Together with its affiliates, Yard Hack Solutions Inc. (“Yard Hack”), a New Rhodes Tech corporation, makes available the “Site” (websites including, without limitation, www.yardhack.com and all subdomains), “Software” (related to www.yardhack.com), and “Services” (including, without limitation, 3D landscape designs, supply and installation cost estimates, consultation, landscaping, construction, delivery, maintenance services, and material supply) to educate people through informational and convenient landscaping. Access to and use of Yard Hack’s existing Site, Software, and Services, as well as any future Sites, Software or Services provided by Yard Hack, are governed by this Terms of Service agreement (“Agreement”).
By completing the registration process for any given Services, you (the “Customer”) agree to use and pay for the approved Services, subject to the terms and conditions of this Agreement. The Customer agrees to provide Yard Hack with accurate and complete registration information and promptly notify Yard Hack in the event of any changes to any such information.
The Customer shall be solely responsible for the security and proper use of all usernames, passwords or other security devices used in connection with the Site and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. The Customer shall immediately inform Yard Hack if there is any reason to believe that a username, password or any other security device issued by Yard Hack has or is likely to become known to someone not authorized to use it.
Yard Hack reserves the right, at its sole discretion, to request that the Customer changes their password(s) in connection with the Services, and shall promptly comply with any such request. The Customer is solely responsible for all activity in connection with access to the Site and/or Services through their account or using their password, and for the security of their computer systems. In no event shall Yard Hack be liable for any loss or damages relating to such activity.
Yard Hack and its affiliates shall carry out and complete landscaping and construction work as described in the Estimate documents in a good and professional manner. They shall have no obligation to execute any further work unless agreed in writing between the parties. If there are any changes to the quantities of materials, the price estimated may be subject to change to compensate for the difference.
By agreeing and signing the supply and/or installation Estimates, The Customer agrees to pay for the Products and Services rendered by Yard Hack. If there is any discrepancy between any estimate specification and any 3D landscape design, the description contained in the estimate shall prevail over the 3D landscape drawing.
All materials, equipment, and labour for the construction of any landscape project will be outlined in the estimates and site plans provided. The attached Estimates are valid for 30 days from the stated Estimate date and subject to the following conditions. Unless otherwise agreed in writing between both parties, these conditions apply to any Estimate given and any agreement for the supply of goods and/or work performance.
The Customer needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regard to the Services unless a request has by made to Yard Hack to carry this out on the Customer’s behalf.
The Customer shall indemnify Yard Hack against any claim/proceedings/loss or expense resulting from the Customer failing to gain permissions/give notices/pay fees required in whole or in part. Yard Hack will agree with the Customer, where appropriate, permissions that they will seek on behalf of the Customer.
Each job requires different levels of material removals in order to ensure a structural or adequate sub-base to begin the project. The scope of removals may differ due to the amount of soil levels, current infrastructure, or invasive species. Removal rates and pricing may be subject to change depending on the difference in the scope of removals.
Services are subject to crew availability and a mutually accepted start date. Unit and lump-sum prices assume that the site will be clear of debris and in the condition that will not inhibit access or cause delays to our crews, subcontractors, or suppliers.
Removals and demolition materials must be clean and approved by the disposal site. Extra costs will be charged if materials are contaminated or are considered hazardous waste. If contaminated or hazardous materials are found, a new Estimate will be provided for disposals before site removal.
All services listed below are excluded unless otherwise stated:
1. As-built surveys, other surveying, and layouts
2. Traffic control
3. All permits and city inspections
4. Engineering and geotechnical services
Any additional Services not specified in the Estimate required to perform and complete our work can be charged by either time and materials or an estimate can be provided. All additional work requested must be approved by the Yard Hack Guide assigned to the project before the start of work.
The prices quoted are valid for 30 days after the stated estimated date. Specific manufactured materials quotations (Ex. Lumber, PVC, brick, pavers, plant materials, etc.) are subject to change if market prices increase above 5%. A price-change notice will be sent to the Customer.
All returns of materials are subject to a restocking charge in the amount of up to 15% of the gross sales price of the total product cost. Any and all bulk materials purchased are non-refundable.
All trees and shrub materials are final sale. All dead/affected trees and shrubs are subject to a 30-day warranty period, with valid proof of dead or affected species. After the 30-days, a replacement will be subject to inspection and negotiation between Yard Hack and the Customer.
Upon installation of trees and shrubs, responsibility of care falls to the Customer. Yard Hack does not offer a warranty on perennials, bulbs, ground covers, adjusted landscaping, or any plants affected by pests, infestations, or abnormal weather.
Damages due to negligence or unsafe work procedures must be communicated to Yard Hack immediately in a timely matter in order to rectify the situation. Standard wear and tear are not covered by Yard Hack’s warranty and is up to the Customer to organize repairs.
The Customer’s use of the Services and/or Software are contingent upon their payment of all applicable fees described on the Site or Software (including the 10% supply deposit and invoices). Upon approving Services, the Customer will be required to designate a valid payment method to pay for the 10% deposit required to purchase and book the project.
The Customer hereby authorizes Yard Hack to charge their designated account all amounts relating to the Services the Customer approves and books. The Customer agrees to pay all such deposits and invoices in accordance with the applicable payment method terms and conditions.
Acceptance of the Estimate involves acceptance of these terms in conditions of the contract documents, and this represents a binding contract between the parties. It should be noted by the Customer that any attempt to cancel by the client will involve the client being liable to the cancellation fee and any loss or expenses incurred as a result at the discretion of the contractor.
This Agreement shall continue until the Customer cancels the work being completed or until terminated by Yard Hack. The Customer may cancel any work being conducted at any time. If the Customer cancels their project, they may be subject to paying for the materials and labour that has been conducted up until the cancellation.
Yard Hack may deny the Customer access to all or any part of the Services or terminate their account with or without prior notice if they engage in any conduct or activities that Yard Hack determines, in its sole discretion, violates this Agreement or the rights of Yard Hack or any third party, or is otherwise inappropriate without limitation.
“User Content” refers to the text, photos, documents, and other content of the information the Customer enters, uploads, and transmits when they use our Site, Software and Services. The Customer owns the intellectual property rights in their User Content. As a result, we need the Customer’s permission to use their User Content to provide our Site, Software, and Services. “User In formation” refers to the Customer’s username, password, address, and contact information.
The permission the Customer gives us is for the above purposes. We will not sell or license the Customer’s User Content to third-party data brokers. The license they give us allows us to, solely for the purposes outlined above, use, publish and publicly display to the Customer, modify, and permit (this is called a sublicense) our service providers to process their User Content solely for the purpose of helping us provide the Yard Hack Site, Software and Services.
Yard Hack reserves the right at any time to (i) change any information, specifications, features or functions of the Site, Services or Software, impose limits on certain features and Services or restrict access to parts or all of the Services, with or without prior notice and without any liability to the Customer or any third party.
Yard Hack will use its commercially reasonable efforts to notify changes to the Services and/or Software that, in Yard Hack’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services to which the Customer has agreed too.
Yard Hack may from time-to-time update or revise this Agreement. If Yard Hack updates or revises this Agreement, Yard Hack may notify the Customer either by email to their most recently provided email address, by posting the updated or revised Terms of Service and End User License Agreement on the Site or by any other manner chosen by Yard Hack in its commercially reasonable discretion. The Customer’s use of the Site, Services or Software following any such update or revision constitutes their Agreement to be bound by and comply with this Agreement as updated or revised.
The Customer can view the most current Terms of Service and End User License Agreement. It is the Customer’s responsibility to review the Terms of Service and End User License Agreement periodically.
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