Terms and Conditions

1.

Any deviation from the contract terms set out on the face of this Contract shall be by mutual agreement, and shall be in writing. Payment for extra work and allowances for omissions shall be fixed in advance on demand from either party, and shall be set forth in writing.

2.

The initial contract period begins from the date the estimate is accepted until November 15th. All service contracts are automatically renewed from year to year, unless cancelled by the client in writing within 60 days of the end of the contract period. Renewal contract period begins on March 1st and ends on November 15th.

3.

Annual renewals are sent out via e-mail unless domestic mail is requested by the client. Clients have the responsibility to review the renewal and make any required changes for the upcoming season. If no changes or cancellations are submitted, automatic renewals take place on March 1st. Clients who prepaid in full the year prior will be charged in full again for the upcoming season. Clients who opted for the payment plan, will be automatically enrolled for the season, first payment is due on May 1st.

4.

Estimates are valid for 60 days from the date sent except for in the case of annual renewals; in which case pricing is valid up until the auto-renewal date. If an estimate or renewal is accepted and signed past this date, the estimate may be void as prices are subject to increase. If there has been any change in price, the client will be notified and has the option to accept this updated pricing or not.

5.

The client agrees to promptly notify contractor in writing in the event of any dissatisfaction with the maintenance service, to ensure that maintenance is performed as agreed. If this contract is cancelled by the client during the currency of the contract, a penalty equal to 50% of the amount refunded will be payable.

6.

If a client requests that a weekly grass cutting service is skipped for any reason, payment will still be required for that week’s cut.

7.

All grass cutting pricing is quoted for lawns that have been cut within 7 days of our first visit. If lawn is greater than 5 ” on our first visit, additional charges will apply.

8.

A minimum of 1 week’s notice is required for cancellation or deferral of scheduled garden maintenance. Minimum of 48 hours notice is required for cancellation or deferral of one-time gardening projects. If notice is not given and a crew arrives on site to work and is turned away, a service call fee will apply to cover travel and the client agrees to pay this fee.

9.

Any 50% deposit that is collected for purchase of materials is non-refundable.

10.

The contractor shall carry Worker’s Compensation Insurance covering its employees, and shall provide adequate public liability damage insurance protecting itself.

11.

Payment for invoices are due on receipt. Any invoice not paid within 30 days of the invoice date will be assessed a finance charge of 1.5% per month (18% per year). If payment is not received within 60 days of the invoice date, the contractor shall have the right, at its sole option, to stop work, and the client shall be responsible for payment while work is stopped. If any unpaid invoice(s) is/are subject to collection proceedings, including legal action in the Small Claims Court, the client shall be responsible for any and all costs in connection therewith. The client agrees to provide Maggio Ltd. with a valid credit card number. In the event that the client pays by cheque, and any such cheque is returned, NSF, or dishonoured, then Maggio Ltd. shall have the right to bill such unpaid amount to the client’s credit card, together with a surcharge of $45.00.

12.

The contractor will not be responsible for:

• (a) Claims or damages caused by weather, acts of God, accidents, vandalism, death or decline of plant materials due to improper selection, placement, planting or maintenance done before the start of this contract.
• (b) Claims or damages arising from exposed cables/wires or sprinkler components/lines normally found below the lawn’s surface that constitute a mowing hazard, e.g. sprinkler heads that are improperly installed above grade level.
• (c) Claims or damages caused by or to any item hidden in the landscape and not clearly guarded or marked.
• (d) Disease or damage to lawns or landscape plants caused by excessive irrigation or lack of water due to inoperative irrigation components, or irrigation restrictions imposed by water management authorities.

13.

The client agrees to allow Maggio Ltd. to use photographs of completed work on the client’s property for marketing and advertising purposes.