Service Terms and Conditions Paperless Billing and Automated Payments

The purpose of this Agreement is to set forth the terms and conditions under which 800 Lawn Care (hereinafter called “Contractor”) will provide landscape maintenance and lawn care services for customers. This agreement and its terms are effective as of the date services are rendered and is between 800 Lawn Care, located at PO Box 1122 American Fork, UT 84003 And “Customer” located at the address mentioned and who is referred to as “Customer” in this contract. SATISFACTION GAURANTEE: At 800 Lawn Care, customer satisfaction is always 100% guaranteed. As a customer, if you ever feel that your service is not satisfactory, please contact us at 1-800-529-6227, or by visiting our website at www.800lawncare.com. If a service call is needed, we will respond within a 48 hour period. With a no charge for service calls policy every effort will be made to correct any of your lawn care concerns. SERVICES: “800 Lawn Care” will provide the services detailed hereafter at the property listed for the Owner and for the duration of the growing season. Services will begin on the date this contract is signed and will continue from year to year unless otherwise stated or as needed determined by property owner or canceled by owner in writing. LAWN MAINTENANCE: The lawn care service will include, but is not limited to: grass cutting, trimming around and against objects, fences, building, edging of hard surfaces and grass clippings removed from sidewalks and driveway, removal of any trash or debris created during service. LAWN CARE PROGRAM: 800 Lawn Care will provide a licensed and properly trained technician to service the lawn of the owner with a Seasonal Fertilizer Program consisting of balanced nutrients and weed control applications during the growing season at 6 week intervals to apply 6 treatments. WEEDING: 800 Lawn Care will maintain flower beds, planter areas, walks, drives and other areas as specified by manually, mechanically or chemically eliminating weeds as needed or requested by the Owner to prevent unsightly overgrowth. PROPERTY CLEAN UP: Spring and Fall clean ups of trash, leaves, weeds, dead plant material and other debris will be performed at appropriate times during the season and billed at a rate determined at time of service. SPRINKLER MAINTENANCE: 800 Lawn Care will perform a turn on service of the property’s water system in the spring and make any adjustments to the heads and timer control to provide sufficient coverage of lawn and planter areas. A shut down service will be performed in the fall and include a complete blowout of the system lines and winterize any parts to prevent freeze damage. This service will be billed at a rate determined at time of service. Continual maintenance and adjustments will be made as needed or requested by Owner throughout the season. Any repairs due to negligence or accident of the Contractor will be repaired immediately at the Contractor’s expense. Otherwise repairs will be billed at the, per hour rate plus parts and materials. OTHER SERVICES: Any additional services will be billed separate and written up in a separate agreement or addendum to this contract. (Such as yard clean up, planting flowers, putting in mulch, aeration, Dethatch, etc.) “800 Lawn Care” will furnish labor, tools and all equipment, materials necessary to perform the above services. “Owner” will be charged for all material used. “Owner” agrees to promptly notify “800 Lawn Care” of any dissatisfaction with the maintenance service to insure that maintenance is performed as agreed and corrected in a timely fashion if necessary. SERVICE ENROLLMENT REQUIREMENTS: All current and future customers are required to use one of the two payment options available. Prior to 800 Lawn Care performing any services the customer must enroll in the Automated Payment Service, you must be an active 800 Lawn Care customer and have an eligible account. You agree that the information you provide to 800 Lawn Care can go through a verification process. It is your sole responsibility to ensure that your contact information and user profile listed are current and accurate. This includes, but is not limited to, name(s), address, phone number(s), e-mail address(es) and account numbers. Changes can be made within your user profile online through “My Account.” 800 Lawn Care is not responsible and shall have no liability for any processing errors or fees incurred if you do not provide accurate account or contact information. 800 Lawn Care will provide to you the customer, a Paperless Billing and Automated Payment Service upon your agreement that your access and use of the Service will be subject to the following terms and conditions. By accepting or otherwise using the Service, you represent that you are the customer of record for the 800 Lawn Care account that you are enrolling in or that is enrolled in the Service, or duly authorized to act on behalf of, and with the express consent of, the customer of record; and that you agree to these Terms and Conditions. If you do not agree to comply with these Terms and Conditions, 800 Lawn Care will not provide the Service to you. Your use of the Service and/or agreement to these Terms and Conditions does not alter your liability or obligations that currently exist between you and 800 Lawn Care concerning your lawn care service, You are responsible for any and all other service charges and fees that may be assessed as a result of your request. None of the provisions in these Terms and Conditions supersede, modify or in any way mitigate your obligation to be bound by and comply with all applicable tariffs, rules or regulations related to your lawn care service. USE OF ELECTRONIC COMMUNICATION: By accepting or otherwise using the Service, you agree that any and all notices, disclosures and communications regarding the Service between you and 800 Lawn Care, including these Terms and Conditions, may be made electronically, including by 800 Lawn Care posting to its website in accordance with applicable law. Any electronic notice, disclosure or communication 800 Lawn Care makes will be considered made when transmitted by 800 Lawn Care. You understand that, upon activation of the Service, you will no longer receive 800 Lawn Care paper Statements or invoices through the mail. Instead, 800 Lawn Care will use commercially reasonable efforts to send you an e-mail notification to the e-mail address listed on your account. In the event you do not receive notification, it is your responsibility to contact 800 Lawn Care. AUTOMATED PAYMENT TERMS: By agreeing to these terms and conditions, you authorize 800 Lawn Care to automatically charge the credit, debit card or ACH account that you have specified each month for the total balance due on your monthly statement. You agree that the credit or debit card specified by you for automatic recurring monthly payments to 800 Lawn Care is and will continue to be an account that you control, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card, as applicable, to pay your monthly statement. The automatically recurring monthly charge to your credit or debit card will occur on or around the 5^th of each month. The total balance due on your statement may vary from month to month depending on the services requested by you and provided by 800 Lawn Care. At least 5 days before the payment due date, 800 Lawn Care will send you an e-mail informing you that the Statement is available for viewing online. Your monthly Statement will constitute your notice of any variance in the amount that will be automatically charged to your credit card or debited to your debit card from month to month. If you have any questions about the total balance due on your statement, you should contact 800 Lawn Care immediately. These terms and conditions shall constitute your copy of your authorization to 800 Lawn Care to automatically and on a recurring basis, charge your credit card or debit your debit card each month in the amount of the total balance due on your Statement. You agree that providing the information requested by 800 Lawn Care to set up automatic recurring payments and by checking the “I have read and understand these terms” box to confirm that you have read and understood these terms and conditions, constitutes a “writing signed by you.” “Owner” shall pay to “800 Lawn Care” the amount agreed upon in this contract for services rendered during the growing season. Any additional services above and beyond that which has been described within this contract will be detailed and billed separately. Charges for services rendered are billed on or about the 1^st of each month and are due and payable with in 15 days from date of invoice. Either party may cancel this contract with thirty (30) days written notice mailed to the party at the addresses listed in this contract. During this thirty (30) day period, lawn service will continue at the normal rates agreed upon under this contract. Upon cancellation any money due for services performed up and until that date shall be due within 10 days of the final visit for services made by “800 Lawn Care”. Any amounts past due under this contract will be charged one and one half percent (1.5%) per month or $15.00 minimum for anything past due over thirty (30) days. This amount will be added to the amount normally due under this contract. Once you are past due 30 days or more we reserve the right to stop service. This contract along with any addendums (if attached and signed) shall be governed by the laws of the State of Utah and constitutes the full and complete agreement between the parties hereto. “800 Lawn Care” guarantees to perform all services in a professional, workmanlike manner. Should “Owner’s” property be damaged by any neglect or failure by “Contractor” to fulfill its obligation under this Agreement, “800 Lawn Care” shall repair or replace such damage. “800 Lawn Care” shall not be liable for any damage due to Acts of God or Nature. “Owner’s” right to repair and replacement are the exclusive remedies and “800 Lawn Care” shall not be liable for damages, whether ordinary, incidental or consequential other than as expressly set forth herein. Any monies received by “800 Lawn Care” in the form of prepayments for services to be performed in the future will be credited to Customers account. In the event that services are unable to be performed as scheduled or promised by “800 Lawn Care” the Customer will receive a credit toward future services for the remaining amount or a refund of the remaining balance of the account. BANK ACCOUNT: To receive services you must designate an eligible deposit or other asset account (“Bank Account”) at a bank or other eligible financial institution (your “Financial Institution”) from which payments will be made (and for Direct Payment, from which automatic monthly payments will be made). You agree that, by scheduling a payment from your Bank Account, you authorize 800 Lawn Care to initiate debit entries to your Bank Account in such amount(s), and to initiate any debit or credit entries to your Bank Account necessary to correct any error in a payment. You also must authorize your Financial Institution to debit or credit your Bank Account in the amount of such payments or corrections. You agree that you have all necessary right, power, and authority to authorize each such payment. This authorization shall remain in full force and effect until 800 Lawn Care has received notice from you of your termination of such authorization in such time and in such manner as to afford 800 Lawn Care and your Financial Institution reasonable opportunity to act on it. PASSWORD AND SECURITY: You agree not to give or make available your password or other means to access your account to any unauthorized individuals. If you permit authorized users or other persons to use the Service or your password or other means to access your account, you are responsible for any transactions that they authorize. If you believe that your password or other means to access your account has been lost or stolen, or that someone may attempt to use the Service without your consent, you must immediately notify 800 Lawn Care by calling (800) 529-6227. CHANGES TO TERMS AND CONDITIONS: The Service and these Terms and Conditions may be modified or amended by 800 Lawn Care from time to time. In such event, 800 Lawn Care will provide notice to you in accordance with applicable law, which may be accomplished by posting such change on 800 Lawn Care’s website. Any use of the Services after 800 Lawn Care provides you with a notice of change will constitute your agreement to such change(s). ENTIRE AGREEMENT: You acknowledge and agree that these Terms and Conditions set forth are the complete and exclusive statement of the Service to be provided, and these Terms and Conditions supersede any proposal or prior agreement, oral or written, and any other communications between you and 800 Lawn Care relating to the subject matter hereof. These Terms and Conditions may only be modified in writing and may not be modified or altered verbally by any 800 Lawn Care company employees. GOVERNING LAW: This Agreement and the terms for the use of the Service shall be governed and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law. The terms of this Agreement remain in effect until such time that they may be updated. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES: By completing the enrollment form, you are authorizing 800 Lawn Care to display billing and payment information on a secured Internet site. 800 Lawn Care will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

1. Where it is necessary for completing transactions;
2. In order to comply with a governmental agency or court orders;
3. If you give us your written permission;
4. As otherwise permitted by this Agreement; or
5. As otherwise permitted by the 800 Lawn Care User Agreement and Terms and Conditions of Use, the 800 Lawn Care Agreement for Residential Services, the 800 Lawn Care Privacy Policy, set forth at www.800lawncare.com.

CANCELLATION: If e-mails are returned as undeliverable, 800 Lawn Care reserves the right to temporarily suspend services until accurate information can be obtained and verified to continue sending paperless statements and make automated payments. Your obligation to pay your 800 Lawn Care bill by the due date is not altered or modified in any way by any termination or cancellation of the Service. For your convenience services will continue and be on-going from year to year unless “owner” notifies “Contractor” of any changes or cancellation. In some instances, a request to cancel service is taken after a service invoice has been printed and is in a scheduled route with a technician for that day. In this case, every attempt will be made to notify that technician to avoid service being performed. In this scenario, if we are unable to reach that technician, or if the service has already been completed, your service termination will become effective after that particular treatment and you will be asked to remit payment for that service. If there is any change in the service fees from year to year you will be notified in writing 30 days before the date of such increase. The billing period of this contract shall continue through each year after the first year. For more information, please contact 1-800-LAWN-CARE.

Privacy Policy for 800 Lawn Care

This privacy notice discloses the privacy practices for www.800lawncare.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:

1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing 800 Lawn Care are the sole owner of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. Your Access to and Control Over Information You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 801-404-4242 or via email info@800lawncare.com.