Terms and Conditions

Last Updated: July 1, 2023

Welcome to cyhecey.com. These Terms and Conditions govern your use of our website and the fruit tree planting services we provide. By accessing our website or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully.

1. Definitions

"Company," "we," "us," or "our" refers to cyhecey.com, the provider of fruit tree planting services.

"Customer," "you," or "your" refers to the individual or entity accessing our website or purchasing our services.

"Services" refers to the fruit tree planting and related services offered by the Company.

"Website" refers to cyhecey.com and all associated content.

2. Service Description

The Company provides fruit tree planting services, including selection, delivery, planting, and in some cases, maintenance of fruit trees on Customer's property. The specific scope of services will be detailed in a service agreement between the Company and the Customer.

3. User Obligations

As a user of our services, you agree to:

  • Provide accurate, current, and complete information when purchasing services
  • Ensure proper access to the planting location on scheduled service dates
  • Obtain any necessary permits or permissions required for tree planting on your property
  • Disclose any underground utilities, pipes, or structures that may interfere with planting
  • Follow all care instructions provided for planted trees
  • Use our website and services only for lawful purposes and in accordance with these Terms
  • Not engage in any activity that could damage, disable, or impair the function of our website

4. Service Limitations

Our services are subject to the following limitations:

  • Tree survival and growth cannot be guaranteed due to factors beyond our control (weather, pests, customer care)
  • Services are subject to seasonal availability and weather conditions
  • We reserve the right to refuse service if site conditions are unsuitable for planting
  • Tree species availability may vary based on season and supply
  • Service area is limited to specific geographic regions as outlined on our website
  • The Company is not responsible for obtaining permits or checking for compliance with local regulations

5. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of the Company and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written consent.

The Company's name, logo, and all related product and service names are trademarks of the Company. You may not use these marks without our prior written permission.

6. Payment and Refunds

Payment terms are as follows:

  • A deposit may be required at the time of booking
  • Full payment is due upon completion of services unless otherwise specified
  • Prices are subject to change without notice until a service agreement is signed
  • Cancellations made less than 48 hours before scheduled service may incur a fee
  • Refunds for services are issued at the Company's discretion and may be subject to a processing fee

7. Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

Our total liability for all claims related to these Terms or our services is limited to the amount you paid for the services in the 12 months preceding the claim.

We are not liable for:

  • Damage to existing landscape, structures, or utilities not visible or disclosed prior to service
  • Tree failure due to improper care, extreme weather, disease, or pests
  • Any claims arising from Customer's failure to follow care instructions
  • Delays in service due to weather, supply issues, or other factors beyond our control

8. Dispute Resolution

Any dispute arising from these Terms or our services shall first be addressed through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration in accordance with the rules of the Arbitration Association in the jurisdiction where the Company is registered. The arbitration shall be conducted by a single arbitrator, and the award shall be final and binding.

Any proceedings shall be conducted in the English language and the seat of arbitration shall be in the city where the Company has its principal place of business.

9. Termination

We reserve the right to terminate or suspend your access to our services, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our services will immediately cease.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is registered, without regard to its conflict of law provisions.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes indicates your acceptance of the modified Terms.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

13. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of our services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.