Summary
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”).
THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE, AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE. THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
By using an account on our platform, 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.
A Yard Hack Guide will create each homeowner log in, unless otherwise directed. Once a Homeowner has been given their credentials, they are responsible for updating the password to maintain account confidentiality. Yard Hack and its employees guarantee log in information will not be accessed after it has been provided to the homeowner.
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, once given credentials, 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 Solutions Inc. provides supply and installation estimates for 30 days from the stated estimate dates, subject to the following conditions. These conditions apply to any estimate given and any agreement for the supply of goods and/or work performance unless otherwise agreed in writing between the client and Yard Hack Solutions Inc.
Crew availability and expected start date: Yard Hack Solutions Inc. will confirm the expected start date once the client has agreed to the estimate and provided the necessary permits and approvals. However, unforeseen circumstances (e.g., weather, equipment breakdown) may cause a delay in the start date. The client will be informed of any changes to the expected start date.
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 accepting, signing, or paying your deposit towards 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.
It is the Customer’s responsibility to ensure they are happy with the layout and orientation of the project design. If the Customer would like to make changes before or after the scope of work has begun they are responsible for any additional costs occurred to implement design changes.
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.
If a project has been accepted and the deposit has been paid, the project has a 60-day grace period which the estimated rates will be valid for. After this 60-day period, accepted jobs will be subject to supplier rate increases unless otherwise agreed upon. If your job has been delayed due to supply chain or installer issues Yard Hack will honour the rates.
All scopes of work are subject to a three hour minimum resulting in a minimum labour charge of $525 per project. If an additional visit is required to complete EWO work the three hour minimum will be charged.
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 been made by 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.
All estimates are subject to crew availability and the expected start date. Unit and lump-sum prices are based on the assumption 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. The homeowner will be responsible for supplying water supply and hook-up. If any contaminated materials or invasive species are encountered during excavation, the removal costs will be subject to negotiation before continuing the project.
Contaminated materials or invasive species: If Yard Hack Solutions Inc. encounters contaminated materials or invasive species during excavation, the client will be notified immediately. The removal costs will be subject to negotiation before continuing the project. If the client chooses to remove the contaminated materials or invasive species themselves, they will be responsible for the proper disposal.
Each Yard Hack project has the option to either be started digitally or through a site visit. Site visits allow our design and estimating team to collect accurate measurements, site conditions, and photos. Yard Hack is not responsible or liable for any Customer property that will be moved during the site visit.
If the Customer does not want to proceed with the site visit, Yard Hack and its installers are not responsible or liable for any materials or product issues that result on site. If a site visit is not performed, Yard Hack cannot guarantee our designers will capture all requirements of the scope of work.
Our maintenance technicians work to remove all weeds and infested areas that are visible. Due to the germination period weeds and length of weeds root systems, we cannot guarantee that this will result in a clean and weed free bed. Our maintenance does not include a full removal and refresh of the ecological environment and therefore will not include the removal of any invasive seeds or taproots.
Yard Hack and its installers cannot guarantee that maintenance, weed removal or invasive removals will result in the eradication of species in question.
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 extra work not specified in the supply and installation invoices can either be estimated beforehand based off of material, equipment and labor unit rates or can be billed afterwards based on the material, equipment, and labor time incurred. For all extra work, a secondary supply and installation invoice will be provided.
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. If a machine is required onsite, we require an 8 hour minimum as rentals are per day (Ex. If a machine is required onsite for 2 hours, the homeowner will be billed for an 8 hour minimum). A deposit is required within 30 days of receiving the estimate to ensure the estimated pricing.
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.
For any questions regarding payment terms, please contact your Yard Hack Guide or info@yardhack.com.
All trees and shrub materials are final sale. Any and all dead/affected trees and shrubs are subject to a 30 day warranty period, with valid proof of dead or affected species. After 30 days, a replacement will be subject to inspection and negotiation. Upon installation of trees and shrubs, responsibility of care falls to the homeowner.
We do not offer a warranty on perennials, bulbs, ground covers, adjusted landscaping, or any plants affected by pests, infestations, or abnormal weather conditions.
How we structure your payments:
Before the project begins you will be provided a free supply and install estimate that outlines the materials, equipment and labour needed to complete your project. To ensure your project is scheduled and materials are ordered in a timely manor we follow a four step payment schedule.
Invoice disputes must be reported immediately by email to the accounts@yardhack.com within 30-days from receiving the invoice. If a portion of the invoice is being disputed, the remainder of the invoice is expected to be paid in full while the dispute is being negotiated.
Acceptance of the Estimate involves acceptance of these terms in conditions of the contract documents, and this represents a binding contract between the parties. If the Customer want to cancel the project, the Customer must pay the cancellation fee and any loss or expenses incurred as a result of the discretion of the Installer.
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.
By accepting the Terms of Service, the Customer grants us permission to use their User Content and Personal Information for the limited purposes of creating and completing their project. For more information about how we manage your information, please refer to our Privacy Policy at www.yardhack.com/privacy-policy.
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.
Whether you know what you’re looking to get done or you need help from the start, our Yard Hack Guides can support you along the way. Create your account now.
