The Gardener Terms of Service

Ultimate 24/7 Snow Plowing Service Contract Terms & Conditions 2024/25

1. All individual snowfalls of cm or more will be cleared. Snow removal services will be provided on a 24 hours/day, 7 days/week basis from November 1, 2024 thru April 15, 2025. Please Note: Due to potential holiday staffing shortages, response times on Christmas Eve, Christmas Day, New Years Eve, Superbowl Sunday and Family Day may be slower than normal.

2. Areas to be cleared include: . Please Note: Areas not included in this description can be added at a reasonable additional cost. Please contact the office for pricing.

3. Snow clearing will commence following the end of light and moderate snowfalls. In the event of a major snow storm, trucks will be dispatched during the storm and make repeat visits as needed to clear the snow as road and weather conditions permit Our staff and equipment are affected by weather conditions and traffic congestion, plow shifts during daytime are generally far slower than at night. The Gardener* does not offer a time guarantee, your property will be cleared as quickly as we are able to. Please note: if you are purchasing your Snow Plowing services during a plow event, your first service may be delayed as we add the property details to the applicable route. You cannot expect that services will be immediate once purchased, please be patient and we will service your property as quickly as we can.

4. If necessary, trucks will return to clear the Municipal Snow Plow ridge at the base of the driveway.In municipalities that do not leave snow plow ridges we are not responsible to clear them. Snow plow ridges will only be cleared during snowfalls and a maximum of one time after the snowfall ceases. Snow plow ridges will not be cleared on days when it does not snow.

5. The Gardener* is not responsible for ice removal and/or applying salt or other de-icing products. We strongly recommend that you monitor your property, keep salt or other de-icing products available and apply as needed to melt ice build-up or other slippery conditions caused by freezing rain, melting, freeze/thaw, poor drainage or other conditions. Any slip & fall accidents on your property are your responsibility, The Gardener* does not accept any liability.

6. The Gardener* is not responsible for clearing snowdrifts or drifting snow caused by high winds on days when there has been no snow accumulation. If you require snow fence to be installed, please call our office to inquire if this service is available and for pricing.

7. Any special or repeat visits caused by conditions out of the control of The Gardener* may be billed additionally to this contract but only after the client agrees to a fair and reasonable charge. Examples include clearing snow drifts caused by high winds, returning to a site where access was not possible due to parked cars,clearing snow accumulation under the threshold of this contract, construction etc.

8. This service agreement is a flat rate snow plowing contract, it is independent of weather conditions and/or snowfall accumulations. Staff, equipment and other infrastructure must be maintained regardless of snow accumulations to ensure service can be provided when necessary.Therefore we cannot and will not offer refunds or credits if you do not feel you have received enough service visits to warrant the cost. Our staff and equipment are standing by ready for snow storms around the clock, please consider the cost you are charged similar to an insurance policy, you are paying for the peace of mind knowing you are covered and not a specific number of visits as we cannot predict the weather.

9. Due to the nature of this type of work, please understand that you may incur some inconvenience during periods of snow. The Gardener* cannot be liable if you are delayed in accessing or exiting your property. We do our best to time the services provided overnight however that is only possible if it snows at night. Weather forecasting has improved dramatically but it is still not an exact science, some snowfalls are somewhat of a surprise or don’t cease when they are forecasted to. We will do everything possible to ensure your services are provided in a consistent and professional manner and we request that you communicate with our staff in a courteous and respectful manner.

10. While we make ever effort to provide our snow clearing services without causing property damage, we do carry proper Commercial Liability insurance to cover damage that is legitimately our fault. The Gardener* cannot however be held liable for: damages caused to surfaces that are uneven or non level, pre-existing conditions or damage, unmarked objects, objects hidden or covered by snow, frost heaves, any cracking in surfaces caused by poor installation or settling/compaction of the base layer. Please install adequate stakes to mark any curbs or other objects that could be hidden by snow accumulation prior to the first snowfall and notify The Gardener* in advance so we can properly note this on our route list. If you require stakes to be installed for you at a reasonable rate, please call The Gardener prior to frost entering the ground.

11. In the event that you wish to cancel your contract for any reason during the coverage period please note the following cancellation terms: cancellation must be made during business hours via live conversation or email and requires a minimum of 48 hours notice, 25% of the total contract amount is retained by The Gardener*, the refund of the remaining 75% will be calculated using a declining per diem formula whereby the remaining amount is divided by the total number of days covered by the contract. The refund will only cover the portion not to be covered.

12. Please note that while we make every effort possible not to displace loose gravel or stone for Gravel driveways, due to the nature of the snow clearing operations it is possible. We will do our best to minimize this, however, clean up and replacement of gravel will be the responsibility of the client, not The Gardener*. If you would like a quote in the Spring to redistribute any displaced gravel, please contact the office.

13. For safety reasons and to avoid damage to the homes of clients with inclined driveways of more than 15 degrees, The Gardener reserves the right to charge a reasonable additional amount or in extreme cases cancel the contract. If the contract is terminated the client will receive a full refund within 10 business days.

14. Due to the Covid-19 pandemic, The Gardener reserves the right to reduce service levels if necessary. While we will make every effort to provide your winter services at a high level, they could be affected by the ongoing affects of the Covid 19 pandemic or subsequent waves of the virus. If there are any impacts that affect our operations such as but not limited to: mandatory work stoppages announced by the Government, staff reductions caused by infections, limits on how many staff can work in a vehicle, slowdowns caused by following enhanced safety protocols or any other impacts of the Covid 19 pandemic or any other virus affecting the local area, The Gardener cannot be held liable if your winter services are delayed, cancelled or otherwise affected. These are uncertain times, we are all in this together. We will do everything within our power and control to provide the high level of service that you have become used to from The Gardener*

Registration for Automatic Payments

In order to use The Gardener Inc. and/or its locally owned and operated Franchised Location (hereinafter referred to as "The Gardener") Automatic Payment service you are required to complete the registration process by providing us with complete and accurate information as prompted by the applicable registration form provided on the Payment Confirmation screen. The registration form includes creation of a customer profile (including email address) and providing account information for credit card, debit card or a completed Pre-authorized Payment Form (including void cheque) that will be charged for the services you will be receiving from The Gardener. By completing the registration form, you: i) authorize The Gardener to display your statement and payment information on a secured Third Party Internet Page; ii) confirm your agreement with these Terms of Service; and iii) represent that you are authorized to provide the information on the registration form and that it is accurate and up to date information. You are responsible for keeping The Gardener up to date with your correct and current email address information.

Payment Responsibilities

You agree to pay The Gardener for all charges incurred your account with The Gardener, including all applicable taxes, fees and surcharges.By completing the registration form, below, you authorize The Gardener to charge your designated credit card, debit card or bank account for charges for your services ordered from The Gardener and to retain information about the payment. If The Gardener does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by The Gardener.

Your Responsibility For Use Of Automatic Payment Service

You are entirely responsible for maintaining the confidentiality of your credit card, debit card or bank account information and The Gardener account information. You are entirely responsible for any and all activities that occur under your account with The Gardener Automatic Payment service should you fail to maintain this confidentiality. You agree to notify The Gardener immediately upon your discovery of unauthorized use of your Automatic Payment service account. The Gardener will not be responsible for any loss you may incur as a result of someone else misusing your credit card, debit card or bank account information and The Gardener Automatic Payment service account either with or without your permission. You may not use anyone else's account at any time without the permission of the account holder.

Change of Terms

The Gardener reserves the right to change the Terms of Service. You are responsible for regularly reviewing these terms and conditions. Your continued use of Automatic Payment service after changes to these Terms of Service constitutes your agreement to all such revised terms.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE GARDENER’S AUTOMATIC PAYMENT SERVICES (THE "SERVICES") IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, THE GARDENER DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED. THE GARDENER PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.

LIMITATION OF LIABILITY

THE GARDENER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE GARDENER HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS, THE GARDENER’S LIABILITY IN SUCH PROVINCE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

General Legal Terms

These Terms of Service supersede all representations, agreements and other communications regarding your use of The Gardener Automatic Payment services. Only The Gardener can amend these Terms of Service by posting the changes on the Payment Confirmation Page. If any term of these Terms of Service are found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall be considered to be stricken from these Terms of Service as if it had not been included from the beginning and the remainder of the Terms of Service enforced according to its terms. You agree that these Terms of Service is not intended to confer and does not confer any rights or remedies from The Gardener upon any person other than you.

The laws of the Province of Ontario, excluding its conflicts-of-law rules, govern these Terms of Service and your use of The Gardener Automatic Payment services. You expressly agree that exclusive jurisdiction for any claim or dispute with The Gardener or relating in any way to your use of The Gardener Automatic Payment service reside in the courts of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ontario in connection with any such dispute including any claim involving The Gardener Automatic Payment services or your account under such services.

Electronic Delivery Policy and Your Consent

By affirmatively signing up for The Gardener Automatic Payment service, you are also consenting to electronically receive from The Gardener notices, agreements and all other legally required disclosures or other information in connection with The Gardener Automatic Payment service (collectively, "Notices"). You agree that The Gardener generally can send you electronic Notices by (i) email to the email address you specify on the enrollment form, or a new email address you provide to The Gardener through the process specified in these terms, and/or (ii) by displaying your then current statement and payment information on the Service Page.

All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

The delivery of any Notice from The Gardener is effective when sent by The Gardener or posted on your Payment Page, regardless of whether you read the communication when you receive it or it is posted. You may withdraw your consent to receive notices electronically by notifying The Gardener in writing.

You should understand that if you choose to withdraw consent for electronic delivery of Notices, The Gardener will terminate your Automatic Payment service.