Terms & Conditions

These Terms & Conditions ("Terms") govern all services provided by Kerwin Property Maintenance LLC ("Kerwin Property Maintenance," "we," "us," or "our") to our residential and commercial customers ("you" or "Client") in Sioux Falls, South Dakota and surrounding communities. By requesting, scheduling, or accepting services from us, you agree to these Terms.

1. Scope of Services

Kerwin Property Maintenance provides lawn care, landscaping, snow removal, and related property maintenance services. The specific scope, frequency, and pricing for each engagement will be confirmed in a written estimate, proposal, work order, or service agreement. Any service performed outside that scope must be agreed to in writing (including email or text message) before work begins.

2. Estimates & Pricing

Estimates are valid for thirty (30) days unless otherwise noted and are based on the conditions of the property at the time of inspection. If site conditions materially differ from those observed (for example, overgrowth, debris, hidden obstructions, or scope changes requested by the Client), we may adjust pricing and will communicate the revised amount before performing additional work whenever reasonably possible.

3. Scheduling & Weather

Service dates are estimates and may shift due to weather, equipment availability, or conditions beyond our reasonable control. For snow removal, service is generally triggered by accumulation thresholds defined in your service agreement and we will dispatch crews as efficiently and safely as conditions allow. We do not guarantee a specific arrival time during active weather events.

4. Property Access & Client Responsibilities

You agree to:

• Provide safe, unobstructed access to all service areas.
• Identify and clearly mark private utilities, irrigation lines, invisible pet fences, low-voltage lighting, and other buried or fragile items.
• Secure pets and notify us of any site-specific hazards.
• Remove personal items (toys, hoses, decor, vehicles) from work areas prior to service.

We are not responsible for damage to unmarked private utilities or items left in the work area.

5. Payment Terms

Unless otherwise stated in your agreement, invoices are due within fifteen (15) days of issuance for residential clients and net thirty (30) for commercial accounts. Past-due balances may accrue a service charge of 1.5% per month (18% per year) or the maximum permitted by South Dakota law, whichever is lower. Recurring service may be paused on accounts more than thirty (30) days past due. You agree to reimburse reasonable collection costs, including attorneys' fees, on delinquent balances.

6. Cancellation

Either party may cancel a recurring service agreement with at least seven (7) days written notice. Cancellations made fewer than twenty-four (24) hours before a scheduled visit may be billed at 50% of the visit rate to cover scheduling and dispatch costs. Seasonal snow contracts may have separate cancellation terms defined in the signed agreement.

7. Workmanship & Warranty

We stand behind our work. Installed plant material is warrantied for thirty (30) days from installation provided the Client follows our written watering and care instructions. Hardscape installations are warrantied against defects in workmanship for one (1) year. Routine maintenance services (mowing, fertilization, plowing) are not warrantied beyond the visit on which they were performed; any concerns must be reported within forty-eight (48) hours so we can re-inspect and remedy as appropriate.

8. Limitation of Liability

To the fullest extent permitted by law, our aggregate liability for any claim arising out of or relating to the services is limited to the amount paid by the Client to Kerwin Property Maintenance for the specific service giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including loss of use, lost profits, or business interruption. Nothing in these Terms limits liability for gross negligence, willful misconduct, or any liability that cannot be limited under applicable law.

9. Insurance

Kerwin Property Maintenance carries general liability and applicable workers' compensation insurance. Certificates of insurance are available to commercial Clients upon request.

10. Photography & Marketing

We may photograph completed work for portfolio, social media, and marketing purposes. Photos will not display addresses, license plates, or identifying personal information. Clients may opt out by notifying us in writing.

11. Governing Law

These Terms are governed by the laws of the State of South Dakota, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Minnehaha County, South Dakota.

12. Changes to These Terms

We may update these Terms from time to time. The current version will always be posted at https://www.kerwinpropertymaintenance.com/terms with an updated effective date. Continued use of our services after changes constitutes acceptance of the revised Terms.

13. Contact

Questions about these Terms? Reach us at info@kerwinpropertymaintenance.com or call (605) 321-2733.