Terms and Conditions, Privacy and Security


Privacy and Security

Privacy Policy

We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. We will not sell your personally identifiable information to anyone.

Security Policy

Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.

General Terms and Conditions

I. PAYMENT

Payment in full for services is due on the fifteenth day of each month. If payment is not received by the last day of the month, the greater of a service charge of $55.00 or 2% of the monthly payment will be assessed. If a management contract begins before the fifteenth of the month, initial billing shall be for that specific month. If a contract begins after the fifteen of the month, initial billing shall be for the following month.

The client will be invoiced following each service date. A 5% discount on the total Contract price will be given for an account paid in full before the first service date. Due to the seasonal nature of our service, if a Contract is cancelled prior to fulfillment of the term length, final billing, at the discretion of Tom’s Outdoor Living shall be for the balance of services completed up to the date of cancellation and due upon receipt. Withholding payment due to incomplete work shall not be accepted as reason for said withholding, unless written notice is received by Tom’s Outdoor Living within thirty (30) days of the date of invoice providing an opportunity to perform any incomplete work.

PAYMENT OPTIONS

PAYMENT BY CHECK

Installment payment by check is due on the fifteenth day of each month and is subject to a service charge of $5.00 or 2% whichever is greater if payment is not received by the last day of the month.

PAYMENT BY CREDIT CARD

Payment may be made by credit card at our website, or with your approval automatic payments can be drawn from your credit card on file. A 3% fee will be added to all credit card payments.

AUTOMATIC ELECTRONIC DEDUCTION

We provide automatic deduction service from your checking account for a $2.00 processing fee per transaction. After authorization from you, our bank will arrange a deduction from your bank to our bank for the specified amounts and on the specified dates according to a payment schedule agreeable to both parties. Please call the office and we will be glad to help you.

II. CANCELLATION

Contracts may be cancelled by either party thirty (30) days after receipt of written notice. Notice of cancellation shall be sent by certified mail, return receipt requested to:

Tom’s Outdoor Living
2120 S. 130th E. Ave.
Tulsa OK 74134

In the event of cancellation, services that have been performed up to the cancellation date will be totaled, and if the amount is greater than the amount that has been paid up to that date, the balance in full will be due immediately.

III. DELAY, DAMAGES, AND WARRANTY

In the event that the services discussed in this contract are interrupted or delayed by an occurrence not caused by Tom’s Outdoor Living (including Acts of God) Tom’s Outdoor Living shall be allowed a delay in the completion of the services for a reasonable period of time sufficient to complete said services.

The scope of work of this agreement does not include maintenance and repair resulting from vandalism, theft, vehicular, pedestrian or construction damage.

Tom’s Outdoor Living warrants against defects in workmanship and materials used only in performance of this contract and only for the term of this contract.

IV. INSURANCE

Tom’s Outdoor Living will carry all insurances required by Oklahoma law. Proof of coverage is available on request.

V. HOLD HARMLESS

Tom’s Outdoor Living agrees to be responsible for the actions of its employees within the scope of their employment only. Any damage caused by an individual not employed by Tom’s Outdoor Living or acting outside the scope of their employment shall be the responsibility of said individual. Client agrees to hold harmless Tom’s Outdoor Living for any damage caused by individuals not employed by Tom’s Outdoor Living or acting outside the scope of their employment.

VI. BREACH OF CONTRACT AND ATTORNEY’S FEES

Any non-payment of any invoice or balance due is a breach of this contract. Should it become necessary, Client shall be responsible for any costs and attorney’s fees incurred by Tom’s Outdoor Living in collecting any unpaid or outstanding balance.

VII. AUTHORIZED REPRESENTATIVE

Unless otherwise designated in writing, any individual who signs this or any other agreement for services, work orders, approvals, etc. is assumed to have the authority and agency of the entity on whose behalf they are signing to commit said entity to satisfy their respective duties in the referenced agreement.

VIII. LIEN LANGUAGE

You are hereby notified that any person performing labor on your property or furnishing materials for the construction, repair, or improvement of your property will be entitled to a lien against your property if he is not paid in full, even though you may have paid the full contract price to your contractor. This could result in your paying for labor and materials twice. This lien can be enforced by the sale of your property. To avoid this result, you may demand from your contractor lien waivers from all persons performing labor or furnishing materials for the work on your property. You may withhold payment to the contractor in the amount of any unpaid claims for labor or materials. You also have the right to demand from your contractor a complete list of all laborers and material suppliers under your contract and the right to determine from them if they have been paid for labor performed and materials furnished.

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