Thank you for choosing Bloom Culture for your gardening and maintenance needs. Please read the Terms of Service carefully, as it sets out the rights and obligations as related to the provision of our Services.

By accepting the quotation, paying any required deposits, and/or allowing the service work to commence, the client is deemed to agree to and accept all the terms and conditions as listed below, regardless of reading them in entirety.

1. SCOPE OF WORK

1.1 Bloom Culture shall provide all labor, equipment, and materials needed to complete the work as specified within the quotation.

1.2 The work as detailed shall be carried out to the professional standard a reasonable person can expect.

1.3 Concern with any workmanship or service provided by Bloom Culture must be reported within 48hrs of project completion. Bloom Culture is not responsible for any omission of services or materials that is NOT contained within the quotation.

1.4 Bloom Culture will not be held liable for any service delays that result from inclement weather and/or unsafe working conditions.

1.5 It is the Customer’s responsibility to ensure that they understand the scope of work as contained within the quotation prior to the work being completed.

2. QUOTATIONS

2.1 Quotations are valid for 15 days only and may be subject to alteration after that date.

2.2 The quotation is a best estimate of price at the time of submission considering existing site conditions and layout at the time of viewing.

2.3 Acceptance of the quotation signifies acceptance of this Service Agreement and represents a binding contract between the parties. The parties agree that this Agreement may be executed in counterpart and electronically by means of Email Acceptance.

2.4 Only the work described within the quotation is included; the supply of any other materials or labour costs to carry out works other than stated within the quotation is excluded.

2.5 In the event that unforeseen obstacles occur (such as hidden weed barriers/tree roots/hard rock/heavy clay, etc.), Bloom Culture will charge the customer an additional fee to cover any labor or disposal costs required to overcome these obstacles. Bloom Culture has the authority to proceed while onsite and without notice to customer for additional services valued up to $350.00. For costs beyond $350.00, the contract will be renegotiated before any work continues.

3. DEPOSITS

3.1 Projects with a value greater than $2000.00 may require a 25% deposit prior to commencement - dependent on materials required for purchase.

3.2 Deposits shall be forfeited for any cancellations outside of the required five (5) business days notice. The Customer will be entitled to purchased materials covered by said deposit.

3.3 When a contract is cancelled and deposit to be refunded, Bloom Culture has up to (14) days to refund the customer.

4. PAYMENT

4.1 The Customer agrees to pay Bloom Culture in the amounts and at the times specified within the quotation.

4.2 Payment will be accepted in the form of cheque, credit card, cash, or email transfer.

4.3 Should payment for the Services be delayed in any way beyond the timelines set forth herein,

including but not limited to delay due to credit card refusal or processing, interest will accrue at a rate of 2% per month (24% per annum) from the date payment is due until the date that full payment is received.

4.4 A $75.00 fee will be charged on all returned cheques.

4.4 In the event it is necessary to institute legal recovery of the outstanding sum, the Customer will be liable to pay Bloom Culture’s legal fees in full.

5. SITE

5.1 It is the Customer’s responsibility to ensure that the work site is free from obvious hazards and that all sprinkler heads, landscape lighting, underground utility lines in the area have been clearly marked.

5.2 Any subterranean finds such as, but not limited to, sprinkler heads, landscape lighting, utility lines, if not marked and damage occurs, will be the responsibility of and repaired at the expense of the Customer.

5.3 The Customer is responsible for removing all dog feces from the property on the scheduled start date. If Bloom Culture must complete this task, the customer will be charged a fee of $50.00.

5.4 The Customer commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract. Any delays may result in additional charges.

5.5 Access to water and electricity services will be provided by the Customer at no cost to Bloom Culture. Bloom Culture is responsible for using the Customer’s water judiciously.

5.7 Bloom Culture is responsible for leaving the Customer’s yard tidy if the project persists more than one working day.

5.8 Bloom Culture agrees to perform a thorough job site cleaning of the customer’s property once the project has been completed. Bloom Culture is not responsible for pre-existing yard mess unless agreed upon or included within the estimate.

6. MATERIALS

6.1 Bloom Culture sources plants, trees, and shrubs from reputable, high-quality suppliers. Trees and shrubs (excluding perennials) are covered by a one-year supplier guarantee, provided proper planting and maintenance techniques have been followed. This guarantee is based on the purchase date, not the planting date.

6.2 Bloom Culture will replace trees or shrubs that become unhealthy or die within one year of purchase, provided they were planted by Bloom Culture and have been properly cared for.

6.3 The guarantee does not cover trees or shrubs that have been damaged due to:

• Animals

• Physical impact

• Extreme weather such as hail, floods, drought, or salt exposure

• Acts of nature

• Drying out due to lack of watering
  Additionally, Bloom Culture does not guarantee plant material if a mandatory water restriction lasting longer than seven (7) days is in place.

6.4 Once materials are delivered to the site, they become the client’s responsibility. Bloom Culture is not liable for any loss, damage, or expenses related to the materials after delivery. If plants are not planted immediately, Bloom Culture will place them in an agreed location within the client’s garden. At that point, responsibility for any loss or theft of these plants rests with the client.

6.5 Bloom Culture ensures all plant materials are healthy, of good quality, and free of pests and disease at the time of purchase.

6.6 Natural variations in color and texture may occur in plant materials and may differ slightly from photo samples. Minor substitutions or design adjustments may be made at Bloom Culture’s discretion to account for product health or availability.

6.7 If the Customer did not request a visual planting plan as part of their quotation and is dissatisfied with Bloom Culture’s plant placement, adjustments can be made at the Customer’s request at a rate of $95.00 per hour.

6.8 If the Customer requests changes to the planted materials after they have been delivered or installed, the Customer will be responsible for all additional costs associated with those changes.

7. MAINTENANCE

7.1 All watering of plants, trees, shrubs and turf becomes the responsibility of the Customer once the project has been completed.

7.2 Bloom Culture accepts no responsibility for any horticultural defects other than plants, trees and shrubs failing to break out into leaf unless a formal maintenance contract is entered.

8. GENERAL

8.1 Any date or dates included in our estimate or quotation are estimated dates and Bloom Culture shall not be in breach of this agreement for failing to start or finish by any date given.

8.2 Any accidental or malicious damage caused by the client, their children or any third party during the construction or maintenance, may incur an additional repair charge.

8.3 Bloom Culture reserves the right to use any drawings, photographs or plans produced by us for any future publications or displays whilst ensuring the anonymity of the client.