Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Hortus Tree & Landscape Services ("Company," "we," "our," or "us") governing your use of our website coloradospringstreetrimming.com (the "Website") and our tree care and landscaping services (the "Services").

By accessing our Website or engaging our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access the Website or use our Services.

Description of Services

Hortus Tree & Landscape Services provides professional tree care and landscaping services in Colorado Springs and surrounding areas, including but not limited to:

• Tree trimming and pruning
• Tree removal
• Stump grinding and removal
• Emergency tree services
• Landscape management
• Plant health care
• Arborist consultations

Service Estimates and Pricing

Free Estimates

We provide free, no-obligation estimates for our services. Estimates are based on visual inspection and information provided by the customer. The final price may vary if conditions differ from those observed during the estimate.

Pricing

• All prices quoted are in U.S. dollars.
• Estimates are valid for 30 days from the date provided, unless otherwise specified.
• Additional work discovered during the project will be communicated to the customer before proceeding, and additional charges may apply.
• We reserve the right to adjust pricing based on unforeseen circumstances, such as hazardous conditions, difficult access, or hidden defects in trees.

Payment Terms

• Payment is due upon completion of services unless other arrangements have been made in writing.
• We accept cash, check, and major credit cards.
• For larger projects, a deposit may be required before work begins.
• Late payments may be subject to a finance charge of 1.5% per month (18% annually) or the maximum rate permitted by Colorado law.

Scheduling and Cancellation

Scheduling

We schedule work based on availability and weather conditions. While we strive to complete work on the scheduled date, delays may occur due to:

• Inclement weather (rain, snow, high winds, lightning)
• Equipment issues
• Emergency service calls taking priority
• Unforeseen circumstances beyond our control

We will notify you as soon as possible if a reschedule is necessary.

Cancellation Policy

• Customers may cancel or reschedule with at least 24 hours' notice without penalty.
• Cancellations with less than 24 hours' notice may be subject to a cancellation fee.
• No-shows or same-day cancellations may result in forfeiture of any deposit paid.

Customer Responsibilities

By engaging our Services, you agree to:

• Property Access: Provide safe and clear access to the work area for our crew and equipment.
• Accurate Information: Provide accurate information about property boundaries, underground utilities, irrigation systems, and any other relevant property features.
• Utility Marking: For projects involving digging or stump grinding, call 811 (Colorado 811) to have underground utilities marked before work begins.
• Permits: Obtain any necessary permits or HOA approvals before work begins, unless otherwise agreed in writing.
• Pet and Child Safety: Ensure pets and children are kept away from the work area during service.
• Vehicle Removal: Move vehicles and personal property from the work area.
• Notification of Hazards: Inform us of any known hazards, such as bee/wasp nests, buried objects, or property hazards.

Property and Liability

Property Damage

We take every precaution to protect your property during our work. However, tree work inherently involves some risk. We are not responsible for:

• Pre-existing damage to lawns, landscaping, or structures
• Damage to underground utilities, irrigation systems, or septic systems not properly marked
• Normal wear to lawns from equipment access
• Damage caused by factors beyond our control (e.g., wind, falling debris from neighboring properties)

We carry comprehensive liability insurance and will address legitimate claims for damage caused by our negligence.

Limitation of Liability

To the maximum extent permitted by Colorado law:

• Our liability for any claim arising from our Services shall not exceed the total amount paid for those specific Services.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• We are not liable for damages resulting from customer's failure to follow our recommendations or warnings.

Insurance

Hortus Tree & Landscape Services maintains the following insurance coverage:

• General Liability Insurance
• Workers' Compensation Insurance
• Commercial Auto Insurance

Certificates of insurance are available upon request.

Warranty and Guarantees

Workmanship

We stand behind the quality of our work. If you are not satisfied with our services, please contact us within 7 days of service completion so we can address your concerns.

Tree Health Disclaimer

We do not guarantee the survival, health, or future condition of any tree. Trees are living organisms affected by many factors beyond our control, including weather, disease, pests, and environmental conditions. Our recommendations are based on professional assessment at the time of service.

No Warranty for Emergency Services

Emergency services are provided on an as-is basis to address immediate hazards. Due to the urgent nature of emergency work, standard warranties may not apply.

Intellectual Property

All content on our Website, including text, images, logos, graphics, and design, is the property of Hortus Tree & Landscape Services and is protected by copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission.

Website Use

Acceptable Use

You agree to use our Website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use of the Website.

Prohibited Activities

You may not:

• Attempt to gain unauthorized access to our Website or systems
• Use the Website to transmit malware, spam, or harmful content
• Scrape, copy, or reproduce Website content without permission
• Impersonate any person or entity
• Interfere with the proper functioning of the Website

Third-Party Links

Our Website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of these external sites.

Indemnification

You agree to indemnify, defend, and hold harmless Hortus Tree & Landscape Services, its owners, employees, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms
• Your violation of any law or rights of a third party
• Your negligence or misconduct
• Any inaccurate information you provide to us

Dispute Resolution

Informal Resolution

We encourage you to contact us first to resolve any disputes informally. Many issues can be resolved quickly through direct communication.

Governing Law

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

Jurisdiction

Any legal action or proceeding arising from these Terms or our Services shall be brought exclusively in the state or federal courts located in El Paso County, Colorado, and you consent to the personal jurisdiction of such courts.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, severe weather, fire, flood, pandemic, government actions, labor disputes, or supply chain disruptions.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any written service agreements or estimates, constitute the entire agreement between you and Hortus Tree & Landscape Services regarding our Services and Website.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our Website with an updated "Last Updated" date. Your continued use of our Website or Services after changes are posted constitutes acceptance of the modified Terms.

Contact Information

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