These Terms and Conditions (“Terms”) govern your use of the website located at spadefoot.eco and your engagement with the services provided by Spadefoot Design & Construction (“we,” “our,” or “us”). By accessing our website or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
Spadefoot Design & Construction provides native ecological landscaping, design, and construction services, including but not limited to site assessment, landscape design, native plant installation, ecological restoration, and ongoing land stewardship. The specific scope of services, timelines, and fees applicable to your project will be set forth in a separate written proposal and/or service agreement executed by both parties.
These Terms apply to all engagements with us and supplement any project-specific agreement. In the event of a conflict
between these Terms and a signed project agreement, the project agreement will control.
You may use our website for lawful purposes and in accordance with these Terms. You agree not to:
All content on this website, including text, photographs, graphics, logos, and design elements, is the property of Spadefoot Design & Construction or its content suppliers and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any website content without our express written permission.
We strive to keep our website available at all times but make no guarantees of uninterrupted or error-free access. We reserve the right to modify, suspend, or discontinue any portion of the website at any time without notice or liability.
Any proposal, estimate, or quote provided by us is valid for thirty (30) days from the date of issuance unless otherwise stated.
Proposals are subject to revision based on site conditions, material availability, or changes in project scope. A binding service agreement is formed only upon execution of a written contract by both parties.
We reserve the right to decline any project or service request at our sole discretion.
Payment terms, deposit requirements, and billing schedules will be specified in your project agreement. Unless otherwise agreed in writing:
Overdue balances may be subject to a late fee of 1.5% per month or the maximum rate permitted by applicable law, whichever is less. We reserve the right to suspend services on accounts with outstanding unpaid balances.
Any changes to the approved project scope must be submitted in writing and agreed upon by both parties through a formal change order. Changes may affect project cost, timeline, and material requirements. Work on changed scope will not begin until a written change order is executed.
Either party may cancel a project agreement in accordance with the cancellation terms set forth in the applicable service agreement. In the event of client-initiated cancellation, you may be responsible for costs incurred through the cancellation date, including labor, materials ordered, and applicable cancellation fees as specified in your agreement.
We source and install native plants appropriate for your site conditions, climate, and ecological goals. While we take every precaution to provide healthy plant material and professional installation, plant establishment success depends on factors outside our control, including weather, soil conditions, client maintenance, and wildlife activity.
Where a plant warranty is offered, the terms, duration, and conditions will be specified in your project agreement. Warranties are generally contingent upon proper watering, care, and maintenance by the client during the establishment period.
To ensure successful project outcomes, you agree to:
You are responsible for locating and marking all underground utilities prior to any excavation or installation work.
To the fullest extent permitted by applicable law, Spadefoot Design & Construction and its officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to a project shall not exceed the total fees paid by you to us for the specific project giving rise to the claim.
You agree to indemnify, defend, and hold harmless Spadefoot Design & Construction and its officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of our website or services; (b) your breach of these terms or any project agreement; (c) your violation of applicable law; or (d) any third-party claims arising from your actions or omissions in connection with a project.
Our website and services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.
Ecological restoration and native landscaping outcomes are inherently variable. We do not guarantee specific aesthetic results, plant survival rates, or ecological metrics beyond what is expressly stated in your project agreement.
These terms and any project agreements shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these terms or our services that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration in Suffolk County, New York, in accordance with the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.
If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
These terms, together with any executed project agreement, constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior discussions, representations, and agreements, whether written or oral.
We reserve the right to modify these terms at any time. Updated terms will be posted on our website with a revised effective date. Your continued use of our website or services after any changes constitutes your acceptance of the updated terms. We encourage you to review this page periodically.
Spadefoot Design & Construction
Email: info@spadefoot.eco
Website: spadefoot.eco
