Effective Date: July 15, 2026
These Design & Design-Build Service Terms (“Service Terms”) apply to landscape design, remote landscape design, planting plans, design consultations, renderings, irrigation planning, and design-build services provided by Pennate (“Design Services”). By purchasing, approving, or engaging Pennate for Design Services, you agree to these Service Terms in addition to Pennate’s Terms of Service.
The specific product description, proposal, estimate, order confirmation, or written agreement associated with a Design Service may contain additional terms. If those terms conflict with these Service Terms, the more specific written terms applicable to the purchased service will control.
Scope of Design Services
Design Services may include conceptual layouts, planting plans, plant palettes, spatial planning, material concepts, renderings, system strategies, irrigation concepts, implementation guidance, and design-intent documentation, depending on the service purchased or approved.
The exact scope, deliverables, revision allowance, turnaround period, and price are determined by the applicable product description, proposal, estimate, order confirmation, or written agreement.
Unless explicitly stated in writing, Design Services do not include surveying, engineering, permitting, code review, construction documents, irrigation construction documents, grading plans, drainage engineering, structural design, utility locating, boundary verification, or contractor supervision.
Services or deliverables not expressly included in the purchased scope are excluded and may require additional fees, a revised schedule, or a separate agreement.
Remote Design Services
Remote Design Services are prepared using information supplied by the client, which may include photographs, videos, measurements, surveys, questionnaires, site plans, inspiration images, property information, and descriptions of existing conditions.
Remote Design Services do not include an in-person site inspection unless an on-site service is separately purchased and confirmed in writing.
Pennate may rely on client-supplied information when preparing the design. The client is responsible for ensuring that submitted information is complete, current, legible, and reasonably accurate.
Pennate is not responsible for errors, omissions, conflicts, delays, redesign, or additional costs caused by incomplete, inaccurate, outdated, misleading, or improperly measured client-supplied information.
If the information supplied is insufficient to perform the purchased service responsibly, Pennate may request additional information, recommend a different service, place the project on hold, or decline the project.
Client Intake Requirements
The client must complete all required questionnaires and provide all requested photographs, measurements, documents, approvals, and other site information before production begins.
Payment confirms the order and secures a place in Pennate’s production queue. The stated turnaround period begins only after all required intake information has been received and Pennate determines that the submission is sufficiently complete to begin work.
Pennate may pause or defer production when required information is missing, unclear, inconsistent, inaccessible, corrupted, unsafe to open, or insufficient to complete the purchased scope.
Requests for additional information do not constitute a delay by Pennate and may extend the anticipated delivery date.
The client should retain copies of all photographs, measurements, plans, surveys, and other materials submitted to Pennate.
Turnaround & Delivery
Estimated turnaround periods are stated in the applicable product description, proposal, estimate, order confirmation, or written agreement.
Turnaround periods are estimates and are measured in business days unless otherwise stated. Weekends, holidays, client response time, incomplete intake, revision periods, payment delays, and delays outside Pennate’s reasonable control are excluded.
Pennate will make reasonable efforts to meet stated delivery estimates but does not guarantee a specific completion date unless that date is expressly guaranteed in writing.
Design deliverables are generally provided electronically by email, secure download link, customer account, or another digital delivery method selected by Pennate.
Delivery is considered complete when Pennate sends the deliverable to the email address provided by the client or makes it available through the designated delivery method.
The client is responsible for providing a valid email address, monitoring communications from Pennate, and promptly reporting any inability to access a delivered file.
Design Intent & Limitations
Design deliverables represent conceptual design intent based on known site conditions, client input, available information, and generally accepted landscape practices at the time of creation.
Final outcomes may vary due to actual measurements, site conditions, soil, drainage, utilities, climate, maintenance, plant growth, material availability, contractor execution, environmental factors, regulatory requirements, and client decisions.
Pennate does not guarantee that completed installations will precisely match conceptual renderings, plans, illustrations, plant appearances, colors, dimensions, density, maturity, or visualizations.
Renderings and visualizations are illustrative and may depict plants, materials, lighting, maturity, scale, seasonal conditions, or environmental conditions differently from actual installed conditions.
Plant sizes and appearances shown in renderings may represent anticipated mature or intermediate conditions rather than the exact appearance of plant material at installation.
Design deliverables should not be used as a substitute for field verification, utility location, permitting, code review, contractor judgment, or services that must legally be performed by a licensed professional.
Design Revisions & Scope Changes
Design Services include only the revisions expressly identified in the applicable product description, proposal, estimate, order confirmation, or written agreement.
Unless otherwise stated, a revision means a reasonable modification to the original design direction and purchased project area. A revision does not include a new concept, a new project area, a substantial change in project objectives, correction of inaccurate client-supplied information, or redesign resulting from conditions that were not disclosed before production began.
Included revisions must be submitted as one consolidated written request within fourteen calendar days after delivery unless another period is stated in writing.
To help avoid conflicting instructions and unnecessary delay, revision requests should identify all requested changes in a single communication. Piecemeal comments submitted across multiple messages may be consolidated by Pennate before revision work begins.
Changes to scope, project area, program, budget, materials, plant palette, design direction, or client requirements may require additional fees and a revised delivery schedule.
Additional revisions or work outside the purchased scope will not begin until Pennate provides and the client approves any applicable additional charges.
Pennate may decline a requested revision when the request is outside the purchased scope, technically inappropriate, inconsistent with disclosed site conditions, unlawful, unsafe, or materially conflicts with the agreed design direction.
Project Completion & Acceptance
A project is considered complete when the final deliverables have been provided and any included revision has been completed, or when the applicable revision-request period expires without a timely revision request.
Failure to submit an included revision request within the stated period does not extend the revision allowance indefinitely.
Requests submitted after the project is considered complete may be treated as additional services and may require a new order, additional fees, and a new production schedule.
Project completion does not constitute Pennate’s approval of any later modification, substitution, installation decision, or contractor interpretation not reviewed by Pennate.
Cancellations & Refunds
A client may request cancellation by providing written notice to Pennate.
If cancellation is requested before production begins, Pennate may issue a refund less any payment-processing charges that are not returned to Pennate, fees for consultations already completed, and charges for documented work already performed.
Once production begins, Design Services become custom work prepared for the specific client and property. Payments are therefore nonrefundable except as otherwise required by law or expressly approved by Pennate in writing.
Production is considered to have begun when Pennate starts reviewing, organizing, analyzing, researching, drafting, modeling, rendering, calculating, selecting materials or plants, preparing documentation, or otherwise performing work related to the order.
Dissatisfaction based solely on personal preference, a later change in direction, failure to review the product description or intake requirements, plant or material availability, installation pricing, contractor pricing, or conditions not disclosed before production began does not create a right to a refund.
Pennate will make reasonable efforts to address concerns that fall within the purchased scope and included revision allowance before determining that a project is complete.
If Pennate cancels a Design Service before completing the purchased deliverables for reasons not caused by the client, Pennate may issue a full or partial refund based on the portion of work completed and delivered.
Nothing in these Service Terms limits any cancellation, refund, or other consumer right that cannot legally be waived.
Inactive & Abandoned Projects
Projects may be placed on hold when the client fails to provide required information, decisions, approvals, revision instructions, payment, or responses.
A project may be considered inactive after thirty calendar days without the required client response.
A project may be considered abandoned after ninety calendar days without the required client response. Pennate may close an abandoned project without refund and may require a reactivation fee, updated pricing, or a new order before work resumes.
Pennate will make a reasonable effort to notify the client before closing an inactive project as abandoned.
Plant Selections, Materials & Substitutions
Plant selections, container sizes, quantities, materials, and supplier references are subject to availability, seasonal conditions, regional supply, and site-specific suitability at the time of procurement or installation.
Recommended plants and materials may require substitution if the specified item is unavailable, unsuitable, cost-prohibitive, or inconsistent with actual site conditions.
Comparable substitutions may be made by the client, contractor, supplier, or Pennate when they preserve the general design intent. Substitutions made without Pennate’s review are at the client’s own risk.
Natural materials and living plants vary in color, size, form, texture, maturity, growth habit, and appearance. These variations are expected and are not considered defects in the design.
Nursery or supplier references are provided for convenience unless Pennate is separately engaged to procure materials. Pennate does not guarantee supplier inventory, pricing, quality, delivery, or continued availability.
Irrigation Planning
Irrigation planning or irrigation concepts are included only when expressly identified in the purchased scope.
Unless otherwise stated in writing, irrigation deliverables are conceptual and are not engineered construction documents, hydraulic calculations, permitting documents, as-built drawings, or guarantees of field coverage or system performance.
Final irrigation design, component selection, pressure verification, backflow requirements, permitting, installation, adjustment, and code compliance must be confirmed in the field by appropriately qualified persons.
Irrigation recommendations prepared remotely depend on the accuracy of information provided regarding available pressure, flow, piping, valves, zones, controllers, water sources, and existing system conditions.
Design-Build Services
Where Design-Build Services are offered, Pennate may provide both design intent and implementation under a single agreement.
Installation schedules, sequencing, procurement, and execution are subject to site conditions, material availability, subcontractor coordination, weather, access, inspections, approvals, and other operational constraints.
Pennate reserves the right to make reasonable field adjustments during installation to accommodate unforeseen conditions while preserving the overall design intent.
Design approval does not constitute authorization to begin installation. Installation requires a separately approved scope, payment arrangement, and scheduling confirmation unless expressly included in the applicable agreement.
Additional terms relating to construction, installation, payment schedules, change orders, warranties, plant care, weather, access, or subcontractors may be included in the applicable proposal or agreement.
Client Responsibilities
The client is responsible for providing timely decisions, approvals, access, accurate property information, known restrictions, applicable HOA requirements, surveys, utility information, and disclosure of known site conditions.
The client is responsible for independently confirming property boundaries, ownership rights, easements, setbacks, utility locations, permitting requirements, HOA approvals, deed restrictions, and other legal or regulatory limitations before installation.
The client must disclose known drainage issues, flooding, buried utilities, septic systems, irrigation systems, underground structures, hazardous materials, protected vegetation, access restrictions, and other conditions that may affect the design or implementation.
Delays, redesign, or additional work caused by client indecision, changes, inaccurate information, undisclosed conditions, or access limitations may affect project timelines and pricing.
Payment & Scheduling
Design Services may require full payment in advance, deposits, milestone payments, or other payment terms as stated in the applicable product description, proposal, estimate, order confirmation, or agreement.
Pennate is not required to begin or continue work while any required payment or client information remains outstanding.
Payment confirms the order and secures a place in Pennate’s production queue. It does not begin the stated turnaround period until the required intake has been received and accepted as sufficiently complete.
Estimated delivery dates may be adjusted when payment, intake, approvals, or client responses are delayed.
Unless otherwise stated, prices do not include installation, materials, permit fees, contractor charges, shipping, nursery purchases, site visits, or services outside the expressly purchased scope.
Intellectual Property & Permitted Use
All designs, drawings, plans, renderings, reports, schedules, templates, written materials, working files, methods, and related content produced by Pennate remain the intellectual property of Pennate unless otherwise agreed in writing.
Upon full payment, the client is granted a limited, non-exclusive, non-transferable license to use the final approved design materials solely for the specific property and project for which they were created.
Design materials may be shared with contractors, suppliers, consultants, HOAs, or permitting authorities only as reasonably necessary to evaluate or implement the specific project.
Design materials may not be resold, published, licensed, commercially distributed, used for another property, incorporated into another product, used to train or develop a competing system, or represented as the work of another party without Pennate’s written permission.
Editable source files, working files, software files, models, prompts, templates, databases, and internal production materials are not included unless expressly identified as deliverables.
Reuse, modification, substitution, interpretation, or execution of designs without Pennate’s continued involvement is performed at the client’s own risk.
Client-Submitted Content
The client represents that they have the right to provide any photographs, videos, drawings, surveys, plans, inspiration images, or other materials submitted to Pennate.
The client grants Pennate permission to use submitted materials as reasonably necessary to evaluate the project, communicate with the client, perform the purchased Design Services, maintain project records, and provide customer support.
Pennate will not use client-submitted materials, project photographs, design deliverables, or private project information for advertising, portfolio, case-study, or promotional purposes without the client’s permission.
Pennate may use non-identifying, aggregated operational information for internal quality control, workflow improvement, estimating, and service development, provided that the information does not reasonably identify the client or property.
Third-Party Installation
Unless Pennate is separately contracted to provide installation or construction administration, Pennate does not control and is not responsible for the work, pricing, scheduling, supervision, means, methods, safety, or performance of third-party contractors, installers, suppliers, or other service providers.
Contractors and installers are responsible for verifying dimensions, quantities, field conditions, installation methods, code requirements, safety requirements, and material suitability before beginning work.
Pennate’s recommendation, identification, or listing of a contractor, nursery, supplier, product, or service provider does not constitute a warranty or guarantee of that third party’s work, conduct, pricing, availability, or performance.
File Retention
The client is responsible for downloading and securely retaining all final deliverables provided by Pennate.
Pennate may retain project files, client uploads, working files, and final deliverables for a limited period based on operational, legal, and storage requirements.
Pennate does not guarantee indefinite storage, restoration, reproduction, or future availability of project files after delivery.
Requests to retrieve, reproduce, convert, revise, or recreate archived files may be subject to availability, additional fees, and current service pricing.
Communications & Electronic Acceptance
The client agrees that orders, approvals, notices, disclosures, invoices, deliverables, and other project communications may be provided electronically.
Acceptance through checkout, electronic signature, payment, email approval, or another electronic confirmation method constitutes acceptance of the applicable Service Terms and project documents to the extent permitted by law.
The client is responsible for keeping contact information current and for monitoring the email address used to place the order.
Governing Terms
These Service Terms are incorporated by reference into Pennate’s Terms of Service. In the event of a conflict concerning Design Services, these Service Terms govern unless a signed written agreement or more specific product term expressly provides otherwise.
If any provision of these Service Terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.