Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the services provided by North Maple Garden Co. (“North Maple Garden Co.,” “we,” “us,” or “our”), located at 2140 Yonge Street, Toronto, ON M4S 2A3, Canada. By requesting, booking, or receiving any services from North Maple Garden Co., you agree to be bound by these Terms.

1. Introduction and Acceptance of Terms

These Terms form a legally binding agreement between you and North Maple Garden Co. If you do not agree to these Terms, you must not use or receive our services. You represent and warrant that you have the legal authority to enter into this agreement on your own behalf or on behalf of the property owner or other authorized party.

We may require written confirmation, electronic acceptance, or other acknowledgment of these Terms before commencing work. Any quotation, estimate, work order, invoice, or service agreement issued by North Maple Garden Co. may be subject to these Terms unless expressly stated otherwise in writing.

2. Scope of Services

North Maple Garden Co. provides garden and landscape-related services, which may include:

• Garden design and planting plans
• Seasonal garden cleanup
• Lawn edging and bed maintenance
• Mulching and soil enrichment
• Shrub and perennial pruning
• Weed control and invasive plant removal
• Container garden installation

Services are provided based on the scope agreed in a quotation, estimate, proposal, or service order. Any work outside the agreed scope, including additional site visits, materials, disposal, or labor, may result in extra charges.

We may refuse, suspend, or modify services where site conditions, weather, safety concerns, legal restrictions, access limitations, or other factors make performance impractical or unsafe.

3. User Obligations and Responsibilities

You agree to:

• Provide accurate and complete information about the property, site conditions, access, utilities, irrigation systems, underground hazards, and any known risks;
• Obtain all necessary permissions, approvals, permits, and consents required for the services;
• Ensure safe and unobstructed access to the work area during scheduled service times;
• Secure pets, children, valuables, and fragile items before service begins;
• Disclose the presence of underground lines, sprinkler systems, drainage systems, buried cables, septic systems, or other hidden hazards;
• Comply with all applicable municipal, provincial, and federal laws, bylaws, and regulations;
• Review completed work promptly and notify us of any concerns within a reasonable time.

You are responsible for maintaining the health of plants and landscape features after service completion unless ongoing maintenance is expressly included in a separate agreement.

4. Payment Terms and Conditions

Unless otherwise agreed in writing, fees are due in accordance with the invoice terms provided by North Maple Garden Co. We may require a deposit, progress payment, or full prepayment before scheduling or commencing work.

• All prices are stated in Canadian dollars unless otherwise specified.
• Applicable taxes, including GST/HST and any other required taxes, will be added where applicable.
• Estimates are based on the information available at the time and may be adjusted if site conditions, material costs, labor requirements, or scope change.
• Late payments may be subject to interest or administrative charges to the extent permitted by law and as stated on the invoice or service agreement.
• You are responsible for any collection costs, chargeback fees, or bank fees arising from non-payment or reversed payments, to the extent permitted by law.

We may suspend services, withhold delivery of final deliverables, or decline future work if payment is overdue.

5. Cancellation and Refund Policy

You may cancel or reschedule services by providing reasonable advance notice. Cancellation terms may vary depending on the type of service, materials ordered, labor scheduled, and seasonal demand.

• Deposits may be non-refundable to the extent they cover planning, scheduling, procurement, or administrative costs, unless otherwise required by law.
• If you cancel after materials have been purchased, special orders placed, or labor scheduled, you may be responsible for those costs.
• If we must cancel due to weather, safety, supply issues, or other operational reasons, we will make reasonable efforts to reschedule or provide an appropriate alternative.
• Refunds, if any, will be issued only for services not performed and only after deducting any non-recoverable costs already incurred, subject to applicable law.

Because many landscaping and garden services are affected by weather and seasonal conditions, timing may need to be adjusted. Delays caused by weather or site conditions do not automatically entitle you to a refund.

6. Liability Limitations

To the fullest extent permitted by applicable law, North Maple Garden Co. shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of use, loss of enjoyment, loss of profits, or loss of plants due to pre-existing conditions, improper care, weather events, pests, disease, or third-party actions.

Our total liability for any claim arising out of or relating to the services, whether in contract, tort, negligence, or otherwise, shall not exceed the amount paid by you to North Maple Garden Co. for the specific service giving rise to the claim, to the extent permitted by law.

We are not responsible for:

• Hidden or undisclosed site conditions;
• Damage caused by underground utilities, irrigation systems, drainage systems, or other concealed hazards not properly disclosed;
• Plant failure due to weather, soil conditions, watering practices, pests, disease, or improper post-service maintenance;
• Delays or non-performance caused by events outside our reasonable control;
• Any loss resulting from your failure to follow care instructions or maintenance recommendations.

Nothing in these Terms limits liability where such limitation is prohibited by law, including liability for gross negligence, willful misconduct, or any non-excludable statutory rights.

7. Intellectual Property Rights

Unless otherwise agreed in writing, all designs, concepts, plans, drawings, estimates, proposals, photographs, text, and other materials created by North Maple Garden Co. remain our intellectual property or the property of our licensors until full payment has been received, where applicable.

Upon full payment, you are granted a limited, non-exclusive, non-transferable license to use garden design or planting plans solely for the property and purpose for which they were created. You may not reproduce, resell, distribute, or use our materials for other properties or commercial purposes without our prior written consent.

We may use photographs of completed work for portfolio, marketing, and promotional purposes, provided that we do so in a manner consistent with applicable privacy laws and any reasonable confidentiality requests you have made in writing.

8. Data Protection and Privacy

North Maple Garden Co. collects, uses, and discloses personal information only as necessary to provide services, manage bookings, process payments, communicate with you, and comply with legal obligations. 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.

Personal information may include your name, contact details, property address, service preferences, payment information, and communications with us. We may share personal information with service providers, payment processors, contractors, or advisors only as needed to perform services or operate our business, subject to appropriate confidentiality and security measures.

By engaging our services, you consent to the collection, use, and disclosure of your personal information as described in these Terms and in any applicable privacy notice we provide. You may contact us to request access to or correction of your personal information, subject to legal limitations.

9. Force Majeure

North Maple Garden Co. shall not be liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to severe weather, floods, storms, fire, power outages, labor disruptions, supply shortages, transportation interruptions, public health emergencies, acts of government, or other force majeure events.

If a force majeure event occurs, we may suspend, postpone, or modify services for the duration of the event and a reasonable recovery period thereafter. We will make reasonable efforts to notify you and reschedule services where practicable.

10. Changes to Terms

We may update or revise these Terms from time to time. Any changes will be effective when posted, communicated, or otherwise made available to you, unless a later effective date is stated. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.

If you have an active service agreement with us, the Terms in effect at the time of booking or execution will generally apply to that engagement unless the parties agree otherwise in writing.

11. Applicable Law and Jurisdiction

These Terms and any dispute arising out of or relating to them shall be governed by 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 Toronto, Ontario 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 legal rights that may apply.

12. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms or our services, please contact North Maple Garden Co. using the details below:

• North Maple Garden Co.
• 2140 Yonge Street, Toronto, ON M4S 2A3, Canada
• Email: [email protected]
• Phone: +1 (416) 782-5943

13. Severability Clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. If necessary, the invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

These Terms constitute the entire agreement between you and North Maple Garden Co. regarding the subject matter herein and supersede any prior or contemporaneous oral or written understandings, except where a separate written agreement expressly states otherwise.