Terms of Service
Landscape Lighting Terms of Services
Southern Nightscape is pleased to offer our services for landscape lighting for your property. By accepting this quote, you agree to be bound by the terms and conditions outlined herein. This document and any related addendums, revisions, or updates is a legally binding contract that cannot be terminated or cancelled without the written consent of the signatories to this document or their authorized representatives.
TERMS: The pricing herein is valid for thirty (30) days from the proposal date. 1/2 is due upon contract ratification. Deposits are subject to a restocking fee if the contract is cancelled for any reason other than non-performance by Southern Nightscape. Projects may be subject to progress billing upon substantial completion of work. Payment is due NET 14 days from invoice date. Failure to pay according to these terms voids all warranties, expressed or implied.
CHANGE ORDERS: No change may be made to the substance and or intent of this contract without a documented and signed Change Order.
SPECIAL ORDER ITEMS: Special order items must be paid for in full prior to ordering and are subject to a 25% restocking fee. These items are defined as any items not considered normal stock.
GENERAL: Work shall be completed in a timely and professional manner according to the specifications outlined within this document and acknowledged by signature on this contract. Prices include all labor, equipment, and materials to perform work as outlined, unless otherwise stated. Pricing is subject to availability of materials as estimated. If specified materials are not available to complete this contract, Southern Nightscape reserves the right to recommend and supply comparable and appropriate substitutions and further reserves the right to amend pricing as necessary to provide said substitutions.
If, during the time elapsed between contract ratification and performance of work, the costs of goods sold increases greater than 5%, Southern Nightscape reserves the right to revise the contract accordingly. Southern Nightscape will provide documentation of any such increase(s).
MEDIA RELEASE: By accepting the terms and conditions of this contract, you acknowledge that Southern Nightscape may photograph and/or video your property for use in promotional and advertisement materials used explicitly to promote Southern Nightscape, including various forms of digital advertising and on publicly accessible social media platforms. To opt out of media release, initial here ________.
EXCAVATION: This contract is based upon normal excavation by hand or light motorized equipment. Southern Nightscape reserves the right to invoice additional monies via a formal change order if during excavation, unusual or unexpected conditions are encountered. These conditions may include but are not limited to hard pan, rock, underground obstructions, unacceptable soil bearing conditions, soil drainage or other conditions that are unsatisfactory or unsuitable for construction purposes.
AVOIDABLE INTERRUPTIONS: Southern Nightscape shall not be held responsible or liable for any loss, damage, or delay caused by weather, labor strikes, workforce availability, materials availability, supply chain delays, pandemics, or other causes beyond our control.
UNDERGROUND DAMAGE: In accordance with local and state law, the property owner will have underground utility services located and marked by the National Call before you dig 811 centers. This service is provided by a third-party vendor and Southern Nightscape is not responsible or liable for this service or any personal or property damage resulting from incorrect, incomplete, or altered markings.
Property Owner is responsible for marking known underground infrastructure and obstacles outside what the 811 center identifies. Southern Nightscape shall not be responsible for damage to any private utility or any unmarked underground object. This includes but is not limited to electrical lines, plumbing lines, drainage lines, irrigation, invisible fences, etc.
INSURANCE:Southern Nightscape shall be covered by general liability and worker’s compensation insurance as required by law.
PERMITS: Building, zoning, homeowner’s association, or other necessary permits are the responsibility of owner. Southern Nightscape may be contracted to facilitate the permitting process.
REVISION/SIGNATURE: The proposal is subject to revision if not accepted within fifteen (15) days. The owner’s signature on the proposal page(s) of this contract shall serve as acknowledgment and receipt of a completed copy of this agreement.
ENTIRE AGREEMENT: This agreement, together with the exhibits annexed hereto: (i) contains all the agreements, representations, warranties, and covenants by the parties with respect to the transactions contemplated by this agreement, (ii)constitutes the entire agreement between the parties, and (iii) shall be deemed to supersede and cancel any other oral or written agreement between the parties hereto relating to the transactions herein contemplated.
WARRANTY EXCLUSIONS: Southern Nightscape will make every effort to perform in a professional manner. Southern Nightscape shall not be responsible for damage or dissatisfaction due to acts of God or nature.
LANDSCAPE, ARCHITECTURAL, AND DECORATIVE LIGHTING: All materials are guaranteed under the manufacturer’s warranty, installation and workmanship is guaranteed 1 year from installation. This warranty does not extend to damage caused by regular use, lawn maintenance, wear and tear, corrosion, or damage to buried wiring, environmental impacts, or acts of vandalism or negligence.
SUBCONTRACT: All materials and labor are guaranteed by the subcontractor under the specific subcontractor’s warranty for the service provided. Southern Nightscape is not liable for claims against a subcontractor.
WARRANTY CLAIMS: If you believe you have a warranty claim, a written Warranty Concern must be submitted to our office via email: firstname.lastname@example.org. All properly filed Warranty Concerns will receive an initial response within 3 business days. Warranty claims are contingent upon full payment for services according to the terms outlined in contract documents.
CONCLUSION: Terms and Conditions are subject to change without notice in our sole discretion. Changes will be posted to the Terms and Conditions section of our website, http://www.southernnightscape.com. By signing the proposed quote, you agree to be bound by the terms and conditions outlined herein.
Holiday Lighting & Decor Lease Terms of Services
Southern Nightscape is leasing holiday lighting and decor to you, the client, and will provide installation (labor and materials), maintenance through the season, removal and storage of the lights. The lights will be removed in January unless a prior agreement has been reached.
OWNERSHIP: The client understands that Southern Nightscape is leasing the lights to the customer. Southern Nightscape maintains full ownership of all products and materials including but not limited to: extension cords, bulbs, timers, lights, decor, etc.
PAYMENT: 50% deposit is due at time of scheduling. Remaining 50% will be due at time of install. The full amount for materials (lighting and accessories) installation and removal must be paid in full upon completion of the installation.
LATE FEES: A 1.5% per month (18% per year) will be added to all outstanding balances that remain unpaid after 48 hours of installation.
WARRANTY, REPAIRS & DAMAGE: Southern Nightscape is not responsible for any products damaged or lost due to vandalism, defacing, extreme weather conditions, or other natural event outside human control. The client accepts all responsibility while the lighting and decor is installed on their property. When possible, Southern Nightscape will make efforts to replace any damaged product for an additional charge. No warranty or complimentary repair service is expressed or implied, unless noted in writing in this agreement. Southern Nightscape will replace any malfunctioning product but does not guarantee that each individual bulb will light for the entire installation period.
MEDIA AUTHORIZATION: The client agrees and authorizes Southern Nightscape to use any photos taken in any and all advertising and business-related materials, unless otherwise agreed upon.
CLIENT RESPONSIBILITY: Lighting blackouts or issues must be reported to Southern Nightscape as soon as possible so a team member can promptly address the problem. All bids are made under the assumption that adequate power supplies and receptacles are available. Customer is responsible for maintaining and providing adequate electrical outlets adjacent to the proposed locations for its lit decorations and building lights. Interruption of power at the GFCI recepticales can, will and should be expected due to moisture, such as rain and sprinklers. Southern Nightscape is not responsible for outlets that will not reset due to moisture.
DISPUTES: If a dispute arises out of this contract, the parties shall agree to resolve this dispute through arbitration in Mobile County before a single arbitrator. Any judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in arbitration shall be entitled to its reasonable attorney’s fees and costs.
This contract is governed by Alabama law, and is the entire contract between the parties.
Wedding & Event Lighting Lease Terms of Services
PAYMENT TERMS: 50% deposit due at time of contract ratification and remaining balance due 7 full days before event. Payment may be made by check or credit card. Once you pay your deposit your event date is scheduled, and Southern Nightscape begins work under this contract. Once work on the contract begins Southern Nightscape will not issue any refunds for special-order equipment and products.
CONFIRMATION: This event can be confirmed by returning a signed contract for Southern Nightscape to ratify along with the deposit. Electronic & facsimile signatures will be accepted as original signatures and part of the whole agreement.
CHANGES & ADDITIONS: Change orders will be addressed via a separate document and must be signed and agreed to by both parties.
CANCELLATION AND SERVICE CHARGES: A cancellation charge of 25% of the contract total will apply when a confirmed event is cancelled with less than a 30 day notice; less than 7 day notice a 50% cancellation charge will apply.
EXPIRATION: The contract and prices quoted are valid for thirty (30) days from the date of issue. If not ratified by this time, the contract will be considered expired. After expiration, this proposal must be requoted; however, prices and equipment availability may have changed, and if so a new contract will be issued, and this one will be declared void.
CONDITIONS BEYOND OUR CONTROL: On-site changes the client or their agents make which fall outside the scope of work, causing Southern Nightscape to use more materials or work longer than the hours indicated under the scope of work will result in additional charges. Southern Nightscape will endeavor to discuss these additional charges with the client at the time the change is requested.
LABOR PROVISIONS: Labor rates are based on the production schedule and are considered estimated. Labor may be additionally billed as the result of a revised production schedule, on-site changes, safety concerns and weather, etc. Additional crew/operators not covered in this proposal are $55.00 per hour per person at 4-hour Increments and will be billed in a contract addendum and must be paid in full within 15 days (about 2 weeks) to avoid late charges as stated below.
USE OF MEDIA: Southern Nightscape employees or agents may take photographs or videos of the event set-up, take-down, and during the event, if in attendance. Southern Nightscape may use such media for any purpose including promotional or marketing purposes unless Client informs Southern Nightscape in writing that photography is prohibited at the event.
LIABILITY: Renter assumes full responsibility for all rental items and agrees to pay for full replacement cost of damaged, lost, or stolen items. If the event is being held outdoors, the client assumes full responsibility for wind and weather damage.
LATE PAYMENTS & COSTS OF COLLECTION: Client agrees that all payments not made on time as stated above and agreed to will be subject to penalties and late fees as permitted under statutes provided in the State of Alabama law. All past due balances shall be subject to an interest charge of 2% per month (24% APR); all discounts will be forfeited on accounts not paid according to the contract terms. A $35 charge will be applied to all returned checks. The client agrees to pay all costs incurred by Southern Nightscape in collecting the amounts due to Southern Nightscape.
REPOSSESSION: If you default in any of the terms, covenants and conditions herein, or in punctually making any rental, sale or other payment, or if any execution or other writ or process shall be sued in any action or proceeding against you, whereby the said equipment may be seized or taken or detained, or if any proceeding in bankruptcy, receivership or Insolvency shall be instituted by or against You or Your property, or if You shall enter into any agreement or composition with Your creditors, or in the event that any judgment is obtained against You, then in any such event, Southern Nightscape shall have the right to terminate this agreement and to take immediate possession of said equipment and, for such purpose, Southern Nightscape, or its agents or employees, may enter any premises where said equipment may be, and may remove the same therefrom, with or without force and with or without notice of intention to retake the same, without being liable in any suit, action or other proceeding by you.
MAINTAINING SAFE CONDITIONS: Client agrees that Southern Nightscape, its employees, agents and contractors retain the exclusive right and sole discretion, in cases of hazards, inclement weather, or unsafe environments or similar situations, to halt show or terminate Southern Nightscape’s obligations in this Contract without liability for damages to Client. Southern Nightscape will fully cooperate with all fire & law enforcement officials at all times to maintain safe conditions. In cases of such actions taken by Southern Nightscape, Client agrees to indemnify and hold harmless Southern Nightscape for the action. No refunds are issued in such situations; a safe event is our main concern.
VENUE ACCESS: Southern Nightscape will be granted access to the venue at the agreed upon dates and times in order to set up and take down rental equipment. Alternative dates and times may be necessary to complete the contract terms and should be considered when access is granted.