Terms of Service

Last Updated: January 15, 2025

1. Introduction

Welcome to Legacy Gardenscapes ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at www.legacygardenscapes.com (together or individually "Service") operated by Legacy Gardenscapes Pvt. Ltd.

Our Services include landscape design, garden planning, horticultural consultation, and related services ("Services"). By accessing or using our Service, you ("Client", "you", "your") agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

2. Definitions

For purposes of these Terms:

  • "Agreement" means these Terms of Service together with any exhibits, schedules, attachments, and appendices.
  • "Client Content" means any content, materials, documents, or information that you provide to us.
  • "Deliverables" means the final designs, plans, and other materials we deliver to you under a Statement of Work.
  • "Statement of Work" or "SOW" means a document describing the Services to be performed by us, signed by both parties.
  • "Third-Party Materials" means materials and information, in any form or medium, that are not proprietary to us.

3. Services and Engagement

3.1 Scope of Services

We agree to provide the Services described in each SOW subject to these Terms. Each SOW will describe the Services, fees, timeline, and other relevant terms. In the event of any conflict between these Terms and a SOW, the SOW will control.

3.2 Client Responsibilities

You agree to:

  • Provide complete, accurate, and timely information necessary for us to perform the Services
  • Designate a project manager who will be available to respond to our inquiries
  • Obtain all necessary permissions, consents, licenses, or approvals required for the Services
  • Provide safe and timely access to the project site
  • Make timely payments as specified in the SOW

3.3 Changes to Scope

Any changes to the scope of Services must be agreed upon in writing by both parties. We will provide an estimate for any additional costs resulting from such changes before proceeding.

4. Fees and Payment

4.1 Fees

You agree to pay the fees specified in each SOW. Unless otherwise stated, fees are quoted in Indian Rupees and are exclusive of taxes, which will be added to invoices as applicable.

4.2 Payment Schedule

Payment terms will be specified in each SOW. Typical payment schedules include:

  • 30% deposit upon signing the SOW
  • 40% upon approval of preliminary designs
  • 30% upon completion of Services

4.3 Late Payments

Payments not received within 15 days of the due date will accrue interest at 1.5% per month or the maximum rate allowed by law, whichever is lower. We reserve the right to suspend Services for unpaid accounts.

5. Intellectual Property

5.1 Our Materials

We retain all rights, title, and interest in and to our pre-existing materials, methodologies, tools, and know-how ("Our Materials"). You receive a non-exclusive, non-transferable license to use Our Materials solely for your personal or internal business purposes related to the Services.

5.2 Deliverables

Upon full payment of all fees, we grant you a perpetual, non-exclusive, non-transferable license to use the Deliverables for the intended purpose. We retain the right to use the Deliverables in our portfolio and for promotional purposes.

5.3 Client Content

You retain ownership of any Client Content you provide. You grant us a limited license to use the Client Content solely to provide the Services.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information received from the other party. This obligation will survive for 5 years after termination of these Terms.

7. Warranties and Limitations

7.1 Our Warranties

We warrant that the Services will be performed in a professional manner consistent with industry standards. For plant materials, we warrant they will be healthy at time of installation, but cannot guarantee long-term survival as it depends on factors beyond our control.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL RESULT IN ANY PARTICULAR OUTCOME OR THAT PLANTS WILL THRIVE INDEFINITELY.

7.3 Limitation of Liability

IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES.

8. Term and Termination

8.1 Term

These Terms remain in effect until terminated or until completion of all SOWs, whichever is later.

8.2 Termination for Convenience

You may terminate a SOW with 30 days written notice. Upon termination, you will pay for all Services performed and expenses incurred up to the termination date, plus any cancellation fees specified in the SOW.

8.3 Termination for Cause

Either party may terminate these Terms or any SOW if the other party materially breaches these Terms and fails to cure such breach within 30 days of written notice.

9. Dispute Resolution

Any disputes arising under these Terms will first attempt to be resolved through good faith negotiations between the parties. If unresolved within 60 days, disputes will be submitted to binding arbitration in Bengaluru, India under the Arbitration and Conciliation Act, 1996.

10. Force Majeure

Neither party will be liable for failure to perform due to events beyond their reasonable control, including natural disasters, acts of government, or pandemics.

11. General Provisions

11.1 Independent Contractors

The relationship between the parties is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

11.2 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or successor entity.

11.3 Governing Law

These Terms shall be governed by the laws of India, without regard to conflict of law principles.

11.4 Entire Agreement

These Terms, together with any SOWs, constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements.

11.5 Amendments

We may modify these Terms at any time. The current version will be posted on our website. Continued use of our Services after changes constitutes acceptance.

11.6 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

11.7 Waiver

No waiver of any provision shall be effective unless in writing. Failure to enforce any right under these Terms shall not constitute a waiver.

12. Contact Information

For questions about these Terms, please contact us at:

Legacy Gardenscapes Pvt. Ltd.
24, Green View Layout
Off Bannerghatta Road
Bengaluru - 560076
India
Email: legal@legacygardenscapes.com
Phone: +91-80-26758934