Terms of Service
Effective: January 1, 2025 · Last Updated: June 1, 2025 · Jurisdiction: Ontario, Canada
1. Agreement
By accessing our website or using our Services, you ("Customer", "you") agree to these Terms of Service ("Terms") with Shinobi Alliance Inc. ("Shinobi Landscaping", "we", "us"). If you do not agree, do not use our Services. These Terms constitute a binding legal agreement.
2. Services
Shinobi Landscaping provides professional landscaping and property maintenance services for residential and commercial properties in the Greater Toronto Area and surrounding municipalities ("Service Area"). Services are subject to availability, weather conditions, and our operational capacity.
- Services are confirmed only after a staff member reviews and accepts your quote.
- Service scope is defined in your accepted Quote Skillcard (the "Contract").
- We reserve the right to modify service availability due to weather, equipment, or safety concerns.
3. Quotes and Contract Formation
A contract is formed when: (a) you submit a signed quote via our platform, (b) our team reviews and accepts it, and (c) you receive email or SMS confirmation of acceptance. Quotes not accepted by our team within 30 days of submission expire automatically. Pricing is locked at acceptance and may not be changed retroactively.
Your electronic signature (typed name) on the quote constitutes a valid digital signature under Ontario's Electronic Commerce Act, 2000.
4. Payment Terms
- Card on file: By submitting a quote, you authorize us to store your card details via Square and charge it upon contract acceptance.
- Monthly plan: Payments are charged on your selected billing date (1st, 15th, or last day of month) each month for the contract duration. First payment is charged upon staff acceptance.
- Full payment: A single payment is charged at contract acceptance, with a 5% discount applied.
- Failed payments: If a payment fails, your account is suspended after 3 days notice. We will attempt to contact you before suspending service.
- Currency: All amounts are in Canadian Dollars (CAD) and include applicable HST where required.
5. Cancellation Policy
- You may cancel before your first charge with no fee.
- After the first charge, cancellations require 48 hours written notice. No partial refunds for in-progress billing periods.
- We may terminate your contract immediately for non-payment, abusive conduct toward staff, or unsafe property conditions.
- Upon termination, your portal access continues until the end of the paid period.
6. Service Standards and Liability
We perform services using professional equipment and trained staff. While we take reasonable care, we are not liable for:
- Pre-existing damage to your property or landscaping features not identified before service commencement.
- Delays or cancellations caused by severe weather, equipment failure, or force majeure events.
- Damage resulting from unmarked underground infrastructure, irrigation systems, or obstacles not disclosed by the Customer.
- Indirect, consequential, or punitive damages of any kind.
Our maximum liability for any claim arising from a single service visit is limited to the amount paid for that visit.
7. Customer Responsibilities
- Ensure safe access to the service area (clear pathways, gate codes, etc.).
- Mark underground utilities, irrigation heads, and any fragile items before service begins.
- Secure pets during service visits.
- Provide accurate property information during the quote process.
8. Intellectual Property
All content on our website (text, images, logos, code) is the property of Shinobi Alliance Inc. or its licensors. You may not reproduce, modify, or distribute any content without our prior written consent.
9. Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
10. Dispute Resolution
We encourage you to contact us first to resolve any dispute. If informal resolution fails, disputes shall be submitted to binding arbitration in Ontario, Canada, under the Arbitration Act, 1991 (Ontario), except that either party may seek injunctive relief in a court of competent jurisdiction. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein.
11. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes via email at least 14 days before they take effect. Your continued use of our Services after that date constitutes acceptance of the updated Terms.
12. Contact
For legal inquiries:
Shinobi Alliance Inc.
Email: legal@shinobilandscaping.ca