Terms of Service

1. Agreement to Terms

By accessing or using the Aquivus Irrigation Services website (the "Site") and our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms apply to all visitors, users, and others who access or use the Site and our services.

If you do not agree to these Terms, you may not access or use our Site or services. We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the new Terms on the Site with a new effective date or by other means as appropriate. Your continued use of the Site after such modifications constitutes your acceptance of the modified Terms.

2. Definitions

Throughout these Terms, the following definitions apply:

• "Company," "we," "us," or "our" refers to Aquivus Irrigation Services, its affiliates, subsidiaries, and representatives.
• "You" or "your" refers to the individual accessing or using the Site or our services, or the company or other legal entity on behalf of which such individual is accessing or using the Site or services.
• "Content" refers to text, images, photos, audio, video, location data, and all other forms of data or communication.
• "Services" refers to all irrigation-related services offered by Aquivus Irrigation Services, including but not limited to installation, repair, maintenance, consultation, and winterization services.
• "Site" refers to the Aquivus Irrigation Services website located at aquivusirrigation.com and any subdomains thereof.
• "User Content" refers to Content added, created, uploaded, submitted, distributed, or posted to the Site by users.

3. Services Description

Aquivus Irrigation Services provides professional irrigation services including but not limited to:

• Installation of new irrigation systems
• Repair and maintenance of existing irrigation systems
• System winterization and startup services
• Drip irrigation system design and installation
• Smart controller installation and programming
• Irrigation system audits and water conservation consulting
• Emergency repair services
• Landscape lighting installation and repair (where available)

All services are subject to availability and may vary by location. We reserve the right to modify, suspend, or discontinue any service at any time without prior notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any service.

4. User Accounts

When you create an account with us, you must provide us with accurate, complete, and current information. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We may suspend or terminate your account if we suspect that you have provided false information, violated these Terms, or engaged in fraudulent activities.

5. Service Agreements

When you engage our services, a separate service agreement or contract will be provided detailing the specific services to be performed, pricing, timelines, warranties, and other relevant terms. In the event of any conflict between these Terms and a specific service agreement, the service agreement shall prevail for that specific engagement.

All service estimates are valid for 30 days from the date of issue, unless otherwise specified. Estimates are based on the information available at the time of preparation and may be subject to change if site conditions differ from what was initially represented or discovered during the service execution.

6. Pricing and Payment Terms

All prices for services are quoted in US dollars. We reserve the right to adjust prices at any time, but price changes will not affect orders or service agreements already accepted by us.

Payment terms are as follows:

• For service calls and repairs under $500: Payment is due upon completion of service.
• For installations and projects over $500: A 50% deposit is required to schedule the work, with the balance due upon completion.
• For commercial accounts: Net 30 payment terms may be available subject to credit approval.

Late payments may be subject to interest charges of 1.5% per month (18% annually) or the maximum rate allowed by law, whichever is lower. You are responsible for all costs of collection, including reasonable attorney's fees, if we must take legal action to collect unpaid amounts.

7. Cancellation and Rescheduling Policy

If you need to cancel or reschedule a service appointment, we require at least 24 hours' notice. Cancellations with less than 24 hours' notice may be subject to a cancellation fee of $50 or 25% of the scheduled service cost, whichever is greater.

For installation projects, if you cancel after we have ordered materials specifically for your project, you will be responsible for the cost of those materials plus any restocking fees imposed by suppliers.

We reserve the right to cancel or reschedule services due to inclement weather, equipment failure, or other circumstances beyond our control without liability.

8. Intellectual Property Rights

The Site and its original content, features, and functionality are and will remain the exclusive property of Aquivus Irrigation Services and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Aquivus Irrigation Services.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial use in accordance with these Terms.

9. User Content

Our Site may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness.

By posting User Content on or through the Site, you represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We reserve the right to terminate the account of anyone found to be infringing on a copyright or other intellectual property rights.

10. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Otherwise attempt to interfere with the proper working of the Site.

11. Disclaimer of Warranties

Your use of the Site and our services is at your sole risk. The Site and services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Company does not warrant that:

• The Site will function uninterrupted, secure, or available at any particular time or location.
• Any errors or defects will be corrected.
• The Site is free of viruses or other harmful components.
• The results of using the Site or our services will meet your requirements.

No advice or information, whether oral or written, obtained by you from us or through the Site will create any warranty not expressly made in these Terms.

12. Limitation of Liability

In no event shall Aquivus Irrigation Services, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Site.
• Any conduct or content of any third party on the Site.
• Any content obtained from the Site.
• Unauthorized access, use, or alteration of your transmissions or content.

Our total cumulative liability to you for all claims arising from or related to these Terms, the Site, or our services shall not exceed the amount you paid to us in the six (6) months preceding the event giving rise to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless Aquivus Irrigation Services and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Site or our services.
• Your violation of these Terms.
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
• Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Site.

14. Governing Law and Jurisdiction

These Terms 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.

You agree to submit to the personal jurisdiction of the courts located in New York County, New York for the purpose of litigating all such claims or disputes.

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York, New York.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms constitute the entire agreement between you and Aquivus Irrigation Services regarding our Site and services and supersede and replace any prior agreements we might have had between us regarding the Site and services.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Aquivus Irrigation Services
19 Washington Square N
New York, NY 10011, USA
Email: legal@aquivusirrigation.com
Phone: (555) 123-4567