Terms of Service

1. Scope of Services

Nathan Creek Landscape agrees to provide all necessary labor, materials, tools, and equipment to perform landscape maintenance services at the specified property (“Property”) as outlined in the agreed-upon service plan or estimate.

2. Maintenance Standards

Services will be conducted in accordance with the “Moderate” standard as defined in Table 14-17 of the British Columbia Landscape Standards, 7th Edition, as published by the BC Society of Landscape Architects and BC Nursery Trades Association. Exclusions to this standard include:

• Trees and shrubs over five (5) meters in height,

• Snow removal,

• Irrigation services, unless expressly agreed upon in writing by both parties.

3. Annual Renewal and Price Adjustment

Services and pricing will automatically renew on the anniversary of the contract signing date, following the prior year’s service schedule and rates. Renewals are subject to a minimum 5% price increase annually. Notice of any further adjustments will be communicated in writing.

4. Cancellation Policy

To cancel services, a minimum thirty (30) days’ written notice is required, delivered via email, mail, or other written communication. Service cancellation will take effect following the thirty-day period.

5. Payment Terms

Payment terms are due within fifteen (15) days of the service date unless otherwise specified in the estimate. Late payments may incur an interest charge of 1.5% per month (18% per annum).

6. Liability Limitations

Nathan Creek Landscape shall not be liable for:

• Damages or delays caused by pre-existing conditions at the Property,

• Adverse weather conditions affecting service performance,

• Any loss or damage arising from actions or inactions outside our control, such as vandalism or animal damage.

7. Service Adjustments

Any adjustments or modifications to the scope of work must be agreed upon in writing. Such changes may affect pricing and service schedules.

8. Insurance and Proof of Coverage

Nathan Creek Landscape maintains liability insurance, and proof of insurance is available upon request.

9. Dispute Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter through mediation. Should mediation fail, the dispute will proceed to binding arbitration in accordance with the arbitration laws of British Columbia.

10. Non-Renewal Notice

If you do not wish to renew services for the following year, please provide a thirty (30) day written notice before the contract’s anniversary renewal date.

11. Intellectual Property and Confidentiality

All designs, plans, and proprietary methods developed by Nathan Creek Landscape remain the intellectual property of the company and are not to be used or disclosed by the client without prior written consent.

12. Disclaimer of Warranty

Nathan Creek Landscape provides no warranties or guarantees, express or implied, for the services provided, except as may be explicitly stated in the service contract.

13. Automatic Renewal Date

This contract will automatically renew on the anniversary of the date it was signed unless cancellation notice is given as outlined in Section 4.

14. Force Majeure

Nathan Creek Landscape shall not be liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, extreme weather events, pandemics, acts of government, or other unforeseeable events.

15. Non-Performance Clause

Nathan Creek Landscape reserves the right to suspend services without liability if the client fails to meet payment obligations or otherwise breaches the terms outlined in this agreement. Service will resume once outstanding issues are resolved to our satisfaction.

16. Governing Law

These Terms of Service shall be governed by and interpreted under the laws of British Columbia, Canada.