terms of service | PolarPeak Landscaping

PolarPeak Plowing - Terms of Service Agreement

Business: Eastflo Construction LTD
Operating name: PolarPeak Plowing

This Terms of Service Agreement is entered into by and between PolarPeak Plowing, a division of Eastflo Construction Ltd. (the "Contractor"), and the person, business or entity represented in communications, estimates or invoices (the "Client"). This Agreement establishes the terms and conditions under which the Contractor provides services in Saskatoon, Saskatchewan, and surrounding areas. It defines the responsibilities and obligations of both the Client and the Contractor, including service expectations, payment terms, liability, and indemnification requirements.

PolarPeak Landscaping (“the Contractor”) provides landscaping and related services under the terms and conditions set forth below. The individual or entity receiving services (“the Client”) acknowledges and agrees that by accepting an estimate or quote, authorizing work to commence, or making full or partial payment of any invoice issued by PolarPeak Landscaping, the Client is entering into a binding agreement and agrees to be bound by the Terms of Service out lined below.

The Client further represents and warrants that they are the property owner, tenant, or an authorized agent of the property owner, and that they have full authority to request services at the specified property. The Client accepts full responsibility for all costs, charges, and any damages arising from a lack of such authority or from any disputes related to property ownership or authorization.

Validity of Terms for Future Work

The Client acknowledges and agrees that these Terms of Service apply to all current and future service requests by the Client and services provided by the Contractor, unless superseded by a new written agreement. Each future request for services by the Client will be deemed as continued acceptance of these terms.

Authorization of Service

The Client affirms that they have provided their full legal name or entity's information and are the legal property owner, lessee or tenant who has the right and authority to request services for the service location or adjacent properties considered to be under the Client’s responsibility, such as but not limited to, city sidewalks.
By requesting service from the Contractor, the Client is authorizing the Contractor to enter on-to the service location to provide the services requested by the Client.
The Client agrees that the services outlined in the Contractor provided estimate or invoice provided before or after service, as well as other communications prior to service such as; discussed in person, over the phone by means of calls, text messaging or other direct messaging platforms or through e-mails and online forms between the Contractor and Client represent the scope of work authorized by the Client.
By requesting service, the Client agrees to, and authorizes the Contractor to perform the services as discussed through communications or outlined within the Contractor provided estimate or Invoice.
The Client agrees to pay the Contractor for all services and incurred costs rendered by the Contractor, as outlined in the invoice provided to the Client, regardless of any disputes or claims that may arise.
By entering into this Agreement, the Client assumes full responsibility for any and all costs, damages, or legal claims arising from current or future service or any and all costs, damages, or legal claims arising from the Clients misrepresentation of their authority to request service or enter into this Agreement for the service location, or entity represented as the Client.

Scope of Work

The Contractor will perform services as requested by the Client and agreed upon by the Contractor to the best of the Contractors' ability, and that physical requirements and conditions of the Client's service request and location will allow for.
Services may include but are not limited to, Snow removal and/or landscaping with the use of hand tools, walk-behind equipment such as power brooms, snowblowers/throwers and small or large machinery.
Snow, soils and other aggregates will be relocated to designated areas on the Client’s service location at the Contractors discretion unless otherwise specified.
Snow removal, sand, salt and de-icing application services do not guarantee bare surfaces or the elimination of all snow and ice on the surface or in the area. Slipping hazards may remain after service.
The Contractor is not responsible for piling snow, soils, aggregates and other materials that may create blind spots, obstruct visibility, or impede access to service location.
Monthly and Seasonal Packages; The Contractor will provide service after snowfall events when the specified snowfall trigger noted on the Client’s estimate or invoice is met but may provide service at the Contractors discretion for Client request during on-going snowfall events.
One-Time (“Per-Push/call") services will be completed as-per-schedule determined and agreed upon by the Client and the Contractor at time-of-service request.
In cases of continuous snowfall or extreme weather, services will be performed on a best-effort basis, and the Contractor shall not be liable for delayed snow removal under such conditions.
Monthly and Seasonal Packages; The Contractor may provide multiple service visits during extreme snowfall and weather events prior to the conclusion of the event.
In the event of equipment failure prior to or during service, the Contractor will make reasonable efforts to resume services as soon as possible. The Client acknowledges that delays caused by equipment malfunction or repair do not constitute a breach of this Agreement, and the Contractor is not liable for costs, injuries, fatalities, project or service delays, traffic or business interruptions and damages.
The Contractor shall not be held liable for failure to perform or delays in service resulting from events beyond their reasonable control, including but not limited to acts of nature, extreme weather conditions, pandemics, government actions, labor shortages, equipment failure, supply chain disruptions, or other emergencies. In such cases, services will resume at the earliest possible opportunity, but the Contractor is not responsible for any resulting damages, injuries, fatalities or costs incurred by the Client because of delayed service.
In the event that a Force Majeure event prevents services for a continuous period exceeding 30 days, either party may terminate this Agreement without penalty, with written notice.
injuries, fatalities or the resulting snow or ice accumulation during such delays. The Client assumes all liability for costs, project delays, traffic interruptions, damages, injuries, fatalities or the resulting snow, ice or other material and aggregate accumulation during such delays and the responsibility for maintaining access and safety of the service location during such delays.
The Contractor shall not be responsible for snow and other material and aggregate removal beyond the agreed-upon areas.
The Contractor may engage company employees, subcontractors or direct service providers to perform services under this Agreement. All liability limitations, indemnifications, and waivers of claims extend fully to Employees of the Contractor, subcontractors and service providers engaged by the Contractor to perform services for the Client.
The Client is responsible for maintaining surfaces at the service location and adjacent areas the Client is responsible for, such as city sidewalks, after Contractor service.
The Client is responsible for ensuring that all areas requiring service are accessible and free of obstructions, including but not limited to parked vehicles, debris, locked gates, or other barriers. The Client must take reasonable steps to provide clear access before the Contractor arrives. If the Contractor is unable to perform full, partial or no services due to such obstructions, the Client remains liable for the full cost of the scheduled service.

Payment and Refunds

Payment for services is due immediately upon receipt of an invoice unless otherwise specified.
There is no grace period for late payments unless arrangements have been made with the Contractor prior to the due date of the invoice.
Late payments will be subject to a $50 administrative fee. Interest will accrue at a rate of 10% per month on the total overdue balance, including the administrative fee, for up to three months, after which unpaid balances may be sent to collections.
Refunds for unperformed services may be issued at the Contractor’s discretion and may be subject to a 50% fee, or the total cost incurred by the Contractor may be billed to the Client or kept from prepaid deposits made by the Client.
The Contractor reserves the right to suspend services if the Client’s account remains unpaid past the invoice due date.
The Contractor may impose an additional reactivation fee of $50 once the account is settled.
Services will resume only after full payment, including the reactivation fee, is received.
The Contractor reserves the right to adjust their prices or apply surcharges for fuel or material cost increases at any time.
Prepaid services may be refunded at the Contractor’s discretion, less the value of admin fees and services already performed or time passed.

Liability

The Contractor is not responsible for slip-and-fall incidents occurring prior to, during and after services.
The Client acknowledges that there is normal wear and tear that happens from services which may cause surface imperfections to all surface, lawn, and organic vegetation / tree types, including but not limited to scratches, cracks, and displacement of asphalt, pavers, concrete, or other soils and aggregates.
The Contractor assumes no liability for damages to all surface types, property, or landscaping directly at and surrounding the service location. This includes, but is not limited to, damage to underground utilities, fencing, curbs, septic systems, lawns, driveways, walkways, sidewalks and subsurface or surface structures. Additionally, the Contractor is not responsible for previous existing damage or additional damage due to services requested in or on areas with previously existing wear, deterioration, or preexisting damage on any and all surfaces, structures, landscaping and drainage issues or subsurface utilities of all sorts.
Scrapes, surface stains, rubber markings, and surface wear and tear from services are considered normal wear and tear. The Contractor is not liable for any occurrences of wear and tear or associated costs to repair or remedy wear and tear from such occurrences.
The Client must report any claims of damage within 48 hours of service completion. Claims made after this period will not be considered.
The Contractor is not responsible for incomplete services if access to the service location is obstructed by road closures, government restrictions, the Client and or a third parties' personal property, vehicles, accumulated snow, ice, debris from previous events, or windrows and piles created by third parties, including but not limited to municipal snow clearing.
Prior to, during and after service The Contractor is not liable or responsible for clearing large piles or windrows of snow, aggregate or material left by or created by the Contractor, Client or third parties.
The Client acknowledges that snow, aggregates, or material relocation may create visibility obstructions for which the Contractor assumes no liability.
The Contractor is not responsible for snow accumulation, water drainage issues, flooding or any and all types of water related damage caused by services provided by the Contractor, the Client accepts full responsibility for any and all water damage or runoff that may affect their service location, neighboring properties or municipal property.
The Client acknowledges that the use of services provided by the Contractor may have an environmental impact on wildlife, vegetation, soil, and nearby water sources. The Contractor is not liable for any damages or disturbances to wildlife, vegetation, soils and water sources or any environmental impacts from services provided by the Contractor including but not limited to, potential fluid spills or contaminations caused by the use of machinery to provide services, the Client assumes full liability and costs associated with any impact immediately and indefinitely to the environment as a result of services provided by the Contractor.
The Client accepts full liability for any damages, injury or cost including cost of down time to the Contractor, employees of the Contractor, subcontractors and direct service providers and Client or third-parties which may be caused by hidden hazards, obstacles, unmarked objects not disclosed by the Client, including but not limited to lose debris from worn, eroding or cracked surfaces, cords, rocks, curbs, and underground utilities or structures buried or hidden under snow, debris, brush and tall vegetation, dirt and other aggregates.
Services apply to designated areas as specified in the Client’s estimate or invoice or agreed upon between the Contractor and Client prior to the Contractor issuing an estimate or invoice. Services do not include services for areas not explicitly stated on the Clients estimate, invoice or through other means of communication.
The Contractor reserves the right to document the condition of the Client’s service location through photographs or video recording prior to, during, and after rendering service. Any claims for damage must be supported by such documentation.
The Contractor reserves the right to document the services being provided at the Client’s service location through photographs or video recording during service.
The Contractor reserves the right to modify services at any time.
Indemnification & Legal protections
4.1 Assumption of Risk
The Client acknowledges that snow and ice removal services do not guarantee completely ice-free or slip-free conditions.
The Client assumes all responsibility for any injuries, damages, claims, or losses occurring before, during and after services have been rendered by the Contractor.

Hold Harmless

The Client agrees to hold the Contractor harmless from all claims, liabilities, lawsuits, or damages arising from:
Slips, falls, injuries, or fatalities that occur on the service location or adjacent city sidewalks cleared by the Contractor.
Claims by tenants, employees, customers, visitors, or third parties related to winter conditions.
Any fines or penalties imposed by municipalities related to snow accumulation or removal obligations.
4.3 Third-Party Indemnification
The Client agrees to indemnify and defend the Contractor against any claims, lawsuits, damages, or costs resulting from:
Incidents that occur on the serviced service location before, during and after services are provided by the Contractor.
Claims from government bodies regarding public sidewalk maintenance.
Legal fees incurred by the Contractor in defense of claims related to the Client’s obligations.

Duty to Defend

If a claim or lawsuit arises, the Client must assume the legal defense and cover all expenses. If the Client refuses to defend, the Contractor may hire legal counsel at the Client’s expense.

Subrogation Waiver

The Client waives all subrogation rights, meaning the client and their insurance provider cannot sue the Contractor for slip-and-fall, damage or all other forms of claims that may arise on the Clients service location or adjacent city sidewalks as a result of the Contractors services.
The Client must maintain adaquit insurance to cover such incidents.

Client Insurance Requirements

The Client agrees to maintain the following insurance coverage at all times during the Agreement period or per-push/call service requests:

Commercial General Liability (CGL) Insurance with a minimum coverage of $2,000,000 per occurrence to cover all damages to the serviced property. To cover bodily injury, third party property damages and claims, and liability claims by the client, employees, customers, visitors or any third parties using the Clients service location or adjacent property such as city sidewalks that the Client is considered responsible for ensuring its maintenance.
Homeowner or tenant Insurance to cover all damages to the serviced property. To cover bodily injury, third party property damages and claims, and liability claims by the client, employees, customers, visitors or any third parties using the Clients service location or adjacent property such as city sidewalks that the Client is considered responsible for ensuring its maintenance.
The Client agrees to provide proof of insurance upon request. Failure to maintain adequate coverage does not relieve the Client of their indemnification obligations under this Agreement.

Maximum Indemnification Coverage

The Client’s indemnification responsibility is capped at the higher of:

$2,000,000 CAD per claim, OR
The Client’s total commercial, homeowners or tenant insurance coverage.

Failure to Maintain Required Insurance

If the Client does not maintain the required insurance, they:

Acknowledge full financial liability for any claims, damages, injuries, fatalities or lawsuits that arise from slip-and-fall incidents or other damages, claims and liabilities.
Agree to indemnify and fully compensate the Contractor for all financial losses, legal fees, settlements, or judgments in the entirety of their costs resulting from the Client’s failure to maintain adequate insurance.
Understand that the Contractor may refuse service until proper insurance coverage is confirmed.

Disputes and governing laws

This agreement shall be governed by the laws of the Province of Saskatchewan, Canada. Any disputes arising under this Agreement shall be resolved through binding arbitration, and the Client waives the right to pursue claims through civil litigation.
The decision rendered through arbitration will be final and enforceable. Arbitration will take place in the jurisdiction of Saskatoon, Saskatchewan.
The Contractor will not be responsible for the Client’s arbitration or legal costs even in the event of arbitration or civil litigation resulting in their favor. If arbitration results in a decision in favor of the Contractor, the Client shall be responsible for all reasonable legal fees, arbitration costs, and associated expenses incurred by the Contractor.
The Contractor’s total liability arising from this Agreement shall not exceed the total amount that Contractors’ insurance is willing to cover.
In the event that insurance does not cover, the Client agrees to release the Contractor of any financial burden.
In addition to the foregoing, the total liability of the Contractor for any claims, losses, or damages arising from this Agreement shall not exceed the total amount paid by the Client for services rendered by the Contractor in the 12 months preceding the claim.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to renegotiate any invalid or unenforceable provision in good faith to maintain the original intent of this these Terms of Service
All indemnification, payment obligations, insurance requirements, and liability protections shall survive the termination or expiration of these Terms of Service, ensuring that obligations remain binding even after services have ended.

Termination of Services

Any pre-paid service agreements may be terminated by either party with 30 days written notice.
The Contractor reserves the right to terminate services immediately without cause, or if the Client fails to comply with the terms of service.
Prepaid services are nonrefundable unless explicitly stated or at the Contractors' discretion.
The Contractor reserves the right to suspend, skip or provide partial services if the Client fails to clear vehicles, debris, or other obstructions from service areas or if the Client’s account remains unpaid past the due date.
Suspended services will resume only after full payment or site clearance, and the Contractor shall not be liable for Injury, fatalities, service location damages, cost incurred by the Client, accumulation of snow and ice or service location access issues during the suspension.

Non-Exclusivity of service

The Client acknowledges that the Contractor is not the exclusive provider of services to the Client.
The Contractor reserves the right to provide services to other clients and properties at their discretion, without limitation.
The provision of services to multiple clients shall not affect the Contractor’s obligations under these terms of service.
The Client acknowledges that the Contractor is not the exclusive provider of services for the Client’s service location.
The Client may engage other service providers at their discretion. The Contractor assumes no liability for the performance, costs, quality of work, damages, injuries or fatalities because of services conducted by third-party service providers.

Media Use Consent

By engaging our services, you have the option to allow PolarPeak Plowing, a division of Eastflo Construction LTD, to take and use photographs or video of your service location or take photographs and video or live stream while on your service location for promotional purposes to be posted publicly on but not limited to our website, social media accounts, Google ads campaign, Google business page and any other advertising platforms.
Any identifying details, such as names, house numbers, street addresses, or other personal identifiers, will be removed, covered, or blurred to ensure your privacy is protected.

Please inform us in person or writing if you would like to allow us to use your before and after photos or video for advertisement purposes.

Client Acknowledgment and Agreement

The Contractor reserves the right to modify these Terms of Service at any time. Any changes will be communicated in writing to the Client via email or other formal notification methods and will become effective for future services. Continued use of the Contractor’s services after modification constitutes acceptance of the updated terms.

By accepting an estimate or quote, authorizing work to commence, or making full or partial payment of any invoice issued by PolarPeak Landscaping, the Client acknowledges they have read, understood, and agree to this Terms of Service Agreement, which apply to all current and future Client service requests and Contractor provided services for this service location.