TERMS AND CONDITIONS
SNOW REMOVAL CONTRACT
Welcome to SEASONSCAPE!
This service contract ("Contract") shall have a duration of 5 months, commencing on November 15th of the current year and concluding on April 15th of the following year. Upon the conclusion of this initial term, the Contract will automatically renew each subsequent season for an indefinite duration.
Copyright for the Material Offered on the Website and Store Pages
SEASONSCAPE ("Service Provider") provides snow removal services to the Client ("Client") under the terms and conditions outlined in this Contract. This Contract is governed by and shall be interpreted in accordance with the laws of the province of Ontario, where this Contract is executed. Failure by either party to enforce any provision of this Contract shall not affect the right to enforce such provision in the future, and failure to exercise remedies for breach of any provision shall not be construed as a waiver of the right to exercise such remedies at a later time.
Duration of the Service Contract
The service provision portion of this contract will have a duration of 5 months, starting on the 15th of November of the current year and ending on the 15th of April of the next year. Upon reaching the term, the contract will be automatically renewed each season for an indefinite duration.
RENEWAL
Renewal of Service Contract:
At the conclusion of each term of this service contract, which is set to automatically renew each season for an indefinite duration, the Client will be sent a renewal notice on the 15th of August of each year. The Client shall have a period of 30 days from the date of the renewal notice to either accept or refuse the renewal.
Acceptance:
To accept the renewal, the Client can simply make the payment of the applicable service fee, or they can accept the charge on their credit card or any other method of payment on file with Seasonscape. Acceptance of the renewal in this manner implies the Client's continued commitment to the terms and conditions outlined in the original contract.
Rejection:
To reject the renewal, the Client must send a written notification via email to Seasonscape within thirty days from the date of the renewal notice. Failure to do so will result in the Client being deemed as having accepted the renewal. It is the responsibility of the Client to carefully review the renewal notice, and if there are any changes to the terms, conditions, or fees, these will be clearly outlined in the notice. Seasonscape will make best efforts to provide the renewal notice in a timely and transparent manner. This renewal clause is in accordance with the original service contract, and all parties are bound by the terms and conditions therein. Should the Client have any questions or concerns regarding the renewal process, they are encouraged to contact Seasonscape in a timely manner for clarification or assistance. By executing this renewal clause, the Client acknowledges their understanding of the renewal process and their commitment to the terms and conditions of this service contract.
Termination:
In the case of service provision, when the contract is terminated after the resolution period described in the consumer's right of resolution statement but before the end of the term, the Client agrees to pay SEASONSCAPE the price for the services for the season. This is because The service Provider will have calculated this price to cover their expenses and may have turned away other clients to reserve their spot. The service Provider reserves the right to terminate the contract at their own discretion at any time, without the need to provide a reason or justification to the Client. They may exercise this right without accusing the Client of any contractual breach, provided they refund a portion of the money received for their services on a pro-rata basis and compensate the Client for any harm caused.
GENERAL CONDITIONS
SEASONSCAPE provides the Client who purchases and subscribes to snow removal services described in paragraph 1 << SERVICES>> following the conditions and terms of this contract.
This contract is governed and will be interpreted in accordance with the applicable laws of the province of Ontario where the contract is signed. The failure of one party to demand any amount that the other party owes for the fulfillment of the conditions stated herein shall not affect the future rights of that party in this regard. Furthermore, the failure of one party to seek remedies in the event of a breach of the conditions stated herein shall not be interpreted as a waiver of the right to seek remedies in the event of any future breach by the other party.
SEASONSCAPE'S OBLIGATIONS AND LIMITATION OF LIABILITY
a) The service Provider is not responsible for damages caused by machinery during the normal snow removal operations in the areas specified by this contract (e.g., the displacement of interlocking bricks due to poor installation, asphalt and concrete curbing deterioration, etc.).
b) The Client is responsible for ensuring that no obstacles are present in the driveway. If hidden obstacles under the snow damage The service Provider's equipment, repairs will be at the Client's expense.
c) The Client authorizes The service Provider to take photos of the property to be cleared of snow.
d) The service Provider is not responsible for existing damages to landscaping or garage doors, temporary shelters, interlocking bricks, asphalt, lawns, retaining walls, and/or curbing.
f) If the parking area is icy, it is the Client's responsibility to spread salt or abrasive material unless they purchase The Contrator’s service if available.
g) The Client must notify The service Provider of any other damage within 48 hours of discovering the damage. Failure to report damages constitutes a waiver, and The service Provider is released from liability for property damage.
h) The Client understands that snow removal and/or shoveling of a specific site may not result in a completely bare pavement, and slippery conditions may persist even after snow removal and/or shoveling. The Client acknowledges that The service Provider assumes no responsibility for this common condition. The Client agrees to defend and hold The service Provider harmless from any claims or lawsuits that may arise from this common condition.
POSTS
a) The service Provider provides Clients with stakes to mark the area to be cleared of snow. The Client must immediately inform us in the event of breakage or loss of these stakes, as they allow The service Provider's team to navigate quickly during snow removal operations. It is essential that they remain in place. It is the Client's responsibility to be mindful of the stakes and return them to The service Provider at the end of each season.
b) Normally, The service Provider provides 2 stakes, and it is the client's responsibility to mark their yard.
c) Upon request and at the discretion of The service Provider, we can provide more, but it remains the client's responsibility to mark their yard.
SERVICE FEES AND PAYMENTS
a) Service fees are payable in advance, no later than the due date indicated on the invoice sent by Seasonscape or through any form of pre-authorized payment to the Client's financial institution.
b) Service fees can change at anytime and without any notice. However, they remain fixed for the duration of the contract, with the following exceptions:
• A fee of $5 will be charged without notice for each lost or damaged stake by the Client.
• A fee of $75 applies if the Client wants to remove their vehicles after The service Provider has made the final pass, as stipulated in point 5 under the paragraph "Services."
• Snowfall Threshold Clause: To ensure transparency and fairness, our seasonal snow removal contract includes a snowfall threshold clause. Considering that the average annual snowfall in Ottawa, Canada, is approximately 236 centimeters (about 93 inches), our services come with the added benefit of additional fees being charged only in cases where snowfall exceeds 250 centimeters. These fees will depend on the total amount of snow beyond the 250 cm threshold (about 98.4 inches). This clause is designed to cover the increased costs associated with heavier snowfall, allowing us to maintain our quality service even during more challenging snowfall seasons.
INTEREST AND COLLECTION FEES
a) The mere passage of time to fulfill payment obligations under this contract will constitute a default by the Client. Therefore, without limiting the scope of this provision, any sum paid by the Client after the due date will bear interest at a rate of 1.5% per month from that date. This interest is calculated daily and compounded monthly on the last day of each 30-day period following the due date of the amount owed.
b) Any partial payment applies first to the interest and then to the principal, starting with the amounts overdue the longest from the payment date.
TERMINATION AND DEFAULT
1. The Client is in default when they do not make any payment that becomes due, fail to perform or violate any of their obligations under this contract, or when any events related to the Client's bankruptcy, insolvency, or voluntary assignment occur.
2. In all cases where the Client is in default under the contract, Seasonscape may demand immediate payment, in whole or in part, of the balance of its obligation before the due date. When the Client is in default in making any payment due, SEASONSCAPE may terminate the contract by operation of law at the expiration of a 30-day period following the sending of a written notice unless the Client remedies this default in the meantime.
LEGAL NOTICE REQUIRED BY THE CONSUMER PROTECTION ACT
(Contract other than a credit contract that includes an acceleration clause) Before relying on this clause, the merchant must send consumers a written notice and a statement of account within 30 days after the consumer receives the notice and statement of account. The consumer may:
• Remedy the default;
• Apply to the court to have the payment terms under this contract modified.
The consumer would benefit from consulting Rules about contracts under the CPA.
ASSIGNMENT
Except as provided in this contract, the Client may not assign this contract without obtaining the prior written consent of Seasonscape, which cannot be arbitrarily withheld or refused without valid reason. Seasonscape may assign this contract. It must notify the Client of the assignment within 30 days.
BILLING
By agreeing to these terms and conditions, I authorize automatic billing of invoices related to this contract (as described above), billed annually as per the payment method until its cancellation.
By making the first payment, I acknowledge that I have read and accepted this contract with its terms and conditions.
IN WITNESS WHEREOF, the parties hereto have signed the contract in the province of Ontario, to take effect on the 15th of November of the current year.
This contract will bind the parties once the client has made the payment.
Thank you for entrusting us with your snow removal needs. We are pleased to have you as our valued Client.
SEASONSCAPE
613 796 5111
Half Moon Bay, Barrhaven, Ottawa
info.seasonscape@gmail.com
www.seasonscape.ca
*This agreement is effective as of the 15th of November following the payment. These terms and conditions outline the rules and regulations for the use of SEASONSCAPE's Website, located at https://seasonscape.ca.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use SEASONSCAPE if you do not agree to take all of the terms and conditions stated on this page.