MN," "Company," "we," "us," or "our"). By accessing the Site or engaging our services, you agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Site and our services.
These Terms constitute a legally binding agreement between you ("Client" or "User") and Design Build Landscapes MN LLC, a Connecticut limited liability company with its principal place of business at 6063 Hudson Rd, Woodbury, MN 55125. These Terms apply to all visitors, users, and clients of the Site and services.
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site. Your continued use of the Site or services following such posting constitutes your acceptance of the revised Terms.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
The Site and its entire contents, including but not limited to text, design documents, photography, illustrations, drawings, graphics, logos, and software ("Content"), are the exclusive property of Design Build Landscapes MN LLC and are protected by United States and international copyright, trademark, and intellectual property laws.
You may view and print pages from the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, or transmit any Content without our prior written consent.
Design Work: All concept drawings, planting plans, technical drawings, mood boards, and design documents prepared by Design Build Landscapes MN remain the intellectual property of the Company until full payment is received. Upon receipt of full payment, the client receives a non-exclusive licence to use the approved final design for the specified project only. Design documents may not be reused, modified, or shared with third parties without our written consent.
The following terms apply to all landscape design and construction services provided by Design Build Landscapes MN:
Proposals and Quotations: All proposals and quotations are valid for 30 days from the date of issue unless otherwise stated. Design Build Landscapes MN reserves the right to revise pricing after this period, particularly where material or labour costs have changed.
Commencement: Work commences upon receipt of a signed Letter of Engagement and the agreed deposit payment. No site work or procurement will begin prior to this.
Payment Terms: Standard payment terms are as follows: 30% deposit upon signing; 40% on commencement of on-site works; 25% on practical completion; 5% retention held for 3 months following completion. For maintenance retainer agreements, payment is due monthly in advance. All invoices are due within 14 days. Late payment will incur interest at 1.5% per month on the outstanding balance.
Variations: Any change to the agreed scope of work must be requested in writing and confirmed in a Variation Order signed by both parties before additional work is undertaken. Verbal instructions will not be acted upon.
Client Obligations: The client agrees to provide timely access to the property; to promptly review and approve designs and specifications; to inform Design Build Landscapes MN of any known site hazards, underground services, or restrictions; and to obtain all necessary planning permissions, permits, or approvals prior to the commencement of works.
All project timelines provided are estimates based on normal working conditions. Design Build Landscapes MN shall not be liable for delays caused by: adverse weather conditions; supply chain disruption; force majeure events; delays in client approvals; or any other circumstances beyond our reasonable control. We will communicate any material delays promptly.
Design Build Landscapes MN provides the following limited warranties:
These warranties do not affect your statutory rights.
To the maximum extent permitted by applicable law, Design Build Landscapes MN shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Site or our services.
Our total aggregate liability to you for any claim arising from or related to our services shall not exceed the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.
Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
You agree to indemnify, defend, and hold harmless Design Build Landscapes MN LLC, its members, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Site in violation of these Terms; (b) your breach of any representation or warranty; or (c) your provision of inaccurate information that causes us loss.
Design Build Landscapes MN reserves the right to photograph completed projects for portfolio, marketing, editorial, and award submission purposes. We will always seek your prior written consent before publishing photographs that identify your property address or reveal identifying personal information. You may withhold consent at any time, including after photography has been taken.
Both parties agree to treat as confidential any proprietary or sensitive information shared during the course of a project, including project budget, personal circumstances, and property details. This obligation survives termination of the engagement for a period of three years.
Either party may terminate the engagement with 30 days' written notice. Upon termination, the client shall pay for all work completed to the date of termination, including any materials procured and specialist fees committed. Design Build Landscapes MN will retain ownership of all design work until full outstanding payment is received.
We reserve the right to terminate a project immediately in the event of non-payment, abusive conduct toward our staff, or a material breach of these Terms.
These Terms are governed by and construed in accordance with the laws of the State of Connecticut, United States, without regard to conflict-of-law principles.
In the event of a dispute, the parties agree to first attempt resolution through good-faith mediation. If mediation fails, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Greenwich, Connecticut. The arbitrator's award shall be final and binding.
Notwithstanding the above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
These Terms, together with any signed Letter of Engagement, Variation Orders, and our Privacy Policy, constitute the entire agreement between you and Design Build Landscapes MN regarding our services and supersede all prior agreements, representations, and understandings.
If you have questions regarding these Terms, please contact us: