Terms and Conditions

1. Services and Work Provided

The Client hereby agrees to engage EnviroSculpt to provide the services and work outlined in your invoice.

2. Term of Agreement  

The term of this agreement (the “Term”) will commence on the date this Agreement is signed and will remain in full force and effect until the completion of the services and work as outlined in your invoice or unless services and work are terminated as provided for in this Agreement.

The Term of this Agreement may be extended with the written consent of both Parties.

 3.      Performance

The Parties agree to do everything necessary to ensure that the terms of the Agreement are fulfilled.

 4.      Payment Structure

All payments will only be accepted in Canadian Dollars CAD. Accepted payments are: Cash, Electronic transfer to mpriest@envirosculpt.ca password being: ‘envirosculpt’ and/or cheque made out to Envirosculpt.

· To secure the following years spot we require a $200.00 refundable deposit. Or if the project total surpasses $5000.00 we require a 10% down payment.

· Before the project start date, we require a 50% deposit payable before the scheduled start date.

· Custom Payment schedule: Will be noted in your invoice.

5.     Penalties for Late Payment

Late payments will trigger a fee of 3% per month on the account balance still owning. As per the Criminal Code, late Payments will not be compounded.

 6.     Termination of the agreement

In the event that this Agreement is terminated in writing by either party prior to completion of the services and work but where the services and work have been partially performed, EnviroSculpt will be entitled to payment for services and work completed to date. Envirosculpt can terminate this Agreement for late payment. Client can terminate for any reason they deem fit. Terminations must be made in writing and signed by both parties.

7.  Notice of Existing Structures, Hazards, and Previous Work

The Client shall notify EnviroSculpt of all or any special conditions that can affect or relate to the services and work, which EnviroSculpt has noted in the quotation. EnviroSculpt shall not be responsible for any special conditions not noted in the quotation. If such special conditions arise, Envirosculpt shall be entitled to require a change order to the services and work to be provided with an agreed upon surcharge.

EnviroSculpt shall not be responsible for any damages to underground hazards, obstructions or services and work not made known to us by the Client in writing prior to commencement of the services and work. It is the responsibility of the Client to ensure that EnviroSculpt is made aware of and the Client has obtained any special, statutory bylaws, permits required, conditions, permissions that may be involved in the requested services and work.

EnviroSculpt does not accept any responsibility for services and work that has been carried out on land that is not under the ownership of the Client. The Client shall ensure compliance with all planning, zoning and building laws, by-laws or regulations before commencement of any services and work.

8.  Completion of Services and Work

EnviroSculpt is not responsible for any damages from the elements, including drought, winds, rain and frost to any material(s), including plants. Upon completion of the services and work the responsibility for the care of all materials, plants, lawns, etc., is the responsibility of the client.

9.  Confidentially

Confidential information refers to any data or information relating to the client, whether business or personal, which would reasonably be considered to be private or proprietary to the client and that is not generally known and where the release of that confidential information could reasonably be expected to cause harm to the client.

EnviroSculpt agrees that they will not disclose, divulge, reveal, report, or use, for any purpose, any confidential information which EnviroSculpt has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this agreement and will survive indefinitely.

10.  Ownership of Intellectual Property

All intellectual property and related material that is developed or produced under this agreement, will be the sole property of EnviroSculpt.   The use of the intellectual property by the Client and/or Envirosculpt will not be restricted in any manner; however, both the Client and EnviroSculpt must agree on the disclosure of any intellectual property.

11.  Capacity/Independent Contractor

In providing the services and work under this agreement it is expressly agreed that EnviroSculpt is acting as an independent contractor.   EnviroSculpt and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for services and work.

12.  Modification of Agreement

Any amendment or modification to this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each Party.

 13.  Force Majeure and Time of the Essence

Severe weather conditions may cause the delay of the start date of the contract. Delays incurred due to performance of other companies on site may cause services and work to be rescheduled.

Subject to the foregoing, time is of the essence in the Agreement.  No extension or variation of this Agreement will operate as a waiver of this provision.

14.  Assignment

EnviroSculpt will not assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

15.  Entire Agreement

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

16.  Governing Law & Ontario Consumer Protection Act

This Agreement will be governed in accordance with the laws of the Province of Ontario. Consumer rights as outlines in the Ontario Protection Act, can be found online at https://www.ontario.ca/page/your-rights-under-consumer-protection-act 

17.  Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.