Terms of Service
Welcome to KCG Outdoor Services Ltd.. These Terms of Service ("Terms") govern your use of our services and website. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.
1. Acceptance of Terms
By accessing, browsing, or using the services provided by KCG Outdoor Services Ltd. ("Company," "we," "us," or "our"), you ("Customer," "User," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.
Important Agreement
If you do not agree to these Terms, you must not access or use our services. Your continued use of our services constitutes acceptance of any modifications to these Terms.
Capacity to Contract
By agreeing to these Terms, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into this agreement
- You are authorized to act on behalf of any entity you represent
- Your use of our services will not violate any applicable law or regulation
2. Description of Services
KCG Outdoor Services Ltd. provides professional outdoor and landscaping services including but not limited to:
Landscape Design & Installation
- Custom landscape design
- Plant selection and installation
- Hardscape construction
- Irrigation system installation
Maintenance Services
- Regular lawn care and maintenance
- Seasonal cleanup services
- Pruning and tree care
- Pest and disease management
Specialized Services
- Outdoor lighting installation
- Water feature construction
- Deck and patio construction
- Consultation and planning
Service Disclaimer
All services are subject to availability, weather conditions, and seasonal limitations. We reserve the right to modify service offerings and may refer customers to qualified partners for specialized work outside our core competencies.
3. User Responsibilities
Property Access and Preparation
As a customer, you agree to:
- Provide safe and reasonable access to the work area
- Ensure all necessary permits are obtained before work begins
- Mark or identify underground utilities and sprinkler systems
- Remove or secure personal property that may interfere with work
- Provide accurate property boundaries and easement information
- Inform us of any known hazards or special conditions
Communication and Cooperation
You are responsible for:
- Providing accurate contact information and project specifications
- Responding promptly to requests for information or approvals
- Notifying us immediately of any concerns or changes
- Being available for scheduled consultations and inspections
- Reviewing and approving project plans before work commences
Prohibited Activities
You agree not to:
- Interfere with our work or equipment without permission
- Make changes to the work area during active projects
- Use our services for illegal or unauthorized purposes
- Misrepresent property ownership or authorization
- Violate any applicable laws, regulations, or HOA requirements
4. Service Availability
Seasonal Considerations
Our services are subject to seasonal availability and weather conditions. Some services may be limited or unavailable during winter months.
Weather Dependencies
Work schedules may be adjusted due to weather conditions. We prioritize safety and quality, which may require postponing services.
Scheduling
Services are scheduled based on availability. Emergency services may be available for additional fees. Advanced booking is recommended.
Force Majeure
We shall not be liable for any failure or delay in performance under these Terms which is due to earthquake, fire, flood, pandemic, governmental restrictions, labor disputes, or other causes beyond our reasonable control.
5. Pricing and Payment
Estimates and Quotes
- All estimates are valid for 30 days unless otherwise specified
- Quotes may be subject to change based on site conditions
- Written approval is required before work begins
- Additional work requires separate authorization
Payment Terms
- Payment terms are Net 30 days unless otherwise agreed
- Deposits may be required for large projects
- Late payments may incur additional fees
- We accept cash, check, and major credit cards
Payment Policies
Late Payment Fees
Accounts not paid within 30 days may be subject to a late fee of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less.
Disputed Charges
Any disputed charges must be reported in writing within 10 days of invoice receipt. Undisputed portions of invoices remain due according to normal payment terms.
Collection Costs
Customer agrees to pay all costs of collection, including reasonable attorney fees, court costs, and collection agency fees for delinquent accounts.
6. Cancellation and Refunds
Customer Cancellation
- 24+ hours notice: No cancellation fee
- Less than 24 hours: 50% of scheduled service fee
- Day of service: 100% of scheduled service fee
- Projects in progress: Payment due for completed work and materials
Company Cancellation
We may cancel services due to:
- Unsafe working conditions
- Severe weather or environmental hazards
- Non-payment of previous invoices
- Violation of these Terms of Service
Refund Policy
Service Refunds
Refunds are provided on a case-by-case basis for services that do not meet our quality standards. Refunds are limited to the cost of the specific service and do not include consequential damages.
Material Refunds
Plants and materials that fail within our warranty period will be replaced at no charge. Refunds for materials are only provided if the materials were not installed or used.
7. Intellectual Property
Company Intellectual Property
All designs, plans, concepts, and creative work developed by KCG Outdoor Services Ltd. remain our intellectual property unless explicitly transferred in writing. This includes:
- Landscape design plans and drawings
- Plant selection and arrangement concepts
- Custom hardscape designs
- Project documentation and specifications
- Proprietary techniques and methodologies
Customer Rights
Upon full payment for design services, customers receive:
- Right to use designs for the specified property
- One set of final design plans
- Right to modify designs for personal use
- Limited reproduction rights for personal records
Restrictions
Customers may not:
- Reproduce designs for commercial purposes
- Share designs with competing contractors
- Claim authorship of our designs
- Use designs for other properties without permission
8. Limitation of Liability
Important Liability Limitations
Please read this section carefully as it limits our liability to you. These limitations may not apply in all jurisdictions.
General Limitations
Our total liability for any claim arising from our services shall not exceed the amount paid by the customer for the specific service giving rise to the claim, regardless of the form of action or legal theory.
Excluded Damages
We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or personal injury not directly caused by our negligence.
Time Limitations
Any claim against us must be brought within one (1) year after the cause of action accrues, regardless of when the damage is discovered.
Insurance Coverage
We maintain appropriate commercial general liability insurance. Our insurance coverage limits may further limit our liability for certain types of claims.
9. Warranties and Disclaimers
Plant Warranty
90 Days
- Covers plant material defects
- Replacement at no charge
- Excludes damage from neglect
- Requires proper care and watering
Workmanship Warranty
1 Year
- Covers installation defects
- Free repair or replacement
- Excludes normal wear and tear
- Excludes damage from misuse
Hardscape Warranty
2 Years
- Covers structural defects
- Excludes settling and shifting
- Excludes damage from freeze/thaw
- Requires proper drainage maintenance
Important Disclaimers
No Other Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Natural Variations
We are not responsible for natural variations in plant growth, color, or size. Plants are living organisms subject to environmental factors beyond our control.
Soil and Site Conditions
Warranties may be void if unknown soil conditions, drainage issues, or other site-specific factors affect the work quality or plant survival.
10. Governing Law and Jurisdiction
Applicable Law
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.
Jurisdiction and Venue
Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Ontario, Canada, and you hereby consent to the jurisdiction of such courts.
Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to be enforceable while preserving its intent.
11. Dispute Resolution
Resolution Process
Direct Communication
First, contact us directly to discuss any concerns. Most issues can be resolved through open communication.
Mediation
If direct communication fails, both parties agree to attempt mediation through a qualified mediator before pursuing litigation.
Legal Action
As a last resort, disputes may be resolved through the court system in accordance with our jurisdiction clause.
Costs and Fees
Each party shall bear their own costs for mediation. In litigation, the prevailing party may be entitled to recover reasonable attorney fees and costs as permitted by law.
12. Termination
Termination by Customer
You may terminate our services at any time with written notice. You remain responsible for payment of all services performed and materials delivered up to the termination date.
Termination by Company
We may terminate services immediately upon notice if you breach these Terms, fail to make required payments, or if continuing services would be unsafe or illegal.
Effect of Termination
Upon termination:
- All outstanding invoices become immediately due and payable
- We will cease all work and remove our equipment
- Warranty obligations remain in effect for completed work
- Confidentiality obligations survive termination
- Customer retains rights to completed work as specified
Contact Information
Questions About These Terms?
If you have any questions about these Terms of Service or need clarification on any provisions, please don't hesitate to contact us.
Terms Updates
We may update these Terms of Service from time to time. We will notify you of any material changes by posting the new terms on this page and updating the "Last Updated" date.