START IMAGINING BIRDS, LLC
TERMS AND CONDITIONS
START IMAGINING BIRDS’ bird feeder filling work and services (Services) are described in the Customer Quote document and also through the submission form or over the phone for a specific plan chosen by the CUSTOMER. Services include, and are limited to but may not include all of the following, removal of old seed from feeders, filling of feeders designated by CUSTOMER with new seed, cleaning of feeders by removal of old seed and wiping down feeders with tools including but not limited to brushes and cloths.
START IMAGINING BIRDS also provides a photography bird card (PRODUCT) that includes a photo of a bird on the front and a description including, but not limited to, the bird on the back. This is an independent offering which is, but does not have to be, separate from the bird feeder filling services (Services) described in the paragraph above.
CUSTOMER will be billed for Services as described in the Customer Quote document and also through the submission form on our website. At the end of each SERVICE MONTH (defined as the end of the current calendar month for which at least one service visit occurs). At the conclusion of each SERVICE MONTH, START IMAGINING BIRDS will provide the CUSTOMER with an invoice, either through regular mail or e-mail depending on CUSTOMER choice, based on the services provided during the previous month, if applicable. All payments are due in full 15 days from receipt of invoice. If invoices are not paid in full by the due date on invoice, START IMAGINING BIRDS is not obligated to continue the work and may stop work if the monthly invoices are not paid on a timely basis. CUSTOMER must pay all past due invoices in full prior to reinstatement of work. Currently cash or check is the only form of payment accepted. Each calendar month is a dedicated new SERVICE MONTH however the CUSTOMER may pay for several SERVICE MONTHS at one time. If the CUSTOMER decides to cancel their service before the end of the SERVICE MONTH, they will be invoiced for the appropriate amount of work that had been completed before cancelling.
CUSTOMER will pay for the PRODUCT through START IMAGINING BIRDS’ website store at time of purchase for the price shown on the website store. Appropriate sales tax and shipping may be charged to the CUSTOMER and will display at time of purchase for CUSTOMER to review. If a CUSTOMER has paid for more than one month of PRODUCT, START IMAGINING BIRDS will continue to ship PRODUCT to CUSTOMER as described by the purchase. Once an order has been fulfilled in its entirety, START IMAGINING BIRDS will not ship any further PRODUCT to the CUSTOMER until the CUSTOMER places a new order from START IMAGINING BIRDS’s website store and completes a new purchase transaction and receives and order confirmation by email. A CUSTOMER may cancel their order at any time to stop receiving the PRODUCT.
By signing up for and agreeing to START IMAGINING BIRDS Services, the CUSTOMER is giving full consent to allow a START IMAGINING BIRDS representative to step onto and access the CUSTOMER’s property to conduct the Services. The CUSTOMER does not need to be present or interact with START IMAGINING BIRDS representatives during the Services. If a property has a fence or gate preventing access to bird feeders, the CUSTOMER needs to inform START IMAGINING BIRDS before any Services are completed. Additionally, the CUSTOMER will be responsible for unlocking any fences or gates and then locking after Services have concluded.
If a property has a fence or gate preventing access to bird feeders, the CUSTOMER needs to inform START IMAGINING BIRDS before any Services are completed. Additionally, the CUSTOMER will be responsible for unlocking any fences or gates and then locking after Services have concluded. All pets need to be inside in order for START IMAGINING BIRDS to perform work. This will keep the staff and pets safe and prevent any unnecessary and avoidable incidents. If pets are outside upon our arrival, START IMAGINING BIRDS reserves the right to refuse work and will communicate with the CUSTOMER on a mutually agreeable date to reschedule. This will result in an additional fee of $20.
Term and Termination.
This Agreement shall commence on the date the Customer Quote document is signed and dated and that START IMAGINING BIRDS has received such signed Customer Quote document by mail. This Agreement may be terminated by either party immediately and without notice in the event that the other commits a material breach of any of its provisions and fails to cure any such breach within 10 days of receiving written notice from the other specifying the breach. Failure to make timely payments on monthly invoices constitutes a material breach of this Agreement.
This Agreement may also commence on the date a CUSTOMER places an order through START IMAGINING BIRDS’ website store. This Agreement shall remain in effect until CUSTOMER receives the complete PRODUCT order.
Disclaimer of Implied Warranties.
THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE WORK PERFORMED AND OR PRODUCT PROVIDED UNDER THIS AGREEMENT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. START IMAGINING BIRDS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The CUSTOMER agrees to indemnify, defend and hold START IMAGINING BIRDS, its owners, lawyers, accountants and employees harmless from and against any and all losses, claims, demands, damages, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees and the costs of any legal action arising from CUSTOMER’S use of the services. Such indemnification shall include, but not be limited to, claims for libel, slander, theft of misappropriation of intellectual property, or unauthorized use of any trademark, trade name, or service.
Limitation on Damages.
START IMAGINING BIRDS will work to provide high quality bird feeding services and PRODUCTS to the CUSTOMER. However, START IMAGINING BIRDS is not, and will not be liable or responsible for any consequential or incidental damages resulting from START IMAGINING BIRDS’ services, including, but not limited to, excess seed spillage, or feeder damage, regardless of whether such damages arose from START IMAGINING BIRDS’ negligence. In addition, START IMAGINING BIRDS is not, and will not be liable or responsible for any consequential or incidental damages or claims from START IMAGINING BIRDS’ PRODUCTS including, but not limited to, delayed shipments, incorrect shipments, missing or incorrect bird information, misuse of PRODUCT causing bodily harm, or damage to the PRODUCT while in transit to CUSTOMER provided address, regardless of whether such damages arose from START IMAGINING BIRDS’ negligence.
Limitation of Liability.
THE CUSTOMER AGREES THAT START IMAGINING BIRDS’ MAXIMUM LIABILITY TO THE CUSTOMER SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER TO START IMAGINING BIRDS FOR ONE MONTH OF SERVICE OR THE TOTAL VALUE OF AN ORDER PLACED THROUGH START IMAGINING BIRDS’ WEBSITE STORE FOR A PRODUCT AND IN NO EVENT SHALL START IMAGINING BIRDS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES HEREUNDER, INCLUDING BUT NOT LIMITED TO, LOSS OF SEED, LOSS OF BIRDS, OR FEEDER DAMAGE, DELAYED SHIPMENTS, INCORRECT SHIPMENTS, MISSING OR INCORRECT BIRD INFORMATION, MISUSE OF PRODUCT CAUSING BODILY HARM OR DAMAGE TO THE PRODUCT WHILE IN TRANSIT TO CUSTOMER PROVIDED ADDRESS, HOWEVER CAUSED. IN THE EVENT A START IMAGINING BIRDS REPRESENTATIVE CAUSES DAMAGE TO YOUR FEEDERS THROUGH OUR OWN CAUSE, START IMAGINING BIRDS MAY, AT ITS DISCRETION, REPLACE SUCH FEEDER WHICH, TO THE BEST OF START IMAGINING BIRDS ABILITY, WOULD BE OF SIMILAR TYPE AND COST TO EXISTING FEEDER. START IMAGINING IS NOT AND WILL NOT BE HELD LIABLE FOR PROPERTY ISSUES THAT ARISE SUCH AS MUDDY YARDS, SPILLED SEED OR INCIDENTS, INCLUDING BUT NOT LIMITED TO, STEPPING ON PLANTS OR WEAR AND TEAR ON YARDS. THE CUSTOMER SHOULD BE FULLY AWARE THAT BIRD FEEDING MAY CAUSE UNWANTED ANIMALS OR PESTS TO SHOW UP ON YOUR PROPERTY INCLUDING BUT NOT LIMITED TO CHIPMUNKS, SQUIRRELS, VOLES, MOLES, DEER, MICE, STARLINGS, GRACKLES, NUISANCE BIRDS AND RABBITS.
Governing Law and Language. This agreement shall be governed and construed in all respects by the internal laws of the State of New York. The venue of any legal action under this Agreement shall be Niagara County, New York.
Notices. Whenever, under the terms of or in connection with this Agreement, any notice, consent, approval, authorization or other information is required to be given by either party, such notice, consent, approval, authorization or other information shall be in writing and shall be given or made by electronic mail, facsimile, personal delivery, reputable overnight courier or registered or certified mail, return receipt requested and with all postage prepaid.
No Agency. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The amount to be paid to START IMAGINING BIRDS pursuant to this Agreement shall not be considered as salary, and START IMAGINING BIRDS shall not be entitled to participate in any of the CUSTOMER’s benefit plans. START IMAGINING BIRDS shall be solely responsible for the payment of all federal, state and local taxes, social security benefits, unemployment compensation and worker's compensation insurance. This Agreement or the creation of the Work creates no employer-employee relationship.
Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such un-enforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
ASSIGNMENT. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
Entire Agreement. This Agreement supersedes all previous agreements with respect to the subject matter hereof between START IMAGINING BIRDS and the CUSTOMER. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.