Terms and Conditions

Terms and Conditions

1.1 Definitions:

1.1.1 Residential Customer – Is referring to a residential account holder and/or the representative of the property(s) at the address(s) of service contracted to a residential property

1.1.2 Commercial Customer – Is referring to a commercial account holder and/or the representative of the property(s) at the address(s) of service contracted to a commercial property

1.1.3 We - National Plowing

1.1.4 Service Provider – The independent contractors used by National Plowing to provide services

1.1.5 Contractor – The independent contractors hired by National Plowing that provide services to the customer(s) and commercial customer(s)

1.1.6 NP / We / The Company - National Plowing

1.1.7 This agreement / The Agreement - Terms and Conditions, This Document

1.1.8 Season / Plow Season / Snow Season – These terms describe the dates of service for the 2009-2009 winter plow season. These dates are specifically from the 16th day of November, 2009 through the 14th day of March, 2010

1.1.9 Customer / I / You – these terms are used to refer to both the residential customer(s) and commercial customer(s) collectively that are agreeing to the provisions in this agreement

1.1.10 Plowman – See: Service Provider, section 1.1.4

1.1.11 Currency – all currencies denoted with “$” are in US Dollars

1.1.12 National Plowing National Plowing is a subsidiary of Raging Storm Media, LLC, an Ohio Limited Liability Company. This agreement applies to both National Plowing and its parent company, Plane Simplicity, LLC. Raging Storm Media, LLC is understood to be in control of National Plowing, this agreement is understood to apply to Raging Storm Media, LLC as well as National Plowing, and Raging Storm Media, LLC will not be mentioned throughout the rest of this agreement.

1.1.13 Billing Cycle – A standard billing cycle is defined as one calendar month

1.1.14 Small Driveway – A residential driveway that has the capacity to fit between zero and eight two-axel passenger cars

1.1.16 Large Driveway – any residential driveway that is longer than 200 ft or any other residential driveway or paved surface that does not fit the definition of a small driveway

1.2 Terms of Service – Provisions regarding plow service

1.2.1 National Plowing reserves the right to alter this agreement at any time without notification to the customer. The current version of this agreement will be made available on our website at http://www.nationalplowing.com as a link at the bottom of the page. This agreement is also available upon request by emailing nationalplowing@gmail.com

1.2.2 We reserve the right to cancel any residential customer(s) and/or commercial customer(s) account at any time. Upon our decision to close an account, the residential customer(s) and/ or commercial customer(s) will be notified by email within 24 hours of our decision. The remaining balance of the account will be refunded subject to the refund policy (section 1.5) of this agreement

1.2.3 By agreeing to these terms, the residential customer or commercial customer understands that during times of heavy snowfall, our contractors may not be able to plow in a timely manner and they will receive service as fast as possible, but are not guaranteed to receive services prior a specific time unless otherwise agreed upon in writing with National Plowing

1.2.4 Our season, as defined in section 1.1.8 of this agreement, is the 16th day of November, 2009 through the 14th day of March, 2010. I understand that services will not be provided outside of the season unless otherwise agreed upon in writing with NP

1.2.5 Residential customers understand that the services provided do not include any of the following: Salting, Ice Removal, Chemicals or Traction aids of any kind, Plowing of walkways, Salting of walkways, Snow removal within two feet of permanent structures, snow removal within two feet of vehicles and/or obstacles

1.2.6 National Plowing uses independent contractors to provide plowing services to its customers.  The plow driver that routinely provides service to a customer(s)’s location is not guaranteed to be the same. We reserve the right to change contractors without notice to the customer(s) at any time

1.2.7 National Plowing’s contractors plow when snow reaches a minimum level of 2 inches of snowfall has accumulated which is at our discretion. You understand that you will not receive service for any snowfall that does not exceed two inches of accumulation unless otherwise agreed upon in writing with NP

1.2.8 National Plowing provides snow plow services, also known as snow removal services. This service includes plowing snow by pushing snow away from surfaces used for vehicle travel and storing it on the property. I understand that this is the service provided and do not expect any additional service(s) with the exception of commercial plans that involve salting and/or sidewalk services or unless otherwise agreed upon in writing with NP

1.2.9 National Plowing reserves the right to refuse service to any location for any reason

1.3 Limitations on Liability

1.3.1 NP utilizes private, independent contractors to provide service to its customers. As the customer, I understand that National Plowing is not responsible for the actions of the individuals. I understand that National Plowing is not liable for the actions of these individuals. Service contractors are liable for their actions as agreed upon in the Plowman Terms and Conditions that they agreed to upon being selected as a service provider by NP.  National Plowing will, however, make attempts to solve any problems/disputes as outlined in Dispute Policy (section 1.6) of this agreement. Independent contractors and their respective insurance providers are responsible for any damage not covered in this agreement

1.3.2 National Plowing agrees to provide plow services as defined in section 1.2.8 of this agreement. This does not guarantee that a vehicle(s) are assured to maneuver through the surfaces that were plowed, and I will not hold National Plowing liable for any costs, problems, and inconveniences caused by a vehicle not being able to travel over plowed surfaces or getting stuck on/in a surface that was plowed. This includes, but is not limited to costs of towing and or pull-out services, cost associated with late arrival at work, or time spent getting a vehicle unstuck

1.3.3 NP uses private, independent contractors to provide services to our customers. As referred to in section 1.3.1 of this agreement, you agree not to hold NP liable for the actions of its contractors. I understand that because of this, the contractor is liable for any damages to property, vehicles, mailboxes, structures, etc… not NP, and I cannot hold NP liable for any damages. NP will, however, make an attempt to solve any problems/disputes as outlined in Dispute Policy (section 1.6) of this agreement.

1.3.4 In order to prevent damages, customers are responsible for notifying National Plowing of any obstacles or fixed objects that could be damaged during routine plowing when the service provider’s vision may be obstructed by snow accumulation. Failure to notify NP of these obstacles releases NP and its service providers of any and all liability for damages. Notification must be made by email, voicemail, or directly talking with a representative of NP to be valid. Once reported, these obstacles are required to be flagged/marked by the customer(s) placing reflectors or brightly colored, easily visible flags at all four corners of the obstacle to ensure that it will not be damaged. The customer furthermore understands that this obstacles zone will not be plowed. The customer is also liable for the cost of any materials used as markers for these obstacles zones and agrees to purchase these items. If these items must be placed by the service provider, the customer will be billed for the cost of the materials and agrees to pay these charges.

1.3.5 Commercial customer(s) understand that salting may cause irreversible damage to concrete and other paved surfaces. NP is not liable for any damages caused by salt and/or any chemical or friction aid requested by the customer. Blacktop is known to be less affected by salting, however, you agree not to hold NP or its contractors liable for damage to paved surfaces as a result of the spreading of melting and or friction aids such as salt

1.3.6 Plowing is a pushing and scraping service. Routine plowing to any surface may cause wear to the surface. I agree not to hold National Plowing or its contractors liable for wear and tear and damages to surfaces resulting from routine plowing

1.3.7 National plowing is not responsible for any: A) damage to landscaping caused by the piling of snow.  B) Damage to items that are snow-covered or not visible.  C) Damage caused by equipment when tree, shrub and sidewalk areas are not reasonably delineated due to snow accumulation.  D) Personal injuries resulting from slip and fall accidents; and/or E) Acts of God, including but not limited to extraordinary weather conditions.

1.4 Billing Policy

1.4.1 I agree to pay National Plowing the current posted rates (which are subject to change with notification as outlined in section 1.4.3 of this agreement for residential customers and section 1.4.4 for commercial customers) for snow removal services as outlined in this agreement for the correct driveway length of my driveway for a residential account, as defined in section 1.1 of this agreement or the current published rates for commercial plowing services for a commercial account. The current rates are available on our website at http://www.nationalplowing.com or by emailing a request to nationalplowing@gmail.com

1.4.2 You will be charged for services before they are provided (all services are pre-paid). At no time will you be given services before they are paid for.

1.4.3 Prices are subject to change at any time. NP agrees that you must be notified at least 72 hours prior to being billed a higher rate.  Notification of a rate change will be sent to you via email, and you agree that if you do not respond within that 72 hour period to cancel services that NP may bill you at the notified, higher rate

1.4.4 Commercial customers agree to the terms of section 1.4.3 in addition to the provisions of this section (1.4.4). Commercial customer accounts are pre-paid a minimum $500 and commercial customers agree to pre-pay for services. In addition, NP reserves the right to automatically bill the commercial customer to maintain this account. When a commercial accounts funds drop below $100, NP will automatically charge or bill the commercial customer whatever amount is necessary to return the balance to $500. At no time will a commercial account receive services if its account balance is less than $60 and a commercial account will not receive services that would result in the account balance dropping below $0

1.4.5 Customers receiving salt, chemical, or any melting/friction aid services pay published rates that are based off of current market price, plus a handling fee. Prices of salt are subject to change at any time without notification as market prices change. You will be billed the current published rate as noted by the independent plow driver directly purchasing the salt, chemical, or melting/friction aid.

1.4.6 Residential customers may receive ice melting/friction aid services if agreed upon separately from this agreement in writing with National Plowing.

1.4.7 Billing will be processed approximately one week prior to any planned services. Specific billing day is subject to change without notice and is not guaranteed to be the same during every billing cycle.

1.4.8 We reserve the right to bill customers during every billing cycle (as defined in section 1.1.13 of this agreement) or monthly at our discretion without notice to the customer. This is to correct overpayment of periods in our season that are not full months. During those months, customers should expect to be billed weekly at a prorated cost, rather than monthly, but may be billed for a full month as outlined in section 1.4.9 of this agreement.

1.4.9 Our season ends in the middle of a calendar month. We reserve the right to bill the customer and refund the unused portion of the account funds at a later period in time subject to refund policy (section 1.5) of this agreement.

1.4.10 Our services are designed to be cost effective for both the customer and the independent contractors used to provide services to the customer. Because of this, as a customer I understand that I will be paying for services whether or not snow falls and/or snow accumulation occurs and there may be some weeks where no services are provided. Furthermore, customers understand that they will not be refunded for weeks without snow and/or snow accumulation that result in plowing

1.4.11 By selecting a monthly plan, I understand and accept that billing will be automatically set up as a re-occurring charge and is subject to section 1.4.8 regarding the billing cycle. Once charged, an account’s funds are also subject to the Refund Policy (section 1.5) of this agreement

1.4.12 Customers who elect to start services immediately, mid-week, or any day before the Monday of the next calendar week understand that NP does not pro-rate individual days (as defined by section 1.4.13 of this agreement) and that the customer will be billed for the entire, current calendar week, then billed in advance for the next calendar week to comply with section 1.4.2 (regarding pre-payment) of this agreement.

1.4.13 National Plowing does not prorate charges for any term less than one calendar week. I recognize and understand that I will never be billed for any term less than one calendar week.

1.4.14 If you misrepresent the size of your driveway in order to pay a cheaper rate, or provide any false information to National Plowing, NP reserves the right to change your rate plan to the correct plan without notifying you. This section is not subject to section 1.4.3, and your prices may be changed without notification in this case. Furthermore, National Plowing reserves the right to refuse service to a customer until the account has been corrected to the proper price level and we reserve the right to charge a customer back payment for any driveway that was misrepresented. You can find driveway size definitions in section 1.1 of this agreement

1.4.15 NP will not set up a residential address with a commercial account, nor will NP set up a commercial address with a residential account

1.4.16 Commercial accounts are free to change their level of service at any time by talking to an NP representative, emailing us, or leaving us a voicemail. Service changes will start the Monday of the next calendar week unless otherwise requested and agreed upon.

1.4.17 All commercial services will be debited from the prepaid commercial account as they are provided.

1.4.18 Account balances are not transferable to other addresses or locations.

1.5 Refund Policy

1.5.1 Refunds will never be given for any amount greater than the remaining account balance.

1.5.2 Refunds for a service problem are not subject to section 1.5.1 or 1.4.13 of this agreement, but will only be given for one day’s services. In order to receive a refund for a day with a service problem, NP must be notified of the problem within 24 hours of the disputed day. NP must be notified by one of the following methods: Direct conversation with an NP representative, email, or voicemail. If we do not receive notification within the specified 24 hour time frame, your charges will not be refunded. Please note that service problems are subject to dispute policy (section 1.6) of this agreement.

1.5.3 While refunds are processed as soon as possible, they can take up to six weeks for processing and delivery.

1.5.4 Customers wishing to cancel service must submit a request for cancellation no later than noon the Friday before the week you wish to stop receiving service to avoid being billed for the next week of service. The request must be received by one of the following methods: Direct conversation with an NP representative, email, or voicemail. After the stop date is reached, the remaining account balance will be refunded as outlined in this agreement.

1.5.5 Commercial customers that select a plan that includes optional services such as salting, sidewalk clearing, etc… understand that this plan will be set up to include those services for the entire season, that they will be billed for those services, and that those payments cannot be refunded once the services have been performed. Nor, at any time will NP provide optional services that are not included in the plan that the commercial account holder has selected. Commercial account holders that wish to have optional services for limited amounts of time should contact NP via telephone or email to set up a separate agreement.

1.5.6 All customers understand that refunds and cancellations are process at the end of the week. Refunds will not be prorated and will be given for remaining account balances only unless otherwise noted in this agreement. Requests must be received before noon on the Friday of the week, or you request will not be fulfilled until the next calendar week’s end.

1.6 Dispute Policy

1.6.1 National Plowing will attempt to correct any problem or settle any dispute between the customer and itself and/or National Plowing’s independent contractors

1.6.2 If you have a dispute or problem, NP must be notified within 24 hours by one of the following methods: Direct conversation with an NP representative, email, or voicemail. No other forms of communication will be accepted and requests received more than 24 hours after incident will not be considered for refunds

1.6.3 If you have problems with a day of service, NP will refund that day’s charges as outlined in section 1.5.2. NP will not refund more than one day’s charges, and per section 1.5.2, must be notified within 24 hours of the problem occurring to be considered for a refund

1.6.4 While we will make every attempt to correct a bad situation, National Plowing is not liable for the actions of its independent contractors or damages resulting from their actions as outlined in section 1.3 of this agreement. If we are unable to resolve a dispute with an independent contractor, the customer will be provided with the contractors contact information so that they may seek further action in resolving a dispute

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©2011 National Plowing

NationalPlowing@gmail.com