Acceptance of Terms
By accessing the website at www.ffkgardin.autos or by engaging FFK GARDIN CONTRACTORS INC for services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you should not use the website and you should not engage our team. These terms apply together with any written estimate, proposal, work order or contract that you and the Company sign for a specific project.
Where a signed project contract conflicts with these terms, the signed contract governs for that project. These terms continue to apply to general website use and to any matter the project contract does not address. Your continued use of the website after a revision to these terms takes effect means that you accept the revised terms.
Definitions
In these terms, the Company means FFK GARDIN CONTRACTORS INC, including its team, agents and subcontractors. The Client means the person or business that engages the Company for services or that uses the website. The Website means the pages published at www.ffkgardin.autos. Services means the garden masonry and outdoor systems work described on the website, including stone wall and hardscape builds, garden path and paving systems, irrigation and drainage works, outdoor lighting runs, seasonal planting programmes, and maintenance and repair crews.
Work means the labor, materials, equipment and services the Company supplies under an accepted estimate or signed contract. Site means the property where the Work is performed. Change Order means a written amendment to the scope, price or schedule of the Work. Deliverables includes drawings, plans, photographs, documentation and reports the Company provides to the Client.
Eligibility and Authority
The website and services are intended for adults who can form a binding contract. By engaging the Company, you confirm that you are at least the age of majority in your jurisdiction and that you have the legal capacity to enter into an agreement. If you act for a business, an estate, a trust or another person, you confirm that you are authorized to bind that party to these terms and to any project contract.
If you provide information about a property that you do not own, you confirm that you have the authority of the owner to request work and to authorize access for the Company and its subcontractors. The Company may ask for reasonable evidence of authority before beginning Work.
Permitted Website Use
You may use the website for lawful purposes related to learning about the Company and its services, contacting the Company, and evaluating whether to engage the Company for a project. You may view, print and save pages for your own non commercial reference. You may share links to the website freely.
You may not copy substantial portions of the website for republication, use automated tools to scrape the website at volume, or present the content as your own. Any use beyond the permissions in these terms requires the prior written consent of the Company.
Prohibited Conduct
You agree not to misuse the website or the services. Prohibited conduct includes attempting to gain unauthorized access to any system, interfering with the normal operation of the website, introducing malicious code, using the website to harass or defraud any person, submitting false or misleading information, and using the website in violation of any applicable law or regulation.
You also agree not to reproduce, resell or exploit the services or Deliverables for a commercial purpose without written permission, not to remove or obscure proprietary notices, and not to use the Company name or marks in a way that suggests endorsement or partnership without express written consent. The Company may suspend or terminate access to the website for conduct that violates these terms.
Intellectual Property
All content on the website, including text, layout, graphics, illustrations, logos and the garden path and wall design system, is owned by or licensed to FFK GARDIN CONTRACTORS INC and is protected by copyright and other intellectual property laws. Nothing in these terms transfers ownership of that content to you.
Drawings, plans, irrigation calculations, lighting plans and other Deliverables prepared for a project remain the intellectual property of the Company. The Client receives a license to use the Deliverables for the specific property and purpose for which they were prepared. The Client may not reuse the Deliverables at another property or provide them to another contractor without written consent, except where the Client has paid in full and applicable law provides otherwise.
Estimates and Quotes
The Company prepares estimates based on the information available at the time, including the site visit, the scope you describe and the materials then specified. An estimate is not a final fixed price unless it expressly states that it is fixed. Estimates may be adjusted to reflect measured quantities, site conditions discovered after excavation, material price changes, or changes you request.
Unless an estimate states otherwise, it remains valid for thirty days from the date it is issued. Acceptance may be given in writing, by electronic signature, by reply email, or by payment of a deposit, whichever the estimate specifies. The Company is not obligated to begin Work until acceptance is confirmed and any required deposit has cleared.
Scope and Change Orders
The scope of Work is defined in the accepted estimate or signed contract. Any addition, deletion or modification to that scope is a change that must be recorded in a Change Order before the affected work proceeds. Change Orders state the change in scope, any adjustment to price, and any effect on the schedule.
The Company will not perform work outside the agreed scope without a Change Order, and the Client is not obligated to pay for work that was not authorized. Verbal requests may be honored in an emergency to protect property or safety, but they will be documented in a Change Order as soon as practical. Delays caused by unresolved change requests may affect the schedule and may be treated as a Client caused delay.
Scheduling and Access
The Company will provide an estimated start date and a sequence of work. Schedules depend on weather, material availability, permit review, utility coordination and site readiness. Outdoor construction is especially sensitive to frost, heavy rain and extreme heat, and the Company may adjust the schedule to protect the quality of the finished garden.
The Client agrees to provide safe and reasonable access to the Site during agreed working hours and to ensure that vehicles, equipment and materials can reach the work area. The Client agrees to keep children and pets clear of active work zones, to secure valuables, and to remove obstacles that are not part of the Work. If access is not available when the crew arrives, the Company may charge for the lost time.
Pricing and Payment
Prices are stated in United States dollars unless the estimate says otherwise. Unless the estimate provides a different structure, the Company requires a deposit before Work begins, progress payments at agreed milestones, and payment of the balance on completion. Payment terms are stated on each invoice.
Invoices are due on the terms shown, typically within fifteen days of the invoice date. The Company may pause Work, withhold Deliverables, or suspend maintenance visits if an invoice remains unpaid past its due date. Interest may be charged on overdue balances at the rate stated on the invoice or the maximum allowed by law, whichever is lower. The Client is responsible for reasonable costs of collection, including legal fees, where collection becomes necessary. Payments are not refundable once materials are ordered or Work is performed, except as required by law or as these terms provide.
Client Responsibilities
The Client is responsible for providing accurate information about the property, including known utilities, easements, restrictions, drainage problems and prior work. The Client is responsible for obtaining any consent required from a landlord, an owners association, a neighbor or a co owner before Work begins. The Client is responsible for decisions about plant selection, material finishes and layout within the time needed to keep the schedule.
The Client agrees to review plans and documentation promptly, to attend agreed meetings, and to raise concerns as soon as they arise so that corrections can be made before work advances. The Client is responsible for protecting items that remain on the Site and that are not part of the Work.
Materials and Substitutions
Natural stone, timber and plant material vary in color, texture, dimension and figure. The Company presents samples and describes expected ranges, but it cannot guarantee that every unit will match a sample exactly. Such variation is a characteristic of natural material and is not a defect.
If a specified material becomes unavailable or unsuitable, the Company may propose a comparable substitute of equal or better quality and will seek the Client approval before installing it. Where the Client approves a substitution, the change is recorded in a Change Order. Plant material is guaranteed to be true to type at the time of installation; the Company selects stock for the climate but cannot control weather, pests, watering and other factors after hand over.
Subcontractors
The Company may engage subcontractors and suppliers to perform portions of the Work, including specialized trades such as electrical or plumbing connections where licensing is required. The Company remains responsible for coordinating the Work and for the standard of the final result, subject to the limitations in these terms.
Subcontractors are expected to carry appropriate insurance and licenses and to follow applicable safety rules. The Client agrees not to engage a subcontractor directly for work that is part of the Company scope during the project or within a reasonable period afterward without the Company written consent.
Site Conditions and Utilities
Underground conditions are not fully visible before excavation. The Company will use reasonable care and will coordinate with utility locating services where required, but the Client acknowledges that unmarked pipes, cables, tanks, footings, rocks and contaminated soil may be discovered during the Work. If such conditions affect cost or schedule, the Company will notify the Client and proceed by Change Order.
The Client is responsible for locating private utilities that a public locating service does not mark, including private irrigation lines, landscape wiring and septic components. The Company is not responsible for damage to unmarked private utilities that the Client did not identify, though the Company will take reasonable care to avoid known lines.
Permits and Approvals
Some garden walls, retaining structures, drainage connections and electrical work may require permits, inspections or approvals from local authorities or an owners association. The Company will advise the Client where a permit appears necessary and can assist with the application, but unless the contract says otherwise, the Client is responsible for obtaining approvals and for any associated fees.
The Client agrees not to ask the Company to perform work that would violate a permit condition, a building code or an association rule. If an inspection requires changes to completed work, the resulting cost is handled through a Change Order unless the change corrects a defect in the Company workmanship.
Workmanship Warranty
The Company warrants its workmanship against defects for a period of twelve months from substantial completion, unless the project contract states a different period. Within that period, the Company will repair a workmanship defect at no charge for labor and standard material, provided the Client has paid in full and has maintained the Work as directed. This warranty applies to the quality of installation rather than to the natural aging of stone, timber or plant material.
The warranty does not cover damage caused by misuse, neglect, vehicle traffic beyond design, alterations by others, root growth, soil movement, extreme weather beyond design assumptions, or failure to follow care instructions. This warranty is in addition to any rights the Client has under applicable law, and it is the exclusive remedy for a workmanship defect unless the law provides otherwise.
Maintenance Services
Maintenance and repair services are provided on the schedule and frequency stated in the applicable service plan. A maintenance visit normally includes inspection, minor repair, resetting of loose paving, irrigation checks, fixture replacement and seasonal planting care within the agreed scope. Major repairs discovered during maintenance are quoted separately.
Maintenance plans renew as stated in the service agreement and may be cancelled by either party with the notice period provided in that agreement. The Company may adjust the fee for a renewal to reflect changes in scope, site conditions or material costs, and will give the Client advance notice of any increase.
Cancellation and Suspension
The Client may cancel a project by written notice. If cancellation occurs after the Company has ordered materials, mobilized a crew or performed work, the Client is responsible for the value of work performed, the cost of materials that cannot be returned, and reasonable demobilization costs. Deposits are applied against those amounts.
The Company may suspend or terminate Work if the Client fails to pay an invoice, fails to provide access, requests work that violates the law, or creates an unsafe condition on the Site. If the Company suspends Work for a Client cause, the schedule may be extended and the Client may be responsible for reasonable costs of the suspension and remobilization.
Limitation of Liability
To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost enjoyment, loss of use or damage to property that is not the subject of the Work. The Company total liability arising from the services or the website is limited to the amount the Client paid to the Company for the specific Work giving rise to the claim, unless a different limit is stated in the project contract or required by law.
Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, willful misconduct or death or personal injury caused by negligence where the law prohibits such a limit. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.
Indemnity
To the extent permitted by law, the Client agrees to indemnify and hold harmless the Company, its team and its subcontractors from claims, damages, losses and reasonable expenses arising from the Client provision of inaccurate information, the Client failure to disclose known site conditions or utilities, work the Client performs or directs others to perform, and any violation by the Client of these terms or applicable law.
The Company agrees to indemnify and hold harmless the Client from claims arising from the Company negligent performance of the Work or the Company violation of applicable law, to the extent permitted by law and subject to the limitations in these terms.
Force Majeure
The Company is not responsible for delay or failure caused by events beyond its reasonable control. Such events include severe weather, flooding, wildfire, earthquake, public health emergencies, labor disputes, material shortages, transportation failures, utility outages, government action and other circumstances that make performance impractical or unsafe.
When a force majeure event occurs, the Company will notify the Client, take reasonable steps to limit the effect, and resume Work as soon as conditions allow. The schedule will be extended accordingly, and neither party will be considered in breach for the period of the event.
Dispute Resolution
The parties agree to attempt to resolve any dispute through good faith discussion and, where appropriate, mediation before pursuing formal proceedings. A party raising a dispute should give written notice describing the issue, the outcome sought and the supporting facts. The parties will meet or correspond within a reasonable time and will exchange the information needed to evaluate the matter.
If mediation does not resolve the dispute, the parties may pursue their rights in a court of competent jurisdiction as provided in the governing law section. Each party bears its own costs unless a law or a written agreement provides otherwise. Nothing in this section prevents either party from seeking urgent relief to protect safety, property or confidential information.
Governing Law
These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law rules. The parties agree that the state and federal courts located in Utah are the proper venue for any proceeding that is not resolved through the dispute process, unless a mandatory consumer protection rule in the Client jurisdiction requires otherwise.
If any provision of these terms is found unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be modified to the minimum extent needed to make it enforceable while preserving its intent.
Changes to These Terms
The Company may revise these Terms of Service from time to time to reflect changes in its practices, its services or the law. When a material change is made, the Company will update the effective date and, where appropriate, provide a prominent notice on the website. The revised terms apply to website use from the effective date and to new projects accepted after that date.
Project contracts already in force are governed by the terms in effect when they were signed unless the parties agree in writing to adopt the revised terms. The Client is encouraged to review these terms periodically and to keep a copy for reference.