Refunds, Cancellations, and Service Guarantee Policy

Refunds, Cancellations, and Service Guarantee Policy

1. Definitions

1.1 Unsatisfactory Service means incomplete work, material deviation from the agreed scope, or failure to meet industry standards such as those published by the National Association of Landscape Professionals (NALP) or comparable regional associations. It does not include conditions caused by weather, property neglect, or events beyond MTM’s control.
1.2 Reasonable Remedy means MTM’s obligation to re-perform the originally contracted service to correct the identified deficiency. It does not include upgrades, additional services, or unrelated corrective work.
1.3 Property Neglect includes, but is not limited to: lawn height exceeding six (6) inches, debris accumulation, unremoved pet waste, or obstacles that impede safe service delivery.
1.4 Service Resolution Visit means a corrective visit scheduled under Section 3.


2. Notification of Issues

2.1 Clients must notify MTM of service concerns in writing within 48 hours of service completion. Written notice must be sent via:

  • Email: mtmpmnj@gmail.com

  • Text Message: (732) 555-1234 (acknowledged during business hours, Mon–Fri, 9AM–5PM EST)

  • Jobber Client Portal: [Insert Portal Link]
    2.2 MTM shall acknowledge receipt of the complaint within 24–48 business hours of submission.


3. Service Resolution

3.1 MTM shall schedule a Service Resolution Visit within five (5) business days or before the next scheduled mowing cycle, whichever occurs first.
3.2 Service Resolution Visits must occur within the same mowing cycle as the original service, unless weather or force majeure events prevent timely completion.
3.3 If the Service Resolution Visit determines the original complaint was unfounded or outside the agreed scope, MTM reserves the right to charge a $35 service call fee.
3.4 Refunds will only be issued if MTM cannot reasonably remedy the concern as defined in Section 1.


4. Cancellations by Client

4.1 Recurring Services: Cancellations require 24 hours’ notice. Same-day cancellations or missed appointments may be billed at 50% of the scheduled rate.
4.2 One-Time or Seasonal Services: Cancellations require 48 hours’ notice. Deposits are non-refundable once materials are ordered or labor scheduled.
4.3 Emergency Cancellations: One penalty-free cancellation per season is permitted for legitimate emergencies (e.g., hospitalization, death in family) with reasonable documentation.


5. Cancellations by MTM

5.1 MTM may cancel or reschedule due to weather, unsafe conditions, equipment failure, or other unavoidable causes.
5.2 Services will be rescheduled at the earliest available opportunity. If rescheduling is impossible, prepaid amounts shall be credited or refunded pro-rata.


6. Prepaid Services and Memberships

6.1 Prepaid seasonal mowing plans, GreenPass, and VIP memberships are non-refundable once services begin.
6.2 If MTM terminates the agreement for reasons not caused by client default, a pro-rated credit will be issued for unused services.
6.3 Credits will not be issued for client-requested skipped visits, cancellations, or property neglect.


7. Weather Delays and Rainy Season

7.1 Weekly clients may experience delays up to seven (7) days during rain or unsafe mowing conditions.
7.2 Bi-weekly clients may experience delays up to twenty-one (21) days during extended wet periods (defined as more than three consecutive days of rain or unsafe mowing conditions).
7.3 Refunds are not provided for weather-related delays. Services will be performed on the next available dry day, including weekends if necessary.
7.4 If weather delays extend beyond the limits in 7.1 or 7.2, MTM will provide a pro-rated service credit based on the missed service value.
7.5 Extreme weather events such as hurricanes, flooding, or government-mandated restrictions fall under Section 12 (Force Majeure) and may override the delay limits in this section.


8. Deposits and Materials

8.1 Deposits for mulch, plants, or other materials are non-refundable once purchased or delivered.
8.2 If a project is cancelled after materials are purchased, the client may take possession of materials or forfeit the deposit.


9. Payments and Disputes

9.1 All invoices are due upon receipt unless otherwise specified. Payments not received within 15 days of the invoice date may incur a 1.5% monthly late fee (18% APR) or the maximum permitted by law, whichever is less.
9.2 Clients must contact MTM to resolve disputes before initiating a chargeback.
9.3 Unauthorized disputes or chargebacks will incur a $35 handling fee plus recovery of the outstanding balance.
9.4 MTM may suspend or terminate services for:
(a) three or more late cancellations in a season,
(b) repeated non-payment or delinquency, or
(c) fraudulent or abusive conduct, including but not limited to harassment of staff, false damage claims, or intentional misrepresentation.
9.5 If MTM terminates services under this Section, unused prepayments will be credited back to the client, less costs already incurred.


10. Partial Service Completion

10.1 If a service cannot be completed due to equipment failure, weather interruption, or unsafe site conditions, MTM will either:
(a) complete the remaining service on the next available day, or
(b) apply a pro-rated credit for the unfinished portion.


11. Documentation

11.1 MTM will maintain photo documentation of services before and after completion.
11.2 Clients may, but are not required to, submit photos when reporting service concerns.


12. Force Majeure

12.1 MTM shall not be liable for delays, interruptions, or failure to perform caused by acts of God, extreme weather (including hurricanes, flooding, or prolonged drought), labor disputes, power outages, government restrictions, or other causes beyond MTM’s control.


13. Statute of Limitations & Dispute Resolution

13.1 Clients must submit service complaints under Section 2 within 48 hours for immediate resolution.

13.2 Any disputes or claims relating to services must first be submitted to good-faith mediation. If mediation does not resolve the matter within fifteen (15) days, the dispute shall be submitted to binding arbitration as provided in the Service Agreement.

13.3 Arbitration shall be conducted in Middlesex County, New Jersey under the rules of the American Arbitration Association (AAA) or a comparable neutral organization, before a single arbitrator experienced in contract or commercial disputes.

13.4 Arbitration costs shall be split equally between the parties unless otherwise determined by the arbitrator.

13.5 Legal claims, if permitted after arbitration, must be filed within thirty (30) days of the service date. Claims not submitted to arbitration or filed within this period shall be deemed waived.


14. Severability

14.1 If any provision of this Policy is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.