The English-Gardener

CLIENT REFERENCE MANUAL

Dear valued client

Thank you for choosing The English Gardener, Ltd. to provide garden services. This document is intended as a reference manual for our clients. The English Gardener wants to promote the health and longevity of your garden. Please read this information carefully, and file it for future reference. If you have any questions, concerns or comments, please do not hesitate to contact us.

Sincerely,
The English Gardeners

GUIDING PHILOSOPHY
The English Gardener (EG) designs, installs and maintains outdoor spaces, while fulfilling the aspirations of the dedicated EG staff.

CORPORATE PROFILE
The English Gardener began operating in New York in 1991. The guiding philosophy was to provide exceptional service promptly and professionally. This approach resulted in a greater level of public acceptance than anticipated. The business specializes in designing and installing perennial flower gardens most often accompanied by natural flagstone. Today there is talented team at the English Gardener ready to serve you.

CONTACT PERSON
The EG asks the contact person to:

ˇ Monitor the garden environment (water, etc.)

ˇ Understand the client responsibilities listed below

ˇ Provide periodic feedback to the EG staff

ˇ Be familiar with EG policies, terms and conditions

TERMS AND CONDITIONS:

TERM

The term of this agreement shall be by arrangement until either party gives the other at least 60 days written notice of termination, unless otherwise provided at time of quotation. Installment payment programs will be adjusted where applicable upon termination of the agreement.

FEES

MAINTENANCE WORK: Client agrees to pay to the English Gardener the sum as shown on service proposal or agreement. A finance charge of 1.5% per month will be automatically charged on all amounts not paid within 30 days. Returned checks are charged a fee of $20.00. The annual finance charge is 18%. In the event of a delinquency of 30 days or more on any due invoice, the EG reserves the right to discontinue its services. Service agreement fees are contingent upon the environmental factors present at quotation. Changes in these factors may require additional charges.

PROJECT WORK: Client agrees to pay to the English Gardener (EG) the sum as shown on the project agreement.

FOR DELINQUENT ACCOUNTS court costs plus attorneyšs fees of 25% of the then unpaid balance may be added to the clientšs account if the EG must refer the account to an attorney for collection. Client may add additional services to the agreement at any time with appropriate fee changes by signing a written amendment to the service agreement, which is mutually acceptable to the client and the E.G.

ACCESS Client shall provide the EG with access to all service areas and cold running water. Client shall provide a place for disposal of debris, in accordance with municipal by-laws, except where other arrangements are made.

INDEMNITY
Client agrees to defend, indemnify and hold the EG harmless with regard to any claim, demand, cause or action, loss, cost or expense (including attorneys fees) caused by, arising from, or connected with performance of services.

NON-SOLICITATION
The client, for as long as the EG is providing services to the client and for a period of two years after the termination of such services, agrees that it and its principles, agents, and employees shall not, directly or indirectly, for its own account or as agent, employee, officer, director, trustee, consultant, or shareholder of any corporation or other entity, or member of any firm or otherwise, employ or solicit, directly or indirectly, the employment of any person who is an employee or has been an employee of the EG during the period the EG has rendered such services. Furthermore, be advised all employees have signed a non-compete clause.

NOTICES
Any notice to be given hereunder shall be given in writing by mail, to the last address given in writing to the other party.

CUSTOMERS RESPONSIBILITIES for project installation:

ˇ 1. A current survey

ˇ 2. An accessible electrical outlet

ˇ 3. An accessible water source

ˇ 4. Free and unrestricted access to the work area, including no vehicles in the driveway or parking lots

ˇ 5. A secure place to store equipment and materials during installation

ˇ 6. Toilet facilities where possible
If any of the above are not provided your project may be delayed and/or a surcharge incurred.

APPLICABLE LAW
The EG complies with all applicable Federal and State laws.