Terms of Service of 株式会社 Sakura Green Garden Studio
Effective Date: [Insert Effective Date]
1. Introduction and Acceptance of Terms
These Terms of Service (these “Terms”) govern the use of the services provided by 株式会社 Sakura Green Garden Studio (the “Company”, “we”, “us”, or “our”), located at 〒158-0097 東京都世田谷区用賀4丁目10-1 Sakura Green Garden Studio, and apply to all clients, customers, and users who request, receive, or otherwise use our services.
By requesting a quotation, making a reservation, signing a service agreement, paying an invoice, or otherwise using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
These Terms are intended to be interpreted and applied in accordance with the laws of Japan, including the Civil Code, the Consumer Contract Act, the Act on Specified Commercial Transactions where applicable, the Act on the Protection of Personal Information, and other relevant laws and regulations.
2. Scope of Services
The Company provides garden and landscape-related services, including but not limited to:
- Garden design and planning
- Seasonal garden maintenance
- Tree and shrub pruning
- Lawn care and turf management
- Irrigation system installation
- Plant selection and planting
- Stone path and garden feature setup
The exact scope, specifications, schedule, deliverables, and fees for each project shall be set out in a quotation, proposal, work order, service agreement, or other written or electronic confirmation issued by the Company and accepted by the customer.
Unless expressly agreed otherwise in writing, the Company does not guarantee specific growth outcomes, survival rates of plants, or long-term performance of natural materials, as such outcomes may be affected by weather, soil conditions, pests, disease, maintenance practices, and other factors beyond our control.
3. User Obligations and Responsibilities
You agree to:
- Provide accurate, complete, and current information necessary for quotations, scheduling, and performance of the services;
- Ensure safe and reasonable access to the property, including access to water, electricity, and work areas where required;
- Disclose any known hazards, underground utilities, drainage issues, structural concerns, pest infestations, or site conditions that may affect the services;
- Obtain any necessary permissions, approvals, permits, or consents from landlords, condominium associations, neighbors, or public authorities, unless otherwise agreed in writing;
- Remove or secure valuables, fragile items, pets, and personal property from work areas before service begins;
- Follow any maintenance instructions, watering schedules, or aftercare guidance provided by the Company;
- Promptly inspect completed work and notify the Company of any concerns within a reasonable time;
- Use the services only for lawful purposes and in compliance with applicable laws and regulations.
You are responsible for any loss, delay, or additional cost arising from inaccurate information, failure to provide access, failure to obtain required approvals, or failure to follow the Company’s instructions.
4. Payment Terms and Conditions
Fees, taxes, and payment schedules shall be specified in the applicable quotation, invoice, or service agreement. Unless otherwise stated, all amounts are in Japanese Yen (JPY).
- Quotations may be subject to revision if site conditions, material costs, labor requirements, or project scope change after inspection or commencement of work.
- The Company may require a deposit or advance payment before ordering materials, reserving labor, or commencing work.
- Unless otherwise agreed in writing, invoices are due within the period stated on the invoice. If no period is stated, payment is due immediately upon issuance.
- Late payments may result in suspension of services, cancellation of scheduled work, and/or statutory late payment charges to the extent permitted by law.
- Any bank transfer fees, remittance charges, or payment processing fees shall be borne by the customer unless otherwise agreed.
- Additional work requested by the customer or required due to unforeseen site conditions will be charged separately.
The Company may withhold delivery of final reports, maintenance schedules, or completion confirmation until all outstanding amounts have been paid in full.
5. Cancellation and Refund Policy
Cancellation requests must be submitted to the Company in writing or by email. The following rules apply unless a different cancellation policy is stated in the quotation or service agreement:
- If the customer cancels after the Company has begun planning, site inspection, procurement, or preparation work, the Company may charge reasonable cancellation fees and any non-recoverable costs incurred.
- If the customer cancels after materials have been ordered, the customer shall be responsible for the cost of those materials and any restocking or disposal fees, where applicable.
- If the customer cancels a scheduled service visit with insufficient notice, the Company may charge a cancellation fee reflecting reserved labor and travel costs.
- If the Company cancels due to force majeure, unsafe conditions, non-payment, or customer breach, the Company shall not be liable for indirect losses, and any refund shall be limited to amounts received for services not yet performed, less non-recoverable costs.
Refunds, if any, will be processed using the original payment method or another method reasonably determined by the Company, subject to applicable law.
For custom design work, consultation services, and specially procured plants or materials, refunds may be limited or unavailable to the extent permitted by law, because such services and items are tailored to the customer’s specific requirements.
6. Liability Limitations
To the maximum extent permitted by applicable law, the Company shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profit, loss of business opportunity, loss of data, or reputational harm, arising out of or in connection with the services or these Terms.
The Company’s total liability for any claim arising from or related to the services shall be limited to the total amount actually paid by the customer to the Company for the specific service giving rise to the claim, except where such limitation is prohibited by law.
The Company shall not be responsible for:
- Damage caused by hidden defects, pre-existing site conditions, underground utilities, or structural issues not disclosed by the customer;
- Damage caused by severe weather, natural disasters, pests, disease, or other conditions outside the Company’s reasonable control;
- Decline, death, or failure of plants due to improper watering, maintenance, soil conditions, or environmental factors after completion;
- Issues arising from customer modifications, third-party work, or failure to follow aftercare instructions;
- Delays caused by traffic, weather, supply shortages, or access restrictions.
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful under Japanese law, including liability for willful misconduct or gross negligence to the extent such limitation is not permitted.
7. Intellectual Property Rights
All designs, drawings, plans, sketches, photographs, specifications, estimates, reports, text, graphics, and other materials created or provided by the Company remain the intellectual property of the Company or its licensors unless expressly transferred in writing.
Upon full payment, the customer is granted a non-exclusive, non-transferable, and non-sublicensable right to use the deliverables solely for the customer’s own garden project and related maintenance purposes, unless otherwise agreed in writing.
The customer shall not reproduce, modify, distribute, publish, sell, or use the Company’s materials for commercial purposes without prior written consent.
The Company may, unless the customer objects in writing for a legitimate reason, use photographs or descriptions of completed work for portfolio, marketing, or promotional purposes, provided that personal information is handled in accordance with applicable law and the Company’s privacy practices.
8. Data Protection and Privacy
The Company will handle personal information in accordance with the Act on the Protection of Personal Information and other applicable Japanese laws. Personal information may include names, addresses, contact details, property information, payment information, and service history.
The Company may use personal information for the following purposes:
- Providing quotations, services, maintenance, and customer support;
- Scheduling site visits and communicating about projects;
- Processing payments, billing, and recordkeeping;
- Responding to inquiries, complaints, and warranty-related matters where applicable;
- Complying with legal obligations and resolving disputes;
- Improving service quality and business operations.
The Company will not disclose personal information to third parties except where required for service performance, where consent has been obtained, where disclosure is required by law, or where otherwise permitted under applicable law.
The Company may entrust certain operations to contractors, such as payment processing, delivery, or IT services, in which case appropriate supervision and safeguards will be implemented.
9. Force Majeure
The Company shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to: natural disasters, earthquakes, typhoons, floods, fire, epidemic or pandemic events, war, civil unrest, labor disputes, governmental actions, transportation disruptions, power outages, supply shortages, or severe weather conditions.
If a force majeure event occurs, the Company may suspend, reschedule, or cancel affected services without liability, and the parties shall cooperate in good faith to resume performance when reasonably practicable.
10. Changes to Terms
The Company may revise these Terms from time to time to reflect changes in business practices, legal requirements, or service offerings. Updated Terms will become effective upon posting on the Company’s website or upon notice to the customer, unless a later effective date is specified.
Continued use of the services after the effective date of revised Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the services and, where applicable, notify the Company regarding any ongoing project.
11. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to conflict of law principles.
Any dispute arising out of or in connection with these Terms or the services shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance, unless otherwise required by applicable law.
12. Contact Information
If you have any questions, requests, or complaints regarding these Terms or our services, please contact:
- Company: 株式会社 Sakura Green Garden Studio
- Address: 〒158-0097 東京都世田谷区用賀4丁目10-1 Sakura Green Garden Studio
- Email: [email protected]
- Phone: +81 3-6421-7854
13. Severability Clause
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, severed from these Terms.
The remaining provisions shall continue in full force and effect, and the invalidity or unenforceability of any provision shall not affect the validity of the remainder of these Terms.
End of Terms of Service