Plow Town General Services - Terms of Service (TOS)

Effective Date: 10/18/2024

Preamble

These Terms of Service ("TOS") are established by Plow Town, located in Fairbanks, Alaska. By contracting Plow Town for general services ("Services"), the Client unequivocally acknowledges and agrees to the provisions laid forth herein. The TOS is intended to ensure clarity, trust, and mutual understanding between Plow Town and its Clients, forming a binding agreement upon engagement of services.

1. Definitions:

• “Client” refers to any individual, company, or entity that has duly contracted or paid Plow Town for its Services.

• “Service” or “Services” pertains to specific tasks that the Client has duly contracted or paid, including but not limited to: snow removal, winter maintenance, and any additional services as agreed upon by both Parties.

• “Party” refers to either Plow Town or the Client, and “Parties” refers to both Plow Town and the Client collectively.

• “Active Client” refers to a Client who has purchased services within the last ninety (90) days, unless they have purchased the REDLIGHT subscription plans, which shall be bound by the REDLIGHT TOS.

2. Service Descriptions:

Services requested by the Client will be discussed, defined, and agreed upon before commencement of services. Rates, timelines, and other specifics will be based on the scope of the task, equipment required, and other pertinent factors. Any verbal agreements or promises made by representatives of Plow Town are not binding unless included in the written or digital service agreement, which supersedes any and all previous verbal agreements.

3. Service & Inclusion Provisions:

The scope, deliverables, and inclusions of the Services provided under this TOS will be enumerated in the initial brief given to the Client at the commencement of the agreement. Any changes to the scope after commencement must be agreed upon in writing, or in digital format, by both Parties and may be documented as an amendment to the original service agreement.

Timeliness of service is contingent on weather conditions, Acts of God, Plow Town Equipment functionality, property accessibility, and other unforeseeable events. See Section 5 for more details.

Plow Town Subscribers take priority over any standard Plow Town Clients. If scheduling conflicts arise, non-subscribing Clients agree to cede their timeslots in favor of existing subscription holders. In such cases, Plow Town will reschedule the affected non-subscribing Clients to a different day/time, appropriate to within Plow Town’s published active Business Hours. These Clients will be promptly informed of the rescheduled service, and if the new schedule is not suitable, have the right to request a full refund for the service.

4. Customer Obligations & Expectations:

Clients must ensure Plow Town's unobstructed access to the designated areas for service delivery. Clients must inform Plow Town of any potential hazards on the property that might impact service delivery. This includes, but is not limited to, hidden objects, electrical wires, underground pipes, (etc).

Clients are responsible for providing safe and accessible conditions for Plow Town's operations. Notification of specific requirements, hindrances, or obstructions must be communicated via call, text, email, or formal letter to Plow Town at least 24 hours prior to service delivery. Failure to accurately provide this information may result in Plow Town charging the Client the full "callout fee" if Plow Town is unable to complete service due to unexpected property conditions.

Clients are responsible for acquiring and maintaining any necessary permissions or licenses for Plow Town to provide Services on their property.

Emergency services, defined as those requested with less than 4 hours notice, are available. An emergency service fee may be levied for each individual emergency request, with final prices dependent on overall scope, demand, and complexity. Emergency service fees are non-refundable.

5. Contingencies:

Acts of God, extreme weather events, natural disasters, strikes, governmental actions, equipment failures, or any unforeseen circumstances beyond Plow Town's control may result in delays or disruptions in service delivery. Under such circumstances, neither Party shall be liable for any failure or delay in performing their obligations under this TOS. Both Parties agree to communicate promptly and make reasonable efforts to fulfill their obligations as soon as possible. Plow Town may subcontract other individuals/companies to complete required services to prevent service disruption. Clients will be kept informed of any rescheduling or reallocation of services. If a new schedule or service change is not suitable for the Client, the Client retains the right to request a full refund for services paid.

6. Liability and Indemnification:

Plow Town shall not be liable for indirect, incidental, consequential, or punitive damages arising out of or related to the Services provided. The total liability of Plow Town for any claim related to the Services shall not exceed the total amount paid by the Client for those Services. The Client agrees to indemnify and hold harmless Plow Town, its agents, contractors, and employees from any claims, damages, or expenses arising from the Client's negligence or willful misconduct.

As of the effective date, Plow Town is not currently insured or bonded. Clients acknowledge and accept the inherent risks associated with our services. Plow Town is actively seeking appropriate insurance coverage to better protect both parties. By purchasing Plow Town’s services, the Client acknowledges and accepts inherent risks linked to winter maintenance and snow plowing, including possible unexpected property damage. All liability claims against Parties shall be limited to the total financial cost of services provided per order.

Plow Town shall exercise reasonable care in performing Services. However, the Client hereby releases and holds Plow Town harmless from any liability arising from incidental damages occurring during service operations working the serviced property. This includes (but is not limited to): any and all snow-covered objects/items, landscape disturbances, underground utilities, minor contact with vehicles and/or non-residential structures.

Plow Town shall not be held accountable for any pre-existing structural or foundational problems on the Client’s property that may manifest or be exacerbated due to plowing or other snow-removal related activities. If a Client attempts to hold Plow Town liable for such pre-existing damages, Plow Town will immediately seek criminal proceedings subject to Section 11 of this agreement.

In the event of any unintentional damage caused directly as a result of our services, Plow Town commits to undertaking all reasonable efforts to rectify and amend such damages. This is a testament to our dedication to maintaining goodwill and fostering trust with our esteemed Clients. Plow Town also emphasizes its commitment to maintaining well-trained staff, state-of-the-art equipment, and upholding the highest standards of professionalism to minimize these risks.

7. Payment & Financial Terms:

Payments are due as stipulated in this service agreement. Failure to make timely payments may result in the suspension of services until payment is received. Clients will be responsible for any additional costs incurred due to delays in payment.

Delinquent Payments are defined as any invoice exceeding ninety (90) days unpaid after completed service, whereas Late Payments are defined as any invoice exceeding thirty (30) days unpaid after completed service. Plow Town reserves the right to suspend Services for any delay in invoice payments exceeding thirty (30) days from the due date. Any charges associated with certain payment methods, as mutually agreed upon by the Parties, will be borne by the Client.

Late payments shall be subject to a late fee of $25 per month, or an interest charge of 1.5% per month on the outstanding balance (whichever is greater). Delinquent payments shall be subject to a late fee of $50 per month, or an interest charge of 3% per month on the outstanding balance (whichever is greater). This provision shall be perpetual unless specified otherwise in a private payment/financing agreement between Client and Plow Town.

Clients will be duly informed of impending payments either through electronic mail (email), phone calls, SMS (text), or through traditional mailed invoices.

Any additional services requested outside of the agreed scope will be billed separately, and payment will be due as per the individual invoice terms.

8. Termination:

Plow Town reserves the unequivocal right to conclude this agreement at its sole discretion at any time, for any reason.

If Plow Town decides to terminate this agreement, Plow Town shall provide explicit and immediate written and/or digital notice to the Client. Upon termination, Plow Town shall be compensated for all Services rendered up to the termination date. Prepaid amounts for Services not rendered shall be refunded to the Client.

Clients may terminate this agreement with thirty (30) days written notice. If Services have been prepaid beyond the termination date, the Client will receive a pro-rata refund for unused Services. Early termination penalties, if any, will be detailed in the specific service agreement.

9. Amendments:

Plow Town reserves the right to modify this TOS at any time. Such modifications will be communicated to active Clients at least thirty (30) days prior to becoming effective. Active Clients will be notified via email, phone, SMS, or mailed invoices. Continued use of Services after the effective date constitutes acceptance of the amended TOS. If no official communication is sent to active Clients after a change to the TOS, the previous TOS shall remain legally binding until the new TOS is explicitly delivered to active Clients. Existing (active) Clients have the right to reject changes to the TOS within thirty (30) days after receiving notice of the changes (via email or certified mail). If rejected, their effective TOS will automatically revert to the previously agreed TOS for a maximum of six (6) months. During this period, the Client must resolve or challenge the updated TOS issues with Plow Town individually; otherwise, the Client will automatically agree to the most recently published TOS after the six (6) month period.

10. Confidentiality Clause:

All personal, proprietary, or otherwise sensitive data shared with or by Plow Town shall be treated with the utmost confidentiality. Plow Town shall not disclose, disseminate, or share such information without express permission from the Client, barring legally mandated disclosures. This commitment is pivotal in upholding the trust and privacy of our esteemed clientele.

Plow Town is committed to protecting the privacy of its Clients. Any personal information collected during the provision of Services will be used solely for service delivery and communication purposes. Plow Town will implement reasonable security measures to safeguard Client data against unauthorized access, disclosure, alteration, or destruction. Clients have the right to request access to their personal data and request corrections or deletions as permitted by Alaska State law.

11. Arbitration Clause:

In the event of any disputes or disagreements arising from or relating to this TOS or the Services provided, the Parties agree to first attempt to resolve the dispute through amicable good-faith discussions to reach a mutual resolution. If left unresolved, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Fairbanks, Alaska, and the decision shall be final and binding.

• FOR CIVIL MATTERS: Both the Client and Plow Town agree to resolve all civil disputes through binding arbitration, thereby waiving the right to initiate legal proceedings in any civil jurisdiction. Decisions rendered through arbitration shall be final and binding on both Parties. However, disputes related to the Client's non-payment or excessive debt, where Plow Town has provided evidence of such issues for over ninety (90) days, shall be exempt from arbitration and may be pursued by Plow Town through civil legal proceedings. In cases of non-payment, the Client expressly agrees not to file a Notice of Completion with the State of Alaska for services rendered by Plow Town during the period of arrears. If the Client files a Notice of Completion contrary to this agreement, Plow Town reserves the right to reclaim all costs for services and products provided since the beginning of the client/business relationship.

• FOR CRIMINAL MATTERS: Any criminal disputes will be handled by the appropriate legal authorities and/or the Alaska Court System.

12. Governing Law & Jurisdiction:

This TOS shall be governed by, and construed in accordance with, the laws of the State of Alaska. Any disputes arising shall undergo an agreed-upon mediation process. If unresolved, civil disputes shall be subject to the exclusive jurisdiction of courts located within the State of Alaska.

13. Waiver:

The waiver by either Party of a breach, default, delay, or omission of any provisions of the TOS by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. Such waiver to be valid shall be in writing and duly signed by the waiving Party.

14. Contact Information:

For any concerns, queries, or clarifications regarding this TOS, Parties may contact Plow Town at contact@plowtown.co.

15: Severability

If any provision of this TOS is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

16. Entire Agreement:

This TOS, along with any schedules, appendices, or exhibits, constitutes the entire agreement between the Parties and supersedes any prior understandings, written or oral, relating to the subject matter of this TOS. No prior agreements or representations shall be considered part of this contract unless incorporated herein.

By contracting or purchasing any/all Plow Town’s Services, the Client acknowledges having read, comprehended, and consented to all the aforementioned Terms and Conditions.