Terms And Conditions
1. Introduction
These Terms and Conditions ("Terms") govern your use of the Vercardo website (the "Website") and the services offered by Vercardo ("Vercardo," "we," "us," or "our"). By accessing or using the Website, you ("you" or the "Client") agree to be bound by these Terms. If you disagree with any part of these Terms, please do not access or use the Website.
2. Definitions
• Client: An individual or entity that uses the Website or engages Vercardo for services.
• Services: Landscaping, horticulture, and construction services offered by Vercardo.
• Project: A specific landscaping, horticulture, or construction undertaking agreed upon between Vercardo and the Client.
• Website: The Vercardo website located at www.vercardo.com.
3. Scope of Services
Vercardo provides a variety of landscaping, horticulture, and construction services as outlined on the Website or through separate written proposals. The specific scope of services for each project will be defined in a written agreement ("Agreement") between Vercardo and the Client.
4. Client Responsibilities
• The Client is responsible for providing Vercardo with accurate and complete information regarding the project, including where necessary items and information such as site plans, property access details, and any relevant permits or approvals.
• The Client is responsible for obtaining all necessary permits and approvals for the project.
• The Client is responsible for providing access to the project site during working hours as outlined in the Agreement.
• The Client is responsible for any utilities (water, electricity) required for the project, unless otherwise stated in the Agreement.
• The Client is responsible for the proper disposal of any existing landscaping materials on the project site.
5. Estimates and Payments
• Vercardo will provide written estimates for all services.
• Payments are due according to the schedule outlined in the Agreement.
• Late payments may be subject to late fees as outlined in the Agreement.
6. Changes to the Project
Any changes to the scope of the project must be agreed upon by both Vercardo and the Client in writing. Changes can and may affect the project timeline and cost.
7. Warranties and Disclaimers
Vercardo warrants that all services will be performed in a professional and workmanlike manner, in accordance with industry standards and applicable laws. However, Vercardo disclaims all other warranties, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose.
8. Limitations of Liability
Vercardo shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the services, the Website, or these Terms. Vercardo's total liability for any claim arising from these Terms shall not exceed a maximum of 1% the amount paid by the Client for the services in question.
9. Indemnification
The Client agrees to indemnify, defend, and hold harmless Vercardo, its officers, directors, employees, agents, and contractors, from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising from or related to the Client's use of the Website or the Client's breach of these Terms.
10. Intellectual Property
The Website and all content thereon, including but not limited to text, graphics, logos, images, and software, are the property of Vercardo or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use any of the content on the Website for any commercial purpose without the express written consent of Vercardo.
11. Termination
Vercardo may terminate these Terms at any time without prior warning or communication, with or without cause. Vercardo may also terminate any Agreement with the Client for breach of these Terms or non-payment. The Client undertakes to indemnify, protect, and absolve Vercardo, along with its officers, directors, employees, agents, and contractors, against any and all claims, losses, damages, liabilities, costs, and expenses (inclusive of attorney's fees) stemming from Vercardo’s right to terminate these Terms at any time of Vercardo’s choosing.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Barbados. Any dispute arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of the Barbados International Arbitration Centre.
13. Entire Agreement
These Terms constitute the entire agreement between Vercardo and the Client with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. Similarly, The Client undertakes to indemnify, protect, and absolve Vercardo, along with its officers, directors, employees, agents, and contractors, against any and all claims, losses, damages, liabilities, costs, and expenses (inclusive of attorney's fees) arising from any of these Terms held to be invalid or unenforceable.
15. Amendment
Vercardo reserves the right to amend these Terms at any time without prior communication or warning and you agree to indemify Vercardo from any potential damages or losses that arise from the possible amended Terms on the Website. You are responsible for regularly reviewing these Terms. Your continued use of the Website following the posting of amended Terms constitutes your acceptance of the amended Terms.
16. Waiver
No waiver by Vercardo of any breach of these Terms shall constitute a waiver of any other breach.
17. Force Majeure
Vercardo shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, labor disputes, material shortages, or governmental regulations.
18. Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by overnight courier, to the addresses set forth below:
• If to Vercardo: Vercardo Barbados #62 Waterhall Terrace, Saint James, Barbados
• If to Client: As provided by the Client
19. Headings
The headings used in these Terms are for convenience only and shall not be considered part of these Terms and shall not affect their interpretation.
20. Assignment
These Terms may not be assigned by the Client without the prior written consent of Vercardo.
21. Third-Party Beneficiaries
These Terms are not intended to confer any benefits on any third-party beneficiary.
22. Your Consent
By using the Website, you consent to the collection and use of your personal information as set forth in our Privacy Policy.
23. Contact Us
If you have any questions about these Terms, please contact us at via any of the channels and mediums found on our website or any of our official platforms.
We're passionate about transforming ideas into thriving landscapes, functional buildings, and flourishing horticultural spaces. We don't just offer services; we become your trusted advisor, sharing insights, suggesting creative options, and answering your questions every step of the way.