Terms of Service

Effective Date: July 7, 2026

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern your access to and use of the services provided by Evergreen Bloom Garden Co. (“Evergreen Bloom Garden Co.,” “we,” “us,” or “our”), including any related communications, estimates, scheduling, and service arrangements. By requesting, booking, paying for, or otherwise using our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our services. These Terms apply to all clients, customers, property owners, tenants, and any authorized representatives who engage Evergreen Bloom Garden Co. for services.

2. Scope of Services

Evergreen Bloom Garden Co. provides garden and landscape-related services, which may include, without limitation:

• Garden design and planting plans
• Seasonal garden cleanups
• Lawn edging and bed maintenance
• Shrub and hedge trimming
• Mulching and soil improvement
• Perennial and annual planting
• Irrigation system checks and basic adjustments

Any services not expressly listed above are outside the scope of standard services unless separately agreed in writing. We may refuse or discontinue services if site conditions, safety concerns, legal restrictions, weather, or other circumstances make performance impractical or unsafe.

All service descriptions, timelines, and estimates are provided in good faith but are subject to change based on site conditions, plant availability, weather, seasonal considerations, and client instructions.

3. User Obligations and Responsibilities

You agree to:

• Provide accurate, complete, and current information relevant to the services requested;
• Ensure that you have the legal right, authority, or permission to authorize work on the property;
• Disclose known hazards, including underground utilities, irrigation lines, electrical systems, pest infestations, contaminated soil, unstable structures, or restricted access areas;
• Maintain safe access to the property and service areas during scheduled work;
• Secure pets, children, valuables, and fragile items before service begins;
• Obtain any required permits, approvals, strata permissions, landlord consents, or municipal authorizations unless otherwise agreed in writing;
• Follow care instructions provided by Evergreen Bloom Garden Co. after planting or maintenance work;
• Promptly notify us of any concerns, defects, or issues after service completion.

You acknowledge that gardening and landscape work may involve natural variability and risk, including plant stress, seasonal dieback, weather-related damage, and changes in soil or drainage conditions. We are not responsible for outcomes caused by factors outside our reasonable control or by failure to follow our recommendations.

4. Payment Terms and Conditions

Unless otherwise stated in a written estimate, invoice, or service agreement, the following payment terms apply:

• Prices may be quoted as fixed fees, hourly rates, or project-based estimates.
• Estimates are not final invoices unless expressly identified as such.
• Additional charges may apply for materials, disposal, travel, emergency work, overtime, difficult site access, or work outside the original scope.
• Applicable taxes, including GST/HST or other required taxes, will be added where required by law.
• Payment is due upon completion of services unless otherwise agreed in writing.
• For larger projects, deposits or progress payments may be required before work begins or continues.
• Late payments may be subject to interest at the maximum rate permitted by applicable law, as well as reasonable collection costs.

If a payment is declined, reversed, or disputed without valid cause, we may suspend services until the account is brought current. You are responsible for all bank charges, chargeback fees, and collection-related expenses incurred as a result of non-payment or wrongful dispute.

5. Cancellation and Refund Policy

You may cancel or reschedule a service by contacting us as soon as possible. Cancellation terms may vary depending on the type of service, materials ordered, and scheduling commitments.

• Appointments cancelled with sufficient notice may be rescheduled without penalty, subject to availability.
• Short-notice cancellations may be subject to a cancellation fee to cover reserved labor, travel, or materials.
• Deposits for custom work, special-order materials, or scheduled labor may be non-refundable to the extent permitted by law.
• No refunds will be issued for completed services, except where required by applicable law or where Evergreen Bloom Garden Co. determines, in its reasonable discretion, that a refund is appropriate.

Refunds, if approved, will generally be limited to the value of the specific service not performed, excluding non-recoverable costs such as purchased materials, disposal fees, and administrative expenses. Natural plant loss, weather-related damage, or results affected by improper aftercare do not automatically entitle you to a refund.

6. Liability Limitations

To the fullest extent permitted by applicable Canadian law, Evergreen Bloom Garden Co. shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of enjoyment, loss of use, or loss of data, arising out of or related to the services or these Terms.

Without limiting the foregoing, we are not responsible for:

• Damage caused by hidden defects, pre-existing conditions, or undisclosed hazards;
• Damage caused by weather, pests, disease, drought, flooding, frost, wildfire smoke, or other environmental conditions;
• Damage resulting from irrigation failures, utility issues, or third-party work;
• Plant failure due to improper watering, maintenance, soil conditions, or site conditions beyond our control;
• Losses arising from inaccurate information provided by you;
• Any act or omission of third parties, including contractors, tenants, or property managers.

To the maximum extent permitted by law, our total aggregate liability for any claim arising from or related to the services shall not exceed the amount actually paid by you to Evergreen Bloom Garden Co. for the specific service giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for gross negligence, wilful misconduct, or other non-excludable obligations under Canadian law.

7. Intellectual Property Rights

Unless otherwise agreed in writing, all designs, concepts, planting plans, estimates, written materials, photographs, drawings, and other content created by Evergreen Bloom Garden Co. remain our intellectual property or the intellectual property of our licensors, as applicable.

Upon full payment, you are granted a limited, non-exclusive, non-transferable license to use any garden design or planting plan provided to you solely for the property and purpose for which it was created. You may not reproduce, resell, distribute, or use our materials for other properties or commercial purposes without our prior written consent.

You grant Evergreen Bloom Garden Co. a non-exclusive right to use photographs of completed work for portfolio, marketing, and promotional purposes, provided that we do so in a manner consistent with applicable privacy laws and without disclosing personal information unnecessarily. If you do not wish for photographs of your property to be used, you must notify us in writing before or during service.

8. Data Protection and Privacy

Evergreen Bloom Garden Co. collects, uses, stores, and discloses personal information only as necessary to provide services, manage accounts, communicate with clients, process payments, comply with legal obligations, and improve our operations. We handle personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and any applicable provincial privacy laws.

Personal information may include your name, address, contact details, service preferences, property access instructions, billing information, and service history. We take reasonable administrative, technical, and physical safeguards to protect personal information against unauthorized access, loss, or misuse.

We may share personal information with trusted service providers, payment processors, or subcontractors only as needed to deliver services or operate our business, subject to confidentiality and privacy obligations where appropriate.

By using our services, you consent to the collection, use, and disclosure of your personal information as described in these Terms and in any applicable privacy notice we may provide. If you have questions about privacy or wish to access or correct your information, contact us using the details below.

9. Force Majeure

Evergreen Bloom Garden Co. shall not be liable for any delay, failure, or inability to perform its obligations where such delay or failure results from events beyond our reasonable control, including but not limited to severe weather, storms, flooding, fire, earthquakes, labour disruptions, supply shortages, transportation interruptions, public health emergencies, government actions, utility outages, or acts of God.

In such circumstances, we may reschedule services, modify the scope, or suspend performance without liability, provided we make reasonable efforts to notify you and resume services when practicable.

10. Changes to Terms

We may update or modify these Terms from time to time to reflect changes in our services, business practices, or legal requirements. The revised Terms will be effective when posted or otherwise communicated to you, unless a different effective date is stated.

Your continued use of our services after any change constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using our services and, where applicable, cancel any future bookings.

11. Applicable Law and Jurisdiction

These Terms and any dispute arising out of or relating to them, the services, or your use of our services 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 principles.

You agree that the courts located in Vancouver, British Columbia shall have exclusive jurisdiction over any dispute, claim, or proceeding arising from or related to these Terms or the services, except where applicable law requires otherwise.

12. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms or our services, please contact:

Evergreen Bloom Garden Co.
1258 West 4th Avenue
Vancouver, BC V6H 1S9
Canada
Email: [email protected]
Phone: +1 (604) 782-4963

13. Severability Clause

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

Any invalid or unenforceable provision shall be interpreted, to the extent possible, in a manner that best reflects the original intent of the parties and preserves the enforceability of the remaining Terms.

By engaging the services of Evergreen Bloom Garden Co., you acknowledge that you have read, understood, and agreed to these Terms of Service.