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TERMS & CONDITONS
Below is our Terms & Conditions we send out with all of our estimates, by signing a contract with us, you are agreeing to have reviewed these terms and conditions and agree with them, before any work from Top Tier Tree LLC is performed. Our Terms & Conditions are subject to update, check back frequently for updates, we will always send the most updated copy to our clients. You will receive a copy of the Terms and Conditions with your estimate.
- INTRODUCTION
This terms and conditions agreement (“Agreement”) is a legally binding contract between Top Tier Tree LLC (“Company” or “we” or “us”) and you (“Customer” or “you”) that outlines the terms and conditions under which we will provide our tree services to you. By hiring us to provide tree services, you agree to be bound by the terms and conditions outlined in this Agreement.
- DEFINITIONS
In this Agreement:
(a) “Services” means the tree services that we agree to provide to you, which may include tree trimming, tree removal, stump grinding, and other related services.
(b) “Property” means the property where the Services will be performed, which is owned or leased by the Customer.
(c) “Estimate” means the written or verbal estimate that we provide to you for the Services, including the price and scope of the Services.
- SERVICES
(a) We will provide the Services in a professional and workmanlike manner, using reasonable care and skill. We will make every effort to complete the Services in a timely and efficient manner, subject to factors outside of our control.
(b) We will comply with all applicable laws, regulations, and industry standards when performing the Services.
(c) We may subcontract or assign our obligations under this Agreement to a third party, provided that we obtain your prior written consent.
(d) You are responsible for ensuring that we have safe and unobstructed access to the Property where the Services will be performed.
- ESTIMATE AND PAYMENT
(a) We will provide you with an Estimate for the Services, which will include the scope of the Services and the total price.
(b) If you accept the Estimate, and the Estimate total is greater than $4,999 you must pay a deposit of 50% of the total price before we commence the Services.
(c) The remaining balance of the total price must be paid in full upon completion of the Services. We accept cash, check, ACH transfers, Venmo and and most credit cards.
(d) If you fail to pay the deposit or any other amount due under this Agreement, we reserve the right to suspend or terminate the Services.
(e) If any additional Services are requested or required after the Services have commenced, we will provide you with an updated Estimate, which you must approve before we commence the additional Services.
- CANCELLATION AND RESCHEDULING
(a) If you need to cancel or reschedule the Services, you must provide us with at least 48 hours’ notice. If you fail to provide us with adequate notice, we may charge you a cancellation fee of 25% of Estimate total.
(b) We reserve the right to cancel or reschedule the Services at any time due to factors outside of our control, such as inclement weather or equipment failure. If we cancel or reschedule the Services, we will provide you with as much notice as possible and will work with you to reschedule the Services at a convenient time.
- WARRANTIES AND DISCLAIMERS
(a) We warrant that we will perform the Services in accordance with the terms and conditions of this Agreement and in compliance with all applicable laws, regulations, and industry standards.
(b) We do not warrant that the Services will be free from defects or errors, or that they will meet your specific needs or requirements.
(c) We are not liable for any damage to the Property or any third-party property that is not caused by our negligence or willful misconduct.
(d) We are not liable for any personal injury or death that is not caused by our negligence or willful misconduct.
(e) We are not liable for any damage or loss that is caused by factors outside of our control, such as inclement weather, acts of God, or acts of third parties.
(f) We are not liable for any damage or loss that is caused by pre-existing conditions on the Property, such as rotting or diseased trees, unless we specifically identified the condition in the Estimate and you agreed to pay for the additional services required to address the condition.
(g) We are not liable for any damage or loss that is caused by your failure to comply with any of your obligations under this Agreement, including your obligation to provide us with safe and unobstructed access to the Property.
(h) The warranties and disclaimers set forth in this Agreement are the sole and exclusive warranties and disclaimers provided by us. We make no other warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.
- LIMITATION OF LIABILITY
(a) In no event will we be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with this Agreement or the Services, including without limitation, lost profits, loss of use, or loss of data.
(b) Our liability to you under this Agreement, whether in contract, tort, or otherwise, will not exceed the total amount of fees paid by you to us under this Agreement.
(c) The limitations of liability set forth in this Agreement will apply even if we have been advised of the possibility of such damages.
(d) The limitations of liability set forth in this Agreement do not apply to our liability for personal injury or death caused by our negligence or willful misconduct.
- INDEMNIFICATION
(a) You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) your breach of this Agreement, (ii) your negligence or willful misconduct, (iii) any damage or loss to the Property, or (iv) any third-party claims arising out of or in connection with the Services.
(b) We will promptly notify you of any claim or demand that is subject to indemnification under this Agreement, and we will cooperate with you in the defense of any such claim or demand.
- TERMINATION
(a) Either party may terminate this Agreement at any time for any reason upon written notice to the other party.
(b) If you terminate this Agreement before our 48 hour requirement, you will not be liable for any cancellation fee.
(c) If we terminate this Agreement before we commence the Services, we will refund any deposit that you have paid.
- GOVERNING LAW AND JURISDICTION
(a) This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any conflict of law principles.
(b) Any dispute arising out of or in connection with this Agreement will be resolved exclusively by the state or federal courts located in Minnesota.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether written or oral. This Agreement may not be amended or modified except in writing signed by both parties.
- SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
- ASSIGNMENT
You may not assign this Agreement without our prior written consent. We may assign this Agreement to any third party without your consent.
- WAIVER
No waiver of any provision of this Agreement will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
- NOTICES
Any notices required or permitted to be given under this Agreement must be in writing and delivered via email or personally, by registered or certified mail, or by a recognized overnight courier service, to the parties at the addresses upon request:
Top Tier Tree LLC | blake@toptiertreemn.com
Either party may change its address for notice by providing written notice of the change to the other party in accordance with this Section.
- CONSTRUCTION
The headings and captions of this Agreement are provided for convenience only and will not affect its interpretation. The terms “including” and “includes” are not limiting and will be deemed to mean “including, but not limited to.” The singular will include the plural, and vice versa.
- SURVIVAL
The following provisions will survive any termination or expiration of this Agreement: Sections 4 (Payment), 6 (Warranties and Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 10 (Governing Law and Jurisdiction), 11 (Entire Agreement), 12 (Severability), 13 (Assignment), 14 (Waiver), 15 (Notices), 16 (Construction), and 17 (Survival).
INTRODUCTION
This terms and conditions agreement (“Agreement”) is a legally binding contract between Top Tier Tree LLC (“Company” or “we” or “us”) and you (“Customer” or “you”) that outlines the terms and conditions under which we will provide our tree services to you. By hiring us to provide tree services, you agree to be bound by the terms and conditions outlined in this Agreement.
DEFINITIONS
In this Agreement:
(a) “Services” means the tree services that we agree to provide to you, which may include tree trimming, tree removal, stump grinding, and other related services.
(b) “Property” means the property where the Services will be performed, which is owned or leased by the Customer.
(c) “Estimate” means the written or verbal estimate that we provide to you for the Services, including the price and scope of the Services.
SERVICES
(a) We will provide the Services in a professional and workmanlike manner, using reasonable care and skill. We will make every effort to complete the Services in a timely and efficient manner, subject to factors outside of our control.
(b) We will comply with all applicable laws, regulations, and industry standards when performing the Services.
(c) We may subcontract or assign our obligations under this Agreement to a third party, provided that we obtain your prior written consent.
(d) You are responsible for ensuring that we have safe and unobstructed access to the Property where the Services will be performed.
ESTIMATE AND PAYMENT
(a) We will provide you with an Estimate for the Services, which will include the scope of the Services and the total price.
(b) If you accept the Estimate, and the Estimate total is greater than $4,999 you must pay a deposit of 50% of the total price before we commence the Services.
(c) The remaining balance of the total price must be paid in full upon completion of the Services. We accept cash, check, ACH transfers, Venmo and most credit cards.
(d) If you fail to pay the deposit or any other amount due under this Agreement, we reserve the right to suspend or terminate the Services.
(e) If any additional Services are requested or required after the Services have commenced, we will provide you with an updated Estimate, which you must approve before we commence the additional Services.
CANCELLATION AND RESCHEDULING
(a) If you need to cancel or reschedule the Services, you must provide us with at least 48 hours’ notice. If you fail to provide us with adequate notice, we may charge you a cancellation fee of 25% of Estimate total.
(b) We reserve the right to cancel or reschedule the Services at any time due to factors outside of our control, such as inclement weather or equipment failure. If we cancel or reschedule the Services, we will provide you with as much notice as possible and will work with you to reschedule the Services at a convenient time.
WARRANTIES AND DISCLAIMERS
(a) We warrant that we will perform the Services in accordance with the terms and conditions of this Agreement and in compliance with all applicable laws, regulations, and industry standards.
(b) We do not guarantee that the Services will be free from defects or errors, or that they will meet your specific needs or requirements.
(c) We are not liable for any damage to the Property or any third-party property that is not caused by our negligence or willful misconduct.
(d) We are not liable for any personal injury or death that is not caused by our negligence or willful misconduct.
(e) We are not liable for any damage or loss that is caused by factors outside of our control, such as inclement weather, acts of God, or acts of third parties.
(f) We are not liable for any damage or loss that is caused by pre-existing conditions on the Property, such as rotting or diseased trees, unless we specifically identified the condition in the Estimate, and you agreed to pay for the additional services required to address the condition.
(g) We are not liable for any damage or loss that is caused by your failure to comply with any of your obligations under this Agreement, including your obligation to provide us with safe and unobstructed access to the Property.
(h) The warranties and disclaimers set forth in this Agreement are the sole and exclusive warranties and disclaimers provided by us. We make no other warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.
LIMITATION OF LIABILITY
(a) In no event will we be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with this Agreement or the Services, including without limitation, lost profits, loss of use, or loss of data.
(b) Our liability to you under this Agreement, whether in contract, tort, or otherwise, will not exceed the total amount of fees paid by you to us under this Agreement.
(c) The limitations of liability set forth in this Agreement will apply even if we have been advised of the possibility of such damages.
(d) The limitations of liability set forth in this Agreement do not apply to our liability for personal injury or death caused by our negligence or willful misconduct.
INDEMNIFICATION
(a) You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) your breach of this Agreement, (ii) your negligence or willful misconduct, (iii) any damage or loss to the Property, or (iv) any third-party claims arising out of or in connection with the Services.
(b) We will promptly notify you of any claim or demand that is subject to indemnification under this Agreement, and we will cooperate with you in the defense of any such claim or demand.
TERMINATION
(a) Either party may terminate this Agreement at any time for any reason upon written notice to the other party.
(b) If you terminate this Agreement after signing, you will owe Top Tier Tree LLC 25% of total service fees.
(c) If we terminate this Agreement before we commence the Services, we will refund any deposit that you have paid.
GOVERNING LAW AND JURISDICTION
(a) This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any conflict of law principles.
(b) Any dispute arising out of or in connection with this Agreement will be resolved exclusively by the state or federal courts located in Minnesota.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether written or oral. This Agreement may not be amended or modified except in writing signed by both parties.
COMMUNICATION CONSENT AND OPT-IN/OUT
(a) Text Messaging and Communication Consent: By providing your contact information, including your mobile number, you consent to receive communications from Top Tier Tree LLC, including service updates, estimates, scheduling, and promotional messages via text message, phone call, or email.
(b) Opt-In for Text Messaging: Upon signing this Agreement, you acknowledge and agree that by providing your mobile number, you are opting in to receive messages relevant to the services requested and any promotions, updates, or information from Top Tier Tree LLC. Standard message and data rates may apply based on your carrier’s plan.
(c) Opt-Out: You may opt out of receiving text messages and/or promotional emails at any time. To opt out, reply “STOP” to any text message, or click “unsubscribe” in any email communication. You may also contact us directly at blake@toptiertreemn.com or 763-220-1070 to adjust your communication preferences. Opting out will not affect transactional communications regarding active services or appointments.
(d) Customer Responsibility: It is your responsibility to notify Top Tier Tree LLC of any changes to your contact information to ensure you receive important notifications related to services.
(e) Data Privacy: All information collected through our website is handled in compliance with applicable data privacy laws. Please refer to our Privacy Policy for more information on how your data is collected, used, and protected.
SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
ASSIGNMENT
You may not assign this Agreement without our prior written consent. We may assign this Agreement to any third party without your consent.
WAIVER
No waiver of any provision of this Agreement will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
NOTICES
Any notices required or permitted to be given under this Agreement must be in writing and delivered via email or personally, by registered or certified mail, or by a recognized overnight courier service, to the parties at the addresses upon request:
Top Tier Tree LLC | blake@toptiertreemn.com
Either party may change its address for notice by providing written notice of the change to the other party in accordance with this Section.
FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside of our reasonable control (“Force Majeure Event”), including but not limited to acts of God, war, terrorism, pandemics, strikes or other labor disputes, governmental orders or regulations, floods, fires, earthquakes, or other natural disasters. If a Force Majeure Event occurs, we will notify you as soon as reasonably possible and will use reasonable efforts to minimize the impact of the Force Majeure Event on the Services.
NOTICES
All notices, requests, demands, and other communications under this Agreement will be in writing and will be deemed to have been duly given (a) when delivered in person, (b) when sent by facsimile or email with confirmed receipt, (c) one day after being sent by a reputable overnight courier with a tracking number, or (d) three days after being mailed by registered or certified mail, postage prepaid, return receipt requested, to the addresses set forth in the Estimate or to such other address as either party may from time to time specify in writing.
CONSTRUCTION
The headings and captions of this Agreement are provided for convenience only and will not affect its interpretation. The terms “including” and “includes” are not limiting and will be deemed to mean “including, but not limited to.” The singular will include the plural, and vice versa.