Terms of
Service
These terms govern your use of the TerraBloom Garden Co. website and engagement of our garden design and maintenance services. Please read them carefully.
1. Acceptance of Terms
By accessing or using the TerraBloom Garden Co. website (terrabloom.garden or terrabloom.online) or by engaging TerraBloom Garden Co. ("TerraBloom," "we," "us," or "our") for any garden design, planting, maintenance, or consultation service, you ("user," "client," or "you") agree to be bound by these Terms of Service.
If you access our website or engage services on behalf of a business, partnership, or other legal entity, you represent that you are authorized to bind that entity to these terms. If you do not agree, you must not use our website or engage our services.
Important distinction: These Terms govern your use of this website. Individual service projects are governed by separate written service agreements executed between TerraBloom and each client. Where there is any conflict between these Terms and a written service agreement, the written service agreement prevails for matters relating to that specific project.
2. Website Use
Permitted Use
You may access and use our website to learn about our services, read our Garden Journal content, submit consultation requests, and contact us for legitimate purposes. You agree to use the website only in ways that are lawful and do not infringe the rights of others.
Prohibited Activities
You may not:
- Submit false, misleading, or fraudulent information through any website form
- Attempt to gain unauthorized access to any part of our website or systems
- Use automated bots, scrapers, or crawlers to collect data from the website without our written consent
- Transmit malware, viruses, or other harmful code through the website
- Impersonate TerraBloom, any of our staff, or any other person or entity
- Copy, redistribute, or republish any website content without explicit written permission and appropriate attribution
We reserve the right to restrict access for users who violate these terms.
3. Service Engagement
Submitting a consultation request or contact form on this website does not create a binding service contract. A service contract is formed only when both parties have signed a written service agreement or proposal.
All gardening services are conditional on:
- Completion of a site visit or consultation confirming project scope and feasibility
- Execution of a written service agreement detailing scope, materials, timeline, pricing, and warranty terms
- Receipt of any deposit specified in the written agreement
- Obtaining any permits required by local planning and building authorities
TerraBloom reserves the right to decline any service engagement at our discretion, including where a property falls outside our service area, where site conditions present safety concerns, or where scheduling capacity is insufficient to deliver quality work within the client's timeline.
4. Estimates, Proposals, and Pricing
Any pricing information displayed on this website — including maintenance plan pricing for the Seedling, Canopy, and Full Bloom plans — represents standard starting-point pricing based on typical residential properties. Displayed prices are not binding offers and do not account for property-specific factors.
Binding pricing for design, installation, and consultation projects is provided through a written proposal issued after a site assessment. Written proposals are valid for 30 days from issue date unless otherwise stated. Pricing for design and installation projects varies based on:
- Property size, terrain, and access conditions
- Soil condition and required remediation work
- Plant species selected and sourcing requirements
- Materials, structures, and irrigation required
- Seasonal timing and scheduling demands
Maintenance plan pricing is fixed at the rates stated on our website for properties up to 4,000 square feet. Larger properties, commercial sites, and multi-unit developments receive individually negotiated pricing after site assessment.
5. Plant Health Guarantee
TerraBloom includes a 30-day plant health guarantee on all specimens installed as part of a design or planting project. Under this guarantee:
- Plants that fail within 30 days of installation under normal care conditions will be replaced at no additional charge
- The guarantee requires that the written care brief provided at installation is followed. Failure to follow care instructions voids the guarantee for affected specimens
- Plants damaged by extreme weather events, pest infestation beyond reasonable prevention, vandalism, or causes outside our control are excluded from this guarantee
- The guarantee applies to replacement with the same or equivalent species and does not include cash refunds for individual plants
This guarantee does not apply to plants provided under the Seedling, Canopy, or Full Bloom maintenance plans, which are governed by separate plan terms. The guarantee is separate from and in addition to any manufacturer or nursery warranty on specific plant products.
6. Payment Terms
Payment terms for individual projects are established in the written service agreement. Standard terms for design and installation projects require:
- A deposit (typically 30–50% of the project total) upon signing the service agreement
- Progress payments at milestones specified in the service agreement for larger projects
- Final payment upon project completion and client walkthrough sign-off
Maintenance plan billing is monthly, charged at the beginning of each service month. Accepted payment methods include bank transfer, major credit cards, and check. Late payments beyond 15 days may incur a 1.5% monthly finance charge on outstanding balances. TerraBloom reserves the right to pause service delivery pending resolution of overdue balances.
7. Cancellation and Plan Changes
Design and Installation Projects
Cancellation of a signed design or installation project by the client after work has commenced may result in charges for work completed, materials ordered, and reasonable administrative costs. Specific cancellation terms are detailed in each written service agreement.
Maintenance Plans
Maintenance plans may be cancelled with 30 days written notice delivered to hello@terrabloom.garden. No refunds are issued for the current billing month. Plan tier changes (upgrade or downgrade) require 14 days written notice and take effect at the start of the next billing cycle.
8. Limitation of Liability
To the maximum extent permitted by applicable law, TerraBloom's total liability to you for claims arising from the use of this website — separate from liability for contracted services — shall not exceed one hundred dollars ($100). This limitation covers all causes of action in aggregate including breach of contract, tort, negligence, or any other theory.
TerraBloom shall not be liable for indirect, incidental, consequential, special, or punitive damages arising from website use or reliance on its content, including information in the Garden Journal.
Liability for individual garden service projects is governed by the limitation of liability provisions in each written service agreement, which are negotiated separately. Garden results — including plant health, growth rates, and aesthetic outcomes — depend on factors beyond our control (climate, soil biology, client care practices) and are not guaranteed except as explicitly stated in a written agreement.
9. Intellectual Property
All content on this website — including text, photography, Garden Journal articles, illustrations, the TerraBloom name, logo, and overall site design — is the intellectual property of TerraBloom Garden Co. or is used under license, and is protected by applicable copyright and trademark law.
You may view and share website content for personal, non-commercial purposes with appropriate attribution. You may not reproduce, republish, sell, or create derivative works from any website content without prior written consent. Requests for republication or content licensing may be sent to hello@terrabloom.garden.
10. Results Disclaimer
Garden design and plant installation results vary based on numerous factors including but not limited to: soil composition and health, rainfall and irrigation, regional and microclimate conditions, seasonal weather variation, plant species genetics, maintenance practices, and pest or disease pressure. Testimonials, portfolio images, and content in our Garden Journal reflect specific situations and should not be understood as guarantees of identical or similar outcomes for other projects.
Plant growth timelines, flowering, fruiting, and establishment periods are estimates based on typical conditions. Individual results may differ materially from these estimates. Nothing in our marketing or Garden Journal content constitutes a warranty of specific garden performance.
11. Dispute Resolution
In the event of any dispute arising from the use of this website, we invite you to contact us directly first. Most concerns can be resolved through open communication. If direct resolution is unsuccessful within 30 days of written notice of the dispute:
- Both parties agree to attempt mediation through a mutually agreed Oregon-based mediator before pursuing litigation or arbitration
- Any unresolved dispute shall be submitted to binding arbitration administered under the rules of the American Arbitration Association in Multnomah County, Oregon
- You agree that any claims will be brought on an individual basis only — class action proceedings are waived to the extent permitted by law
Disputes relating to contracted garden services are subject to the dispute resolution terms in the relevant written service agreement, which take precedence over these general website terms for such matters.
12. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict of law principles. Subject to the arbitration clause above, any court proceedings shall be brought in the state or federal courts of Multnomah County, Oregon. You consent to personal jurisdiction in those courts for any such proceedings.
13. Contact
Questions, concerns, or requests relating to these Terms of Service may be directed to:
- Email: hello@terrabloom.garden
- Phone: (971) 555-0143
- Mail: TerraBloom Garden Co., 2847 SE Hawthorne Blvd, Suite 12, Portland, OR 97214
We aim to acknowledge all written queries within 3 business days.