UPON COMMENCEMENT OF THIS SERVICE AGREEMENT, YARDLY (THE CONTRACTOR) AND THE CUSTOMER (THE CLIENT) AGREES AS FOLLOWS:
Even though we take every measure to ensure your satisfaction in the initial service visit, if you find any deficiencies, please contact Yardly within twenty-four (24) hours of service completion. If you are unsatisfied with our service, our Provider will return to address the concern free of charge, based on the defined service scope and standard. If deficiencies are brought to our attention beyond twenty-four (24) hours of the service completion, we will address the issue in the following visit.
1. SCOPE: Yardly will perform a service as described in your quote. Yardly agrees to perform your service in relation to an unlimited number of snowfalls. Included in the work, Yardly shall automatically apply ice control product to the property after each clearing visit to all freshly cleared areas.
Note: Please note that our services are delivered using a combination of snow blowers, plastic snow shovels and snowplows. Snow hauling is not included in our service.
2. SERVICE TIMING: For snowfalls with a total accumulation of between 1 – 10 centimeters , Yardly shall commence completion of the work within twelve(24) hours following the end of the snowfall. In the unlikely event that accumulation of 10 cm or more of snow occurs during any single snowfall, Yardly shall perform the work as quickly as possible. However, during heavy snow events (greater than approximately 10 cm) Yardly may choose to postpone detailed work on your property to give immediate access to all of our customers in a region as quickly as possible.
Following a twelve (12) hour rest period, Yardly’s Pros may then return for a second visit to service any details postponed on the first visit, as needed. First visits are typically completed within ten (10) to eighteen (18) hours, or more during heavy snow events, depending on conditions. In case of such an event, Yardly will monitor widespread weather conditions and to perform the work as quickly and safely as possible.
3. EVENT DEFINITION: For the purposes of this Agreement, a snow event officially begins when a minimum of 1.0 centimeter of snow has accumulated on your property. The event ends only when the continuous accumulation of snow on your property has ceased for a period of three (3) hours.
A nuisance event, which differs from a snow event, includes any widespread occurrence of the following weather conditions: sleet, freezing rain, flash freezing, or any combination thereof. Where you and Yardly cannot agree as to whether a snowfall or nuisance event has occurred in any particular circumstance, the records, warnings, and forecasts of Environment Canada for the location nearest the property will be used to determine the definition of the event.
4. ICE MANAGEMENT: Yardly and its representatives cannot be held responsible for injury or death as a result of the premises being icy and slippery. Please note that it is impossible for us to monitor your property between storms, and we cannot be responsible for ice accumulation or slip and fall incidents on your property. De-icing products are particularly important for clearing porous, bumpy and sloped surfaces and reducing ice build-up.
Ice melt products used by Yardly will be applied within 0 ℃ to – 25℃ as needed during Snow Removal visits. Ice melt shall not be applied below the prescribed temperatures as the chemical will be ineffective and may cause equipment and property damage due to excessive use.
If a downspout’s drainage leads to the driveway, you must redirect the downspout to other areas in the yard to avoid excessive ice build-up in the service area. Otherwise, ice removal in these areas will be charged hourly to compensate for the time taken by our Pros . Yardly and its Pros will not lift, remove, or reroute any downspout that obstructs the service due to liability reasons. Thus, our team shall work around the area as needed.
5. ICE BUILD-UP: Ice build-up forms as a result of freezing rain or snow, drainage issues, compaction or the thaw/freeze cycle. When ice accumulates, our snow removal equipment (snow shovels, snow blowers and plows) is unable to break it up. Ice melter is our best defense against ice build-up and our Pros will be applying ice melt during each service visit to your property.. If you need ice broken up, it is an extra billable service at 75$/hour for a minimum billable time of one hour. Please contact Yardly if you are looking for this additional help.
Water pooling will freeze, thaw and refreeze depending on temperature fluctuations. It’s normally caused by some of the reasons such as the area of sidewalk/driveway being lower than the adjacent areas, the road drainages being blocked or Windrows on the road. If all snow has been cleared and piled properly, the pooling is caused by the reasons listed above and the water volume is minimal (1-2mm), Yardly will do their best to clear the accumulated water. If the depth of water is greater than 3mm it is beyond Yardly’s control. This is not covered under Yardly’s Snow Removal service.If the pooling is caused by improper piling of snow (i.e. not clearing snow all the way to the edges), Yardly will be responsible for clearing the water. The client must inform Yardly at [email protected] as soon as the accumulation is noted.
6. SNOW PLACEMENT & PILES: Cleared snow will be placed on your property in a safe and efficient manner,at the discretion of our Pros . Following heavy accumulations of snow, space can become limited, and it is understood that snow piles can interfere with your listed service areas, or otherwise interfere with access or parking on your property. Given the challenges of winter, Yardly does its best to clear the area that you wish to be serviced and cannot commit to honoring client requests regarding different locations or placement of snow. Snow disposal is not included in this Agreement.
7. UNSAFE CONDITIONS: Notwithstanding any of Yardly’s obligations as per these Terms and Conditions, the client must at all times monitor for and notify Yardly of localized adverse, unsafe, dangerous, impassable, slippery, or icy conditions arising at the property. The client agrees not to hold Yardly or its Pros legally liable for and against any damages, claims or losses arising out of the client’s failure to monitor the conditions of the premises or failure to alert Yardly of the need for extra service in a timely manner.
Yardly reserves the right to delay services (without penalty) and the client understands that neither Yardly nor its representatives can be held responsible for delays or damages as a result of natural or manmade disasters, severe or unserviceable weather conditions, health risks, or any other influences beyond our immediate control. Service may not be provided during driving bans.
8. VEHICLES AND OTHER OBSTRUCTIONS: It is the client’s responsibility to remove vehicle(s) and other obstructions from the driveway as soon as possible following a snowfall event. Yardly requires full access to your driveway to provide the best service possible. If the client fails to remove vehicles or obstructions, snow will be left untouched up to 1 meter around the vehicle or obstruction to avoid damage. If the client later requests supplementary snow removal as a result, additional charges will apply at $75/hour with a minimum billable time of one (1) hour. If you fail to remove vehicles or obstructions in a manner that prevents service from being completed, you agree that you are responsible for full payment of the service as if it was delivered and that Yardly cannot be held legally liable for any fines incurred by the client due to the snow not being cleared from the property.
9. CLIENT RESPONSIBILITIES: You are responsible for allowing our Pros access to the property on the scheduled service day. If access to the property is impeded due to locked gates, obstructing vehicles, construction on-site, electrical cords, or other obstacles (outdoor decor, toys, and tools), Yardly’s service team may need to delay the services. If the client has any power/extension cords plugged into their vehicles, they must be removed during snow events to avoid accidents. If the situation does not allow the cable to be unplugged, it must be highlighted and recognizable to our Pro. Yardly shall not be liable for damages if the customer fails to do this.
For the safety of Yardly’s teams, properties with obstacles will be skipped or only partially serviced at the discretion of Yardly’s crew. There is no refund for visits skipped as a result of obstructions. The clients are responsible for removing these items before the Yardly team arrives.
10. WINDROWS: A windrow is snow that is left at the end of the driveway after a city plow has cleared the road. We will clear the windrow if the city plow has passed through before our visit. Our crews are usually able to clear windrows during our second pass on heavy snow events, but typically do not do return visits for windrows on regular snow events or after the second visit following a heavy snow event (e.g. we do not return for a third visit after a single heavy snow event).
Note: If after a regular snow event, a windrow has been left by the city when we have already serviced your property, we can return to clear it if it gets reported to us within 12 hours of our servicing your property for snow removal.
11. PACKED SNOW: Packed snow surcharges may apply to the first visit if the area was not maintained prior to Yardly servicing the client’s property. This will be billed at a rate of $75 per hour with a minimum billable time of one (1) hour.
12. SNOW DRIFTS: Snow drifts are accumulations on the already cleared service areas that result from the wind blowing the piled snow back onto the service areas, rather than a fresh snowfall. Our snow removal services do not include the clearing or monitoring of any snow drifts on the premises.
13. LOUD NOISE: We do our best to limit noise overnight – on light snowfalls, our Pros limit their use of plows and snow blowers within reason. However, on heavier snowfalls, we require the assistance of powered equipment to do our work that has the potential to disturb you or your neighbors during our visits at any time of day or night.
14. STAFF SAFETY: Our Pros have the right to refuse any work they consider unsafe which includes icy conditions, verbal or physical aggression from anyone on your property, or any other unsafe condition. Our crews are doing their best under often difficult circumstances – if you or your neighbors have any concerns about the work being done, we encourage you to speak to the office to avoid any misunderstandings.
15. DAMAGE: While Yardly commits to taking extreme diligence and precautions to preserve and protect your property, you agree that Yardly shall not legally be held liable for damages caused by any of the following: general debris, loose paving materials, gravel or ice being struck, lifted, and displaced by snow removal equipment. Protrusions or any object hidden by snow accumulation being struck by snow removal equipment including, but not limited to: raised beds, plant material, interlock pavers, curbing, fencing, fixtures, lawn ornaments, retaining walls, extension cord, etc. Any damage from snow clearing equipment coming in contact with interlock, flagstone, cobblestone or any other type of alternative paving surface.
16. LIABILITY: Yardly shall have total control of the work and shall provide all the labor, equipment and services necessary for its performance in accordance with this Agreement. Yardly shall comply with all laws, rules, regulations and building and fire codes that relate to the work and shall obtain any permits or licenses necessary for the lawful performance of the work. Yardly will also be responsible for, and shall restore at its expense, physical property damage caused by Yardly in the performance of the work in which damage was caused due to the work being performed such as, but is not limited to, damage to concrete, asphalt, speed bumps, brick, tile, wood, metal, sod, grass and plant materials due to the application of ice control products, damage to curbs, concrete asphalt, brick, tile, walls, fences, posts, signs, grass, plants, etc. due to the clearing of snow and ice, and damage to any object which overhangs, abuts, adjoins, or is placed in, on, or, over any clearing areas, including damage to walls, overhangs, fences, curbs, speed bumps, windows, utility meters, exhaust vents and pipes, sprinklers, eaves troughs, rails, vehicles, etc.
The client expressly waives the right to claim against for, or be indemnified by Yardly from and against, any and all loss, cost, expense, damage, liability, claims, judgements, attorney’s fees and costs, of every kind and nature arising out of the performance of this Agreement and further agrees to indemnify and hold harmless Yardly, its agents and employees from and against any claim for physical property damage which is not caused by the sole negligence of Yardly.
Furthermore, the client agrees to indemnify and hold Yardly harmless from and against any and all loss, cost, expense, damage, liability, claims, judgements, attorney’s fees and costs, of every kind and nature, whether groundless or not, arising out of bodily injury, sickness or disease (including death resulting at any time therefrom) which may be sustained or claimed by any person or persons, or the damage or destruction of any property, including the loss of use thereof, based on any act or omission, negligent or otherwise, of Yardly, its agents, employees, or anyone acting on its behalf in connection with or incident to this Agreement. The client expressly acknowledges that they have physical possession of, are responsible for, and control over the condition and maintenance of the property throughout the entire duration of this Agreement.
If signed by a corporate officer, partner, or fiduciary on behalf of a corporation, the signing party has certified that they have the authority to legally bind the corporation and that they are authorized to endorse this Agreement.
17. EXTRA SERVICE REQUESTS: If a serviceable event (snowfall or nuisance event) occurs on dates outside of Yardly’s winter service months our Pros shall not be responsible to provide any service unless directly requested to do so by you. If you are looking for this additional service, we will need your request in writing, at least twelve (12) hours in advance. In such cases, additional service requests if you request any additional service, will be billed at a rate of $75 per hour with a minimum billable time of one (1) hour. Yardly cannot provide guaranteed timing when performing any extra service requests and shall provide any such service on a first-come, first-served basis We reserve the right to refuse any extra service requests which were not originally included in the agreed-upon Snow Removal service pricing.
18. RETURN SERVICE CALLS: If upon inspection of the property within twenty-four (24) hours of service, you deem any portion of the work to be incomplete or inadequate, Yardly shall return to the property within twenty-four (24) hours of notice, or as soon as possible based on weather conditions, and complete the work free of charge. However, upon arriving at and inspecting the property the crew deems the work complete, any outstanding concerns will be addressed at the next service visit.
19. PAYMENT AND SCHEDULE TERMS: Monthly billing is performed with a credit card on file, with automatic withdrawals on the first day of each month as per the quote cited in advance of the services.
20. CANCELING SERVICES: There is no long-term commitment. This Agreement may be terminated by either party by giving thirty (30) days notice to the other citing the reasons for the termination The client must notify Yardly of cancellation in writing to [email protected]. Cancellation for the current month will not incur any pro-rated refund. Your deposit for April is non-refundable, and is forfeited if you cancel your services. For customers on the seasonal/annual payment, if the service is canceled before the end of the season, any applied discounts will be deducted from any refunds issued. You are responsible for all charges up until that date, per our payment schedule and any purchased de-icing products.
LAST UPDATE: September 11, 2024