Thank you for choosing Bloom Culture for your gardening and maintenance needs. Please read the Terms of Service carefully, as it sets out the rights and obligations as related to the provision of our Services.

By accepting the quotation, paying any required deposits, and/or allowing the service work to commence, the client is deemed to agree to and accept all the terms and conditions as listed below, regardless of reading them in entirety.

Service Terms and Conditions

This section outlines the terms and conditions that clients are expected to adhere to when engaging with Bloom Culture for gardening and maintenance services. It covers various aspects such as liability, replacement costs, weather-related incidents, and dispute resolution.

Weather-related Incidents:

• The contractor shall not be held liable for any damage to plants caused by inclement weather conditions, including but not limited to storms, extreme temperatures, or natural disasters.

1. Vandalism and Theft:

   • The contractor shall not be responsible for any damage or loss of plants resulting from vandalism or theft. The client is responsible for taking appropriate measures to secure the containers.

2. Animal Damage:

   • The contractor shall not be liable for damage caused by animals, including but not limited to wildlife or domestic pets. The client is responsible for implementing protective measures to prevent such damage.

3. Replacement Costs:

   • In the event that plants need replacement due to inclement weather, vandalism, theft, or animal damage, the client shall bear the responsibility for covering all associated replacement costs.

4. Failed Plants or Watering Issues:

   • The contractor acknowledges responsibility for replacing plants that fail to thrive due to reasons within their control, such as issues related to the contractor's care, maintenance, or watering procedures.

5. Regular Maintenance:

   • The client shall grant the contractor reasonable access to perform routine maintenance on the container arrangements, and the contractor shall make reasonable efforts to ensure the health and vitality of the plants. If any additional visits beyond the agreed-upon maintenance schedule are required to address specific issues or concerns, they will be provided at an extra cost, mutually agreed upon by both parties in advance.

6. Notification of Issues:

   • The client is responsible for promptly notifying the contractor of any issues or concerns regarding the health and condition of the plants. Failure to do so may impact the contractor's liability for replacement costs.

7. Negligence:

   • The contractor shall not be held liable for damages resulting from the client's negligence, failure to follow intermittent care instructions, or any actions that compromise the well-being of the plants.

8. Dispute Resolution:

   • In the event of a dispute regarding liability or replacement costs, both parties agree to engage in good faith negotiations and, if necessary, pursue mediation or arbitration as a means of resolution.

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Project Execution and Financial Terms

This category focuses on the details related to the scope of work, quotations, deposits, payment methods, and site-related responsibilities. It provides clarity on the contractual obligations, financial arrangements, and site-specific considerations for both Bloom Culture and the client.

1. SCOPE OF WORK

1.1 Bloom Culture shall provide all labor, equipment, and materials needed to complete the work as specified within the quotation.

1.2 The work as detailed shall be carried out to the professional standard a reasonable person can expect.

1.3 Concern with any workmanship or service provided by Bloom Culture must be reported within 48hrs of project completion. Bloom Culture is not responsible for any omission of services or materials that is NOT contained within the quotation.

1.4 Bloom Culture will not be held liable for any service delays that result from inclement weather and/or unsafe working conditions.

1.5 It is the Customer’s responsibility to ensure that they understand the scope of work as contained within the quotation prior to the work being completed.

2. QUOTATIONS

2.1 Quotations are valid for 30 days only and may be subject to alteration after that date.

2.2 The quotation is a best estimate of price at the time of submission considering existing site conditions and layout at the time of viewing.

2.3 Acceptance of the quotation signifies acceptance of this Service Agreement and represents a binding contract between the parties. The parties agree that this Agreement may be executed in counterpart and electronically by means of Email Acceptance.

2.4 Only the work described within the quotation is included; the supply of any other materials or labour costs to carry out works other than stated within the quotation is excluded.

2.5 In the event that unforeseen obstacles occur (such as hidden weed barriers/tree roots/hard rock/heavy clay, etc.), Bloom Culture will charge the customer an additional fee to cover any labor or disposal costs required to overcome these obstacles. Bloom Culture has the authority to proceed while onsite and without notice to customer for additional services valued up to $350.00. For costs beyond $350.00, the contract will be renegotiated before any work continues.

3. DEPOSITS

3.1 Projects with a value greater than $1500.00 will require a 25% deposit prior to commencement.

3.2 Deposits shall be forfeited for any cancellations outside of the required five (5) business days notice. The Customer will be entitled to purchased materials covered by said deposit.

3.3 When a contract is cancelled and deposit to be refunded, Bloom Culture has up to (14) days to refund the customer.

4. PAYMENT

4.1 The Customer agrees to pay Bloom Culture in the amounts and at the times specified within the quotation.

4.2 Payment will be accepted in the form of cheque, credit card, cash, or email transfer.

4.3 Should payment for the Services be delayed in any way beyond the timelines set forth herein,

including but not limited to delay due to credit card refusal or processing, interest will accrue at a rate of 2% per month (24% per annum) from the date payment is due until the date that full payment is received.

4.4 A $75.00 fee will be charged on all returned cheques.

4.4 In the event it is necessary to institute legal recovery of the outstanding sum, the Customer will be liable to pay Bloom Culture’s legal fees in full.

5. SITE

5.1 It is the Customer’s responsibility to ensure that the work site is free from obvious hazards and that all sprinkler heads, landscape lighting, underground utility lines in the area have been clearly marked.

5.2 Any subterranean finds such as, but not limited to, sprinkler heads, landscape lighting, utility lines, if not marked and damage occurs, will be the responsibility of and repaired at the expense of the Customer.

5.3 The Customer is responsible for removing all dog feces from the property on the scheduled start date. If Bloom Culture must complete this task, the customer will be charged a fee of $50.00.

5.4 The Customer commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract. Any delays may result in additional charges.

5.5 Access to water and electricity services will be provided by the Customer at no cost to Bloom Culture. Bloom Culture is responsible for using the Customer’s water judiciously.

5.7 Bloom Culture is responsible for leaving the Customer’s yard tidy if the project persists more than one working day.

5.8 Bloom Culture agrees to perform a thorough job site cleaning of the customer’s property once the project has been completed. Bloom Culture is not responsible for pre-existing yard mess unless agreed upon or included within the estimate.