Privacy Policy

Nunez Landscape Services — Manteca, California

Effective Date: September 18, 2026

Last Updated: September 18, 2026

Document Type: Customer Privacy Policy

1. Introduction — About This Policy

Nunez Landscape Services (“we,” “us,” or “our”) is a residential and commercial landscaping company owned and operated by Rafael Nunez, located in Manteca, California. We are committed to protecting the privacy and personal information of our customers, prospective customers, website visitors, and anyone who contacts or interacts with our business.

This Privacy Policy explains what personal information we collect, how we use and share it, how long we retain it, the rights you have regarding your information, and how to contact us with questions or privacy-related requests.

This policy applies to:

● Current and prospective customers who request or receive landscaping services;

● Individuals who contact us by phone, text message (SMS), email, or any online inquiry form;

● Visitors to any website operated by Nunez Landscape Services; and

● Any other individual whose personal information we collect in connection with our business operations.

By engaging with our services or communicating with us, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with the practices described herein, please refrain from using our services or providing personal information to us.

This policy is reviewed and updated at minimum every twelve (12) months, as required under California law.

2. Information We Collect

We collect personal information in the ordinary course of providing landscaping services and conducting business operations. The categories of personal information we may collect include the following:

2.1 Personal Identifiers

● Full name;

● Home or business mailing address;

● Service property address (which may differ from billing address);

● Phone number (landline or mobile);

● Email address.

2.2 Payment and Financial Information

● Billing name and billing address;

● Payment method type (e.g., credit card, debit card, check);

● Transaction history, invoice records, and receipts.

Important: We do not store full credit card or debit card numbers on our systems. Payment card information is collected and processed exclusively by third-party payment processors who maintain their own security and compliance standards (see Section 5 for details).

2.3 Service Information

● Property address and description of the service location;

● Nature and scope of landscaping service requests;

● Service history, including dates, work performed, and materials used;

● Photographs of the property taken for service documentation, before-and-after records, or quality assurance purposes.

2.4 Communications Records

● Records of phone calls made to or received from our dedicated business number;

● Text message (SMS) correspondence;

● Email messages and online inquiry submissions;

● Notes from customer service interactions.

2.5 Website Usage Data

If you visit a website operated by Nunez Landscape Services, we or our service providers may automatically collect certain technical information, including:

● IP address;

● Browser type and version;

● Pages visited and time spent on pages;

● Referring website or source;

● Device type and operating system.

This data is collected through standard web server logs and, where applicable, cookies or similar technologies. You may adjust your browser settings to limit certain data collection.

2.6 Sensitive Personal Information

We generally do not seek to collect sensitive personal information as defined under the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.140(ae), including but not limited to Social Security numbers, government-issued identification numbers, financial account credentials, health or medical information, racial or ethnic origin, religious beliefs, or biometric data.

If, in limited circumstances, the provision of sensitive personal information becomes necessary to fulfill a service request or legal obligation, we will handle such information with heightened care and limit its use to the specific purpose for which it was collected. We do not use or disclose sensitive personal information for purposes beyond those permitted by California law.

3. How We Use Your Information

We use the personal information we collect for the following purposes:

● Service Delivery: To schedule, coordinate, and perform residential and commercial landscaping services at your property;

● Appointment Communications: To send appointment reminders, service confirmations, arrival notifications, and follow-up communications;

● Invoicing and Billing: To issue invoices, send receipts, and manage billing records;

● Payment Processing: To process payments for services rendered through our authorized payment processors;

● Customer Service: To respond to inquiries, resolve complaints, and address service-related concerns;

● Phone and SMS Communications: To communicate with you via calls and text messages, subject to applicable consent requirements described in Section 4 of this policy;

● Business Operations: To maintain internal business records, analyze service trends, improve service quality, and manage our operations efficiently;

● Marketing and Promotions: To send promotional offers, seasonal specials, or information about new services — only where you have provided prior express written consent as required by applicable law;

● Safety and Documentation: To document property conditions through photographs for service records and quality control purposes;

● Legal Compliance: To comply with applicable federal and state laws, regulations, and legal processes, including tax and accounting obligations;

● Dispute Resolution: To establish, exercise, or defend legal claims in connection with our services.

We will not use your personal information for purposes materially inconsistent with those described above without providing you prior notice and, where required, obtaining your consent.

4. Dedicated Phone Number & Communications Policy (TCPA Compliance)

Nunez Landscape Services uses a dedicated business phone number as our primary channel for all customer communications. This policy governs how we contact customers by phone and text message and reflects our commitment to compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable California law, including the California Business and Professions Code.

4.1 Types of Communications

Customers and prospective customers may receive calls and/or SMS text messages from our dedicated business number for the following purposes:

● Appointment scheduling, confirmation, and reminders;

● Service updates, delay notifications, or arrival estimates;

● Billing inquiries and payment notifications;

● Invoices and receipts;

● Responses to customer inquiries;

● Promotional offers, seasonal specials, and new service announcements (with prior express written consent only).

4.2 Consent Requirements

We obtain appropriate consent before sending communications via SMS:

● Transactional/Service SMS: By providing your mobile phone number in connection with scheduling or receiving services, you consent to receive non-marketing service-related text messages from us.

● Marketing/Promotional SMS: We will obtain your prior express written consent before sending any marketing or promotional text messages, as required under the TCPA and applicable FCC regulations. Such consent will be obtained through a clear and conspicuous disclosure.

Consent is not a condition of purchasing services. You are not required to consent to receive marketing communications in order to obtain landscaping services from us.

4.3 How to Opt Out

● Text Messages (SMS): Reply STOP to any text message you receive from us at any time. You will receive a confirmation message and will be removed from our messaging list promptly.

● Phone Calls: Call or email us at the contact information provided in Section 12 of this policy and request to be added to our internal Do Not Call list.

● Email: Reply to any email we send with “UNSUBSCRIBE” in the subject line, or email us directly at nunezlandscapinginc@gmail.com with a request to opt out of future communications.

Opt-out requests will be honored within a reasonable time, not to exceed ten (10) business days, in accordance with applicable law.

4.4 Message and Data Rates

Standard message and data rates may apply to text messages sent and received. These charges are assessed by your mobile carrier and are not controlled by Nunez Landscape Services. Please contact your carrier for details about your plan.

4.5 Calling Hours

In compliance with the TCPA, 47 C.F.R. § 64.1200, we restrict outbound telephone calls and text messages to the following hours:

8:00 AM – 9:00 PM, Pacific Time (Monday through Saturday)

We will endeavor to contact customers at times that are convenient and respectful of personal schedules.

4.6 Do Not Call Compliance

● We maintain an internal Do Not Call list and will honor all opt-out requests as described above;

● We honor registrations on the National Do Not Call Registry, maintained by the Federal Trade Commission, for marketing-purpose calls;

● Existing business relationship exceptions may apply under applicable TCPA provisions for non-marketing, service-related communications.

5. How We Share Your Information

We respect your privacy and do not sell your personal information. The following describes the limited circumstances under which we may share personal information with third parties:

Recipient Category

Purpose

Safeguards

Payment Processors

To securely process customer payments for services rendered

Data processing agreements; PCI-DSS compliance required

Scheduling Software Providers

To manage appointment scheduling, service history, and customer records

Data processing agreements; access limited to necessary functions

Communication Platforms

To facilitate phone calls and SMS text messaging with customers

Data processing agreements; TCPA-compliant platforms required

Law Enforcement / Courts / Government Agencies

To comply with legal obligations, court orders, subpoenas, or regulatory requirements

Disclosure limited to what is legally required

Business Successors

In the event of a merger, acquisition, sale of business assets, or reorganization

Successor bound by this policy or required to provide equivalent protections

We do not sell personal information. We do not share, rent, trade, or otherwise disclose personal information to unaffiliated third parties for their own marketing, advertising, or commercial purposes. This applies to all customers, including California residents whose rights are governed by the CCPA and CPRA.

6. Data Retention

We retain personal information only for as long as necessary to fulfill the purposes described in this policy, to comply with our legal obligations, and to resolve disputes. Our general data retention practices are as follows:

Data Category

Retention Period

Basis

Customer contact and service records

Up to 5 years after the date of last service

Business operations; dispute resolution

Communications records (calls, texts, emails)

Up to 2 years from the date of communication

TCPA compliance; customer service documentation

Payment and financial records

Up to 7 years, or as required by law

IRS requirements; California tax law; accounting obligations

Property photographs

Up to 3 years after last service, unless otherwise requested

Quality assurance; dispute documentation

Website usage / technical log data

Up to 12 months

Security monitoring; analytics

Upon receiving a verified consumer deletion request (see Section 8), we will delete or de-identify personal information in a manner consistent with applicable law, subject to any legal obligations that require us to retain certain records for a specified period.

7. Data Security

We take the security of your personal information seriously and implement reasonable and appropriate administrative, technical, and physical safeguards designed to protect your information from unauthorized access, disclosure, alteration, or destruction.

7.1 Security Measures

● Encryption: Sensitive personal information, including payment data, is transmitted using encryption protocols (e.g., TLS/SSL) where technically feasible;

● Access Controls: Access to personal information is limited to personnel who have a legitimate need-to-know in connection with their job responsibilities;

● Vendor Vetting: We require third-party service providers handling personal information to maintain appropriate security standards;

● Incident Response: We maintain procedures to identify, contain, and respond to data security incidents and, where required by law, to notify affected individuals and regulatory authorities in a timely manner consistent with California Civil Code § 1798.82 (California data breach notification law).

7.2 Limitation of Liability

While we strive to protect your personal information using commercially reasonable means, no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee absolute security of your personal information. In the event of a security incident affecting your personal information, we will notify you as required by applicable law.

8. Your California Privacy Rights (CCPA / CPRA)

If you are a California resident, you have specific privacy rights under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), codified at California Civil Code §§ 1798.100–1798.199.100. These rights are described below.

8.1 Your Rights

Right

Description

Right to Know

You have the right to request disclosure of the categories and specific pieces of personal information we have collected about you, the purposes for which it is used, and the categories of third parties with whom it is shared.

Right to Delete

You have the right to request deletion of personal information we have collected from you, subject to certain exceptions permitted by law (e.g., information necessary to complete a transaction, comply with a legal obligation, or exercise free speech).

Right to Correct

You have the right to request correction of inaccurate personal information we maintain about you, taking into account the nature of the information and the purposes for which it is processed.

Right to Opt Out of Sale or Sharing

You have the right to opt out of the sale or sharing of your personal information. We do not sell or share personal information with third parties for cross-context behavioral advertising purposes. No further action is required to exercise this right.

Right to Limit Use of Sensitive Personal Information

You have the right to request that we limit the use and disclosure of your sensitive personal information to purposes permitted under CPRA § 1798.121. As noted in Section 2.6, we generally do not collect sensitive personal information in the ordinary course of business.

Right to Non-Discrimination

We will not discriminate against you for exercising any of your California privacy rights. We will not deny services, charge different prices, or provide a lower quality of service because you exercised a right under the CCPA or CPRA.

8.2 How to Submit a Privacy Request

To exercise any of the rights described above, you may contact us using either of the following methods:

● By Phone: Call our dedicated business number and ask to submit a privacy request;

● By Email: Email us at nunezlandscapinginc@gmail.com with “Privacy Request” in the subject line.

8.3 Response Timeframe

We will respond to a verifiable consumer request within forty-five (45) calendar days of receipt. If we require additional time, we will notify you in writing of the reason and the extension period, not to exceed a total of ninety (90) calendar days from the date of receipt of the original request, as permitted under Cal. Civ. Code § 1798.130(a)(2).

8.4 Identity Verification

To protect your personal information and prevent unauthorized disclosure, we are required to verify your identity before processing a privacy request. Identity verification may include:

● Confirming your name and contact information on file with us;

● Verifying your service address or account details;

● Requesting additional identifying information proportionate to the sensitivity of the request.

We will not require you to create an account to submit a verifiable consumer request. We will not use personal information provided in a verification request for any purpose other than to verify your identity.

8.5 Authorized Agents

You may designate an authorized agent to submit a privacy request on your behalf. Authorized agents must provide written proof of their authorization to act on your behalf (e.g., a signed authorization letter or power of attorney). We may still contact you directly to verify your identity before processing a request submitted by an authorized agent, except where a valid power of attorney has been provided pursuant to California Probate Code §§ 4000–4465.

8.6 Annual Policy Review

As required under the CCPA and CPRA, we will review and update this Privacy Policy at least once every twelve (12) months. The “Last Updated” date at the top of this document reflects the most recent revision.

9. Children’s Privacy

Nunez Landscape Services does not direct its services, website, or marketing to children under the age of thirteen (13). We do not knowingly collect personal information from children under 13 years of age. If we become aware that we have inadvertently collected personal information from a child under 13 without verifiable parental consent, we will take prompt steps to delete such information from our records.

If you are a parent or legal guardian and believe that your child under the age of 13 has provided personal information to us without your consent, please contact us at nunezlandscapinginc@gmail.com with the subject line “Children’s Privacy” and include sufficient detail to allow us to locate and delete the information.

10. Third-Party Links and Services

Our website or communications may contain links to websites, applications, or services operated by third parties, including but not limited to social media platforms, review sites, or payment portals. This Privacy Policy applies only to the personal information collected by Nunez Landscape Services. It does not govern the privacy practices of any third-party website or service.

We are not responsible for the privacy policies, content, or data practices of third-party websites. We encourage you to review the privacy policies of any third-party website or service you visit or use. The inclusion of a link on our website or in our communications does not constitute an endorsement of the third party’s privacy practices.

11. Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time to reflect changes in our business practices, applicable law, or regulatory guidance. The updated policy will be posted with a revised “Effective Date” at the top of the document.

For material changes to this policy — meaning changes that significantly affect your rights or the ways in which we collect, use, or share personal information — we will notify affected customers by:

● Sending an email notification to the email address on file; and/or

● Sending an SMS text message notification to the mobile number on file (subject to your communication preferences and applicable consent).

Your continued use of our services or continued engagement with our business after the effective date of a revised policy constitutes your acknowledgment of the updated terms. If you do not agree with the updated policy, you may contact us to discuss your options or to request deletion of your personal information, subject to our legal retention obligations.

12. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us using the information below. For privacy-related requests, please include “Privacy Request” in the subject line of your email or state it clearly at the beginning of your call.

Business Name: Nunez Landscape Services

Owner: Rafael Nunez

Location: Manteca, California, United States

Email: nunezlandscapinginc@gmail.com

Privacy Request Subject Line: “Privacy Request”

We are committed to addressing your privacy concerns in a timely and respectful manner. All privacy requests will be acknowledged and processed in accordance with the timelines described in Section 8.3 of this policy.

By operating under this Privacy Policy, Nunez Landscape Services affirms its commitment to the responsible collection, use, and protection of personal information in accordance with applicable federal and California state law.

Rafael Nunez

Owner, Nunez Landscape Services

Manteca, California

Date: September 18, 2026

NUNEZ LANDSCAPE SERVICES

Terms of Service

Service Agreement & Client Terms and Conditions

Effective Date: September 18, 2026

Owner: Rafael Nunez | Manteca, California

Contact: nunezlandscapinginc@gmail.com

1. Introduction and Acceptance of Terms

2. Scope of Services

3. Client Responsibilities

4. Estimates, Quotes, and Service Agreements

5. Payment Terms

6. Cancellations and Rescheduling

7. Satisfaction and Redo Policy

8. Limitation of Liability

9. Warranties and Disclaimers

10. Property Damage and Insurance

11. Intellectual Property

12. Communications and Text Messaging

13. Dispute Resolution

14. Termination

15. General Provisions

16. Contact Information

SECTION 1. INTRODUCTION AND ACCEPTANCE OF TERMS

1.1 Parties and Agreement. These Terms of Service (this "Agreement") constitute a legally binding contract between Nunez Landscape Services, owned and operated by Rafael Nunez, located in Manteca, California ("Company," "we," "us," or "our"), and the individual, business, or entity engaging our services ("Client," "you," or "your"). By hiring, scheduling, or otherwise engaging Nunez Landscape Services — whether verbally, in writing, electronically, or through payment — you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.

1.2 Effective Date. This Agreement is effective as of September 18, 2026, and applies to all services performed on or after that date. Prior verbal or informal understandings that conflict with this Agreement are superseded by these terms.

1.3 Binding Nature. This Agreement forms a binding legal contract under the laws of the State of California. California Civil Code Section 1550 requires that a valid contract include mutual consent, lawful object, consideration, and parties capable of contracting — all of which are satisfied when a Client engages our services. By engaging Nunez Landscape Services, the Client affirms capacity to enter into this Agreement and, if acting on behalf of a business entity, affirms authority to bind that entity.

1.4 Updates and Amendments. Nunez Landscape Services reserves the right to update or modify this Agreement at any time. Updated terms will be communicated to Clients via email or written notice and will take effect no sooner than fifteen (15) days after notice is given. Your continued use of our services following notice of updated terms constitutes your acceptance of those changes. If you do not agree to updated terms, you must notify us in writing within the fifteen (15) day notice period and may cancel your service agreement without early-termination penalty.

1.5 Entire Understanding. Together with any individual service quote, invoice, or written service plan issued to you, this Agreement represents the entire understanding between the parties concerning landscape services and supersedes all prior communications, proposals, and representations, whether oral or written.

SECTION 2. SCOPE OF SERVICES

2.1 Services Offered. Nunez Landscape Services provides residential and commercial landscaping services in and around Manteca, California. Services include, but are not limited to, the following:

● Lawn mowing, edging, and trimming

● General landscape cleanup and debris removal

● Planting of annuals, perennials, shrubs, and trees

● Fertilization and soil amendment application

● Landscaping Design and Installation

● Irrigation system

● Tree and shrub pruning

● Seaso

● Other mutually agreed-upon outdoor property maintenance tasks

2.2 Service Documentation. The specific services to be performed for each Client will be described in individual service quotes, invoices, or written service plans issued by Nunez Landscape Services. In the event of a conflict between this Agreement and a specific written service quote or plan, the specific written document shall govern with respect to that particular engagement only.

2.3 Service Location. All services are performed at the property address(es) provided by the Client at the time of scheduling. The Client is responsible for ensuring that the address on file is accurate and current. Services will be delivered only to properties for which the Client has legal authority to authorize work (e.g., as owner or authorized tenant).

2.4 Right to Refuse or Discontinue Services. Nunez Landscape Services reserves the right to refuse to perform, pause, or permanently discontinue services at any time for any lawful reason, including but not limited to: unsafe property conditions, abusive or hostile conduct toward our staff, non-payment of outstanding balances, or circumstances that, in our professional judgment, would prevent safe or quality service delivery. We will provide reasonable notice where practicable. This right is consistent with California Business and Professions Code provisions governing contractor engagements.

2.5 Use of Subcontractors. Nunez Landscape Services may, at its discretion, engage licensed subcontractors to assist in the performance of certain services. When subcontractors are used, the Company remains responsible for the overall quality and execution of the agreed-upon work. Any subcontractors engaged by the Company are required to hold appropriate licensing as required under the California Contractors State License Board (CSLB) and carry their own liability insurance where applicable.

SECTION 3. CLIENT RESPONSIBILITIES

3.1 Accurate Information. The Client agrees to provide accurate, complete, and current information about the property to be serviced, including the correct address, property boundaries, and any special instructions. Inaccurate information that results in additional labor, equipment, or time may result in adjusted billing.

3.2 Property Access. The Client is responsible for ensuring that our crew has safe and reasonable access to the property at the scheduled service time. This includes, but is not limited to:

● Unlocking gates or access points before the scheduled arrival window

● Securing all pets in a manner that does not interfere with or endanger our crew

● Moving vehicles, equipment, or personal items that block access to areas to be serviced

● Notifying any property managers, tenants, or security personnel of scheduled service

3.3 Disclosure of Property Hazards. The Client must, prior to the commencement of any service, disclose to Nunez Landscape Services any known hazards on the property that may affect service delivery or crew safety, including but not limited to:

● Underground utilities, pipes, or irrigation lines not marked by California 811 (USA North or USA Dig Safe)

● Fragile, rare, or protected plant specimens

● Recent application of pesticides, herbicides, or other chemicals

● Unstable ground, sinkholes, or drainage issues

● Any other conditions that may pose a safety risk

Failure to disclose known hazards that result in damage or injury may limit or eliminate the Company's liability for resulting damages, as further described in Section 8 of this Agreement.

3.4 HOA and Local Compliance. Compliance with any Homeowners Association (HOA) rules, local municipal ordinances, or applicable codes governing landscaping, planting, water use, or property appearance is the sole responsibility of the Client. The Client agrees to obtain any necessary permits or approvals before directing us to perform work that may require them. Nunez Landscape Services shall not be liable for any fines, penalties, or corrective costs resulting from the Client's failure to comply with applicable regulations.

3.5 Timely Feedback. The Client agrees to provide timely feedback regarding completed work. Satisfaction concerns must be communicated within 48 hours of service completion, as described further in Section 7 of this Agreement. Feedback provided after that window may limit available remedies.

3.6 Valid Payment Method. Clients with recurring service plans must maintain a valid, current payment method on file with Nunez Landscape Services. It is the Client's responsibility to update payment information promptly if a payment method expires, is declined, or is canceled. Failure to maintain a valid payment method may result in service suspension per Section 5.6.

SECTION 4. ESTIMATES, QUOTES, AND SERVICE AGREEMENTS

4.1 Written Quotes. All written quotes or estimates provided by Nunez Landscape Services are valid for thirty (30) calendar days from the date of issuance, unless otherwise stated in the quote. Quotes not accepted within the validity period may be subject to revision based on updated labor costs, material pricing, or site conditions.

4.2 Estimates Are Not Guarantees. Written quotes are good-faith estimates based on information available at the time of assessment. Final pricing may vary from the estimate if actual site conditions differ materially from what was represented or observed during the initial assessment. Factors that may affect final pricing include, but are not limited to, overgrowth beyond described extent, hidden debris, difficult terrain, or discovery of hazardous materials requiring special handling.

4.3 Scope Changes. If, during the performance of services, our crew discovers conditions that require a material change in scope or a significant increase in cost, we will pause work and contact the Client for approval before proceeding. "Significant" is generally defined as a projected cost increase of twenty percent (20%) or more above the original quote. Minor adjustments within this threshold may be completed at our professional discretion and billed accordingly.

4.4 One-Time Services. One-time services are individual, non-recurring engagements governed by the specific quote or invoice issued for that job. These do not create an ongoing service relationship and are subject to the cancellation terms described in Section 6.1.

4.5 Recurring Service Plans. Recurring service plans are periodic (e.g., weekly, bi-weekly, or monthly) arrangements documented in a written service plan or ongoing service invoice. These plans continue until cancelled by either party pursuant to Section 14 of this Agreement. Pricing for recurring plans is reviewed periodically and subject to adjustment with thirty (30) days' written notice to the Client.

SECTION 5. PAYMENT TERMS

5.1 Payment Due Date. Payment for one-time services is due upon completion of the service, unless a different payment schedule has been agreed upon in writing prior to service. For recurring service plans, payment is due as specified in the service plan — either monthly in arrears or per visit, as mutually agreed. Invoices will be issued promptly upon service completion or at the agreed billing cycle.

5.2 Accepted Payment Methods. Nunez Landscape Services accepts the following payment methods:

● Cash

● Personal or business check (made payable to Nunez Landscape Services)

● Credit card or debit card

● Electronic payment platforms (e.g., Venmo, Zelle, PayPal) as designated by the Company

We reserve the right to discontinue acceptance of any particular payment method at our discretion with reasonable prior notice.

5.3 Late Payment Fee. Invoices that remain unpaid fifteen (15) days after the due date are subject to a late payment fee of one and one-half percent (1.5%) per month (18% annually) on the outstanding balance, calculated from the original due date until paid in full. This late fee is consistent with commercially reasonable practices under California Civil Code Section 1671.

5.4 Returned Check Fee. A returned check fee of thirty-five dollars ($35.00) will be assessed for any check returned by the bank for any reason, including but not limited to insufficient funds or a closed account. The Client remains responsible for the full original invoice amount plus the returned check fee. Nunez Landscape Services reserves the right to require future payments from that Client in cash or electronic form only.

5.5 Service Suspension for Delinquent Accounts. Accounts with outstanding unpaid balances more than thirty (30) days past due may be suspended at Nunez Landscape Services' sole discretion. We will attempt to contact the Client before suspension. Suspended accounts will not receive service until the outstanding balance, including any applicable late fees, is paid in full.

5.6 Collections and Legal Costs. Outstanding balances that remain unpaid after sixty (60) days may be referred to a third-party collections agency or submitted to small claims or civil court for recovery. In such cases, the Client agrees to be responsible for all reasonable costs of collection, including but not limited to collections agency fees, court filing fees, and reasonable attorneys' fees, to the extent permitted by California law.

5.7 Payment Summary Table.

Payment Item

Terms / Amount

One-Time Service Payment

Due upon service completion (unless otherwise agreed in writing)

Recurring Plan Billing

Monthly or per-visit, as specified in service plan

Late Payment Fee

1.5% per month on balance unpaid after 15 days

Returned Check Fee

$35.00 per occurrence

Service Suspension Threshold

30 days past due

Collections Referral Threshold

60 days past due

SECTION 6. CANCELLATIONS AND RESCHEDULING

6.1 One-Time Service Cancellations. Clients who need to cancel or reschedule a one-time service must provide notice at least forty-eight (48) hours before the scheduled service time to avoid a cancellation fee. Cancellations made with less than 48 hours' notice may be subject to a cancellation fee of up to fifty percent (50%) of the quoted service price, reflecting the cost of reserved crew time and mobilization.

6.2 Recurring Service Plan Cancellations. To cancel a recurring service plan, the Client must provide thirty (30) days' written notice via email or written letter to Nunez Landscape Services. The Client remains responsible for payment of all services rendered during the notice period. Cancellations that do not comply with this notice requirement may result in a charge equivalent to one visit at the recurring plan rate.

6.3 Company-Initiated Rescheduling. Nunez Landscape Services reserves the right to reschedule or cancel scheduled services due to circumstances beyond our reasonable control, including but not limited to: inclement weather or hazardous weather conditions, equipment failure or unavailability, crew illness or emergency, or other unsafe site or travel conditions. We will provide the Client with as much advance notice as practicable and will reschedule affected services at the earliest mutually convenient time. No cancellation fees will be assessed to the Client in these circumstances.

6.4 Inaccessible Property / No-Show Charge. If our crew arrives at the scheduled property at the agreed time and is unable to access or service the property due to conditions within the Client's control (e.g., locked gate, aggressive pet, blocked access), a trip charge of up to fifty dollars ($50.00) may be assessed to cover crew time and vehicle costs. The Company will make one documented attempt to contact the Client before assessing a trip charge.

6.5 How to Cancel or Reschedule. Cancellation and rescheduling requests may be submitted by:

● Email to: nunezlandscapinginc@gmail.com

● Text or phone call to the Company's designated scheduling number

All cancellations are subject to confirmation. Requests submitted without confirmation from the Company should not be assumed received.

SECTION 7. SATISFACTION AND REDO POLICY

7.1 Our Commitment. Nunez Landscape Services takes pride in delivering quality workmanship. If you are not satisfied with the results of a completed service, we want the opportunity to make it right. We ask that all concerns be reported to us within forty-eight (48) hours of service completion. Concerns submitted after this window may not be eligible for a complimentary redo.

7.2 Redo Policy. Upon receiving a timely concern, we will evaluate the reported issue and, if the concern falls within the scope of the agreed service and is attributable to our workmanship, we will make reasonable efforts to correct the issue at no additional charge. We will schedule the corrective visit within a reasonable timeframe based on crew availability, typically within five (5) to ten (10) business days.

7.3 Exclusions from Redo Policy. The redo policy does not apply to:

● Pre-existing property conditions present before service was performed

● Damage or results attributable to weather, drought, pests, disease, or other natural causes beyond our control

● Results outside the agreed scope of service

● Client-directed work where the Client made specific instruction choices that produced the outcome

● Conditions that worsened after service completion due to lack of Client maintenance

7.4 How to Report a Concern. Concerns should be submitted by email to nunezlandscapinginc@gmail.com or by contacting our scheduling line. Please include a brief description of the concern, the date of service, and, where possible, photos illustrating the issue. This information helps us respond efficiently and fairly.

SECTION 8. LIMITATION OF LIABILITY

8.1 General Liability Insurance. Nunez Landscape Services maintains general liability insurance coverage to protect against claims arising from our operations. Clients may request a certificate of insurance upon written request. Claims for covered property damage must be submitted through the Company's insurer as described in Section 10.

8.2 Exclusions from Liability. Notwithstanding any other provision of this Agreement, Nunez Landscape Services shall not be liable for damages arising from any of the following:

● Pre-existing conditions: Damage, deterioration, or conditions existing on the property before service was performed.

● Undisclosed underground utilities: Damage to underground utilities, irrigation lines, pipes, cables, or structures that were not disclosed by the Client or properly marked by California 811 digAlert prior to service.

● Natural conditions: Loss or damage caused by drought, frost, excessive heat, pests, plant disease, soil conditions, or other natural or environmental factors beyond our reasonable control.

● Client-disclosed or client-directed hazards: Damage resulting from the Client's failure to disclose known property hazards, or arising from the Client's specific service instructions.

● Ordinary wear and incidental marks: Minor impacts from normal operation of landscaping equipment, including minor compaction of soil, small marks on hardscape surfaces, or incidental contact from mowers or trimmers consistent with standard landscaping practices.

8.3 Cap on Liability. To the maximum extent permitted by applicable California law, the total cumulative liability of Nunez Landscape Services for any claim arising out of or related to a specific service shall not exceed the total amount paid by the Client for that specific service engagement. This limitation applies regardless of the form of action (contract, tort, negligence, or otherwise).

8.4 No Indirect or Consequential Damages. Nunez Landscape Services shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the performance or non-performance of services, even if we have been advised of the possibility of such damages. This includes, without limitation, lost profits, loss of use, loss of property value, or emotional distress claims.

8.5 Force Majeure. Neither party shall be liable for delay or failure to perform obligations under this Agreement to the extent such failure results from causes beyond their reasonable control, including but not limited to: acts of God, fire, flood, earthquake, severe storms, pandemic, government-imposed restrictions, labor shortages, supply chain disruptions, or other circumstances constituting force majeure under California law. The affected party shall provide prompt written notice and resume performance as soon as reasonably practicable.

SECTION 9. WARRANTIES AND DISCLAIMERS

9.1 Workmanship Warranty. Nunez Landscape Services warrants that all services will be performed in a professional, workmanlike manner consistent with applicable industry standards for landscaping services in the Central Valley region of California. This warranty applies to the quality of labor and execution, not to outcomes affected by conditions outside our control.

9.2 Plant Survival Disclaimer. We do not warrant the survival of any plants, sod, seed, or living materials installed as part of our services beyond thirty (30) days after installation. Plant survival is subject to factors beyond our control, including but not limited to soil composition, weather conditions, irrigation adequacy, drainage, pest pressure, and ongoing Client maintenance. The Client is responsible for appropriate watering, fertilization, and care after installation unless an ongoing maintenance agreement is in place.

9.3 Treatment Disclaimers. No warranty is made regarding the effectiveness of treatments for pre-existing pest infestations, fungal diseases, invasive weed populations, or other conditions that were present on the property prior to our engagement. Results from such treatments may vary based on severity of infestation, environmental conditions, and the biological nature of the organisms being treated. We will communicate realistic expectations prior to performing such treatments.

9.4 General Disclaimer on Results. Landscaping results are inherently variable and depend on many factors beyond the direct control of Nunez Landscape Services, including soil quality, local climate and microclimate, rainfall patterns, sun exposure, Client maintenance between visits, and pre-existing property conditions. We make no representations or guarantees that any specific aesthetic outcome will be achieved beyond what is expressly agreed upon in a written service plan.

9.5 No Other Warranties. Except as expressly set forth in this Section, Nunez Landscape Services makes no other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, to the maximum extent permitted by California law.

SECTION 10. PROPERTY DAMAGE AND INSURANCE

10.1 Reporting Damage. If the Client believes that Nunez Landscape Services caused damage to their property during a service visit, the Client must notify us in writing within seventy-two (72) hours of the service date. Notice should be submitted to nunezlandscapinginc@gmail.com with the subject line "Property Damage Claim" and should include the service date, a description of the alleged damage, and photographs where available. Claims submitted more than 72 hours after service completion may not be considered, as it becomes difficult to establish causation after that period.

10.2 Insurance Claims Process. Nunez Landscape Services carries general liability insurance. Valid claims for property damage attributable to our operations will be processed through our insurer. The Company will provide insurance contact information upon receipt of a written damage report. The Client agrees to cooperate in the claims process, including allowing inspection of the alleged damage.

10.3 Normal Wear Exclusion. The Company is not responsible for minor incidental effects that are a normal and expected result of professional landscaping equipment use, including but not limited to: slight soil compaction in turf areas, minor scuffs or marks on pavers or hardscape surfaces resulting from equipment operation, minor clippings on non-target areas, or residual wheel impressions from mowing equipment on soft ground.

10.4 Underground Utility Damage. The Client is responsible for notifying California 811 (digAlert) to mark underground utilities prior to any service that involves digging, drilling, or soil disturbance. Damage to unmarked underground utilities that were not disclosed by the Client is not covered under the Company's insurance and the Company shall bear no liability for such damage.

SECTION 11. INTELLECTUAL PROPERTY

11.1 Photography and Portfolio Use. Nunez Landscape Services may take photographs or video of a Client's property before, during, and after the performance of services for the purpose of documenting our work, maintaining business records, and promoting our services through our website, social media accounts, and other marketing channels. All images taken by our personnel remain the intellectual property of Nunez Landscape Services.

11.2 Limited License Granted. By engaging our services, the Client grants Nunez Landscape Services a limited, non-exclusive, royalty-free license to use photographs and images of the Client's property (as improved through our services) for marketing, portfolio, and promotional purposes. This license does not include the right to identify the Client by name, display the property's address, or share personally identifying information about the Client without separate written consent.

11.3 Opt-Out Rights. Clients who do not wish to have their property photographed for marketing purposes may opt out by providing written notice to nunezgardening@gmail.com with the subject line "Photo Opt-Out." Upon receipt, Nunez Landscape Services will promptly cease using new images of that property for marketing purposes. Previously published images that have already been distributed through social media or other channels may not be retroactively removed in all cases, but we will make reasonable efforts to honor opt-out requests.

SECTION 12. COMMUNICATIONS AND TEXT MESSAGING

12.1 Consent to Communications. By providing a phone number to Nunez Landscape Services, the Client expressly consents to receive service-related communications via phone call, text message (SMS), or multimedia message (MMS) to that number. Service-related communications include scheduling confirmations, appointment reminders, service updates, payment notifications, and other transactional messages necessary for the delivery of our services.

12.2 Opt-Out of Text Messages. The Client may opt out of text message communications at any time by:

● Replying STOP to any text message received from Nunez Landscape Services

● Sending a written opt-out request to nunezgardening@gmail.com with the subject line "Text Opt-Out"

Upon opt-out, we will cease sending text messages to the indicated number for marketing and non-essential communications. Transactional messages necessary for active service delivery may continue until the Client's service is completed or terminated.

12.3 Marketing Communications. The Client's consent to service-related communications does not constitute consent to receive marketing or promotional messages unrelated to scheduled or active services. Marketing messages (such as seasonal promotions, referral programs, or new service announcements) require a separate, affirmative written or electronic consent from the Client.

12.4 Carrier Charges. Standard message and data rates may apply to text message communications based on the Client's mobile carrier plan. Nunez Landscape Services is not responsible for any charges incurred by the Client in connection with receiving or sending communications.

12.5 Email Communications. The Client consents to receive service-related communications via email at the address provided to Nunez Landscape Services. Email opt-out requests may be submitted at any time to nunezlandscapinginc@gmail.com.

SECTION 13. DISPUTE RESOLUTION

13.1 Good-Faith Informal Resolution. In the event of a dispute arising out of or relating to this Agreement or the services provided under it, the parties agree to first attempt to resolve the dispute informally. The party initiating the dispute must provide written notice to the other party describing the nature of the dispute and the relief sought. The parties agree to engage in good-faith discussions for a period of thirty (30) calendar days following receipt of the written notice in an effort to reach a mutually acceptable resolution before pursuing formal proceedings.

13.2 Binding Arbitration. If the parties are unable to resolve the dispute through informal negotiation within the thirty (30) day period described in Section 13.1, either party may initiate binding arbitration. Such arbitration shall be conducted in San Joaquin County, California, under the rules of JAMS (Judicial Arbitration and Mediation Services) or the American Arbitration Association (AAA), as selected by the initiating party. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Arbitration Costs. Each party shall bear its own attorneys' fees and costs in connection with arbitration, except that arbitration filing fees and arbitrator fees shall be shared equally between the parties unless the arbitrator determines otherwise based on the outcome and circumstances of the dispute.

13.4 Class Action Waiver. The Client agrees that any dispute shall be resolved solely on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action or proceeding. Neither party may bring claims against the other as part of a class action, consolidated action, or representative action. This waiver applies to the fullest extent permitted by California law.

13.5 Small Claims Court. Notwithstanding the foregoing, either party retains the right to bring an individual claim in California Small Claims Court for disputes that fall within the court's jurisdictional monetary limits without first engaging in informal resolution or arbitration. Nunez Landscape Services will not seek to compel arbitration for a claim properly brought in small claims court.

13.6 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. For any court proceedings not subject to arbitration (including enforcement of an arbitration award or small claims matters), the parties consent to exclusive jurisdiction and venue in the courts of San Joaquin County, California.

SECTION 14. TERMINATION

14.1 Termination by Either Party. Either the Client or Nunez Landscape Services may terminate a recurring service arrangement at any time by providing thirty (30) days' written notice to the other party. During the notice period, the Client remains responsible for payment of all services rendered. One-time service agreements terminate automatically upon completion of the specified service and full payment.

14.2 Immediate Termination by Company. Nunez Landscape Services reserves the right to terminate any service agreement immediately, without advance notice, upon the occurrence of any of the following:

● Non-payment or repeated late payment of invoices

● Abusive, threatening, or hostile conduct directed at any Nunez Landscape Services employee, crew member, or subcontractor

● Conditions on the property that pose an immediate safety risk to our crew that the Client refuses to correct

● Fraudulent, deceptive, or materially misleading representations made by the Client

● Any other material breach of this Agreement by the Client that remains uncured five (5) days after written notice

14.3 Effect of Termination. Upon termination of this Agreement for any reason: (a) all outstanding invoices become immediately due and payable; (b) the Client's right to receive services ceases; (c) provisions of this Agreement that by their nature survive termination — including payment obligations, limitation of liability, dispute resolution, and general provisions — shall continue in full force and effect.

SECTION 15. GENERAL PROVISIONS

15.1 Entire Agreement. This Agreement, together with any applicable service quotes, invoices, or written service plans issued by Nunez Landscape Services, constitutes the entire agreement between the parties with respect to landscaping services and supersedes all prior negotiations, representations, warranties, understandings, or agreements, whether oral or written, relating to the subject matter hereof. No prior course of dealing or usage of trade shall modify, supplement, or explain any term used in this Agreement.

15.2 Severability. If any provision of this Agreement is held by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from this Agreement. The remaining provisions of this Agreement shall continue in full force and effect, and the invalidity of one provision shall not affect the validity of any other provision.

15.3 Waiver. No failure or delay by Nunez Landscape Services in exercising any right, remedy, or power under this Agreement shall operate as a waiver of that right, remedy, or power. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof. A waiver of any particular breach or default does not constitute a waiver of any subsequent breach or default of the same or any other provision.

15.4 Amendment. No amendment, modification, or addition to this Agreement shall be effective unless made in writing and signed (or electronically acknowledged) by both parties. Written notice of amendments may be delivered by email to the Client's address on file. As noted in Section 1.4, continued use of services following notice of updated terms constitutes acceptance.

15.5 Assignment. The Client may not assign, transfer, delegate, or sublicense any of their rights, duties, or obligations under this Agreement to any third party without the prior written consent of Nunez Landscape Services. Any purported assignment without such consent is void. Nunez Landscape Services may assign this Agreement to a successor entity in connection with a sale of the business or substantially all of its assets, provided that the successor assumes all obligations hereunder.

15.6 Headings. Section headings are for convenience and organizational purposes only and shall not affect the interpretation of any provision of this Agreement.

15.7 Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Electronic signatures and acknowledgments (including email confirmation or digital acceptance of a quote) shall be deemed valid and binding to the extent permitted under California law, including the California Uniform Electronic Transactions Act (California Civil Code Sections 1633.1 et seq.).

SECTION 16. CONTACT INFORMATION

For questions, concerns, service requests, or formal notices under this Agreement, please use the following contact information:

Nunez Landscape Services

Owner: Rafael Nunez

Location: Manteca, California, United States

Email: nunezgardening@gmail.com

Phone/Scheduling: Available via the Company's designated scheduling number on file with active Clients

For formal legal notices, disputes, or written cancellation requests as required under this Agreement, please send written notice to the email address above with the subject line: "Formal Notice — [Nature of Notice]" (for example: "Formal Notice — Cancellation" or "Formal Notice — Dispute"). Written notice sent by email is considered received upon confirmation of delivery or within one (1) business day of sending, whichever is earlier.

ACKNOWLEDGMENT AND AGREEMENT

By engaging the services of Nunez Landscape Services — whether by signing below, authorizing service verbally or in writing, making payment, or permitting our crew to perform work on your property — you acknowledge that you have read, understood, and agree to be bound by this Terms of Service Agreement in its entirety, effective as of the date services are first performed.