Terms of Service

Edited last on 1/25/23

Description of Services

Basic Lawn Maintenance Service:

During each visit as needed, we will:

  • Mow lawn turf areas (as needed) and mulch lawn clippings on site.
    • Bagging of clippings is not included in the basic service. It is better for the lawn to have the clippings recycled into the lawn.
  • Trim/shape shrubs as needed.
    • Yearly pruning shrubs, grasses, and trees to enable healthy growth and blooms in the spring.This post is sponsored by our partners Wigs
  • String trim turf areas  inaccessible to the mower (around trees, mail boxes, mulch beds, along fence, etc.).
    • We use spray around wires and up close to fences and vinyl siding.
  • A bladed edger will be used on sidewalk, drive, and curbs.
  • A bladed edger or a string trimmer will be used on the landscape beds.
  • Air-sweep hard surfaces.
  • Pull and/or spray weeds in landscape beds as needed

When the grass is dormant in the Fall/Winter/Early Spring, we have time to work on items that we do not have time to do during Spring/Summer. During these months, we thin and limb up shrubs, remove deadwood, 

Turf issues

The crew is not qualified to diagnose certain problems with your yard, for example pH, insect, fungus, or even irrigation issues (as we do not have licensing in any of these areas. We will take pictures and report anything they see to the office. If you notice a potential problem, such as yellowing or brown spots, email mike@cutabovelandscapingnc.com, and someone will come, determine the problem and cure, then estimate the cost, if applicable.

Remove lawn debris

  • Removal of lawn debris is included as part of your routine maintenance service. Lawn debris includes anything left behind by Mother Nature (sticks, leaves, misplaced ground cover, etc.). PLEASE NOTE: Items not included in our definition of lawn debris are man-made trash items — newspaper, packing peanuts, Styrofoam, plastic bottles, paper cups, etc., we are not a trash company.
  • Removal of fallen branches or storm cleanup is not included in our basic service. We will contact you with a price to clean up debris before we are able to complete a service.
  • Debris from work not done by A Cut Above will be picked up and there will possibly be an extra charge, i.e. tree/shrub trimmings, flower bed debris, raked leaves left in a pile, etc. If we create the debris, we will remove it from your property. Depending on whether or not we already have taken a large amount of debris already, will depend on how much room we have and how much we have already removed. We will take away up to 1 trash can per visit.
  • Larger amounts of lawn debris (e.g., tree limbs) caused by inclement weather, or brush piles collected by the Client as a result of your own yard work efforts may require an extraneous charge for removal. Removal requests must be made directly to the office, and the pile will need to be viewed in person or by photos and priced before any removal can take place. Please do not approach our crew and insist that they do this as a part of your regular maintenance routine. They do not have appropriate room on their trucks to accommodate these requests, nor are they to be held responsible for doing work outside the realm of regular routine maintenance.

Not included and subject to additional charges:

  • Pick up toys or items lying on turf.
  • Renewal pruning
  • Pruning trees
  • Mulch and/or pine straw
  • Storm Cleanup or first time leaf cleanup
  • Irrigation checks or adjustments
  • Chemical Program: Fertilizer, herbicide, insecticide, fungicide, pre-emergent for turf

What to expect

Estimates

Our estimates are valid for 30 days. To be placed on our schedule after you receive your estimate, please follow the link and click ACCEPT. We will receive an email letting us know that you would like to move forward. We will give you a rough estimate of how long it will take but it may take more time if we experience weather delays. Unless you have to be there when we do the work, we will not be scheduling a particular day with you. Please communicate if you have any other work scheduled that would conflict with this timing like installation of gutters, shutters, cabinets, windows, roof repair, etc. (any other project that would either have another vehicle parked in front of your property or materials spread all over the lawn). If we pull up and the above work is being done, your project will be postponed.

With this rapidly changing economy, estimate prices are subject to change at the time of delivery. A Cut Above Landscaping LLC reserves the right to make any corrections to prices quoted due to clerical errors or errors of omission. In the event of any specific requirements (including without limitation any design, specification, ordered quantity, or shipment changes) representing a price increase, the Customer will be notified and afforded an opportunity to confirm.

Clear Presentation

For first-time cleanups, we draw on the photos we took of your home and upload them to a shared Google Photo album, There is the URL address in the estimate, a link in the email that goes along with the estimate, and we can text this link upon request. We feel that this gives you a very comprehensive description of the work we are offering to do for the amount of your estimate. If you do not receive a link to these photos, please just ask. Photos speak 1,000 words.

Timing

We strive to call every customer back and email every customer back within a 2 business day window. We have a zero inbox policy which means that every email we receive gets an answer. We prefer to use email as it is easier to keep track of conversations and nothing gets lost or forgotten.

Rain or drought information

Due to weather and conditions beyond our control from time to time, your mowing service may be off schedule. In the event of record rainfall that keeps our crews from safely and effectively visiting properties, service days may be missed entirely. We will do all that is necessary to get your property back up to excellent condition.

  • Our schedules are pushed so you may not be on the same day following heavy rain. Our crews continue to work until all possible yards are done. (We do NOT work on Saturday or Sunday). Those that are not done will be rescheduled for the following week. Sometimes there is light rain and we can continue to work. If after heavy rain, you think that your yard is too wet to cut, please email us. This is a decision that the crew will not always make to your satisfaction. The same is true of drought conditions. If you do not notify us, the crew leader will make that determination.
  • If you have asked to be off the schedule for an extended time and request to be put back on schedule, there may be an extra charge to get your lawn back in maintenance condition, if we have room in the schedule.

Inaccessible yards

Once the service team arrives we begin our systematic approach to servicing your lawn. In order to provide timely, efficient, and dependable service WE DO NOT CALL OR KNOCK on the door if a yard is inaccessible. We do not offer credits or makeup visits for missed areas due to inaccessible yards which include, but are not limited to locked gates, broken gates, ongoing projects, moving vans, too many parked cars, pets outside, outdoor parties, irrigation running, construction material, or workmen in a yard. You accept our service with these terms.

Automatic sprinklers / Irrigation systems

We ask you not to water the night before or the day of your scheduled service. The cut will not be satisfactory — grass blades lay down when wet and blowing off debris is almost impossible.

General Office Policies

Scheduling

  1. Our office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday.
  2. All schedule changes are or requests should be made through emailing us at mike@cutabovelandscapingnc.com or by logging onto the client portal and requesting additional work.
  3. In order for us to guarantee a schedule change, i.e. skip service, to get service or add extra services, you MUST email before 5:00 p.m. 24 hours prior to your regular service day. (If your lawn is serviced on Mondays you will need to email us by Friday before 5:00 p.m.). If the email is not received to skip the day of the service and the crew shows up at your lawn, you will be charged (we will take the weather into consideration).

Holidays

We observe national holidays and yards will be done a day earlier or later in the week. The following holidays are observed by A Cut Above Landscaping LLC: Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas, New Year’s Eve, and New Year’s Day. We will attempt to get all properties serviced before the holiday.

Economic Surcharge

As all of our equipment we need to service your property run on gas, and the vehicles to get the equipment to you, we are greatly affected by the cost of fuel. If fuel costs can be reduced by creating a more efficient route, your service day may be affected rather than increasing our prices. Fuel surcharges may apply as fuel rates fluctuate.

Due to economic increases in supplies, equipment, fuel, and labor expenses, we reserve the right to include an economic surcharge on invoices as a line item to offset inflationary costs. You will be notified 30 days before adding or adjusting surcharges. We will decrease or increase this amount as the economy improves or declines.

Communication, changes, and complaints

Please make all communications, changes to service, or complaints in writing to the office at mike@cutabovelandscapingnc.com and not to the service team. There is a possibility that the crew leader may forget, be off the next day, or misunderstand the information. Contacting the office directly allows us to be certain that your changes or needs are noted correctly in your customer file and are placed on work orders, and it is the only approved way to request a change to service or additional services. Our teams are authorized to perform only the work listed on their work order for the day.

  • We schedule all seasonal yard tasks according to proven best practices timelines — trust us, we know our stuff. All additional work requires authorization and approval of the office before proceeding. You accept our service with these terms.

Contact information

Questions about the Terms of Service should be sent to us at mike@cutabovelandscapingnc.com.

Pet waste

All pet waste is to be cleaned up by homeowners before services are rendered. A cleaning fee of $20 will be added to your invoice for each occurrence. 

Acceptance of proposal

When the above prices, specifications, and conditions are accepted, A Cut Above Landscaping will be authorized to do work as specified. Payments will be made as outlined under ‘PAYMENT TERMS.’

Financial Information

Prices for Maintenance Services

Our minimum monthly contract price to service a yard (Mow, edge, weed whack, trim shrubs, blow, and spray – AS NEEDED) is $225/per month. If you have a larger yard, fence, many fast-growing shrubs, several landscaping beds around your property that all have to be edged/string trimmed, it will take more time, and hence, will cost more.

Prices for cleanups

When we estimate the price for a project, we ask ourselves two questions.

How long will this project take?

We charge $50-$65 per man hour, depending on what we were asked to do. We will give you an estimate to complete your project correctly. For example, if we prune a shrub, we also remove the dead branches and prune the suckers (branches that grow straight up w/o branching) further into the shrub. This allows new growth not only in the outer area of the shrub but in the center as well. Not all landscapers know how to do this.

How much debris will we have to haul off and dispose of?

We charge $100/pick-up load and/or $400/trailer load to haul away your debris. When we leave your property, we’re not finished yet. We still have to drive to the county landfill and pay a dumping fee to dispose of it.

We pay and train our employees well. We maintain our equipment with frequent services and sharpen our mower blades frequently. We do not strive to be the cheapest, but the best landscapers in Huntersville. We are also fully licensed and insured.

Payment Methods

We accept all forms of payment. For our yearly contracts, we require a client have a payment method on file. This can look like:

  • Debit/credit card on file
  • ACH bank transfer
  • 12 post dated checks
  • Quarterly payments in advance for a 7% discount

For one-time cleanups, a 50% deposit is due upon acceptance of the estimate and the remainder is due upon completion of the work. For one time events, our payment methods are:

  • Cash in a sealed envelope
  • Check in a sealed envelope
  • Venmo
  • CashApp
  • ACH bank transfer
  • PayPal

Payment terms

  • We expect full payment on invoices upon receipt. We will bill the payment method on file the 1st day of the month.
  • If the payment method on file is not working, we will notify you immediately via email, phone, and/or text.
  • A new payment method or a one time payment will be due immediately. If payment is not made within 5 days, service will be discontinued until your account is brought current.
  • All accounts over 20 days will begin accruing a $20.00 late charge fee, per month.
  • All accounts over 30 days receive a past due notification letter. If there is no response, a letter will come from our attorney requesting payment in full.
  • We will not resume the yard until your account is paid in full.
    • If your service is stopped for non/late payment, when service is resumed there may be an extra charge to get your lawn back in maintenance condition where necessary.
  • In any action to collect past due balances, A Cut Above Landscaping LLC shall also be entitled to collect all costs, fees, expenses, including attorney fees. A Cut Above Landscaping LLC reserves the right to file a lien for the collection of any unpaid balances due.

Disclaimers

Responsibility/Liability

  1. We do not repair or replace damaged or broken sprinkler heads. Sprinkler equipment failure is not the responsibility of the lawn maintenance crew, i.e. pop-ups that don’t return to the property position are equipment failure. Properly designed and installed irrigation equipment, working properly should never be damaged by lawn equipment. A Cut Above Landscaping LLC will not take responsibility for sprinkler heads/systems that are not installed properly and as a result, are damaged by our equipment. Before A Cut Above Landscaping LLC will take responsibility a supervisor will inspect the damage and determine if the damage was caused by the crew’s carelessness or failure to maintain the system. If so determined, A Cut Above Landscaping LLC will then assume responsibility. All systems require regular maintenance and will deteriorate without it. We do not pay for 3rd party repairs.
  2. We will not take responsibility for any exposed wires, cables, electrical cables, etc. that are not installed properly and are cut or damaged by our equipment. If it is determined that damage was caused by the crew’s carelessness or negligence, A Cut Above Landscaping LLC will assume responsibility.
  3. We are NOT RESPONSIBLE for damage to items left on the lawn. The teams do their best to avoid running over hoses, toys, paper, dog bones, etc. However, these items are sometimes difficult to see, so please take a moment and collect all objects on the lawn before the service team arrives.
  4. Finally, when our crew arrives at your property, please make sure all children and pets are inside so they are not exposed to any debris that may be thrown from the equipment. Our service teams love pets, but not all pets love us! We recommend keeping your pets inside on service days and checking all gates for closure after service to ensure it is latched before releasing your valuable pets into the yard. Our crews will make every effort to make sure gates are closed but will not assume responsibility for your pets. Please contact us if you find the gate/lock open, and we will remind the service team to lock it every time! However, we cannot guarantee a gate will latch and the lock stays in place. Also, if there is a dog in the backyard on the scheduled service day and our crew feels threatened by the pet we will not mow the backyard. You accept our service with these terms.
  5. We are not responsible for damages to your grass due to unresolved drainage issues or an irrigation leak. If it has been raining for a number of days, we may decide to postpone your service. We let the crew leader decide on whether to mow or not. If you would like us to mow, regardless of our suggestions not to, please email to release us from any damages to your lawn that may occur due to putting our 700 lb mower on your wet grass.

Damage

  • PROPERTY LINES – The owner shall be responsible for the location and marking of all property lines and corners.
  • PERMITS, PASSES, AND INSURANCE – All zoning, building, irrigation, construction permits, and plantation passes shall be paid for by the owner. Owner to carry fire, flood, tornado, and other necessary insurance. Our workers are fully covered by Worker’s Compensation Insurance.
  • A Cut Above Landscaping LLC is not responsible for getting permission from the HOA or POA to make any changes to their property. The customer assumes all risk and agrees to pay any fines or fees levied against A Cut Above Landscaping LLC for not getting the proper legal permission.
  • 811 – Owner shall contact 811 for underground objects including gas and water lines or electric, telephone, or cable wires.
  • A Cut Above Landscaping LLC will not assume responsibility for damage done to any type of conduit, sidewalk, drives, invisible fences, or other objects unless designated prior to the beginning of work on appropriate drawings. These lines can be marked by the contractor who installed them. This service typically involves a nominal fee. The customer is responsible for the fee and contacting the contractor. Fees to repair any damage will be the responsibility of the customer. The cost of relocating lines will be the responsibility of the customer. Theft of plants or materials, after they are placed on-site, will be the owner’s responsibility.
  • We are very careful when we service your lawn, but if a covered incident does happen, we will repair the damage. Contact us immediately, no later than 24 hours after the service where the damage occurred. Damages that occur during the performance of our services shall be the sole responsibility of A Cut Above Landscaping LLC. All approved repairs will be made by us or by an approved contractor; repairs made by others without our consent will not be our financial responsibility. Damages we will not cover include but are not limited to:
  • Air conditioning wiring
  • Birdbaths
  • Birdhouses
  • Benches
  • Chairs
  • Playsets
  • Concrete
  • Dog beds
  • Downspouts
  • Drainage
  • Shade structures
  • Fences
  • Fence posts
  • Fence stain
  • Flower boxes
  • Holiday décor
  • Improperly installed irrigation
  • Irrigation valve covers
  • Metal and/or plastic edging
  • Path lighting
  • Pottery
  • Outdoor curtains
  • Retaining walls
  • Stone edging, (brick and/or stone)
  • Stone pathways
  • Toys
  • Unprotected trees
  • Trampolines
  • Plastic pools or other swimming Pools
  • Windows
  • Exposed cables/wires, invisible fencing, sprinkler Components/lines normally found below the surface of the lawn
  • Disease or insect damage to lawns
  • Any item hidden in the landscape and not clearly marked.
  • If we are required to move objects to service your lawn and/or landscape, such as, but not limited to: Benches, birdbaths, basketball goals, playhouses, lawn furniture, trampolines, etc., we will not be responsible for damage caused by moving the object from where we need to provide service.

Dyed mulch

The customer understands that the product you are purchasing is a dyed product and can lose color, fade, or wash out when it rains. You are purchasing this product as is. A Cut Above Landscaping LLC is not responsible for any fading of the product, nor is it our responsibility to pick up, remove or exchange after it is installed.

Unexpected interruptions

A Cut Above Landscaping LLC shall not be held responsible or liable for the loss, damage, or delay caused by weather conditions, strikes, accidents, lack of adequate time, acts of God, or by any other causes or delays beyond our control.

Window damage

We are not responsible for any type of window and/or glass breakage while providing maintenance on your property from rocks, objects left in the yard, flying debris, etc. Note: Window damage and expenses shall be the sole responsibility of the customer. You accept our service with these terms.

Drainage

  • We will have the utilities marked by calling 811, 5-7 days before scheduled work at no charge.
  • We are not responsible for damage to any underground utilities that we have not been made aware of.
  • We are not responsible for damages to turf resulting from the requested drainage work.
  • We are not responsible for any drip line repairs or any damage to irrigation lines that are under the ground and not marked.
  • Rain within 24 hours of job poses risk to excess damage to the lawn. All efforts will be taken to reduce the footprint of the machine and our presence on-site to perform the work.

Stump grinder

  • Stump grinding is only included when itemized on the proposal.
  • The stump grinder grinds 4-6 inches below the surface.
  • Proper barriers will be put in place where projectiles may be within striking distance of buildings/vehicles/etc.
  • If stump grinding is performed, it is a separate crew at a separate date & the mulch will be left on site.
  • The stump grinder does not remove the mulch created from the grinding. We can do so for an additional cost.
  • We can provide this service at no charge to you upon request.
  • We are not responsible for damage to any underground utilities that we have not been made aware of. Please have the utilities marked by calling 811, 5-7 days before scheduled work, or ask us to do it at no charge.
  • We are not responsible for any drip line repairs or any damage to irrigation lines that are under the ground and not marked.
  • Rain within 24 hours of job poses risk to excess damage to the lawn. All efforts will be taken to reduce the footprint of the machine and our presence on-site to perform the work.
  • We are not responsible for damages to turf from the stump grinding machine. If it is warranted or necessary, plywood will be put down for the machine to drive on.

Landscape Design

Scope of work and workmanship

A Cut Above Landscaping LLC shall furnish all materials as specified but shall have the right to substitute materials of equal or higher value when necessary. All tools, equipment, and labor to execute the installation detailed in this proposal shall be supplied. Access to water and electricity to be provided by the owner. All operations shall be completed in a competent manner. Drawing and details are to serve as a guide and shall be followed as close as practical but minor on-site adjustments may be made.

Revisions/changes/cancellations and concealed contingencies

This proposal is subject to revision after 30 days as the availability of many materials is not constant. This proposal is based on the current price of labor and materials and can be adjusted for any unanticipated increases in the same. Any changes, alterations, additions, or deviations shall be charged to the owner at the contractor’s normal selling price. Change orders to the contract must be in writing and will be billed at cost plus 20% unless otherwise expressly agreed upon in the change order. A cancellation fee of 20% to cover design costs, scheduling changes, restocking, or disposing of materials already purchased for the project. This proposal is subject to extra charge for concealed contingencies such as rock, debris, poor drainage solutions, etc., not readily apparent in estimating the material and work specified. The site shall be received by A Cut Above Landscaping in a clean, smooth, graded condition, properly drained, and ready for planting.

If any changes are requested by the owner during installation, such as an increase in plants or other materials, or for extra work to be done, not so described in the proposal or indicated on the submitted landscape plans, a line item charge will be added to the amount so described in the proposal which is fair and customary for such requested work. Any and all deviations from the above specifications involving extra costs will be executed only upon written order which will create an extra charge over and above the proposal. All elements of the agreement are contingent upon strikes, accidents, or delays beyond our control. The proposal does not include materials that may be required should unforeseen problems arise after the work has started.

Payments

For plant installations, we require 50% down, The balance is due and payable when the last listed specified labor, plant, and material is installed. Landscape modifications may be necessary to maintain the esthetics of the design. Only those changes deemed necessary will deviate from the originally proposed agreement, drawing, plan, or listed plant(s) and/or material as specified. If there are changes that are not included in the original scope of work, a written change order will be needed to be agreed upon.

Plant or sod guarantees

A Cut Above Landscaping LLC shall guarantee that all plant materials shall be delivered and installed in a healthy condition, being 100% free of any form of pest infestations or fungi/bacterial infections. If we are removing and transplanting some of your existing plants, please be advised; their survival depends on the size, age, and viability of the plant. There is NO guarantee on transplanted plants.  Acts of God (i.e. lighting, storm, drought, freeze, etc.) or damage due to accidents (i.e. kids, dogs, etc.) or vandalism, are not covered by this warranty. ALSO; Damage or loss of plants due to deer is not covered by any warranty expressed or implied. A Cut Above Landscaping LLC makes every effort to use deer-resistant plant material. However, due to the increasing deer population and their changing habits, we are not responsible for any resultant damage.