Terms of Service for Northvale Gardenworks Ltd.
Effective Date: July 9, 2026
1. Introduction and Acceptance of Terms
These Terms of Service govern the provision of garden, landscaping, lawn care, and related horticultural services by Northvale Gardenworks Ltd., located at 1285 Morningside Avenue, Unit 12, Scarborough, ON M1B 3W1, Canada.
By requesting, booking, approving, paying for, or otherwise using the services of Northvale Gardenworks Ltd., you agree to be bound by these Terms of Service. If you do not agree with these terms, you must not use or authorize our services.
In these Terms of Service, “Customer,” “you,” and “your” refer to the person, household, business, property owner, tenant, agent, or other party requesting or receiving services from Northvale Gardenworks Ltd.. “We,” “us,” and “our” refer to Northvale Gardenworks Ltd..
These Terms apply to all estimates, proposals, work orders, invoices, service appointments, maintenance plans, and communications relating to the services provided by Northvale Gardenworks Ltd., unless a separate written agreement signed by an authorized representative of Northvale Gardenworks Ltd. expressly states otherwise.
2. Scope of Services
Northvale Gardenworks Ltd. provides garden and landscape-related services, which may include, but are not limited to:
- Seasonal garden cleanups;
- Landscape planting and bed design;
- Lawn care and edging;
- Mulching and soil improvement;
- Hedge and shrub pruning;
- Perennial garden maintenance;
- General garden maintenance and related horticultural services as agreed in writing.
The specific scope of services for each Customer will be set out in an estimate, quote, proposal, service description, work order, invoice, email confirmation, or other written communication from Northvale Gardenworks Ltd..
Unless expressly included in writing, our services do not include major excavation, tree removal requiring specialized arborist equipment, structural construction, hardscaping, irrigation system installation, pest control requiring regulated pesticides, electrical work, plumbing work, engineering services, snow removal, or any service requiring a separate trade licence or permit beyond the scope of ordinary garden and landscape maintenance.
All timelines, schedules, and completion dates are estimates only and may be affected by weather, site conditions, access, material availability, staffing, safety concerns, municipal restrictions, or other factors outside our reasonable control.
Northvale Gardenworks Ltd. reserves the right to refuse or discontinue work where we determine, acting reasonably, that the site is unsafe, inaccessible, contaminated, subject to undisclosed hazards, or unsuitable for the requested services.
3. User Obligations and Responsibilities
Customers are responsible for providing accurate, complete, and timely information required for Northvale Gardenworks Ltd. to perform the requested services. This includes, where applicable, information about the property, boundaries, site access, pets, utilities, underground systems, irrigation lines, drainage systems, septic systems, buried cables, hazards, protected plants, and any restrictions affecting the work area.
You agree to:
- Ensure that you have the legal authority to authorize work at the property;
- Provide safe and reasonable access to the property at the scheduled service time;
- Unlock gates, secure pets, clear obstacles, and ensure that work areas are reasonably accessible;
- Identify and disclose any known hazards, including underground utilities, sharp objects, unstable ground, wasp nests, toxic plants, contaminated soil, broken glass, or dangerous structures;
- Obtain any permissions, condominium approvals, landlord approvals, permits, or municipal authorizations required for the requested work, unless otherwise agreed in writing;
- Mark or identify any plants, features, ornaments, irrigation components, lighting, decorations, or property items that must not be disturbed;
- Ensure that water, electricity, parking, and other site resources needed for the work are available when agreed;
- Pay all amounts due in accordance with these Terms and the applicable invoice or agreement.
Northvale Gardenworks Ltd. is not responsible for damage arising from inaccurate, incomplete, or withheld information provided by the Customer, including unmarked underground utilities, irrigation systems, buried wires, concealed objects, or misidentified property boundaries.
If a Customer requests changes to the scope of work after services have been scheduled or commenced, such changes may be subject to additional charges, revised timelines, and written approval by Northvale Gardenworks Ltd..
4. Payment Terms and Conditions
Prices for services may be provided as fixed quotes, hourly rates, maintenance plan fees, material costs, or estimates, as communicated by Northvale Gardenworks Ltd.. Unless otherwise stated in writing, all prices are in Canadian dollars.
Applicable taxes, including Harmonized Sales Tax (HST) or other taxes required by law, will be added where applicable.
Payment terms will be stated on the applicable quote, invoice, or service agreement. If no specific payment term is stated, payment is due upon receipt of invoice.
Northvale Gardenworks Ltd. may require a deposit, prepayment, or retainer before scheduling or commencing work, particularly for larger projects, planting installations, material purchases, or recurring maintenance arrangements.
Deposits may be applied toward labour, scheduling, design preparation, sourcing of plants and materials, administrative time, and other project-related costs. Deposits may be non-refundable to the extent that costs have already been incurred or time has been reserved.
Accepted payment methods may include e-transfer, credit card, cheque, direct deposit, or other methods approved by Northvale Gardenworks Ltd.. Additional processing fees may apply where permitted by law and disclosed to the Customer.
Late payments may be subject to interest at the lesser of 2% per month, 24% per year, or the maximum rate permitted by applicable law, calculated from the due date until paid in full.
The Customer is responsible for all reasonable costs incurred by Northvale Gardenworks Ltd. in collecting overdue amounts, including administrative costs, collection agency fees, legal fees, court costs, and disbursements, where permitted by law.
Northvale Gardenworks Ltd. may suspend, postpone, or terminate services if payment is overdue, if a deposit has not been paid, or if the Customer fails to comply with payment obligations.
5. Cancellation and Refund Policy
Customers may request to cancel or reschedule a service appointment by contacting Northvale Gardenworks Ltd. as soon as possible. Cancellation and rescheduling are subject to availability and may be affected by seasonal demand and weather conditions.
Unless otherwise agreed in writing, cancellations made less than 48 hours before a scheduled service may be subject to a cancellation fee to cover administrative time, lost scheduling availability, labour allocation, and preparation costs.
If Northvale Gardenworks Ltd. arrives at the property and cannot perform the work due to lack of access, locked gates, unsafe conditions, unsecured animals, missing Customer approvals, or other Customer-caused issues, the visit may be treated as a late cancellation and may be billed in whole or in part.
Plant material, mulch, soil, amendments, and other goods purchased or ordered specifically for a Customer may be non-refundable once ordered, delivered, planted, installed, or incorporated into the property, except as required by applicable consumer protection laws.
Refunds, where applicable, will be determined based on the nature of the service, work completed, materials ordered or used, deposits paid, and any costs already incurred by Northvale Gardenworks Ltd..
Weather-related postponements, including postponements caused by rain, storms, extreme heat, frost, snow, unsafe ground conditions, or municipal restrictions, do not constitute cancellations by Northvale Gardenworks Ltd.. We will make reasonable efforts to reschedule affected services.
Because garden and landscape outcomes depend on many factors beyond our control, including weather, soil conditions, watering, drainage, sunlight, pests, wildlife, disease, and Customer maintenance practices, Northvale Gardenworks Ltd. does not guarantee plant survival or lawn performance unless a written warranty is expressly provided.
6. Liability Limitations
Northvale Gardenworks Ltd. will perform services in a professional manner consistent with ordinary industry practices for garden and landscape maintenance in Ontario.
To the maximum extent permitted by applicable law, Northvale Gardenworks Ltd. will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of use, loss of enjoyment, loss of profits, loss of business, or reduction in property value.
To the maximum extent permitted by law, the total liability of Northvale Gardenworks Ltd. for any claim arising from or related to the services will not exceed the amount paid by the Customer for the specific service giving rise to the claim.
Northvale Gardenworks Ltd. is not responsible for:
- Pre-existing property conditions, defects, disease, drainage issues, soil deficiencies, pest infestations, or plant health problems;
- Damage to unmarked or undisclosed underground utilities, irrigation lines, cables, drainage systems, lighting wires, or other hidden installations;
- Damage caused by weather, animals, wildlife, vandalism, drought, excessive watering, frost, pests, disease, or third parties;
- Plant loss or decline resulting from lack of watering, improper watering, poor drainage, extreme weather, unsuitable site conditions, pests, or Customer neglect;
- Minor disturbances to soil, lawn, mulch, edging, or planting beds that are inherent in garden and landscape work;
- Colour, size, growth rate, bloom timing, or performance variations in living plants and natural materials;
- Customer dissatisfaction arising from aesthetic preferences not clearly communicated and agreed in writing before work begins.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability for gross negligence, wilful misconduct, or rights that cannot be waived under Canadian consumer protection legislation.
The Customer agrees to indemnify and hold harmless Northvale Gardenworks Ltd., its directors, officers, employees, contractors, and agents from and against claims, damages, losses, liabilities, costs, and expenses arising from the Customer’s breach of these Terms, inaccurate information, unsafe property conditions, failure to obtain required permissions, or misuse of our services.
7. Intellectual Property Rights
All designs, planting concepts, garden plans, sketches, layouts, photographs, written recommendations, maintenance schedules, specifications, service descriptions, branding, logos, website content, and other materials created by or for Northvale Gardenworks Ltd. are protected by intellectual property laws and remain the property of Northvale Gardenworks Ltd. unless otherwise agreed in writing.
Customers may use design materials provided by Northvale Gardenworks Ltd. solely for the property and project for which they were created. Customers may not copy, reproduce, distribute, sell, modify, publish, or use such materials for another property or project without written permission from Northvale Gardenworks Ltd..
Northvale Gardenworks Ltd. may photograph or document work performed for portfolio, training, quality assurance, marketing, or record-keeping purposes, provided that we do not intentionally disclose personal information such as the Customer’s full name, exact address, or other identifying details without consent, unless permitted by law.
If a Customer does not want photographs of the property used for marketing purposes, the Customer must notify Northvale Gardenworks Ltd. in writing.
8. Data Protection and Privacy
Northvale Gardenworks Ltd. collects, uses, and discloses personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act, where applicable.
Personal information we may collect includes the Customer’s name, address, email address, phone number, billing information, property details, service preferences, communications, payment status, and information necessary to provide services.
We may use personal information to:
- Respond to inquiries and provide estimates;
- Schedule, perform, and manage services;
- Process payments and issue invoices;
- Communicate about appointments, changes, maintenance needs, and service updates;
- Maintain business records and comply with legal obligations;
- Improve our services and customer experience;
- Send service-related communications or, where permitted, promotional communications.
Northvale Gardenworks Ltd. does not sell personal information. We may disclose personal information to employees, contractors, payment processors, professional advisers, insurers, service providers, government authorities, or others where necessary to provide services, collect payments, comply with law, protect legal rights, or operate our business.
We take reasonable administrative, technical, and physical safeguards to protect personal information against unauthorized access, use, disclosure, loss, or theft. However, no method of transmission or storage is completely secure.
Customers may contact Northvale Gardenworks Ltd. to request access to, correction of, or information about the use of their personal information, subject to legal limitations.
9. Force Majeure
Northvale Gardenworks Ltd. will not be liable for delay, failure to perform, or interruption of services caused by events beyond our reasonable control.
Force majeure events may include, but are not limited to:
- Severe weather, storms, flooding, snow, ice, drought, heat warnings, frost, or unsafe outdoor conditions;
- Natural disasters, fire, public health emergencies, epidemics, or pandemics;
- Labour shortages, strikes, supply chain disruptions, fuel shortages, or transportation delays;
- Material or plant shortages;
- Government orders, municipal restrictions, by-laws, or permit delays;
- Utility failures, road closures, accidents, or emergencies;
- Any other event beyond the reasonable control of Northvale Gardenworks Ltd..
If a force majeure event occurs, Northvale Gardenworks Ltd. will make reasonable efforts to resume or reschedule services when it is safe and practical to do so.
10. Changes to Terms
Northvale Gardenworks Ltd. may update or modify these Terms of Service from time to time to reflect changes in our services, business practices, legal requirements, or operational needs.
The updated Terms will apply to services requested, scheduled, renewed, or performed after the effective date of the updated Terms, unless otherwise required by law or agreed in writing.
Where required by applicable law, Northvale Gardenworks Ltd. will provide notice of material changes. Continued use of our services after updated Terms become effective constitutes acceptance of the updated Terms.
11. Applicable Law and Jurisdiction
These Terms of Service and any dispute, claim, or matter arising from or related to the services provided by Northvale Gardenworks Ltd. are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
Subject to any rights that cannot be waived under applicable consumer protection laws, the parties agree that the courts located in Ontario, Canada, will have jurisdiction over disputes arising from or relating to these Terms or the services.
Nothing in these Terms limits any mandatory rights or remedies available to consumers under applicable Canadian federal or provincial consumer protection legislation.
12. Contact Information
Questions, notices, cancellation requests, privacy inquiries, and other communications regarding these Terms or the services of Northvale Gardenworks Ltd. may be directed to:
Northvale Gardenworks Ltd.
1285 Morningside Avenue, Unit 12
Scarborough, ON M1B 3W1
Canada
Email: [email protected]
Phone: +1 (416) 739-6824
13. Severability Clause
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court or authority of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, severed from these Terms.
The remaining provisions will continue in full force and effect. The invalidity or unenforceability of any provision will not affect the validity or enforceability of the rest of these Terms.
These Terms of Service constitute the general terms governing services provided by Northvale Gardenworks Ltd. and should be read together with any applicable quote, invoice, proposal, work order, maintenance plan, or written agreement issued by Northvale Gardenworks Ltd..