Terms of Service

Last updated: April 02, 2025

1. Introduction

Welcome to TopGarden ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at topgarden.site (the "Service") and any services provided by TopGarden.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

3. Services

TopGarden provides roof garden design, installation, maintenance, and consulting services. All services are provided subject to these terms and specific agreement terms as outlined in individual client contracts.

3.1. Service Descriptions

Descriptions of our services on the website are for informational purposes only. Specific scope, deliverables, and timelines will be detailed in individual client agreements.

3.2. Site Assessments and Consultations

Initial site assessments and consultations may be subject to fees, which will be clearly communicated before scheduling. Any recommendations provided during consultations are advisory in nature.

3.3. Design Services

All designs remain the intellectual property of TopGarden until full payment is received. Clients may use the designs only for the specific project for which they were created unless otherwise agreed in writing.

3.4. Installation Services

Installation services are subject to proper site access, appropriate weather conditions, and other factors that may affect scheduling. We reserve the right to reschedule installations due to adverse conditions without penalty.

3.5. Maintenance Services

Maintenance agreements specify the frequency and scope of services. Additional services requested outside the agreement will be billed separately at our standard rates.

4. Quotes and Pricing

Quotes provided are valid for 30 days unless otherwise specified. Prices are subject to change if the scope of work changes or if unforeseen circumstances arise during project execution.

4.1. Deposits and Payments

Most services require a deposit before work commences. Payment schedules will be outlined in client contracts. Failure to make payments as scheduled may result in work stoppage until payment is received.

4.2. Additional Costs

Any additional costs discovered during project execution will be communicated to the client for approval before proceeding with the work.

5. Warranties and Guarantees

TopGarden provides warranties on installation workmanship as specified in individual client contracts. Plant materials typically carry a limited warranty subject to proper maintenance and care.

5.1. Limitations of Warranties

Warranties do not cover damage resulting from acts of nature, improper maintenance, animal damage, or modifications made by parties other than TopGarden.

6. Client Responsibilities

Clients are responsible for:

• Providing accurate information about the property
• Securing necessary permits and approvals
• Ensuring structural suitability for roof gardens
• Providing access to the property for scheduled work
• Following care instructions for installed plant materials

7. Intellectual Property Rights

All content, features, and functionality of our Service, including but not limited to design, text, graphics, logos, icons, and images, are owned by TopGarden and are protected by copyright, trademark, and other intellectual property laws.

Design concepts, drawings, and specifications created by TopGarden remain our intellectual property until full payment is received, at which point clients receive a limited license to use these materials for the specific project only.

8. Limitation of Liability

In no event shall TopGarden, 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 use or inability to use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use or alteration of your transmissions or content

Our total liability for all claims related to services shall be limited to the total amount paid by you for the specific service giving rise to the claim.

9. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

If you wish to terminate a service agreement, please refer to the cancellation terms in your specific contract. Typically, a written notice period is required, and certain costs may be non-refundable.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

12. Force Majeure

TopGarden will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.