This Service Agreement (“Agreement”) governs all services provided by Vitex Design Co. (“we,” “us,” or “our”).

By accepting a proposal, making payment, or engaging in services, the client (“you”) agrees to the terms outlined below.

Vitex Design Co. provides landscape design, planning, and project coordination services, which may include:

• Landscape layout and design plans

• Planting plans and material selections

• Coordination with contractors and vendors

• General project guidance and oversight

The exact scope of work will be defined in your proposal.

Any services not specifically listed in the approved proposal are not included.

All designs are created based on information available at the time, including site conditions, client input, and general best practices.

We are not responsible for:

• Unseen site conditions (soil issues, drainage issues, underground utilities, etc.)

• Changes made by contractors or third parties

• Improper installation or deviation from design plans

Final construction methods and execution are the responsibility of the installing contractor.

The client agrees to:

• Provide accurate information about the property and project goals

• Communicate decisions in a timely manner

• Review and approve designs, proposals, and changes promptly

• Provide access to the property as needed

Delays in communication or decision-making may impact timelines and scheduling.

Vitex Design Co. may recommend, coordinate, and manage third-party contractors as part of the project.

When coordination services are provided:

• Contractors may operate under our direction for scheduling, sequencing, and overall project coordination

• Vitex Design Co. serves as the primary point of communication and oversight for the project

However:

• All contractors remain independent entities

• Contractors are solely responsible for their own work, means, methods, insurance, and liabilities

• Vitex Design Co. is not liable for contractor performance, delays, damages, or workmanship

Any warranties, guarantees, or liabilities related to installation remain with the contractor unless otherwise stated in writing.

All pricing will be outlined in the approved proposal.

Typical terms may include:

• Deposit required to begin work

• Progress payments depending on project scope

• Final payment due upon completion of agreed services

Payments not received within 14 days of the due date may be subject to:

• Late fees applied at a reasonable rate

• Suspension of ongoing work or project scheduling

• Collection efforts, including potential legal action to recover outstanding balances

The client agrees to be responsible for any costs associated with collection, including administrative fees, legal fees, and related expenses, where permitted by law.

We understand that projects evolve. However, structure is required to keep things efficient and on schedule.

• Minor adjustments within the approved scope may be accommodated

• Significant changes to scope, materials, layout, or project size require a change order

• All change orders must be approved in writing before additional work is performed

Additional fees may apply based on the scope of changes.

To maintain clarity and control throughout the project:

• All requested changes will be reviewed and priced separately

• A written change order will outline the updated scope, cost, and timeline

• Work will not proceed on changes until written approval is received

This ensures transparency and prevents miscommunication.

Project timelines are estimates and may vary based on:

• Client response times

• Contractor availability

• Weather conditions

• Material availability

We are not responsible for delays outside of our control.

We are not liable for delays, damages, or changes caused by events beyond our control, including but not limited to:

• Weather conditions (drought, heavy rain, freezes, extreme heat)

• Natural disasters

• Material shortages or supply chain disruptions

• Government restrictions or utility issues

These events may impact timelines, plant availability, and project outcomes.

Landscape installations are living systems and natural materials.

We do not guarantee:

• Plant survival

• Growth rates or appearance over time

• Exact color, size, or availability of materials

Ongoing maintenance, irrigation, and environmental conditions all impact performance.

While irrigation and drainage may be incorporated into design planning:

• Final installation and performance are the responsibility of the contractor

• Existing systems may require modification or repair

• Underground utilities and unforeseen conditions may impact design or installation

We are not responsible for hidden or unknown site conditions, including:

• Soil instability

• Drainage issues

• Underground obstructions

• Property line discrepancies

Adjustments required due to these conditions may result in additional costs.

The client is responsible for ensuring:

• Safe and reasonable access to the property

• Pets are secured during site visits and installation

• Utilities are accessible if required

We are not liable for damage caused by restricted access or unsafe conditions.

Projects requiring expedited timelines may be subject to a rush fee, based on:

• Compressed design timelines

• Priority scheduling

• After-hours or accelerated coordination

Rush fees will be discussed and approved in advance.

To the fullest extent permitted by law, Vitex Design Co. shall not be liable for:

• Indirect or consequential damages

• Loss of use, value, or enjoyment of property

• Issues arising from contractor work or third-party services

Our liability is limited to the amount paid for design services.

We reserve the right to pause or terminate services if:

• Payments are not made as agreed

• Communication breaks down

• Project conditions become unworkable

Any completed work up to that point remains billable.

By approving a proposal or engaging in services, you acknowledge that you have read, understood, and agreed to this Service Agreement.