Terms of service

SnowX

Seasonal Service Package Contract

Definitions

In this Agreement:

“Contractor” means SnowX;

“Customer(s)” means the parties to whom the Contractor has agreed to provide snow clearing services;

“Serviced Area” means the Customer(s) driveway or any other area located at the Subject Property for which Snow Clearing Services have been agreed to be provided.

“Snow Clearing Services” means the removal of snow from the Serviced Area to a permissible nearby area including the Customer(s) lawn.

“Subject Property” means the lands owned or occupied by the Customer(s) for which the Contractor has agreed to provide Snow Clearing Services.

“Term” means the period commencing on November 1st (or purchase date of service package) and ending April 15th or upon the completion of twenty snow removal services.

Subject Property

The Customer(s) represent they are the owner(s) of the Subject Property. If the Customer(s) are not the owner(s), the Customer(s) represent they have the authority to contract on behalf of the owner(s).

The Customer(s) hereby grant the Contractor permission to attend upon the Subject Property during the Term for the purpose of providing Snow Clearing Services.

Time of Service

The Contractor shall provide Snow Clearing Services following the accumulation of approximately one and a half inches (1.5”) of snow fall; regardless of forecasted temperatures. Any snowfall less than one and a half inches (1.5”) is the responsibility of the homeowner.

The timing of Snow Clearing Service visits will vary depending on the nature of each snow fall.

If the forecast is calling for one and a half to three inches (1.5”-3”) of snow the Contractor may wait to dispatch operators until the snow has finished falling. There will be no overnight Snow Clearing Services for snowfall less than three inches(3”).

Markers

The Contractor is permitted to and will install two border markers on the street side of the Customer(s) driveway prior to the commencement of the Term.

The Customer(s) shall be responsible for the cost and installation of any additional border markers requested to be placed around immovable objects (retaining walls, steps, stairs, wheelchair ramps) which may become invisible when covered by snow.

Snow Storage

In the event there is inadequate space on the Subject Property for snow storage, the Customer(s) agree the Contractor may either use space on the edges of the driveway or make arrangements with a neighbor.

Excluded Services

The following services are excluded from Snow Clearing Services and will not be provided: Stacking of snow; Hauling of snow; Salting; De-Icing.

Walkway Services

Walkway shoveling services are excluded from Snow Clearing Services unless the driveway/walkway combo service package has been chosen.

Provided walkway services are agreed to:

Walkway shoveling will be performed separately from the main Snow Clearing Services and will be provided at the end of each snowfall of one and a half inches (1.5”) or more.

Walkway services do not include the removal of snow accumulation resulting from roof cleaning, drifting snow, or the removal of ice from the walkway resulting from freezing rain, sleet or compaction.

Shoveling of snow in front of garage doors as well as the front steps/walkway is included with walkway services, however, if requested by the Customer(s) to shovel large porch areas or decks such additional service may incur additional charges.

Shovel crews may take up to a minimum of 24 hours following the end of a snowfall to complete their routes.

Payment

All estimates, quotes, and promotions are valid for acceptance by the Customer(s) within thirty (30) days only.

The Customer(s) agree to pay the Contractor:

The entire balance on or before the commencement of the Term.

Any checks returned as non-sufficient funds will incur an additional charge of $30.00 per occurrence.

Any and all payments made under this Agreement are non-refundable to the Customer(s) under any circumstances including the termination of the Agreement by the Customer(s).

Additional Fees

In the event that snow accumulations result in an excess of 15 snow removal services, the Customer(s) agree to pay additional fees on a per-removal basis calculated as follows:

Example: (based on a contract value of $225.00)

[Contract Price] divided by 15 (removal services allowed per contract) = additional price per removal

$225 / 15 = $15 (cost per additional snow removal service in excess of 15)

The Customer(s) agree to pay any and all additional fees on or before April 31st of the contracted year.

Interest

Any overdue payments will accrue monthly cumulative interest at the rate of 2% per month.

Customer Credit

The Contractor shall provide to the Customer(s) a $50.00 credit toward their next Snow Clearing Services Agreement provided that:

The Contractor performed less than ten (10) visits to the Subject Property during the Term.

Customer(s) Responsibilities

The Customer(s) agree to provide the Contractor with a minimum 12ft of clearance for any Serviced Areas. In the event there is not at least 12ft of clearance (under low hanging tree branches, in car ports, or under low hanging eves or any other area) the Contractor shall not be responsible for providing any Snow Clearance Services to that portion of the Serviced Area.

The Contractor shall not be liable for any damage caused to removables left in the Serviced Area (includinggarbage/recycling bins, plant pots, toys, extension cords, Christmas lights, etc.)

In the event the Customer(s) fail to comply with any term in this section the Contractor shall not be responsible for Snow Clearing the interfered area at the time of providing Snow Clearing Services.

The Customer hereby agrees to accurately disclose the size of the Serviced Area to the Contractor prior to the commencement of this Agreement. In the event the Customer misrepresents the size of the Serviced Area the Contractor shall be entitled to Forfeit the Agreement or charge an additional fee.

Vehicles

In the event vehicles are parked in the Serviced Area during Snow Clearing, the Contractor shall only perform Snow Clearing from accessible Service Areas that open onto a public roadway.

The Contractor is not responsible for repeat Snow Clearing Services in the event the Customer(s) fail to remove their vehicles after having being alerted to do so.

City Services

The Customer(s) acknowledge the Contractors are not associated in any way with the municipal snow services and do not guarantee in any way, when or how municipal services shall be provided to the Customer(s).

Waiver of Liability

The Contractor is not liable, responsible, or accountable to the Customer(s) for:

Any damage to the Customer(s) lawn, flower beds, trees, or garden;

Any rocks, sand, or debris that go onto the Customer’s lawn as a result of Snow Clearing services;

Scratches, marks, rust, chips, cracks, or any other damage of any kind to the Customer’s driveway or Serviced Areas whether arising as a result of uneven asphalt or uneven surfaces or otherwise.

The Contractor shall not be responsible in any way whatsoever for slippery or icy conditions. The Customer(s) agree to indemnify the Contractor from any claims which may arise as a result of slippery, icy, dangerous, or defective conditions at the Subject Property or Serviced Areas.

Limitation

In the event the Contractor causes any property damage to the Customer, the Customer must notify the Contractor within 48 hours, failure of which the Contractor is hereby relieved and released of any and all liability for such damage.

In the event the Contractor is held liable for any reason related to this Agreement, the Contractors liability shall be limited to a maximum of $1,000.00 per occurrence / claim.

Termination

In the event the Customer(s) breach term in this Agreement, the Agreement shall, at the discretion of the Contractor, be null and void.

Re-location

In the event the Customer(s) re-locate or sell the Subject Property, the Agreement shall not be cancelled, refunded, or terminated.

The Customer(s) may assign the Agreement to the new owner.

General Terms

The Customer(s) agree to pay the Contractor’s full costs of enforcement of the terms of this Agreement including the cost of lawyer fees, registration fees of Construction Liens, and disbursements.

The Customer(s) further agree to pay any award of damages and all legal fees of the Contractor for defending any claims made by the Customer(s) or any third party related to the terms of this Agreement.

If any term in this Agreement is deemed invalid or unenforceable, that specific term shall be severed and the remainder of this Agreement remains in full force and effect.

This Agreement constitutes the entire Agreement between the parties.