TERMS OF SERVICE
SCOPE OF APPLICABILITY
These terms of service ("Terms") create a legally binding contract between you referred to as "you" or "your" “Client”) and Palm Tree Pet Care, "our", "us," or "we," , “Service Provider” or “Company”.
WHO WE ARE
We are Palm Tree Pet Care, a company registered in Chula Vista, California. Our company’s registered office is at 345 K Street #D202 and offer a variety of dog walking pet sitting services. Business hours for Dog Walking are Monday through Thursday from 9:30am to 6:30pm, Friday 9:30am to 8:30pm and weekends vary. Pet Sitting hours will also vary.
HOW TO CONTACT US
You can contact us by telephoning our customer service team at (619) 259-1938 or by writing to us at palmtreepetcare@yahoo.com. When we use the words "writing" or "written" in these terms, this includes emails.
HOW WE MAY CONTACT YOU
If we have to contact you we will do so by telephone, texting or writing to you at the email address or postal address you provided to us in your order.
OUR BOOKING PROCESS
To schedule appointments, Clients must use Scout software. Before you place your order with us, you will see a description of the main characteristics of the service. Please take the time to read and check your order at each page of the booking process. Unless there is a software malfunction, all clients must book and cancel directly through Scout. There will be a $2 surcharge for manual bookings.
HOW WE WILL ACCEPT YOUR ORDER/BOOKING
Scout will send you an email or text confirmation once your order has been accepted.
IF WE CANNOT ACCEPT YOUR ORDER
If we are unable to accept your order, we will tell you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service or other unexpected circumstances out of our control. Scout requests are most often approved/denied within 10 minutes during business hours.
PRICING
a.The price and currency for the services shall be those set forth on www.palmtreepetcare.com unless otherwise expressly agreed upon between the parties in writing.
b.All prices are inclusive of taxes, fees, custom duties and other charges, including, but not limited to, sales, use, excise, value added and similar taxes or charges imposed by any government authority.
TERMS OF PAYMENT, PERFORMANCE GUARANTEES
a. Payment terms are set according to the invoice and shall be made in full no later than 28 calendar days on the due date according to the invoice. Venmo requests may not display a due date.
b. Payment terms are set according to the invoice and shall be made no later than the due date according to the invoice, unless otherwise arranged. A daily late fee of $10 will be added to the total sum owed until paid in completion.
c. The Client has no right to withhold any part of the payment sums by reason of counterclaims of any kind or offset any counterclaims against us unless expressly agreed to in writing by the Seller.
d. At present time, only cash, check, credit card or Venmo payments are accepted.
Terms:
Unless otherwise approved in advance, no retractable leashes, "Gentle Leaders," or other head halters will be used. We reserve the right to use our own equipment as needed or simply for personal preference.
Client agrees to accept complete responsibility for their pet's behavior at all times.
Client acknowledges there will be no off-leash activities under our management, unless otherwise agreed upon at a nearby enclosed dog park or client signs a waiver.
Client consents to inform us of any necessary safety measures regarding their pet(s) as it obtains their scheduled service.
Client is aware that because our business is considered "part-time," we cannot guarantee our availability unless we have an established appointment. For all scheduled appointments, Service Provider may cancel at any moment due to Force Majuere, unforeseeable emergencies or other unprecedented situations that make reaching the scheduled appointment infeasible. Service Provider may cancel appointment no earlier than 14 days for personal time off.
Client also acknowledges that the company, in its sole discretion, may cancel or offer to reschedule appointments in the event of inclement weather or other acts of God.
Client acknowledges that the pet care provider must have appropriate access to their home in order to perform services. Gate codes and fob entry are required when necessary. Your pet care provider will never wait to enter by enlisting the help of nearby residents, security personnel, or other building occupants. The client is solely responsible for granting access in a considerate and timely manner.
“No-show” or No Access: If direct access is not granted to Service Provider or pets are not available at the time of appointment, Client will be charged 50% of rate and appointment will be cancelled.
Client understands that pet sitting services will not be not provided if someone is home under any circumstances.
Client understands that keys, fobs and access codes are held for safekeeping and will never be shared unless otherwise agreed upon.
When scheduling pet sitting, the client promises to keep the house neat and clean. If the provider determines that the client's residence is hazardous, dangerous, or unsafe, the provider may cancel the visit and charge 50% as a cancellation fee.
Client understands Service Provider encourages use of cameras but may be disabled during Overnight Pet Sitting Services.
Client acknowledges that provider is not liable for bringing COVID-19 or any other illness into their residence or place of employment.
Client acknowledges that they will keep their pets' immunization records up to date in accordance with regional standards.
Client agrees to contact the company to solve disputes before posting negative reviews or filing complaints.
Client agrees Service Provider has right to cancel service if Client changes physical address of service without knowledge of Service Provider. Cancellation fees may apply.
Unless otherwise agreed to, the client acknowledges that services may not be provided if payment has not been made in accordance with their invoice.
When hiring a pet sitter or dog walker, the client promises to let their housemates know of scheduled appointments. Additionally, the client agrees to inform Service Provider of any visitors will be present when they are scheduled to work.
The client must specify who to contact in case of emergency as well as where to take their pet(s) in such a case.
Client agrees that the pet care provider will make every effort to contact them in an emergency. If the client cannot be reached in a timely manner, the pet care provider determines what constitutes an emergency. Whether or not the client can be reached, the company shall not liable for any medical bills. The cost of emergency transportation is $50.
Client understands that they may cancel service at any time without penalty, unless doing so violates the Cancelation Policy.
Client acknowledges that there are no performance guarantees. This includes the distance walked or your pet(s) relieving themselves during the time allotted.
Client agrees Service Provider will not provide any training services. This includes using a training clicker during services.
Client agrees to not record company’s services for the use or promotion or disparagement
Client understands Service Provider encourages the use of AirTags but is not responsible if item is lost or damaged.
Client must provide a minimum arrival window of one hour per appointment
Client agrees that the provider may use the pet owner's harnesses, leashes, collars, and waste bags, who will not receive reimbursement for waste bags. Service Provider accepts no responsibility for equipment malfunction.
Cancellations: Cancellation requests submitted via Scout before 7AM the same day of scheduled service are permitted up to twice per week totaling no more than three cancellations per calendar month. If cancellations cancellation exceed twice per week (Monday - Sunday) or three per calendar month, Client will be charged 50% of the rate of the services of which they are cancelling. This includes, but is not limited to, recurring appointments. Cancellations submitted via Scout on the same day of scheduled service will be charged 50% of the rate of service.
Cancellations must be submitted via Scout or manual scheduling fee of $2 will apply.
Refunds are not given. Credits are provided based on the cancellation policy.
Client may reduce scheduled service to a “Potty Break” only on days with inclement weather, which will not result in any penalty.
Client may not record Service Provider performing services without prior permission. Legal action against all disparagement against Service Provider will be pursued to the fullest extent to California State Law.
Client understands Service Provider holds right to refuse service to anyone
a.LIABILITY
Pet Owner waives and releases Service Provider from any claim arising from the death, illness, injury, or loss of the pet(s). If the pet(s) bites or injures the Service Provider or any other human or animal, the Pet Owner is liable for any resulting injuries. Furthermore, Pet Owner shall hold harmless and indemnify Service Provider against any and all costs, expenses, losses, liabilities, and claims arising out of or relating to any acts of the pet(s), except where caused by the Service Provider's negligence or intentional misconduct. See “Terms” for clarification regarding equipment malfunction.
Any damages to their pet or personal property are not the responsibility of Palm Tree Pet Care.
a.DISPUTE RESOLUTION
In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation. In the event that a dispute cannot be resolved through good faith negotiation, the Parties agree to submit to binding arbitration.
a.ENTIRE AGREEMENT AND AMENDMENT
This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties. This Agreement may be amended or modified only by a written agreement signed by all the Parties.
IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the first date written above.