Terms and Conditions of Service

The Backyard Care Company LLC (“BYC,” “we,” “us,” or “our”) strives to provide your home with the highest quality service in residential property care.  The following Terms & Conditions of Service (these “Terms & Conditions”) help us to do so.  By selecting the checkbox upon checkout purchasing our services, you acknowledge and accept these Terms & Conditions and grant us access to your property to provide services pursuant to the following terms.

1. Services.  BYC provides exterior home services, including but not limited to, the following: mosquito control, lawn and garden fertilization and pet waste removal (collectively, the “Services,” and each, a "Service").  In the course of providing Services, we may install, and you hereby consent to us installing, certain equipment on your property, such as mosquito larvicide traps.  Unless you are otherwise notified in writing, such equipment remains the property of BYC and is subject to reclaim by BYC in the event of your cancellation of Service pursuant to Section 8 herein. 
2. Communications.  When you sign up for Services, we will ask for your cellular phone number. By providing your cellular phone number, you authorize us to send you informational text messages related to the Services you have chosen (such as notices that a member of our team will be arriving at your home).  You may reply “STOP” or “UNSUBSCRIBE” to any of these text messages from BYC to opt out of text messaging at any time.  Though we do not charge you for these informational texts, messaging and data charges may apply to any text message you receive or send.  Please contact your cellular carrier if you have questions about messaging or data charges.  We are available to answer any questions you have regarding your Services via phone or text at (404-480-2720) or email at info@backyardcare.com. 
3. Scheduling.  You will receive a notification the day before and the day of your scheduled Services.  If requested, we will schedule your initial Service at a time when you will be home to meet with a member of our team to discuss your service plan.  Other than for your initial Service, we are unable to accommodate requests to schedule Services on specific days of the week or times of the day.  You do not need to be at home while we perform your Services (other than for the initial Service to discuss your service plan). 
4. Access to Property.  While you do not need to be home while we perform your Service, we require access to all areas of your property that are scheduled for Service (the “Treated Area”).  For the safety of your pets and our team, we do not enter areas where a pet has been left outside (whether or not restrained).  Unless you have opted out of notifications, we will send you a text message the morning of each Service to remind you to unlock any gates and ensure any pets are inside during our visit.  You agree to provide a reasonably safe environment for the performance of Services, including but not limited to (i) ensuring that the property is free from hazards that could pose a risk to the health or safety our team members or equipment and (ii) clearly marking any potential hazards on the property that may not be immediately apparent to our team members, such as underground utility lines, irrigation systems, sprinkler heads, pet enclosures, decorative fixtures and any other objects or features that may interfere with or pose a risk to the safe provision of Services.  If we are unable to access any part of your property scheduled for Service, or if, in our reasonable judgment, the property is not reasonably safe for the provision of Services or if potential hazards are not adequately marked, we will return at a later date to continue such Services.  While we will use reasonable efforts to return to your property as soon as possible, we do not grant refunds or prorate service plans if we are unable to, or delayed in, providing Services to your property because it is not accessible pursuant to Section 4 herein.  We will not be deemed in breach of our obligations under these Terms & Conditions or otherwise liable for any costs, charges, or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay.  
5. Hazardous Materials Warning.  In the course of providing these Services, we may apply materials that are potentially hazardous to human or animal health if they are ingested or swallowed, or if they come into contact with eyes, skin or clothing.  You agree to take appropriate precautions to prevent contact with or ingestion of these hazardous materials by humans or animals, including, but not limited to: (i) avoiding the Treated Area while any such materials are being applied, and for a period afterward until such materials have dried, (ii) closing all windows and doors during your Services, and covering outdoor play equipment, toys and furniture within the Treated Area to prevent them from coming into contact with such materials and (iii) watering the Treated Area well after fertilizer application to reduce the risk of runoff. 
6. Inclement Weather.  In the event of inclement weather, for the safety of our team members and the protection of your property, we may be unable to perform your scheduled Service.  In these instances, we will do our best to promptly reschedule your Service.  In the event that an extended period of inclement weather results in our inability to perform a Service, we will note your property for extended servicing at our next scheduled visit.  We do not grant refunds or prorate service plans for Service interruptions due to inclement weather.
7. Payment & Billing.  BYC accepts payment via ACH, credit and debit card and mobile wallets such as Apple Pay, Google Pay, Link and Cash App. We utilize Stripe as our payment processing platform for all forms of payment.  BYC bills monthly in advance of your scheduled Services, and requires a valid form of payment be saved on file prior to performing your initial Service.  When you sign up for a new service plan, you will be billed every thirty (30) days from the day of your initial billing. If your existing form of payment expires or rejects an attempted billing, we will contact you to provide an updated form of payment.  We are unable to continue providing Services until a new valid form of payment has been successfully uploaded and billed.  Service plan prices are quoted on a monthly basis and are subject to increase at BYC’s discretion.  You will be notified of changes in the price of your active Service plans.  Billing of year-round Services will continue at the then-current price until notice of cancellation. Billing of seasonal Services will automatically initiate and terminate at the applicable time of year.  You will be notified of initiation and termination of seasonal billing. 
8. Cancellation.  You may cancel your Services at any time by emailing info@backyardcare.com.  Cancellations must be delivered in writing - if you notify a member of our team in person or over the phone of your intention to cancel a Service, the cancellation will not take effect until an email notification has been sent.  Cancellations take effect the month following your written notification.  No refunds or prorations will be given in the month that notice of a cancellation is provided. 
9. Reservation of Rights.  BYC reserves the right to modify your Services in the regular course of business without prior written notice. BYC also reserves the right to refuse to provide Services until such time as the necessary safety measures specified in Section 4 herein are implemented by you.
10. Warranties.  ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
11. Indemnification.  You agree to protect, defend, hold harmless, and indemnify BYC from and against any all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees), arising out of or related to (a) your breach of these Terms & Conditions or (b) any negligent acts, omissions, fraud, or willful misconduct by you or any of your agents or representatives in connection with the Services provided hereunder.   
12. Limitations of Liability.  IN NO EVENT SHALL BYC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  IN NO EVENT SHALL BYC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNT PAID TO BYC FOR THE SERVICE GIVING RISE TO SUCH DAMAGES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, BYC  WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.  
13. Termination.  In addition to any remedies that may be provided under these Terms & Conditions, BYC may terminate your Services at any time by providing notice to you.  No refunds or prorations will be given in the month that notice of a termination of Services is provided.
14. Waiver.  No waiver by BYC of any of the provisions of these Terms & Conditions is effective unless explicitly set forth in writing and signed by BYC.  No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms & Conditions operates or may be construed as a waiver thereof.  No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
15. Force Majeure.  BYC shall not be liable or responsible to you, or be deemed to have defaulted under or breached these Terms & Conditions, for any failure or delay in fulfilling or performing any term of these Terms & Conditions when and to the extent such failure or delay is caused by or results from acts beyond BYC’s control, including, without limitation, the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake, explosion or other potential disasters or catastrophes such as epidemics; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) strikes, labor stoppages, or slowdowns or other industrial disturbances; (f) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (g) other similar events beyond the control of the BYC.  BYC shall give you notice within three (3) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue.  BYC shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. BYC shall resume the performance of Services as soon as reasonably practicable after the removal of the cause. 
16. Assignment.  You shall not assign any of your rights or delegate any of your obligations under these Terms & Conditions without the prior written consent of BYC. Any purported assignment or delegation in violation of this Section 18 is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms & Conditions.  BYC may freely assign any of its rights or delegate any of its obligations under these Terms & Conditions without the prior written consent of you.
17. Relationship of the Parties.  The relationship between you and BYC is that of independent contractors.  Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
18. Governing Law.  All matters arising out of or relating to these Terms & Conditions are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. 
19. Submission to Jurisdiction.  Any legal suit, action, or proceeding arising out of or relating to these Terms & Conditions shall be instituted in the federal courts of the United States of America or the courts of the State of Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
20. Notices.  We may provide any notice to you under these Terms & Conditions by: (i) sending a message to the email address you provide or (ii) by posting to the website.  Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting.  It is your responsibility to keep your email address current and to check the website frequently.  To give us notice under these Terms & Conditions, you must contact us by email to info@backyardcare.com.  Notices provided by email will be effective upon receipt. 
21. Severability.  If any term or provision of these Terms & Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms & Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
22. Survival.  Provisions of these Terms & Conditions, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms & Conditions, including, but not limited to, the following provisions: Warranties, Indemnification, Limitation of Liability, Governing Law, Submission to Jurisdiction, and Survival.
23. Amendment and Modification. These Terms & Conditions may be amended or modified by BYC from time to time without notice to you. Amendments will be effective upon our posting of such updated Terms & Conditions to our website. Your continued use of our Services shall constitute acceptance to any changes to these Terms & Conditions.