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Terms and Conditions

Bescape Terms and Conditions: Conceptual Landscape Design Services

 

Welcome to Bescape. These Terms and Conditions (“Agreement”) govern your use of our website and the purchase of our Conceptual Landscape Design services. By accessing this website, purchasing a design package, or clicking 'I Agree' at checkout, you (the “Client”) acknowledge that you have read, understood, and agree to be bound by these Terms.

 

1. Scope of Services

Bescape (the "Designer") provides Conceptual Landscape Design services to the purchaser (the “Client”) of Bescape design services. These services may include artistic renderings, plant palettes, layout, and detail suggestions.

  • Design Only: Services are limited to the creation of visual design documents.

  • No Construction Documents: The deliverables are for aesthetic and conceptual purposes only. They are not intended for use as structural engineering, architectural, or technical construction documents.

2. Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:

  • Provide necessary information or feedback within a period of thirty (30) days. If no feedback is provided within thirty (30) days of Bescape’s submission of project deliverables to the client, the project will be considered "abandoned”.

  • Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions.

  • Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development or design.

  • Provide Bescape all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which Bescape may rely upon.

  • Arrange for access to the site and other property as required for Bescape to provide its services.

  • Review all documents or reports presented by Bescape and communicate decisions pertaining thereto within a reasonable time so as not to delay Bescape.

  • Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary.

  • Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client.

  • Give prompt written notice to Bescape whenever the Client becomes aware of any development that affects Bescape 's services or any defect or noncompliance in any aspect of the project.

3. Nature of Deliverables

All drawings, plans, and 3D renderings provided by the Designer are conceptual.

  • Measurements, scales, and quantities are approximate.

  • The Client is responsible for hiring a licensed contractor, engineer, architect, or surveyor to verify all dimensions and site conditions before any physical work begins.

  • Bescape does not guarantee exact color matching of materials or plants due to variations in digital display and natural material growth.

4. Estimates and Market Volatility

  • No Guaranteed Costs: Any budget ranges, cost estimates, or material quantities provided by Bescape are "good faith" conceptual estimates only.

  • Market Fluctuations: The Client acknowledges that the cost of landscaping materials (including but not limited to lumber, natural stone, concrete, and nursery stock) is subject to market volatility. Bescape does not guarantee the price or availability of any suggested materials.

  • Contractor Bidding: Final construction costs must be determined solely by the Client’s chosen licensed contractor at the time of purchase. Bescape shall not be liable for any discrepancy between conceptual estimates and actual contractor bids.

5. Professional Limitations & Engineering

The Designer is not a licensed civil engineer, structural engineer, land surveyor, landscape architect, or architect.

  • Any technical requirements—including but not limited to drainage calculations, retaining wall structural integrity, pool engineering, or utility locations—must be verified and drafted by a licensed professional in the respective field. The Designer assumes no responsibility for structural failures or code violations.

6. Permits and HOA Approvals

The Client is solely responsible for:

  • Obtaining all necessary building permits and local government approvals.

  • Submitting designs to Homeowners Associations (HOA) or Property Owners Associations (POA) for approval.

  • Ensuring the design complies with local easements, setbacks, and zoning laws.

7. Intellectual Property

  • Ownership: The Designer retains all copyrights to the designs, drawings, and intellectual property created during the project.

  • Usage License: Upon full payment, the Client is granted a non-exclusive, one-time license to use the design for the specific property address provided to the Designer. 

  • Marketing: The Designer reserves the right to use photos of the property and copies of the design for promotional and portfolio purposes.

8. Fees and Payment

  • Pre-Payment Required: Full payment of the project fee is required prior to the commencement of any design work. No research, site analysis, or drafting will begin until the total balance has been cleared.

  • Non-Refundable Status: Due to the custom nature of design services and the immediate allocation of resources, all fees paid are non-refundable once work has commenced.

  • Final Delivery: Upon completion of the design process, the final high-resolution documents will be delivered via email to the Client.

  • Additional Revisions: This agreement includes one (1) round of minor revisions which may include a change in plant species, adjustment of patio or ground fill element boundaries or changes of material. A full site redesign is not considered a minor revision. Any requests for changes beyond the initial scope or after the final documents have been delivered will be billed separately and must be paid in full before the revised documents are released.

  • Project Dormancy: If the Client fails to provide necessary information or feedback for a period of thirty (30) days, the project will be considered "abandoned." Re-activating an abandoned project may be subject to a re-start fee of $150. Once a project is deemed abandoned, Bescape is under no obligation to resume work until the re-start fee is paid and a new timeline is established.

9. Limitation of Liability

To the maximum extent permitted by law, the Designer’s total liability for any claims, losses, or damages arising out of this agreement shall not exceed the total amount of the fees paid by the Client to the Designer. The Designer is not liable for any issues arising from the construction phase or the performance of third-party contractors.

  • Standard of Care. The standard of care applicable to Bescape’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by Bescape's performance of services, and it is agreed that Bescape is not a fiduciary with respect to the Client.

  • Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation.

  • Construction Costs. Under no circumstances shall Bescape be liable for extra costs or other consequences due to changed or unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications.

 

PURSUANT TO FS 558.0035, EMPLOYEES OF BESCAPE MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT.

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