Terms of Service for Evergreen Harbour Garden Co.

Effective Date: July 8, 2026

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern the provision of garden and related outdoor maintenance services by Evergreen Harbour Garden Co. (“Evergreen Harbour Garden Co.”, “we”, “us”, or “our”) to you (“Client”, “you”, or “your”). By requesting, booking, scheduling, paying for, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our services. These Terms apply to all quotations, estimates, work orders, service agreements, and related communications unless we expressly agree otherwise in writing.

2. Scope of Services

Evergreen Harbour Garden Co. provides garden and landscape maintenance services, which may include, without limitation:

• Garden design and planning
• Seasonal planting and flower bed installation
• Lawn care and turf maintenance
• Pruning and shrub shaping
• Weed control and bed cleanup
• Mulching and soil improvement
• Irrigation system checks and adjustments

The exact scope, timing, frequency, and deliverables for any service will be set out in a quotation, estimate, proposal, work order, or other written confirmation. Any services not expressly included are outside the scope and may require additional fees.

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

3. User Obligations and Responsibilities

You agree to:

• Provide accurate, complete, and current information regarding the property and requested services;
• Ensure safe and reasonable access to the property, including gates, pathways, water access, and utility access where required;
• Disclose known hazards, including underground utilities, unstable structures, contaminated soil, pests, aggressive animals, or hazardous materials;
• Obtain any required permissions, consents, strata approvals, landlord approvals, municipal permits, or neighbour notices, unless otherwise agreed in writing;
• Remove or secure personal property, fragile items, vehicles, decorations, and other obstructions before service begins;
• Maintain pets, children, and bystanders at a safe distance during service;
• Ensure that irrigation, electrical, and other systems are in proper working order unless our services specifically include inspection or adjustment;
• Promptly review completed work and notify us of any concerns within a reasonable time.

You are responsible for any damage or delay caused by inaccurate information, hidden conditions, inadequate access, or failure to meet your obligations under these Terms.

4. Payment Terms and Conditions

Fees are based on the applicable quotation, estimate, rate sheet, or written agreement. Unless otherwise stated, all prices are in Canadian dollars (CAD) and are subject to applicable taxes, including GST/HST/PST where applicable.

• Estimates are provided in good faith but may change if site conditions differ from those disclosed or reasonably observable.
• We may require a deposit before scheduling or commencing work.
• Invoices are due on the date stated on the invoice or, if no date is stated, within 15 days of issuance.
• Late payments may result in suspension of services and may be subject to interest at the maximum rate permitted by law.
• You are responsible for all collection costs, including reasonable legal and administrative costs, to the extent permitted by law.
• We may charge additional fees for emergency work, after-hours work, travel outside our standard service area, disposal fees, materials, or work beyond the original scope.

If a payment is declined, reversed, or disputed without reasonable cause, we may charge administrative fees to the extent permitted by law and may suspend future services until the account is settled.

5. Cancellation and Refund Policy

Cancellations or rescheduling requests should be made as early as possible. Unless a different cancellation policy is stated in a specific service agreement:

• Cancellations made with at least 48 hours’ notice before the scheduled service may not incur a cancellation fee, except for non-recoverable materials or third-party costs already incurred.
• Cancellations made with less than 48 hours’ notice may be subject to a cancellation fee or charge for lost labour time, to the extent permitted by law.
• If we arrive at the property and cannot perform the service due to lack of access, unsafe conditions, or your failure to prepare the site, the visit may be treated as a billable cancellation or service call.
• Deposits may be non-refundable to the extent they cover scheduling, labour reservation, materials, or other pre-performance costs, unless otherwise required by law.

Refunds, if any, are issued only for services not performed or where required by applicable law. Natural variation in plant growth, weather-related outcomes, seasonal conditions, and pre-existing site conditions do not constitute a basis for refund unless we expressly guaranteed a specific result in writing.

6. Liability Limitations

To the fullest extent permitted by applicable law, Evergreen Harbour 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 business, arising out of or related to the services.

Our total aggregate liability for any claim arising from or related to the services shall not exceed the amount paid by you for the specific service giving rise to the claim, except where liability cannot be limited under applicable law.

We are not responsible for:

• Pre-existing defects, disease, pest infestation, soil conditions, drainage issues, or irrigation failures;
• Damage caused by hidden utilities, underground structures, or undisclosed hazards;
• Plant loss or reduced performance due to weather, drought, frost, flooding, disease, pests, wildlife, or improper care after service;
• Damage resulting from acts or omissions of the Client, occupants, contractors, neighbours, or third parties;
• Any failure to achieve a particular aesthetic or biological outcome where conditions are outside our control.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, wilful misconduct, or other non-excludable obligations.

7. Intellectual Property Rights

Unless otherwise agreed in writing, all intellectual property rights in our quotations, proposals, designs, drawings, plans, concepts, photographs, written materials, and other deliverables created by Evergreen Harbour Garden Co. remain our property until full payment is received, subject to any rights that must pass to you under applicable law.

Upon full payment, you receive a limited, non-exclusive, non-transferable licence to use the deliverables solely for the property and purpose for which they were created. You may not reproduce, resell, publish, or distribute our materials for commercial use without our prior written consent.

We may, unless you object in writing for legitimate privacy or confidentiality reasons, photograph completed work for portfolio, marketing, quality assurance, or record-keeping purposes, provided that any personal information is handled in accordance with applicable privacy laws.

8. Data Protection and Privacy

We collect, use, disclose, and retain personal information only as reasonably necessary to provide services, communicate with you, process payments, manage accounts, 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) where applicable, and any applicable provincial privacy legislation.

Personal information may include your name, address, contact details, billing information, property access details, service history, and communications with us. We may share personal information with service providers, payment processors, subcontractors, insurers, legal advisors, and government authorities where necessary and lawful.

We take reasonable administrative, technical, and physical safeguards to protect personal information. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

By using our services, you consent to our collection, use, and disclosure of 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

Evergreen Harbour 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, wildfire, flood, drought, frost, power outages, labour disruptions, supply shortages, transportation interruptions, government orders, public health emergencies, acts of God, or third-party failures.

In such circumstances, we may reschedule, modify, or suspend services without liability, and any affected deadlines will be extended for a reasonable period.

10. Changes to Terms

We may update or modify these Terms from time to time to reflect changes in our services, business practices, or applicable law. The revised Terms will be effective when posted or otherwise communicated to you, unless a later effective date is stated.

Your continued use of our services after the effective date of any revised Terms constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using our services.

11. Applicable Law and Jurisdiction

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Subject to any mandatory consumer protection laws or other non-waivable rights, the courts located in Vancouver, British Columbia shall have exclusive jurisdiction over any dispute arising from or related to these Terms or the services provided by Evergreen Harbour Garden Co.

12. Contact Information

If you have questions, concerns, or notices regarding these Terms or our services, please contact us at:

• Evergreen Harbour Garden Co.
• 2450 West 4th Avenue, Vancouver, BC V6K 1P1, Canada
• Email: [email protected]
• Phone: +1 (604) 782-9463

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 any invalid or unenforceable provision can be modified to make it valid and enforceable, it shall be interpreted and enforced to the maximum extent permitted by law in a manner that best reflects the original intent of the parties.

By engaging the services of Evergreen Harbour Garden Co., you acknowledge that you have read, understood, and agreed to these Terms of Service.