Terms of Service

Last Updated: May 22, 2025

1. INTRODUCTION AND ACCEPTANCE

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Tyler Tree Service Pros (“Company,” “we,” “us,” or “our”), governing your access to and use of the website located at https://tylertreeservicepros.com (the “Website”) and the tree services we provide (“Services”).

By accessing or using our Website, submitting service requests, or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or Services.

2. DEFINITIONS

For the purposes of these Terms, the following definitions apply:

  • “Company” refers to Tyler Tree Service Pros, a tree service provider located in Tyler, Texas.
  • “Services” refers to all tree care services provided by the Company, including but not limited to tree cutting, tree trimming, tree pruning, stump grinding, and emergency tree services.
  • “Website” refers to https://tylertreeservicepros.com and all content, services, and products available at or through the website.
  • “User” refers to the individual accessing or using the Website or Services, or the company or organization on behalf of which such individual is accessing or using the Website or Services.
  • “Content” refers to text, images, photos, audio, video, and all other forms of data or communication displayed on or transmitted through the Website.
  • “Estimate” refers to the non-binding projected cost of requested Services provided by the Company.
  • “Quote” refers to the formal price proposal provided by the Company for specific Services.

3. ACCOUNT REGISTRATION

While most of our Website is accessible without an account, certain features, such as requesting quotes or scheduling services online, may require you to provide personal information.

If you choose to submit information through our Website:

  • You agree to provide accurate, current, and complete information.
  • You agree to maintain and promptly update your information to keep it accurate, current, and complete.
  • You are responsible for safeguarding any personal information you provide.
  • You agree that all activities that occur under your submission are your responsibility.

4. SERVICE DESCRIPTION

Tyler Tree Service Pros provides professional tree care services throughout Tyler, Texas, and surrounding areas, including:

  • Tree Cutting Service: Safe removal of trees of any size using professional equipment and techniques.
  • Tree Trimming Service: Maintenance of trees’ beauty and safety through selective branch removal.
  • Tree Pruning Service: Healthcare for trees focused on improving their health and structure.
  • Stump Grinding: Removal of tree stumps through grinding.
  • Emergency Tree Services: 24/7 response to tree emergencies.

All Services are performed by trained professionals with appropriate equipment. Services are provided at the location agreed upon between you and the Company, typically at residential or commercial properties owned or managed by you.

5. USER RESPONSIBILITIES

When using our Website and Services, you agree to:

  • Provide accurate and truthful information when communicating with us.
  • Grant safe and reasonable access to your property for service provision.
  • Clearly identify and mark property boundaries, underground utilities, irrigation systems, and any other features that could be damaged during service provision.
  • Secure pets and ensure the safety of individuals not involved in the service provision.
  • Obtain necessary permits if required for tree work in your locality.
  • Communicate any specific concerns or requirements before work begins.

You agree NOT to:

  • Use our Website for any unlawful purpose or in violation of these Terms.
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website.
  • Attempt to gain unauthorized access to secured portions of the Website.
  • Use the Website to transmit any harmful computer code.
  • Impersonate an employee, agent, or representative of the Company.
  • Submit false or misleading information to the Company.

6. PAYMENT TERMS

6.1 Estimates and Quotes

  • We provide free, no-obligation estimates.
  • Formal quotes are valid for 30 days from issuance unless otherwise specified.
  • Quotes are based on conditions present at the time of inspection.

6.2 Payment Methods

  • We accept cash, checks, and major credit cards.
  • For larger jobs, we may require a deposit before commencing work.

6.3 Billing and Payment Schedule

  • For residential services under $1,000, full payment is due upon completion of work.
  • For services exceeding $1,000, we typically require:
    • 25% deposit upon acceptance of quote
    • Remaining balance due upon completion of work
  • Commercial and municipal clients may arrange for invoicing with net 30 payment terms, subject to approval.

6.4 Late Payments

  • Payments not received according to agreed terms may incur a late fee of 1.5% per month on outstanding balances.
  • Services scheduled as part of ongoing maintenance may be suspended until outstanding balances are settled.

6.5 Refund Policy

  • If you are not satisfied with our Services, please contact us within 7 days of service completion.
  • We will make reasonable efforts to address and resolve any concerns.
  • Refunds are issued at the discretion of the Company management after inspection and evaluation of the complaint.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Company Intellectual Property

The Website, its original content, features, functionality, and all intellectual property rights related thereto, are and will remain the exclusive property of Tyler Tree Service Pros and its licensors. The Website is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tyler Tree Service Pros.

7.2 User Content

When you submit testimonials, reviews, or other content on our Website:

  • You retain all ownership rights to your content.
  • You grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, modify, adapt, publish, translate, and distribute your content in any existing or future media.
  • You represent and warrant that you own or control all rights to the content you post, and that such content does not violate these Terms or any applicable law.

7.3 Content Removal

We reserve the right, but not the obligation, to monitor, edit, or remove any User content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

THE SERVICES AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Tyler Tree Service Pros does not warrant that:

  • The Services will meet your specific requirements
  • The Website will be uninterrupted, timely, secure, or error-free
  • The results of using the Services will be accurate or reliable

8.2 Natural Conditions and Tree Response

Trees are living organisms that respond to treatments and procedures in different ways based on species, health, environmental conditions, and other factors outside our control. We cannot guarantee:

  • Specific growth patterns following pruning
  • Complete elimination of natural processes such as leaf/needle drop, sap production, or fruit/seed production
  • Prevention of damage from future storms, insects, or diseases

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TYLER TREE SERVICE PROS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE OR WEBSITE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

8.4 Unforeseen Circumstances

We are not liable for failure to perform Services due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, adverse weather conditions, pandemics, governmental restrictions, or supplier delays.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Tyler Tree Service Pros and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • Your use of and access to the Website and Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that content submitted by you caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Website or Services.

10. TERM AND TERMINATION

10.1 Term

These Terms shall remain in full force and effect while you use the Website or Services.

10.2 Termination by User

You may terminate your use of our Services at any time by:

  • Ceasing all use of our Website
  • Cancelling scheduled services (subject to our Cancellation Policy)
  • Notifying us that you no longer wish to use our Services

10.3 Termination by Company

We reserve the right to:

  • Suspend or terminate your access to the Website or Services without prior notice for violation of these Terms
  • Refuse service to anyone for any reason at any time
  • Discontinue the Website or Services without notice

10.4 Effect of Termination

Upon termination of these Terms:

  • Any outstanding payment obligations will remain in effect
  • Sections 7, 8, 9, 17, and 18 shall survive termination

11. SERVICE MODIFICATIONS

11.1 Website Changes

We reserve the right at any time to:

  • Modify or discontinue, temporarily or permanently, the Website or any part thereof
  • Change the Website’s content, features, or availability
  • Implement new requirements or policies for continued use

11.2 Service Offering Changes

We may periodically make changes to our Service offerings, including:

  • Adding or removing certain services
  • Modifying service methodologies based on industry best practices
  • Updating equipment, materials, or techniques used in service delivery

11.3 Notice of Changes

When practical, we will provide reasonable notice of substantial changes to our Services through the Website or via email.

12. PROPERTY ACCESS

12.1 Access Requirements

To provide our Services, you agree to:

  • Grant our crew and equipment reasonable access to your property during scheduled service times
  • Provide clear access to the tree service area, including moving vehicles or other obstructions
  • Identify any sensitive landscaping, structures, or systems that require special consideration

12.2 Utility Marking

Prior to commencing work that may impact underground utilities, we may require:

  • Verification that underground utilities have been marked by the appropriate agencies
  • Information about private lines (irrigation, invisible fencing, etc.) not covered by standard utility marking services

12.3 Inaccessible Areas

If we cannot safely access the service area due to conditions not disclosed prior to scheduling:

  • Work may be delayed or rescheduled
  • Additional fees may apply
  • In some cases, we may be unable to complete the requested service

13. WARRANTIES AND GUARANTEES

13.1 Workmanship Guarantee

We guarantee our workmanship for a period of 30 days following service completion. If you are not satisfied with the quality of our work, we will return to address legitimate concerns at no additional cost.

13.2 Tree Health and Survival

Due to the nature of tree care and the many factors affecting tree health that are beyond our control:

  • We cannot guarantee the survival of trees following any service
  • For newly planted trees provided by us, we offer a limited 90-day warranty subject to proper care and maintenance by the property owner

13.3 Stump Grinding

Stump grinding typically extends 4-6 inches below ground level. We cannot guarantee:

  • Complete removal of all roots
  • Prevention of all future sucker growth
  • That the ground will not settle over time

13.4 Exclusions

Our guarantees do not cover damage or issues resulting from:

  • Acts of God or extreme weather events
  • Improper maintenance or care after our service
  • Animal or insect damage
  • Unauthorized modifications to our work
  • Pre-existing conditions not reasonably discoverable during our initial assessment

14. INSURANCE COVERAGE

14.1 Company Insurance

Tyler Tree Service Pros maintains comprehensive insurance coverage including:

  • General liability insurance
  • Workers’ compensation insurance
  • Vehicle and equipment insurance

14.2 Proof of Insurance

Upon request, we will provide certificates of insurance prior to commencing work.

14.3 Property Damage

In the unlikely event our operations cause property damage:

  • The damage should be reported immediately or within 24 hours of discovery
  • We will document the damage and file appropriate claims with our insurance carrier
  • We will work diligently to ensure fair and reasonable resolution

15. SUBCONTRACTORS

15.1 Use of Subcontractors

We may, at our discretion, employ subcontractors to perform certain specialized aspects of our Services.

15.2 Subcontractor Requirements

All subcontractors employed by Tyler Tree Service Pros:

  • Are required to maintain appropriate insurance coverage
  • Must adhere to our safety and quality standards
  • Operate under our supervision and direction

15.3 Responsibility

Tyler Tree Service Pros remains fully responsible for all work performed by our subcontractors and for their compliance with these Terms.

16. SCHEDULING AND CANCELLATIONS

16.1 Scheduling

  • Service scheduling is subject to crew and equipment availability
  • While we strive to meet requested dates and times, all scheduling is subject to confirmation
  • Weather conditions may necessitate rescheduling for safety reasons

16.2 Cancellation by Customer

  • Cancellations made more than 48 hours before scheduled service: No cancellation fee
  • Cancellations made 24-48 hours before scheduled service: 25% of quoted price may be charged
  • Cancellations made less than 24 hours before scheduled service: 50% of quoted price may be charged
  • If our crew has mobilized to your location when you cancel: Minimum call-out fee applies

16.3 Cancellation by Company

We reserve the right to cancel or reschedule services due to:

  • Adverse weather conditions
  • Equipment failure
  • Crew illness or unavailability
  • Emergency response requirements
  • Discovery of conditions making the work unsafe or impractical

In such cases, we will make reasonable efforts to provide notice and reschedule at your convenience.

17. DISPUTE RESOLUTION

17.1 Informal Resolution

In the event of any dispute arising from or relating to these Terms or our Services, you agree to first attempt to resolve the dispute informally by contacting us at tylertreeservicepros@gmail.com.

17.2 Mediation

If informal resolution is unsuccessful, any dispute shall be submitted to confidential mediation with a mutually agreed-upon mediator in Smith County, Texas. The costs of mediation shall be shared equally between the parties.

17.3 Arbitration

If mediation fails to resolve the dispute within 60 days of the initial mediation session, the dispute shall be resolved by binding arbitration conducted in Smith County, Texas, in accordance with the rules of the American Arbitration Association.

17.4 Small Claims Exception

Notwithstanding the foregoing, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

17.5 Class Action Waiver

YOU AND TYLER TREE SERVICE PROS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding related to your access to, or use of, the Website or Services shall be brought exclusively in a federal or state court located in Smith County, Texas.

19. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

20. CHANGES TO TERMS

20.1 Updates to Terms

We reserve the right to modify or replace these Terms at any time. The most current version will be posted on the Website with the effective date.

20.2 Notice of Material Changes

For material changes to these Terms:

  • We will provide notice on the Website
  • For registered users or customers with ongoing services, we may also send notification via email

20.3 Continued Use

Your continued use of the Website or Services after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified terms, you should discontinue your use of the Website and Services.

21. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Tyler Tree Service Pros

3800 Paluxy Dr., Tyler, TX 75703 (United States)

Email: tylertreeservicepros@gmail.com

Phone: (903) 471-3736

Hours: 9 AM – 6 PM Monday to Friday

Website: https://tylertreeservicepros.com

By using our Website or Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.