There is a $100.00 delivery & installation charge and a security
deposit equivalent to one month's lease/service fee applied to each
1. LOCATION OF EASYGREENZ™. When You agree to the EasyGreenz™ TOS We will deliver the EasyGreenz™ that
You selected to Your specified location (within the EasyGreenz™ program
zones). You agree that during the term of this agreement, EasyGreenz™
may not be moved from their specified locations for any reason without Our
2. ACCESS TO EASYGREENZ™. You agree to allow access to
EasyGreenz™ for regularly scheduled service and installation of
replacement plants as we may deem necessary during Your normal business
hours. If We are unable to obtain access as scheduled, replacement
guarantees on the affected EasyGreenz™ will be suspended for 60 days and
You agree to pay for the replacement plant at Our list price less a 20%
courtesy discount if We determine that replacement is necessary within the
60 day suspension period. If after the 60 day suspension We determine that
no replacement is necessary, the guarantee provision will be re-initiated.
OF EASYGREENZ™. We shall retain ownership of the EasyGreenz™ during
the term of this agreement and You agree that You will not relocate them
to another address without Our written permission. You further agree that
upon early termination of this agreement, You will allow
access to Your premises for Our retrieval of EasyGreenz™.
SERVICE OF EASYGREENZ™. We will
provide regularly scheduled service of the EasyGreenz™ and such service
shall consist of watering, cleaning, pruning, trimming, fertilizing and orientation of
the EasyGreenz™ to the available light source. We will also keep
EasyGreenz™ free from visible pest infestations and should pest
infestations become noticeably visible, we will replace the affected plant
under the terms of our guarantee provision.
REPLACEMENT OF EASYGREENZ™. Should any plant become diseased,
distressed or unsightly, We will provide a replacement plant of equal size and
value as determined by availability. This will be at no added charge to
You, except in the event that the replacement is required for one of the
A) Accidental or malicious damage.
B) Well meaning care or watering by anyone other than Our representative.
C) Temperature extremes below 50 degrees Fahrenheit or above 90 degrees
for more than 12 hours.
D) Moving of EasyGreenz™ from their designated locations by anyone other
than Our representative.
E) Inaccessibility of EasyGreenz™.
F) Damage from cleaning or toxic solutions, gasses or pesticides, or salt
based water softening systems.
G) damage from construction/remodeling dust and/or debris, paint etc.
H) All other conditions and acts of God over which We have no control.
TERM, RENEWALS, SURCHARGES & ADJUSTMENTS. You understand and agree
that this contract is for the full contract term of 12 or 24 months as
selected when You placed your order. You agree that upon maturity of the
contract term, it will automatically be renewed on a month to month basis
unless you provide 30 days written notice to Us of your intent to not
renew. You agree that We may increase the monthly lease/service fee by up
to, but no more than 10% during any renewal period. You agree that after
12 months We may institute a surcharge, if necessary, to offset unusual
and exceptional increases in business costs and that this surcharge shall
be no greater than 5% of the monthly lease/service fee.
7. PRIVACY, SECURITY
& CREDIBILITY. You agree that You will not solicit, contract or
employ any representative or former representative of Ours for the
provision of plant sales/leasing or horticultural service within 12 months
of the maturity/termination of this contract or 12 months from Our
representative's separation from Our company. We agree that we will not
sell, lease or rent your personal information to any individual or
organization other than Our own or Our subsidiary or affiliated
organizations or Law Enforcement/Government agencies whom rightfully
PAYMENT, DEFAULT, REMEDIES.
You agree that Your monthly
lease/service fee for EasyGreenz™ is due in advance on the first day of
each month and Your account will be considered delinquent if We do
not receive Your payment prior to the beginning of the following month.
You agree that an administrative fee equivalent to 10% of the monthly fee
will be added to all remaining monthly invoices if You pay three
consecutive invoices more than thirty days late. In the event of the
aforementioned, We reserve the right to, and You agree that we may enter
your premises during Your normal business hours to retrieve the EasyGreenz™
and You agree that Your security deposit will be forfeited and that We
reserve the right to pursue legal action to enforce and collect all monies
due under the terms of this contract. You agree that should such action
become necessary, legal recourse will be administered and take place under
the laws of the state in which We are located.
You understand that you
are entering into a legally binding contract between You and the the
EasyGreenz™ Licensee that you selected when you placed your order and you
further agree and understand that EasyGreenz.com, Interiorplantscaper.com,
Fosterplants, Inc. and their successors, affiliates or subsidiaries or
heirs are in no way entering into any type of contract with you.