Terms of Service
Snow Clearing Services - Snoworks Limited
Terms and Conditions:
Definitions:
1.In this Agreement:
a) “Contractor” means Snoworks Limited
b) “Customer(s)” means the parties to whom the Contractor has agreed to provide Snow Clearing Services;
c) “Serviced Area” means the Customer(s) driveway or any other area located at the Subject Property for which Snow Clearing Services have been agreed to be provided.
d) “Snow Clearing Services” means the blowing or removal of snow from the Serviced Area to a permissible nearby area including the Customer(s) lawn.
e) “Subject Property” means the lands owned or occupied by the Customer(s) for which the Contractor has agreed to provide Snow Clearing Services.
f) “Term” means the period commencing on November 1st and ending April 15th.
Subject Property
2.The Customer(s) represent they are the owner(s) of the Subject Property. If the Customer(s) are not the owner(s), the Customer(s) represent they have the authority to contract on behalf of the owner(s).
3.The Customer(s) hereby grant the Contractor a licence to attend upon the Subject Property during the Term for the purpose of providing Snow Clearing Services.
Service
4.For “Season’s Pass” Customer(s), the Contractor shall provide Snow Clearing Services following the accumulation of approximately ten centimetres (10cm) of snow fall. Any snowfall less than ten centimetres (10cm) is the responsibility of the homeowner.
5.Snowfall amounts are measured on a “storm board” located at the 890m level on Red Mountain Rd and will be used to determine service triggers.
6.Snowfall amounts will be cleared within 48 hours of the end of the storm cycle. The Contractor will strive for 24 hours and typically is done within 8 hours.
7.The timing of Snow Clearing Service visits will vary depending on the nature of each snow fall. Generally Snow Clearing Services will occur late at night or early in the morning, but can occur at any time.
8.If any of the 10 Snow Clearing Services are not used by the end of the season due to lack of snow, they do not transfer to the next year, or subsequent years. Return Customer(s) qualify for $50 off their next seasonal contract. (seasons pass)
9. If the forecast is calling for twenty to thirty centimetres (20cm – 30cm) of snow during the storm cycle, the Contractor may elect to wait until the snow has finished falling to provide service.
Markers
10.The Contractor is permitted to install markers to mark obstacles as well as edges of the Customer(s) driveway prior to the commencement of the Term.
Snow Storage
11. Snow will be snowblown and/or piled in an area which will prevent pooling and driveway saturation, to the Customer’s satisfaction.
Excluded Services
12.The following services are excluded from Snow Clearing Services and will not be provided: Hauling of snow; Sanding; Salting; De-Icing; Hand Shovelling, Removal of hard packed snow and Scraping of Serviced Area down to the bare ground;
Walkway Services
13.Walkway shovelling and/or hand shovelling services are excluded from Snow Clearing Services
Payment
14.All estimates, quotes, and promotions are valid for acceptance by the Customer(s) within thirty (30) days only.
15.The Customer(s) agree to pay to the Contractor the entire balance on or before the commencement of the Term (November 1st);
16.Any cheques returned as non-sufficient funds (NSF) will incur an additional administrative charge of $50.00 per occurrence.
17.Any and all payments made under this Agreement are non-refundable to the Customer(s) under any circumstances including the termination of the Agreement by the Customer(s).
Additional Fees
18.In the event the included 10 services are used up with the “seasons pass”during the season, the Customer(s) agree to pay the additional service fee listed on page 1 for subsequent plows.
19.In the event the Customer chooses “Per Service” and elects to leave snow for a period of time where the snow becomes compacted before requesting service, there will be a surcharge of $200 on top of the fee schedule listed on page 1.
20.In the event of snow accumulation in excess of thirty centimetres (31cm) occurs, the Customer(s) agree to pay additional fees listed on page 1.
21. The Parties acknowledge at the time of executing this Agreement fuel prices are approximately $1.80 per litre. In the event fuel prices rises over $2.20 per litre at any time during the Term the Customer(s) agree to pay a one-time surcharge of $25.00.
22.The Customer(s) agree to pay any and all additional fees on or before April 31st of the contracted year.
Interest
23.Any overdue payments will accrue monthly cumulative interest at the rate of 3% per month.
Customer Credit
24.If the Customer(s) elect to renew Snow Clearing Services Agreement “Seasons Pass”, The Contractor shall provide to the Customer(s) a $50.00 credit toward their next Snow Clearing Services Agreement.
Contractor’s Guarantee
25. In the event the Customer is dissatisfied with the Snow Clearing Services, the Customer shall be entitled to terminate this Agreement and receive a refund of all amounts paid to the Contractor for the Term. The Customer’s right of termination and refund is conditional upon all of the following items being met:
a) The Customer must have executed this Agreement on or before December 1st of the Term;
b) The Customer must have paid the Contractor either the full contract “season’s pass” price or a 50% deposit on or before December 1st of the Term; and The Customer must notify the Contractor in writing of their intention to terminate this Agreement within 24 hours of receiving the first Snow Clearing Service of the Term.
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26.Customer agrees, that Snow Clearing Services provided by the Contractor may not always be possible due to unforeseen circumstances, including and not limited to; mechanical breakdown and/or injury/illness to employees
Customer(s) Responsibilities
27.Prior to the commencement of the Term, the Customer(s) agree to remove any objects in or near the Serviced Area and notify the Contractor of any hidden obstacles.
28.The Contractor shall not be responsible for the repair, replacement, or cost for any damage to undisclosed and unmarked, hidden obstacles incurred during the snow removal process.
29.The Customer(s) agree to provide the Contractor with a minimum 12ft of clearance for any Serviced Areas. The Customer(s) agree to inform the Contractor of any “low clearance areas” of less than 12 feet, where impact of the height of the machinery may cause damage.
30.The Customer(s) shall be responsible for removing any and all items from the Serviced Area prior to each snowfall.
31.The Contractor shall not be liable for any damage caused to removable items left in the Serviced Area (including basketball nets, garbage/recycling bins, plant pots, bikes, skis, toys, hockey nets/sticks, extension cords, and Christmas lights).
32.The Customer hereby agrees to accurately disclose the size of the Serviced Area to the Contractor prior to the commencement of this Agreement. In the event the Customer misrepresents the size of the Serviced Area the Contractor shall be entitled to rescind the Agreement or charge an additional fee.
Vehicles
33.In the event vehicles are parked in the Serviced Area during Snow Clearing, the Contractor shall only perform Snow Clearing from accessible Service Areas that open onto a public roadway.
34.The Customer(s) acknowledge increased risk of damage to vehicles left parked in the Service Area during Snow Clearing operations.
Highway Contractor:
35.The Customer(s) acknowledge the Contractors are not associated in any way with Yellowhead Road and Bridge (YRB) and do not guarantee when or how these services shall be provided to the Subject Property.
36.In the event Yellowhead Road and Bridge (YRB) plows in the Customer(s) Service Area after being serviced by the Contractor, the Customer(s) agrees that is beyond the control of the Contractor and the Contractor is not responsible for berm removal, until subsequent servicing.
Waiver of Liability / Indemnification:
37.The Contractor is not liable, responsible, or accountable to the Customer(s) for:
a) Any damage to the Customer(s) lawn, flower beds, trees, garden or decorations;
b) Any rocks, sand, or debris which is blown onto the Customer’s lawn as a result of Snow Clearing services;
c) Scratches, marks, chips, cracks, gouges or any other damage of any kind to the Customer’s driveway or Serviced Areas whether arising as a result of uneven ground, hidden rocks or uneven interlock surfaces or otherwise.
38.The Contractor shall not be responsible in any way whatsoever for slippery or icy conditions and excludes any and all liability whatsoever. The Customer(s) agree to indemnify the Contractor from any claims which may arise as a result of slippery, icy, dangerous, or defective conditions at the Subject Property or Serviced Areas.
39.The Customer(s) agree to obtain a policy of General Home Insurance during the Term and guarantee to the Contractor the policy of insurance is satisfactory to cover any claims.
Limitation
40.In the event the Contractor causes any property damage to the Customer, the Customer must notify the Contractor within 48 hours, failure of which the Contractor is hereby relieved and released of any and all liability for such damage.
41.In the event the Contractor is held liable for any reason related to this Agreement, the Contractors liability shall be limited to a maximum of $1,000.00 per occurrence / claim.
Termination
42.In the event the Customer(s) breach term in this Agreement, the Agreement shall, at the discretion of the Contractor, be null and void.
Re-location
43.In the event the Customer(s) re-locate or sell the Subject Property, the Agreement shall not be cancelled, refunded, or terminated.
44.The Customer(s) may assign the Agreement to the new owner or request the Agreement be transferred to a new property within the Contractor’s service area and provided the new Serviced Area is the same size.
General Terms
45.The Customer(s) covenant to pay the Contractor’s full costs of enforcement of the terms of this Agreement including the cost of lawyer fees, registration fees of Construction Liens, and disbursements.
46.The Customer(s) further agree to pay any award of damages and all legal fees of the Contractor for defending any claims made by the Customer(s) or any third party related to the terms of this Agreement.
47.This Agreement constitutes the entire Agreement between the parties.
48.This Agreement is to be governed by and construed according to the laws of the Province of British Columbia.
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Date:________________
Signatures:
Snoworks Limited:__________________ Print name:______________________
Customer(s)________________________ Print Name:_____________________