Terms of Service
Effective Date: July 16, 2026
1. Introduction and Acceptance of Terms
These Terms of Service (the “Terms”) govern the provision of garden and related outdoor maintenance services by Maple Crest Garden Services Ltd. (“Maple Crest Garden Services Ltd.”, “we”, “us”, or “our”) to customers, clients, property owners, tenants, and any other persons or entities who request, receive, or benefit from our services (collectively, “Client”, “you”, or “your”).
By requesting, booking, authorizing, or accepting any services from Maple Crest Garden Services Ltd., you agree to be bound by these Terms, together with any written quotation, proposal, work order, service agreement, invoice, or other terms expressly agreed in writing by the parties. If you do not agree to these Terms, you must not use or accept our services.
These Terms are intended to be interpreted in accordance with the laws of Canada and the applicable laws of the Province of Ontario, including consumer protection, contract, privacy, and property-related laws as applicable.
2. Scope of Services
Maple Crest Garden Services Ltd. provides garden and outdoor property maintenance services, which may include, without limitation, the following:
- Garden design and planting;
- Lawn care and edging;
- Seasonal cleanup;
- Mulching and soil improvement;
- Hedge trimming and pruning;
- Irrigation system checks; and
- Weed control and bed maintenance.
Specific services, timing, frequency, materials, and pricing may be set out in a quote, estimate, proposal, work order, or invoice. Any estimates provided are based on the information available at the time and may change if site conditions, scope, access, weather, or client instructions differ from those originally described.
Unless expressly stated otherwise in writing, services are provided on a reasonable-efforts basis and are subject to seasonal availability, weather conditions, equipment availability, and safety considerations.
We may refuse, suspend, or discontinue any service if we determine, in our reasonable discretion, that a site condition, legal requirement, safety risk, or client conduct makes performance impracticable or unsafe.
3. User Obligations and Responsibilities
You agree to:
- Provide accurate, complete, and current information regarding the property, requested services, access instructions, and any known hazards;
- Ensure that the property is safe and accessible for our personnel, equipment, and vehicles at the scheduled time;
- Obtain all necessary permissions, consents, permits, approvals, and authorizations required for us to perform the services, including from landlords, condominium boards, neighbours, or municipal authorities where applicable;
- Disclose the presence of underground utilities, irrigation lines, electrical wiring, septic systems, hidden structures, pest infestations, toxic plants, pet restrictions, or other conditions that may affect the services;
- Remove or secure pets, valuables, fragile items, furniture, ornaments, toys, and other obstacles before service begins;
- Comply with all applicable laws and regulations relating to your property and the requested services;
- Promptly review completed services and notify us of any concerns within a reasonable time;
- Pay all fees and charges in accordance with these Terms and any agreed payment terms.
You are solely responsible for identifying and marking any underground or concealed hazards before work begins. We are not responsible for damage arising from unmarked or undisclosed hazards, except to the extent caused by our negligence or wilful misconduct under applicable law.
You acknowledge that garden and landscape work may involve natural variability, including plant health, weather impacts, seasonal growth patterns, pests, disease, soil conditions, and irrigation performance. Results may vary and cannot be guaranteed unless expressly stated in writing.
4. Payment Terms and Conditions
Unless otherwise agreed in writing, the following payment terms apply:
- Prices are quoted in Canadian dollars (CAD) and may be subject to applicable taxes, including HST where required by law;
- Estimates are not fixed-price offers unless expressly identified as such in writing;
- We may require a deposit, prepayment, or milestone payments for scheduled, custom, or material-intensive work;
- Invoices are due upon receipt unless a different due date is stated on the invoice or in a written agreement;
- Late payments may be subject to interest at the maximum rate permitted by applicable law, or if no maximum is specified, a commercially reasonable rate stated on the invoice or agreement;
- You are responsible for all collection costs, chargeback fees, bank fees, and reasonable legal fees incurred in collecting overdue amounts to the extent permitted by law.
If payment is not received when due, we may suspend services, withhold scheduling, pause warranty or support obligations if any, and/or terminate the service relationship, subject to any mandatory legal requirements.
Any disputed invoice amount must be raised in writing within fifteen (15) days of the invoice date, identifying the specific item(s) in dispute and the reason for the dispute. You must pay any undisputed portion on time.
Ownership of any materials supplied by us may remain with Maple Crest Garden Services Ltd. until full payment is received, to the extent permitted by law.
5. Cancellation and Refund Policy
You may cancel or reschedule a service appointment by providing reasonable notice. Unless otherwise stated in writing, the following policy applies:
- Cancellations made more than forty-eight (48) hours before the scheduled start time may not incur a cancellation fee, unless special-order materials or third-party costs have already been incurred;
- Cancellations made within forty-eight (48) hours of the scheduled start time may be subject to a cancellation fee or recovery of reasonable administrative, labor, and material costs;
- If our personnel arrive on site and are unable to perform the work due to lack of access, unsafe conditions, non-disclosure of hazards, or client unavailability, a service call fee or minimum charge may apply;
- For recurring services, cancellation of future visits requires notice reasonably in advance so we can adjust scheduling.
Refunds, if any, will be assessed case by case. Completed services are generally non-refundable, except where required by law or where we determine, in our sole reasonable discretion, that a refund or partial refund is appropriate. Any refund does not waive our right to charge for materials, labor already performed, or third-party costs incurred.
Where plant materials are supplied and installed by us, any warranty or replacement policy, if offered, will be specified in writing and may be limited by weather, site conditions, care instructions, and seasonal factors. No refund is provided for plant stress, failure, or decline caused by improper watering, pest infestation, disease, vandalism, extreme weather, or client neglect.
6. Liability Limitations
To the fullest extent permitted by applicable law, Maple Crest Garden Services Ltd., including its directors, officers, employees, contractors, and agents, shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, business opportunity, data, goodwill, or anticipated savings, arising out of or relating to the services or these Terms.
To the fullest extent permitted by applicable law, our total aggregate liability for any claim arising out of or relating to the services or these Terms shall not exceed the amount paid by you to Maple Crest Garden Services Ltd. for the specific service giving rise to the claim, or CAD $500, whichever is greater, unless a higher amount is required by applicable law.
Nothing in these Terms limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, wilful misconduct, fraud, or any other liability that cannot lawfully be excluded.
We are not responsible for pre-existing conditions, hidden defects, latent defects, acts of nature, municipal restrictions, weather-related damage, third-party interference, or damage caused by underground utilities or other concealed hazards not disclosed by you. You remain responsible for maintaining insurance adequate for your property and any risks associated with outdoor work.
7. Intellectual Property Rights
All trademarks, trade names, logos, service marks, text, graphics, designs, photographs, templates, proposals, drawings, plans, landscaping concepts, and other materials created or provided by Maple Crest Garden Services Ltd. remain our property or the property of our licensors, unless otherwise agreed in writing.
Upon full payment of all outstanding amounts, you receive a non-exclusive, non-transferable license to use any deliverables specifically created for you solely for the intended purpose of the services. This license does not include the right to reproduce, resell, publish, or distribute our materials for commercial purposes without our prior written consent.
You grant Maple Crest Garden Services Ltd. a limited right to use photos, videos, or descriptions of completed work for portfolio, marketing, and promotional purposes, provided such use does not disclose your personal information or property details in a manner that would reasonably identify you without your consent, where consent is 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, process payments, communicate with clients, comply with legal obligations, and improve our operations, in accordance with applicable privacy laws in Canada, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial laws.
Personal information may include your name, address, email address, phone number, payment details, service preferences, property access instructions, and service history.
We take reasonable administrative, technical, and physical safeguards to protect personal information from unauthorized access, loss, misuse, disclosure, alteration, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
We may share personal information with service providers, payment processors, accountants, insurers, legal advisors, and others as necessary to operate our business and fulfill our obligations, subject to appropriate confidentiality and data protection safeguards where required.
For privacy questions or requests, contact us using the information in Section 12. If applicable law provides you with rights of access, correction, withdrawal of consent, or complaint, we will respond in accordance with legal requirements.
9. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms to the extent caused by events beyond our reasonable control, including but not limited to severe weather, storms, floods, wildfire, ice, drought, acts of God, labor disruptions, strikes, pandemics, public health emergencies, war, terrorism, civil unrest, governmental actions, supply chain disruptions, equipment failure not caused by our negligence, or utility interruptions.
If a force majeure event occurs, we may postpone, reschedule, or cancel affected services without liability, and we will use commercially reasonable efforts to notify you and resume performance when practicable.
10. Changes to Terms
We may update or modify these Terms from time to time to reflect changes in our business practices, legal requirements, or service offerings. The revised Terms will be effective when posted or otherwise communicated to you, unless a later effective date is stated.
Your continued use of or acceptance of services after the effective date of revised Terms constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using our services and notify us promptly.
11. Applicable Law and Jurisdiction
These Terms, and any dispute arising out of or relating to them or the 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 laws principles.
You agree that the courts located in Ontario, Canada, shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms or the services, subject to any mandatory consumer or statutory rights that cannot be waived by contract.
12. Contact Information
If you have any questions, concerns, complaints, or notices relating to these Terms or the services, please contact:
- Maple Crest Garden Services Ltd.
- 1249 Wyandotte Street East, Windsor, ON N8Y 1G3, Canada
- Email: [email protected]
- Phone: +1 (519) 948-7364
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 valid and enforceable, and the remaining provisions shall remain in full force and effect.
The failure of Maple Crest Garden Services Ltd. to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision unless acknowledged in writing by an authorized representative of Maple Crest Garden Services Ltd..
By engaging Maple Crest Garden Services Ltd., you acknowledge that you have read, understood, and agreed to these Terms of Service.