Terms of Service

Last Updated: April 11, 2026 – Twilight Tree and Landscapes – Ozark, MO

1. Entire Agreement

These Terms of Service ("Terms"), together with any written quote or work authorization, represent the entire agreement between you ("Customer," "you," or "your") and Twilight Tree and Landscapes ("Twilight Tree and Landscapes," "we," "us," "our"). These Terms may not be amended or modified except by a subsequent written agreement.

Any alteration or deviation from the agreed-upon specifications involving extra costs will be executed only upon written order and will become an extra charge over and above the original agreement. All agreements are contingent upon accidents or delays beyond our control.

All work is guaranteed to be performed in accordance with the specifications submitted and completed in a substantial, workmanlike manner.

2. Services Provided

Twilight Tree and Landscapes provides professional tree care and land-management services, including:

  • Tree removal (all species & sizes)
  • Tree trimming & pruning
  • Stump grinding & excavation
  • Land clearing, brush clearing & debris removal
  • Forestry mulching & grading
  • Tree planting
  • Irrigation installation & repair
  • Emergency services (24/7)

Services may vary depending on equipment availability, weather conditions, safety considerations, and legal requirements.

All work is performed by trained personnel. Tony Kerley is an ISA Certified Arborist (WE-12752A). We carry $2,000,000 in liability coverage and workers’ compensation for full-time employees.

3. Deposits, Payment & Scheduling

3.1 Deposits

A deposit may be required to schedule any service(s). All deposits are non-refundable.

3.2 Payment

The balance of each individual service is due upon completion of that service unless otherwise stated in writing. Accepted payment methods will be communicated during scheduling.

3.3 Estimates & Quotes

We provide written or verbal estimates after evaluating the job site. Estimates are not binding offers and may change based on actual site conditions. A formal quote outlines the agreed-upon scope, pricing, and job details. Work is scheduled once you approve the quote. Any proposal may be withdrawn by us at any time prior to acceptance.

3.4 Change Orders

If site conditions differ from what was communicated – or if you request additional work – an updated quote will be required. Any alteration involving extra costs will only be executed upon written order.

4. Cancellations

4.1 Customer Cancellations

Cancellations given on the same day as the scheduled work are subject to a 50% cancellation fee. Cancellations not given at least 3 business days prior to scheduled work are subject to a cancellation fee of $75 or 10% of the contract, whichever is greater.

Cancellation fees are in addition to any non-refundable deposits.

4.2 Company Cancellations

We may cancel or reschedule due to:

  • Unsafe weather
  • Equipment failure
  • Hazardous site conditions
  • Misrepresentation of job details

We will make reasonable efforts to reschedule promptly.

5. Late Fees, Finance Charges & Collections

A late fee of 15% will be assessed 14 days after service on any unpaid balances. In addition, a finance charge of 10% per month will be assessed on any unpaid balances and late fees.

All costs incurred in the collection of past-due balances – including any legal fees resulting from collection efforts – are the sole responsibility of the customer and will be added to any unpaid balances, late fees, and finance charges.

6. Customer Responsibilities

You agree to:

  • Provide safe and clear access to the work area
  • Secure pets, vehicles, and property
  • Notify neighbors if access to their property is required
  • Identify underground utilities (irrigation, septic lines, cables, etc.) unless we have agreed to handle locates
  • Obtain necessary permits unless otherwise stated in the quote

6.1 Property Boundaries & Ownership

You are responsible for providing us, prior to the start of any work, with accurate and complete information about the boundary lines of the property and any restrictions, easements, encumbrances, or rights-of-way that affect the property. By authorizing work, you confirm that all trees, plants, and property upon which the work will be performed are owned by you, or that you have the authority to order the work.

7. Service Limitations & Safety

Tree work involves inherent risks. To protect our crew and your property:

  • We may pause or reschedule work due to unsafe conditions (weather, access limitations, ground instability, etc.).
  • You must follow all on-site safety instructions.
  • You may not enter the active work zone at any time during operations.

If unsafe conditions are created by the customer, we may reschedule or cancel the job, and additional fees may apply.

8. Stump Grinding, Digging & Underground Hazards

All stump grinding, digging, trenching, root feeding, and similar services are performed at the customer’s request. Because underground items are not always known or visible, Twilight Tree and Landscapes is not responsible for any damage resulting from these services to any underground items, including but not limited to: utilities (electrical, gas, water, etc.), irrigation and sprinkler lines, pool equipment and pipes, lighting, and gas lines.

We are not liable for damage to unmarked utilities, hidden structures, or obstacles outside of our knowledge or control.

9. Sucker Growth After Tree Removal or Stump Grinding

Many species of trees produce sucker growth from their roots. Removal of the main trunk can accelerate this sucker growth, even if the stump is ground. Unless otherwise specified in writing, our stump grinding price includes grinding the main trunk of the tree 4″–6″ below grade.

There are various methods that may help control sucker regrowth; none can be guaranteed. We recommend treating suckers like any other weed in your yard until they stop returning. Twilight Tree and Landscapes will not return at no charge to address sucker growth.

Some trees known for sucker growth include, but are not limited to: cottonwood, sycamore, sumac, and other locally common species. We do offer stump treatment with total vegetation control for an additional cost; however, stumps of invasive species may require multiple treatments.

10. Planting Guarantee & Limited Warranty

Planting shall be guaranteed and warrantied for 3 (three) months from the date of installation. This warranty covers a one-time replacement that includes plant material and labor costs, provided that an automatic watering system is installed or is existing and operating correctly at the time of planting. Twilight Tree and Landscapes must verify the system is in working condition. Trees must be properly watered and maintained.

This warranty covers only defects in materials or workmanship and expressly excludes:

  • Plant material affected by insect or disease
  • Plants that do not survive due to failure to provide normally accepted horticultural or arboricultural care and maintenance
  • Damage caused by humans, animals, wind, freezing, fire, flooding, or any other natural phenomena
  • Storm damage, frost damage, vandalism, or neglect

Water all newly planted trees daily for the first 10 days. After this period, follow watering guidelines appropriate for your trees’ needs and soil conditions. At the first sign of anything unusual with your new plant material, contact us immediately. Waiting until after a plant is already dead may void your warranty.

11. Irrigation Guarantee & Limited Warranty

Twilight Tree and Landscapes warrants the workmanship only of materials installed for a period of 2 (two) years from the date of installation. Major system components such as the controller, valves, sprinkler heads, pipe, and backflow device are warrantied by the manufacturer directly, not by Twilight Tree and Landscapes, and the length of warranty may vary by manufacturer. Minor system components such as emitters, ¼″ poly, and diaphragms are not typically warrantied by any manufacturer.

This warranty expressly excludes: improper usage of the system, damage caused by pets, freezing, fire, flooding, or any other natural phenomena, or damage by any other cause. Any modification or repair of the system by any person(s) or company other than Twilight Tree and Landscapes voids this warranty.

This warranty does not apply to clogging of system components due to debris in the water supply, defects resulting from decreased water main static pressure, changes to landscaping or plant growth, or changes in the size of the customer’s lot. During the warranty period, the customer is solely responsible for all adjustments to sprinkler heads and the controller.

12. Emergency Services

We offer 24/7 emergency response. Emergency work may require immediate stabilization, partial removals, or modified procedures to protect life and property. Pricing for emergency services may differ from standard pricing.

13. Cleanup & Debris Removal

Cleanup is only provided if explicitly stated in the quote. When included, it covers the debris removal described in the agreed scope. Any additional cleanup, chipping, hauling, or debris processing beyond what is listed in the quote may result in additional charges.

14. Insurance, Licensing & Certifications

  • Twilight Tree and Landscapes is insured with $2,000,000 in liability coverage.
  • Workers’ compensation is provided for full-time employees.
  • Twilight Tree and Landscapes is licensed and insured.
  • Tony Kerley is an ISA Certified Arborist (WE-12752A).
  • All work is performed in compliance with applicable Missouri state and local regulations.

Proof of insurance is available upon request.

15. Exclusive Warranties

The limited warranties described in these Terms shall be the exclusive warranties made by Twilight Tree and Landscapes. No other warranties shall apply, whether expressed or implied. Twilight Tree and Landscapes expressly disclaims any implied warranty of fitness for a particular purpose and any implied warranty of merchantability.

16. Liability Limitations

To the fullest extent permitted by Missouri law:

  • Our total liability is limited to the amount you paid for the work in question
  • We are not responsible for indirect or consequential damages (loss of profit, delays, etc.)

We are not responsible for damage caused by:

  • Unmarked underground utilities
  • Pre-existing tree defects (cracks, decay, rot, weak structure)
  • Weather events before, during, or after work
  • Hidden hazards we could not reasonably detect

Tree conditions can change rapidly. We do not guarantee long-term outcomes for live trees.

17. Website Use & Content

17.1 Intellectual Property

All website content – including text, images, logos, and media – is the property of Twilight Tree and Landscapes or its licensors. You may not copy, redistribute, or republish any content without written permission.

17.2 Acceptable Use

You agree not to:

  • Attempt unauthorized access to the website
  • Use the website for unlawful or harmful purposes
  • Disrupt or interfere with website functionality

18. Data Collection & Communications

18.1 Information Collected

We collect:

  • Contact form submissions (name, email, phone, address, job details)
  • Analytical data via Google Analytics (GA4)
  • Advertising performance data via Google Ads conversion tracking
  • Search performance data via Google Search Console
  • Session analytics via Microsoft Clarity (heatmaps and session recordings)
  • Call tracking data (we use call tracking numbers on our website and landing pages to measure advertising performance)

For more details on how we collect and use your information, please see our Privacy Policy.

19. Governance & Dispute Resolution

These Terms are governed by the laws of the State of Missouri.

Any dispute will first be addressed through good-faith communication. If unresolved, disputes may be submitted to mediation or resolved in a court of competent jurisdiction in Christian County, Missouri.

20. Updates to These Terms

We may update these Terms periodically. The most recent version will always be available on the website, with the effective date clearly displayed.

Continued use of our services or website after updates constitutes acceptance of the new Terms.

21. Contact Information

Twilight Tree and Landscapes
Ozark, MO 65721

Phone: 417-319-4819
For written inquiries, please use our contact form.