Terms of Service

    Effective Date: August 17, 2025

    These Terms of Service ("Terms") govern the relationship between Lowest Price Tree Service and Arbor Consulting LLC ("we," "us," or "our") and any commercial client ("you" or "client") who engages our services through nycArborist.com or by signed service agreement. By requesting services, signing a service agreement, or otherwise engaging with us, you agree to be bound by these Terms.

    1. Services Covered

    We provide professional arborist services for commercial clients, including but not limited to:

    • Tree protection plans
    • Tree condition reports
    • NYCDPR permit application filing
    • DOB tree inspection scheduling for removal and removal of DOB violations through DOB Violation Dismissal Form requests (including submission of arborist reports for up to two trees)
    • NYCDPR tree planting for new construction
    • Onsite arborist consulting for construction oversight within 50 feet of NYCDPR trees, including sidewalk installation for new construction, utility installation and repair, DDC or other NYC municipal projects, NYCDPR tree pruning, root inspection for tree damage assessment
    • Pneumatical air excavation for root exposure and inspections

    2. Client Responsibilities

    • You are responsible for obtaining all permits required for your project, except NYCDPR permits and DOB tree violations that require correction through tree removal.
    • You must provide accurate property and project details, grant site access, and comply with all applicable NYC laws and regulations.

    3. Pricing & Payment Terms

    • All services are charged per service as listed in your service agreement.
    • Payment is due upon signature of the service agreement requesting services.
    • Accepted payment methods: credit/debit card, Apple Pay, and check image (front and back).
    • Refunds:
      • No refunds are issued for arborist services such as reports, protection plans, or permit applications unless the application has not yet been submitted to the NYC Parks Department or DOB.
      • For onsite arborist consulting, a 50% refund will be issued if canceled within 48 hours of the service request via signed service agreement.
    • Late payments (when billing is issued) are subject to 1.5% monthly interest or the maximum rate permitted by law, plus reasonable collection costs, including attorney's fees.

    4. Warranties

    • Tree planting is warranted for 12 months from the planting date or until NYC Parks sign-off, whichever comes first, subject to limitations stated in your service agreement.

    5. Intellectual Property

    • All reports, plans, and documents provided to you are for your use only.
    • You may not duplicate, resell, redistribute, or use our materials for marketing or representation without our written consent.
    • You may not impersonate our business, use our arborist certification number, or produce derivative works using our content.

    6. Indemnification

    You agree to indemnify, defend, and hold harmless Lowest Price Tree Service and Arbor Consulting LLC, its owners, employees, contractors, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

    • Your breach of these Terms
    • Your violation of any applicable laws or regulations
    • Your negligence, misconduct, or misuse of our services or deliverables

    7. Limitation of Liability

    We are not responsible for delays, denials, or modifications of permits by NYC Parks, DOB, or other agencies. We are also not liable for any indirect, incidental, or consequential damages related to our services.

    8. Privacy & Data Use

    • We collect personal and project information in order to provide our services.
    • This information is stored in a secure database and may be referenced for future service requests by the same client.
    • We do not sell, share, or distribute your information to third parties, except as required to fulfill service requests or comply with legal obligations.

    9. Termination

    Either party may terminate the agreement with written notice. Upon termination, any completed work remains payable, and any deliverables provided remain subject to these Terms.

    10. Dispute Resolution

    • Any dispute arising from these Terms shall be resolved by binding arbitration in Richmond County, New York, under the rules of the American Arbitration Association.
    • Each party shall bear its own costs, except that the prevailing party may recover reasonable attorney's fees and costs.

    11. Governing Law

    These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

    By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.