Terms of Service
1. Introduction and acceptance of terms
These Terms of Service ("Terms") govern the provision of garden services by Maple Crest Garden Services Ltd. ("Company," "we," "us," or "our") to any customer, client, or website visitor ("you" or "Client"). By requesting, scheduling, accepting, or paying for any services, or by otherwise engaging with our services, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use or accept our services. These Terms apply to all service engagements unless expressly superseded by a separate written agreement signed by Maple Crest Garden Services Ltd.
2. Scope of services
Maple Crest Garden Services Ltd. provides residential and/or commercial garden services, which may include, without limitation:
- Garden design and planting plans
- Lawn care and edging
- Seasonal cleanups and leaf removal
- Shrub pruning and hedge trimming
- Mulching and soil improvement
- Irrigation system checks and adjustments
- Container garden installation and maintenance
All services are subject to site conditions, weather, access to the property, safety considerations, plant health, local bylaws, and availability of materials. We may recommend alternatives if requested work is not practical, safe, or suitable for the property.
Unless expressly agreed in writing, we do not provide arborist services, pest extermination, structural landscaping, electrical work, plumbing work, or other regulated services requiring specialized licensing.
3. User obligations and responsibilities
You agree to:
- Provide accurate, complete, and current information about the property and requested services;
- Ensure lawful access to the property and disclose any access restrictions, hazards, pets, irrigation controls, underground utilities, or other site-specific conditions;
- Obtain any required permissions from landlords, condominium corporations, property managers, neighbours, or other third parties before services are performed;
- Remove or secure personal property, fragile items, valuables, and obstacles before service begins;
- Maintain reasonably safe conditions, including notifying us of known hazards such as exposed wiring, broken fixtures, contaminated soil, pest infestations, unstable surfaces, or hidden obstacles;
- Ensure that plants, materials, and irrigation systems to be worked on are legally owned or authorized for use by you;
- Comply with all applicable municipal, provincial, and federal laws, regulations, and bylaws;
- Pay all fees and charges when due.
You acknowledge that garden and landscape services are affected by living materials, weather, and site conditions, and that outcomes may vary accordingly.
4. Payment terms and conditions
Fees are based on the scope of work, property conditions, labour, materials, equipment, travel, and any special requirements. We may provide estimates, but estimates are not fixed-price offers unless explicitly stated in writing.
- Invoices are payable in full by the due date stated on the invoice, or if no date is stated, within 15 days of issuance.
- We may require a deposit or advance payment before scheduling or commencing work, particularly for custom design services, materials procurement, or larger projects.
- Additional charges may apply for extra work, material substitutions, emergency callouts, delays caused by inaccessible sites, or work outside the agreed scope.
- Late payments may result in interest at the maximum rate permitted by applicable law, as well as suspension of future services until all outstanding amounts are paid.
- You are responsible for all applicable taxes, including HST, unless otherwise required by law.
Any disputes regarding invoices must be raised in writing within 7 days of receipt. Undisputed portions of the invoice remain payable on time.
5. Cancellation and refund policy
Appointments may be cancelled or rescheduled by either party upon reasonable notice. To help us allocate resources effectively, we request at least 48 hours' notice for cancellations or rescheduling.
- If you cancel with less than 48 hours' notice, a cancellation fee may apply, including charges for costs already incurred, reserved labour time, or materials ordered specifically for your project.
- If we are unable to perform services due to unsafe conditions, lack of access, non-disclosure of hazards, or your failure to prepare the site, we may charge a trip fee or a partial service fee.
- Deposits may be non-refundable to the extent that they cover administrative costs, design work, materials, or time reserved for your project, unless prohibited by law.
- Refunds, if any, are issued at our sole discretion based on the work performed, materials used, and the circumstances of the cancellation, subject to applicable consumer protection laws.
Weather-sensitive services may be rescheduled when conditions are unsafe or unsuitable. We will make commercially reasonable efforts to communicate scheduling changes promptly.
6. Liability limitations
To the fullest extent permitted by applicable law, Maple Crest Garden Services Ltd. will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of enjoyment, loss of plant value, or loss of use arising from or related to the services.
We do not guarantee the survival, growth, bloom quality, or long-term condition of any plant, lawn, or garden material, as these outcomes depend on factors outside our control, including weather, soil conditions, irrigation, pests, disease, and client maintenance.
Our total aggregate liability for any claim arising out of or relating to the services, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the total amount paid by you to Maple Crest Garden Services Ltd. for the specific service giving rise to the claim, except where liability cannot be limited under applicable law.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law, including liability for gross negligence, wilful misconduct, or other non-excludable obligations.
7. Intellectual property rights
All content, concepts, designs, plans, drawings, estimates, site notes, photographs, reports, and other materials created or provided by Maple Crest Garden Services Ltd. remain our property or that of our licensors unless otherwise agreed in writing.
Upon full payment, you receive a limited, non-exclusive, non-transferable licence to use any delivered garden design or planting plan solely for the property and purpose for which it was prepared. You may not reproduce, resell, publish, or use our materials for other properties or commercial purposes without prior written consent.
You grant us permission to photograph or document work performed on your property for internal records, quality control, training, insurance, and portfolio/marketing use, provided that we take reasonable steps to avoid disclosing personal information or sensitive identifying details without consent where required by law.
8. Data protection and privacy
Maple Crest Garden Services Ltd. collects, uses, stores, and discloses personal information only as necessary to provide services, manage accounts, communicate with clients, process payments, maintain records, comply with legal obligations, and improve our operations.
We handle personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial privacy legislation. We use reasonable safeguards to protect personal information against unauthorized access, loss, misuse, or disclosure.
By engaging our services, you consent to the collection and use of your personal information for the purposes described above. We may share information with trusted service providers such as payment processors, accounting services, IT providers, or subcontractors, subject to confidentiality and data protection obligations.
If you have questions about our privacy practices or wish to request access to or correction of your personal information, please contact us using the information below.
9. Force majeure
We will not be liable for any delay or failure to perform our obligations where such delay or failure results from events beyond our reasonable control, including acts of God, severe weather, storms, flooding, fire, epidemics, pandemics, labour disputes, power outages, supply shortages, transportation disruptions, government actions, or changes in law.
If a force majeure event occurs, we may suspend services for the duration of the event and make reasonable efforts to reschedule affected work as soon as practicable.
10. Changes to terms
We may revise these Terms from time to time to reflect changes in our business practices, legal requirements, or service offerings. The updated Terms will take effect when posted, provided by email, or otherwise communicated to you, unless a later effective date is stated.
Your continued use of our services after any update constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
11. Applicable law and jurisdiction
These Terms, and any dispute arising out of or relating to them or our services, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
You agree that the courts located in Ontario, Canada shall have exclusive jurisdiction over any dispute, claim, or proceeding arising from or related to these Terms or the services, subject to any mandatory consumer protection or other non-waivable rights available under applicable law.
12. Contact information
For questions, concerns, notices, billing inquiries, cancellation requests, or privacy matters, please contact:
Maple Crest Garden Services Ltd.
1450 Queensway E, Unit 24
Mississauga, ON L4X 1C2
Canada
Email: [email protected]
Phone: +1 (905) 684-3792
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 severed or modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Failure by Maple Crest Garden Services Ltd. to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.