Terms of Service

1. Introduction

Welcome to the website of Prestige Landscape & Design (“we”, “us”, “our”). These Terms of Service (“Terms”) govern your access to and use of our website at https://www.prestigelandscapedesign.com (the “Website”) and the purchase of our design and build landscaping, hardscape, and outdoor living services (“Services”) in the Dallas–Fort Worth area.
By using the Website and/or contracting for Services, you agree to be bound by these Terms. If you do not agree, please do not access the Website or engage our Services.

2. Services; Proposals; Contract Formation

We offer consultation, design (2D and 3D), installation, and maintenance services for landscaping, hardscapes, turf/sod, irrigation/drainage, lighting, and related outdoor living projects as described on our Website.
Proposals are provided after an on-site consultation or remote assessment of your property, scope, goals, and budget.
A contract for Services is formed when you accept our written proposal (which includes scope of work, materials, schedule, payment terms, warranty information, and any applicable permits) and you sign the agreement (or we receive a deposit as outlined in the proposal).
We reserve the right to decline or terminate proposals or contracts for any reason, including site conditions, permitting issues, materials availability, or your failure to cooperate or provide required permissions/information.

3. Client Responsibilities

You will provide access to the property, necessary permissions (such as homeowner’s association, municipality, utility locates), and truthful information about existing conditions (soil, irrigation, grading, utilities).
You agree to review the proposal carefully, ask questions, and provide timely decisions on selections (materials, plants, finishes).
You agree to make payments per the payment schedule outlined in the proposal. Failure to pay on time may cause delays, suspension of work, or termination of the contract.
During installation and post-installation, you will follow our recommendations for use and maintenance (such as irrigation, turf care, lighting upkeep). Our warranties may depend on your compliance with these recommendations.

4. Payment Terms

Unless otherwise specified in your proposal, a deposit is required to secure scheduling and materials procurement.
Final payment is due upon completion of work (or at milestones detailed in your proposal).
If payment is not received as agreed, we may suspend further work, charge interest on overdue amounts, and/or remove our crew from the site until paid.
You agree to pay any reasonable collection costs, attorney fees, or interest (within legal limits) if you fail to comply with payment obligations.

5. Scheduling, Delays & Change Orders

We will provide a schedule for your project in the proposal. You acknowledge that timelines are approximate—unforeseen site conditions, weather, permitting delays, material lead times, or client delays may affect timing.
If you request changes after the proposal is accepted (change orders), we will provide a revised scope, cost, and schedule. You must approve the change order before work proceeds.
Work may be delayed if you fail to provide timely decisions, access, or approvals. You agree that such delays do not constitute our breach of contract.

6. Site Conditions, Permits & Utilities

You represent that you own (or have permission to contract) the property and that the property is properly zoned for the proposed work.
We will identify visible utilities and may coordinate locates; however, you are responsible for locating non-visible utilities or structures (and notifying us of known hazards).
If site conditions differ materially from what was visible or disclosed at proposal time (such as unknown grading issues, subsurface drainage, structural supports, contaminated soil, or hidden utilities), we will notify you and may revise scope and price accordingly.
You are responsible for obtaining and paying for required permits unless otherwise stated in the proposal. Delays or changes due to permitting or inspections are client risks unless otherwise specified.

7. Materials, Workmanship & Warranty

We use materials described in your proposal (brands, types, finishes) unless changes are mutually agreed to.
We warrant our workmanship for the period specified in your proposal (e.g., installation defects), and we pass through any manufacturer warranties on materials or equipment.
Our warranties exclude damage or defects due to misuse, negligence, alterations after completion (without our consent), acts of nature (storms, flooding, fire), animal damage, or failure to maintain the installed system.
For maintenance work, you agree to maintain recommended scheduling, treatments, irrigation, mowing, edging, etc. Failure to do so may void the warranty.

8. Client Review & Acceptance

Upon completion of each phase (or full project, depending on contract), we will perform a walkthrough with you. You will have an opportunity to review the work, raise punch-list items, and approve the work.
If we do not receive written objections within a specified period (as detailed in your proposal), the work will be considered accepted and final payment becomes due.

9. Limitation of Liability

To the maximum extent permitted by law, our liability under the contract or otherwise, whether in contract, tort (including negligence), or otherwise, is limited to the total amount paid by you under the contract.
We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or loss of use.
Nothing in these Terms excludes liability for death or personal injury caused by our negligence or for other liability which cannot be excluded or limited by law.

10. Termination

Either party may terminate the contract if the other party materially breaches its obligations and fails to cure within a reasonable time after receiving written notice.
If you terminate the contract without cause after we have begun work or procured materials, you are responsible for payment of the work completed, materials ordered and delivered, and any cancellation fees.
We may terminate or suspend performance if you fail to make timely payments, fail to provide access or necessary approvals, or become insolvent.

11. Intellectual Property

All content on the Website (images, text, logos, graphics, designs) is our property or licensed to us and is protected by applicable intellectual property laws.
You may not reproduce, distribute, display, or create derivative works of the Website content without our prior written consent.
If we implement design work for you, the ownership of design drawings, renderings, CAD files, 3D models, and usage rights will be as defined in your proposal and contract. We may retain rights to reuse or display images of the completed project for portfolio or marketing purposes unless you explicitly request otherwise in writing.

12. Privacy & Data Protection

Our treatment of your personal information is governed by our Privacy Policy (link on the Website). By contracting for Services or using the Website, you consent to our collection and use of your information as described in that policy.

13. Governing Law & Dispute Resolution

These Terms and any contract for Services shall be governed by the laws of the State of Texas (without regard to conflict of law principles).
Any dispute arising out of or related to these Terms or the Services shall be resolved by binding arbitration in [County], Texas under the rules of [Arbitration Association], unless both parties agree otherwise in writing. Alternatively, you may initiate a lawsuit in the appropriate state or federal court in Texas.
If any part of these Terms is found invalid or unenforceable, the remainder of the Terms will continue in full force and effect.

14. Changes to These Terms

We may revise these Terms at any time. The “Effective Date” above will reflect the date of last update. By continuing to use our Website or contracting for Services after changes are published, you accept the new Terms.

15. Contact Information

If you have questions about these Terms, or wish to request a copy of your contract, design deliverables, or other documentation, please contact us at:
Prestige Landscape & Design
1603 Fuller Dr, Dallas, TX 75228
Phone: 469-972-3137
Email: info@prestigelandscapedesign.com