Terms of Service

By accessing and using the services of ATX Landscape Design ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms apply to all services including pond design, construction, renovation, maintenance, and related services.

If you do not agree to these Terms, please do not use our services or website.

Our Services Include:

• Custom pond design and consultation
• Pond construction and installation
• Koi pond systems and maintenance
• Water garden design and installation
• Pond renovation and upgrades
• Pond lighting systems
• Ongoing maintenance and support services
• Emergency repair services

All services are subject to availability, scheduling, and the terms outlined in individual service agreements.

Project Agreements

Each project will be governed by a separate written agreement that includes:

• Detailed scope of work and specifications
• Project timeline and milestones
• Total cost and payment schedule
• Materials and equipment specifications
• Warranty terms and conditions
• Change order procedures

In case of any conflict between these Terms and a specific service agreement, the service agreement shall prevail.

Pricing

• All prices are quoted in US Dollars and are subject to applicable taxes
• Prices may vary based on project scope, materials, and site conditions
• Written estimates are valid for 30 days unless otherwise specified
• Final pricing will be confirmed in the project agreement

Payment Terms

• Payment schedules will be outlined in individual project agreements
• Typical payment structure: 25% deposit, progress payments, 10% final payment
• Payments are due within 30 days of invoice date unless otherwise agreed
• Late payments may incur a 1.5% monthly service charge
• We accept cash, check, and major credit cards

Additional Costs

Additional costs may apply for changes in scope, unforeseen site conditions, permit fees, or client-requested upgrades. All additional costs will be communicated and approved before work proceeds.

Clients are responsible for:

• Providing accurate site information and access
• Obtaining necessary permits and approvals (unless otherwise agreed)
• Ensuring utilities are properly marked before excavation
• Maintaining clear access to work areas
• Securing pets and personal property during construction
• Making timely payments according to the agreement
• Following maintenance recommendations for optimal system performance
• Providing feedback and approvals in a timely manner

Workmanship Warranty

We provide a 2-year warranty on workmanship for pond construction and installation, covering:

• Structural integrity of pond construction
• Plumbing and filtration system installation
• Electrical work and lighting installation
• Proper system operation and functionality

Material Warranties

Material warranties are provided by manufacturers and vary by product:

• Pond liners: Manufacturer's warranty (typically 20+ years)
• Pumps and equipment: Manufacturer's warranty (1-3 years typical)
• Lighting systems: Manufacturer's warranty (2-5 years typical)

Warranty Exclusions

Warranties do not cover:

• Damage from misuse, neglect, or failure to maintain
• Normal wear and tear
• Damage from extreme weather or natural disasters
• Modifications by other parties
• Issues arising from poor water quality or inadequate maintenance

To the maximum extent permitted by law:

• Our total liability shall not exceed the total amount paid for services
• We are not liable for indirect, consequential, or incidental damages
• We are not responsible for damage to existing landscaping unless caused by negligence
• Client assumes responsibility for underground utilities not properly marked
• We maintain appropriate insurance coverage for our operations

Some states do not allow limitation of liability, so these limitations may not apply to you.

We are not liable for delays or inability to perform due to circumstances beyond our reasonable control, including but not limited to: weather conditions, natural disasters, government actions, material shortages, labor disputes, or public health emergencies. In such cases, we will work with clients to reschedule services as soon as practicable.

Client Cancellation

• Consultations can be cancelled up to 24 hours before scheduled time
• Project cancellations are subject to terms in individual agreements
• Deposits may be non-refundable after design work has begun
• Cancellation fees may apply based on work completed and materials ordered

Company Cancellation

We reserve the right to cancel services for non-payment, unsafe site conditions, or violation of these terms. In such cases, payment for completed work and materials will be required.

All designs, plans, and creative work remain the intellectual property of ATX Landscape Design unless otherwise agreed in writing. Clients receive a license to use designs for their specific project but may not:

• Reproduce designs for other projects without permission
• Sell or distribute our designs to third parties
• Use our designs for commercial purposes without agreement
• Modify designs without our approval

We respect your privacy and maintain confidentiality of your personal information. Please review our Privacy Policy for detailed information about how we collect, use, and protect your data.

We may use project photos for marketing purposes unless specifically requested otherwise in writing.

Resolution Process

1. Direct communication to resolve issues informally
2. Mediation through a neutral third party if needed
3. Binding arbitration if mediation is unsuccessful
4. Court proceedings only for collection of unpaid amounts or injunctive relief

All disputes will be governed by Texas law and resolved in Travis County, Texas.

ATX Landscape Design is:

• Licensed for landscape contracting in Texas
• Bonded and insured with general liability coverage
• Workers' compensation insured for employee protection
• Compliant with all applicable local, state, and federal regulations

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Continued use of our services after changes constitutes acceptance of the modified Terms. For existing projects, the Terms in effect at the time of agreement signing will apply.

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

For questions about these Terms or our services, please contact us: