Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service (the "Terms") govern the use of services provided by Maple Leaf Garden Design Ltd., a company operating in Canada from 2140 Springfield Road, Kelowna, BC V1Y 7W9, Canada (the "Company", "we", "us", or "our"). By requesting, scheduling, purchasing, or accepting any services from Maple Leaf Garden Design Ltd., you ("Client", "you", or "your") agree to be bound by these Terms.

If you do not agree to these Terms, you must not use or accept our services. These Terms apply to all service inquiries, estimates, proposals, bookings, work orders, and service engagements unless otherwise agreed in writing and signed by an authorized representative of Maple Leaf Garden Design Ltd.

2. Scope of Services

Maple Leaf Garden Design Ltd. provides garden-related services, which may include, without limitation:

  • Garden design and planning;
  • Seasonal planting and flower bed installations;
  • Lawn edging and bed maintenance;
  • Shrub and perennial pruning;
  • Mulching and soil improvement;
  • Residential garden cleanups; and
  • Container garden arrangements.

The specific scope, deliverables, schedule, materials, and pricing for any project will be set out in a written estimate, proposal, invoice, work order, email confirmation, or other written agreement. Any services not expressly included are excluded unless separately agreed in writing. We reserve the right to determine the methods, materials, tools, plant selection, and timing of services in our professional judgment, subject to the Client's approved scope and applicable law.

Unless specifically agreed otherwise, our services are provided on a best-efforts basis and may be influenced by weather, site conditions, plant availability, seasonal factors, soil conditions, and other circumstances beyond our control.

3. User Obligations and Responsibilities

You agree to:

  • Provide accurate, complete, and timely information about the property, site conditions, access, hazards, irrigation systems, buried utilities, pets, pests, and any known environmental or structural concerns;
  • Ensure safe and unobstructed access to the property and all areas where services are to be performed;
  • Obtain and maintain all necessary permissions, approvals, strata/HOA consents, municipal permits, utility locates, and property-owner authorizations required for the work;
  • Inform us in advance of any concealed hazards, protected plants, underground systems, asbestos, contaminated soil, or other dangerous conditions;
  • Keep children, pets, and unauthorized persons away from active work areas;
  • Review and approve proposed designs, plant selections, and materials before installation where applicable;
  • Promptly inspect completed work and notify us of any concerns within a reasonable time; and
  • Pay all amounts due in accordance with the agreed payment terms.

You are responsible for the condition of your property, including any pre-existing damage, drainage issues, soil deficiencies, or plant health problems not caused by our work. We are not responsible for delays or additional costs resulting from inaccurate information, inaccessible sites, or the Client's failure to fulfill these obligations.

4. Payment Terms and Conditions

All fees, deposits, taxes, and payment milestones will be set out in the applicable estimate, invoice, or written agreement. Unless otherwise stated, all amounts are payable in Canadian dollars (CAD).

  • Estimates: Estimates are based on information available at the time and may change if site conditions or project scope differ from what was disclosed.
  • Deposits: We may require a deposit before scheduling or ordering materials. Deposits may be non-refundable to the extent permitted by law if materials are purchased or work is reserved for your project.
  • Invoices: Invoices are due upon receipt unless stated otherwise.
  • Late Payments: Overdue balances may accrue interest at the maximum rate permitted by law, plus reasonable collection costs, including legal fees where recoverable.
  • Material Costs: The Client is responsible for the cost of plants, soil, mulch, hard goods, and other materials unless expressly included in the quoted price.
  • Changes to Scope: Any request to modify the scope of work may result in additional charges and schedule adjustments.

We reserve the right to suspend or refuse services if payment is overdue, if a deposit is not received, or if the Client materially breaches these Terms.

5. Cancellation and Refund Policy

Cancellations must be made in writing by email to [email protected] or by phone at +1 (250) 763-9841. Cancellation terms may vary depending on the type of service, project stage, and whether materials have been ordered or labour has been scheduled.

  • Scheduled Services: If you cancel a scheduled visit with less than 48 hours' notice, a cancellation fee may apply to cover reserved labour and administrative costs, to the extent permitted by law.
  • Projects in Progress: If work has already commenced, you are responsible for payment for all services performed, materials purchased, and non-cancellable commitments incurred up to the cancellation date.
  • Special Orders: Custom plants, specialty materials, and third-party goods ordered for your project may be non-refundable once ordered or delivered.
  • Refunds: Refunds, if any, will be assessed on a case-by-case basis and issued only where required by law or expressly agreed in writing.

Weather-related rescheduling may be necessary for safety or quality reasons. In such cases, we will make reasonable efforts to reschedule without penalty.

6. Liability Limitations

To the maximum extent permitted by applicable law, Maple Leaf Garden Design Ltd. shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of use, loss of enjoyment, loss of profits, loss of plant material due to third-party actions, or damage caused by weather, pests, disease, irrigation failure, animal activity, or pre-existing site conditions.

Our total liability arising out of or relating to any services, whether in contract, tort, negligence, strict liability, or otherwise, shall be limited to the amount paid by the Client for the specific service giving rise to the claim, except where such limitation is prohibited by law.

We do not guarantee plant survival, flowering performance, growth rates, or long-term landscape outcomes, as these depend on factors beyond our control, including maintenance, climate, watering, soil conditions, and site exposure. The Client is responsible for ongoing care unless maintenance services are separately contracted.

Nothing in these Terms limits liability that cannot be excluded 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 designs, concepts, drawings, renderings, plans, plant palettes, proposals, and other creative materials prepared by Maple Leaf Garden Design Ltd. remain our intellectual property until full payment has been received. Upon full payment, the Client receives a non-exclusive, non-transferable license to use the delivered design materials solely for the intended property and project described in the agreement.

You may not reproduce, distribute, sell, sublicense, publish, or use our materials for other properties or projects without our prior written consent. We may retain copies of design work and project documentation for our business records and portfolio, subject to privacy obligations and any confidentiality commitments.

Any third-party trademarks, plant images, product images, or supplier materials remain the property of their respective owners.

8. Data Protection and Privacy

We collect, use, disclose, and store personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation where relevant. Personal information may include your name, contact details, property address, service preferences, billing information, and communication records.

We use personal information to:

  • Provide quotes, schedule services, and complete work;
  • Communicate with you about projects, invoices, and service updates;
  • Maintain business records and comply with legal obligations;
  • Improve our services and customer experience; and
  • Protect against fraud, misuse, or unauthorized access.

We may share personal information with trusted service providers, subcontractors, payment processors, suppliers, or legal/financial advisors only as reasonably necessary to perform services or comply with law. We take reasonable administrative, technical, and physical safeguards to protect personal information, but no system can be guaranteed secure.

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 request access to or correction of your personal information, subject to lawful exceptions.

9. Force Majeure

Maple Leaf Garden Design Ltd. shall not be liable for any delay, interruption, cancellation, or failure to perform caused by events beyond our reasonable control, including but not limited to severe weather, fire, flood, drought, storm, pandemic, labour disputes, supply shortages, transportation disruptions, government actions, utility outages, acts of God, or equipment failures not caused by our negligence.

Where a force majeure event occurs, we may suspend services, extend timelines, or reschedule work without liability. If the event continues for an unreasonable period, either party may terminate the affected services by written notice, subject to payment for work performed and non-cancellable costs incurred to date.

10. Changes to Terms

We may update or revise these Terms from time to time. Changes will be effective when posted, communicated, or otherwise made available to you, unless a later effective date is stated. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.

If you have an active project or signed agreement, the version of the Terms in effect at the time of acceptance will apply to that project unless a change is required by law or expressly agreed otherwise in writing.

11. Applicable Law and Jurisdiction

These Terms and any dispute arising out of or relating to them, the services, or the relationship between the parties 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 rules.

The parties agree to submit to the exclusive jurisdiction of the courts located in British Columbia, Canada, unless applicable law requires otherwise. Nothing in these Terms prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction where necessary to protect legal rights.

12. Contact Information

If you have any questions about these Terms or our services, please contact:

13. Severability Clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other competent authority, that provision shall be severed or modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Failure by Maple Leaf Garden Design Ltd. to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless expressly stated in writing.

9/17/2026 Home