Terms of Service

1. Acceptance of terms

These Terms of Service apply when you visit the Dewpoint LLC website, use the client portal, request service, approve an estimate, schedule work, pay an invoice, save a payment method, or otherwise do business with Dewpoint. By using the website, CRM, portal, or services, you agree to these terms.

2. Company information

Dewpoint LLC provides irrigation, landscaping, retaining walls and hardscape, lawn care, pruning and tree care, planting and design, landscape planning, maintenance, memberships, and related outdoor services. Dewpoint LLC operates under Oregon LCB# 100919.

3. Estimates, proposals, and contracts

Estimates and proposals are based on the information available when they are prepared. A written estimate, proposal, membership agreement, signed contract, or approved work order may contain job-specific scope, pricing, payment terms, dates, exclusions, notices, and warranty terms. If a job-specific document conflicts with these Terms, the job-specific document controls for that job.

Oregon landscaping work may require a written contract when the charge is $2,000 or more for work at the same job site, for the same owner, within a 12-month period. Required written contracts and notices are handled separately from this website page.

4. Scope of work

Dewpoint is responsible only for the work expressly described in the accepted estimate, contract, membership, or approved work order. Work not listed is excluded unless added by written change order, written approval, portal approval, email approval, text approval, or another record accepted by Dewpoint.

5. Change orders and unknown conditions

Outdoor work can reveal hidden or changing conditions, including buried utilities, roots, rock, clay, drainage issues, failed irrigation parts, rotten materials, unstable soils, pest damage, undocumented prior work, or code requirements. Dewpoint may pause work, recommend changes, or issue a change order when conditions differ from what was visible or reasonably expected.

6. Scheduling and access

Scheduling depends on weather, material availability, crew availability, property access, customer approvals, permit timing, and prior jobs. You agree to provide safe access to the property, gates, water shutoffs, controllers, electrical outlets, pets, parking, and work areas. Missed access, unsafe conditions, or delayed approvals may affect schedule and cost.

7. Customer responsibilities

You are responsible for ownership or authority to approve work, accurate property information, HOA or landlord approvals, marking private utilities not covered by public utility locate services, disclosing known hazards, securing pets, removing personal items, and watering or care instructions after installation unless Dewpoint has expressly agreed to provide that care.

8. Utilities and site markings

Dewpoint may request public utility locates where appropriate. Public locates do not usually mark private irrigation lines, low-voltage lighting, drain lines, invisible dog fencing, private electrical lines, gas grill lines, septic components, or owner-installed utilities. Dewpoint is not responsible for unmarked, mismarked, undisclosed, or privately installed utilities except where caused by Dewpoint's negligence.

9. Materials, plants, and substitutions

Materials and plants may vary by supplier availability, seasonal conditions, natural variation, and manufacturer changes. Dewpoint may recommend substitutions of similar function, quality, size, or appearance when the originally planned item is unavailable or impractical. Natural materials such as stone, soil, bark, gravel, wood, and plants vary in color, texture, shape, and performance.

10. Irrigation and water use

Irrigation recommendations depend on system condition, pressure, coverage, controller settings, plant needs, soil, grade, weather, and water restrictions. Dewpoint can repair, adjust, program, or improve systems, but plant health and lawn performance also depend on proper watering, drainage, soil conditions, weather, mowing, pets, traffic, and ongoing care.

11. Payment terms

Invoices are due according to the estimate, contract, invoice, membership, or approved payment schedule. If no different due date is stated, invoices are due upon receipt. Dewpoint may pause scheduling, withhold further work, cancel future visits, or limit portal access when invoices are overdue.

12. Automatic charges for due invoices

If you place a payment method on file with Dewpoint or through the client portal, you authorize Dewpoint and its payment processor to charge that payment method for due invoices, approved work, memberships, recurring services, service calls, materials, labor, change orders, late balances, and other amounts you owe Dewpoint. This authorization applies to invoices that are due now or become due later, unless a job-specific written agreement states otherwise.

You are responsible for keeping payment information current. If a charge fails, you remain responsible for the balance and any lawful costs of collection. You may request removal of a saved payment method, but removal does not cancel amounts already owed or charges already initiated.

13. Deposits, cancellations, and delays

Dewpoint may require deposits, progress payments, material payments, or prepayment before scheduling or ordering materials. Deposits may become non-refundable to the extent they cover design time, administration, mobilization, special orders, restocking fees, permits, materials, or reserved schedule time. Customer-caused delays may change pricing or schedule.

14. Late payments and collection

Past-due balances may be subject to late fees, interest, collection costs, attorney fees, lien rights, or other remedies allowed by law and by the applicable contract or invoice. Dewpoint may apply payments to the oldest outstanding balance first unless required otherwise by law.

15. Warranty and plant survival

Any warranty must be stated in the applicable estimate, contract, membership terms, or written warranty document. Unless stated otherwise, warranties do not cover neglect, improper watering, owner or third-party changes, animal damage, vandalism, extreme weather, freeze damage, heat stress, disease, pests, drainage problems, soil problems, pre-existing conditions, or failures caused by conditions outside Dewpoint's control.

16. Maintenance and aftercare

Landscapes are living systems and require ongoing maintenance. New lawns, plants, trees, irrigation repairs, drainage work, hardscapes, and soil improvements may require watering, monitoring, adjustment, pruning, cleanup, and seasonal care after installation. Unless Dewpoint is hired for maintenance, aftercare is the customer's responsibility.

17. Permits, rules, and third parties

Permits, engineering, HOA approvals, utility approvals, water-provider requirements, and third-party inspections may be required for some work. Responsibility for permits and approvals should be stated in the job-specific contract or estimate. Dewpoint is not responsible for delays caused by agencies, inspectors, utilities, HOAs, suppliers, engineers, subcontractors, or other third parties outside Dewpoint's control.

18. Photos and project documentation

Dewpoint may photograph or document work areas before, during, and after service for estimating, planning, quality control, warranty records, training, insurance, dispute resolution, and portfolio use. Dewpoint will avoid intentionally publishing private identifying information such as house numbers, license plates, or personal documents without permission.

19. Website and CRM use

You agree not to misuse the website, forms, client portal, or CRM; attempt unauthorized access; upload harmful code; interfere with systems; impersonate another person; or submit false, unlawful, or misleading information. Dewpoint may restrict access when needed to protect customers, data, payment systems, or business operations.

20. Limitation of liability

To the fullest extent allowed by law, Dewpoint is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of use, lost profits, plant loss, water charges, property-value changes, or delays, except where Oregon law does not permit such limitation. Dewpoint's total liability is limited to the amount paid for the specific service giving rise to the claim unless a written contract or law requires otherwise.

21. Disputes

If a concern arises, you agree to notify Dewpoint promptly and allow a reasonable opportunity to inspect and address the issue before hiring others or making alterations that affect the claimed condition. Any mediation, arbitration, court venue, attorney-fee, or complaint-right provisions in a written contract or required notice control where applicable.

22. Privacy

Use of the website, CRM, portal, forms, and services is also governed by the Privacy Policy.

23. Changes to these terms

Dewpoint may update these Terms of Service from time to time. The updated date at the top of this page shows the current version. Changes apply prospectively unless a written contract states otherwise.

24. Contact

Questions about these Terms may be sent to kyle@dewpoint.online or by calling (971) 278-4323.