TERMS AND CONDITIONS

MASTER TERMS & CONDITIONS

Land by Design  |  Van Heuten LLC

110 16th Street, Suite 1460, Denver, CO 80202

Last Revised: May 2026

 

1. Introduction — About These Terms

Welcome, and thank you for your interest in Land by Design. We know that legal documents can sometimes feel overwhelming, so we’ve done our best to write these Terms and Conditions in plain language that’s easy to understand.

These Terms govern your use of our website, your booking of consultations, and any services you engage us to perform. By visiting our website, submitting a booking request, signing a proposal, or hiring Land by Design for any service, you are agreeing to the terms outlined in this document.

Please take a few minutes to read through these Terms before working with us. If you have any questions, we’re always happy to talk them through — just reach out using the contact information in Section 17.

2. Who We Are

Our legal name is Van Heuten LLC, and we do business as Land by Design - a landscape architecture company based in Denver, Colorado and carrying out business across the United States.

  • Legal Entity: Van Heuten LLC (dba Land by Design)

  • Address: 110 16th Street, Suite 1460, Denver, CO 80202

  • Email: nigel@landbydesign.com

Throughout these Terms, “Land by Design,” “we,” “us,” or “our” refers to Van Heuten LLC. “You” or “client” refers to any individual or entity who uses our website or engages our services.

3. Website Use

Our website is provided for informational and booking purposes. By using the site, you agree to the following:

  • The website is intended to give you information about our services and to allow you to schedule consultations or submit inquiries. It is not a substitute for a signed service agreement.

  • We do not guarantee that the website will be available at all times. Access may occasionally be interrupted for maintenance, updates, or reasons outside our control. Content may also change without prior notice.

  • You may not scrape, reproduce, copy, distribute, or otherwise misuse the content on our website — including text, images, design concepts, or any other materials — without our written permission.

  • Links to third-party websites are provided for convenience only. We are not responsible for the content or policies of external sites.

4. Consultation Bookings

We make it easy to get started. Here’s how consultation bookings work:

  • Consultations can be booked through our online booking system or by contacting us directly via email or phone.

  • Once your booking is received and confirmed, you will receive a confirmation email with the details of your appointment. Please review this confirmation carefully and let us know right away if anything needs to be corrected.

  • You are responsible for providing accurate contact information, project details, and any other information requested at the time of booking. Inaccurate information may affect our ability to prepare for or conduct the consultation.

  • All consultations are subject to availability. We will do our best to accommodate your preferred time, but we cannot guarantee specific slots until a booking is confirmed.

5. Fees, Payments & Invoicing

We aim to keep our pricing clear and transparent. Here is what you can expect:

  • Fee Structure: All fees for our services are outlined in the individual proposals or invoices we provide to you. No work begins until a proposal has been accepted and any required deposit has been received.

  • Payment Terms: Invoices are due on the date of issue, unless otherwise specified in your proposal.

  • Accepted Payment Methods: We accept payment by all major credit and debit cards, Apple Pay, Google Pay Link by Stripe, Klarna, Afterpay, ACH/bank transfer. Please note that credit card payments may be subject to a processing fee, which will be disclosed at the time of payment.

  • Late Payments: Invoices not paid by their due date may be subject to a late interest charge of 1.5% per month on the outstanding balance.

  • Project Progression: Projects do not begin, and work in progress does not continue, until all required payment milestones have been met. We appreciate your understanding that meeting payment schedules keeps your project on track.

6. Cancellations & Refunds

We understand that plans sometimes change. Here is our policy for cancellations and refunds:

  • Consultation Cancellations: If you need to cancel or reschedule a consultation, please do so at least 48 hours in advance. Cancellations made with at least 48 hours’ notice are eligible for a full refund or reschedule at no charge.

  • Late Cancellations: Cancellations made less than 48 hours before the scheduled consultation time may result in forfeiture of the consultation fee.

  • Project Deposits: Project deposits are non-refundable once design work has begun. This covers the time and resources committed to your project from the moment work starts.

  • Cancellation by Land by Design: If we need to cancel a scheduled consultation or a project for any reason, you will receive a full refund of any unused amounts paid.

  • Refund Processing: Approved refunds will be processed within 21 business days and returned via the original payment method where possible.

7. Scope of Services

Land by Design specializes in professional landscape architecture and design services. Our core offerings include (but are not limited to):

  • Initial consultation

  • Site analysis and assessment

  • Concept development and design ideation

  • 3D illustrations

  • Master plans

  • Site plans

  • Planting plans and plant selection

  • Hardscape design

  • Construction drawings

  • Project coordination support

The specific services to be provided for your project will be clearly defined in your signed proposal or service agreement. That document governs the scope of your individual engagement.

Please note: Unless explicitly stated in writing in your project agreement, our services do not include construction, installation, or physical site work. We are a design firm; any construction activities are carried out by licensed contractors of your choosing or those we may recommend.

Any changes to the agreed scope of services must be documented in writing. Please see Section 11 (Additional Work Authorization) for details.

8. Client Responsibilities

A successful project is a team effort. To help us deliver the best possible work for you, we ask that you:

  • Provide Accurate Information: Share accurate property dimensions, site conditions, existing features, and any relevant constraints or preferences at the outset of the project. Updated or corrected information provided late in the process may affect timelines and fees.

  • Timely Feedback: Respond to design concepts, questions, and revision requests within the review windows established in your project agreement. Delays in feedback can push back project milestones.

  • Permits & Approvals: It is your responsibility to obtain any permits, HOA approvals, or other regulatory authorizations required for the implementation of your landscape design. We can advise on what may be needed, but obtaining approvals is the client’s obligation.

  • Site Access: Ensure that our team has safe and reasonable access to your property for scheduled site visits. Please notify us of any hazards, access restrictions, or dogs/pets on the property in advance.

9. Communication

Clear communication is at the heart of a great project. Here is how we work:

  • Primary Channel: Our primary method of communication is email. This ensures we both have a clear written record of discussions, decisions, and approvals.

  • Response Times: Land by Design aims to respond to emails within 2 business days. During busy project phases, we will let you know if response times may be longer.

  • Written Confirmation Required: Any major decisions — including scope changes, approvals of design concepts, or agreements on timelines — must be confirmed in writing. Email confirmation is perfectly acceptable.

  • Phone & Video Calls: We’re happy to hop on a call when needed. Please schedule calls in advance so we can give you our full attention. Impromptu calls may not always be possible, and we appreciate your understanding.

10. Deliverables

Here’s what you can expect when it comes to the work product we provide:

  • Defined in Your Proposal: All deliverables — including drawings, plans, documents, and other materials — are specified in your project proposal. That proposal defines exactly what you will receive.

  • File Format: Unless otherwise agreed in writing, deliverables will be provided in PDF or standard digital format. If you need a specific file format (such as editable CAD files or native design files), please request this before the project begins, as it may affect fees.

  • Revisions: Each project includes a set number of revision rounds as defined in your proposal. Revision rounds beyond what is included will be treated as Additional Work (see Section 11).

  • Final Delivery: Final deliverables will only be released to you upon receipt of final payment in full. This applies to all project types.

11. Additional Work Authorization

Sometimes project needs evolve beyond what was originally agreed. Here is how we handle that:

  • Any work requested beyond the original agreed scope is considered “Additional Work.”

  • Before any Additional Work begins, it must be authorized in writing — either via email confirmation or a signed change order. Verbal requests alone are not sufficient.

  • Additional Work will be billed at Land by Design’s then-current hourly rate, or at a fixed fee as mutually agreed upon in writing before work commences.

  • We will never begin Additional Work without your written approval. If we identify something that may expand the scope, we will flag it to you first and wait for your go-ahead.

12. Intellectual Property

Our design work represents significant creative and professional investment. Here is how intellectual property is handled:

  • Ownership During Engagement: All design drawings, plans, concepts, renderings, and related materials created by Land by Design remain the intellectual property of Van Heuten LLC until final payment has been received in full.

  • License Upon Full Payment: Once final payment is received, you are granted a license to use the designs for your specific project at your specific property. This license is non-exclusive, non-transferable, and limited to your project.

  • Restrictions on Use: You may not reproduce, resell, assign, or transfer design materials to third parties — including other designers, contractors building on a separate property, or new owners — without prior written permission from Land by Design.

  • Portfolio Rights: Land by Design retains the right to display completed work in its portfolio, website, and marketing materials. See Section 13 for details on photography and client privacy.

13. Photography Rights

Showcasing completed projects helps us demonstrate our work and attract clients who are the right fit. Here is our photography policy:

  • Land by Design reserves the right to photograph and/or video projects upon completion of landscape implementation.

  • These photographs and videos may be used for marketing, portfolio display, social media, our website, press materials, and other promotional purposes.

  • Privacy Protection: We will never share your name, property address, or any other personally identifying information in connection with project photography without your explicit written consent.

  • Opting Out: If you prefer that your project not be photographed, please notify us in writing before the project reaches completion. We will honor your request and remove your project from our photography schedule.

14. Limitation of Liability

We stand behind our work, but there are limits to what we can be held responsible for. Please read this section carefully:

  • Cap on Liability: Land by Design’s total liability to you for any claim arising out of our services is limited to the total fees you have actually paid to us for the specific service or project in question.

  • No Liability for Third Parties: We are not responsible for the performance or workmanship of third-party contractors, installers, or vendors — even those we may have recommended. We are also not responsible for outcomes that result from client-directed changes made during or after the project.

  • Plants & Natural Elements: Land by Design is not liable for the survival, growth, or performance of plants, trees, or other living elements following installation, as these are subject to environmental and care factors outside our control.

  • No Consequential Damages: To the fullest extent permitted by law, Land by Design is not liable for any indirect, incidental, special, or consequential damages — including but not limited to lost profits, loss of use, or property damage arising from the implementation of our designs.

  • These limitations apply to the fullest extent permitted under the laws of the State of Colorado.

15. Dispute Resolution

We hope disagreements never arise, but if they do, here is how we prefer to handle them:

  • Good-Faith Discussion First: If a dispute arises between you and Land by Design, both parties agree to first attempt to resolve the issue through direct, good-faith conversation. Many disagreements can be resolved quickly when both sides talk openly.

  • Mediation: If direct discussion does not resolve the dispute, the parties agree to submit the matter to non-binding mediation in Denver, Colorado, before pursuing any formal legal action.

  • Governing Law: These Terms and any disputes arising from them are governed by and interpreted under the laws of the State of Colorado, without regard to its conflict of law provisions.

16. Changes to These Terms

Our business evolves, and these Terms may need to evolve with it. Here is what you should know:

  • Land by Design reserves the right to update or modify these Terms at any time.

  • Continued use of our website or services after any changes are posted constitutes your acceptance of the revised Terms.

  • For material changes — those that meaningfully affect your rights or our obligations — we will update the “Last Revised” date at the top of this document and, where feasible, provide notice through our website.

  • We encourage you to review these Terms periodically, so you stay informed of any updates.

17. Contact Us

Have questions about these Terms? We’re happy to help clarify anything. Please reach out to us using the information below:

Mail: Nigel Staton, Van Heuten LLC dba Land by Design, 110 16th Street, Suite 1460, Denver, CO 80202

Email: nigel@landbydesign.com

Acknowledgment of Terms

By signing a proposal, service agreement, or engaging Land by Design for services through the website, you acknowledge that you have read, understood, and agree to these Master Terms & Conditions.