Terms of Service

1. Acceptance of Terms

Welcome to Vertical Gardens Canada. These Terms of Service ("Terms") govern your use of our website, services, and any related offerings provided by Vertical Gardens Canada ("Company," "we," "our," or "us"). By accessing our website or using our services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you may not access our website or use our services. These Terms constitute a legally binding agreement between you and Vertical Gardens Canada.

2. Description of Services

Vertical Gardens Canada provides vertical gardening and indoor mini garden services throughout Canada, including but not limited to:

• In-home consultation and garden system design
• Professional installation of vertical garden systems
• Ongoing maintenance and support services
• Plant selection and sourcing
• Custom garden design and planning
• Educational resources and guidance

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Consultation and Design Services

3.1 Free Consultation

We offer free initial consultations to assess your space and discuss vertical garden options. These consultations are subject to our availability and service area limitations.

3.2 Design Process

Our design process includes space assessment, custom design creation, and proposal preparation. Design proposals remain the intellectual property of Vertical Gardens Canada until a service agreement is executed.

3.3 Changes to Design

Significant changes to approved designs may result in additional charges and project timeline adjustments. We will discuss any additional costs before implementing changes.

4. Installation Services

4.1 Installation Agreement

Installation services are provided under separate written agreements that specify project scope, timeline, costs, and specific terms. These agreements supplement but do not replace these general Terms of Service.

4.2 Site Access and Preparation

Customers must provide safe, unobstructed access to installation areas. You are responsible for ensuring that the installation site is prepared according to our specifications and that all necessary permits are obtained.

4.3 Installation Timeline

Installation timelines are estimates and may be affected by weather conditions, material availability, site conditions, or other factors beyond our control. We will communicate any delays promptly.

5. Payment Terms

5.1 Pricing and Estimates

All prices are quoted in Canadian dollars and are subject to applicable taxes. Estimates are valid for 30 days unless otherwise specified. Final pricing is confirmed in written agreements.

5.2 Payment Schedule

Payment schedules are specified in individual service agreements. Typical payment terms include:

• Consultation services: Payment due upon completion
• Installation projects: Deposit required, balance due upon completion
• Maintenance services: Monthly or seasonal billing as agreed

5.3 Late Payment

Late payments may be subject to interest charges of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with overdue balances.

6. Warranties and Guarantees

6.1 Installation Warranty

We provide a one-year warranty on our installation workmanship from the date of project completion. This warranty covers defects in our installation work but does not cover plant health, normal wear and tear, or damage from improper use or maintenance.

6.2 Plant Health

We provide guidance on plant care but cannot guarantee plant survival. Plant health depends on many factors including proper care, environmental conditions, and ongoing maintenance. We offer replacement plants at cost for the first 30 days after installation.

6.3 Equipment and Materials

Equipment and materials are warranted according to manufacturer specifications. We will assist with warranty claims but are not responsible for manufacturer defects or failures.

7. Limitations of Liability

7.1 Service Limitations

Our services are provided "as is" and we make no warranties beyond those explicitly stated in these Terms. We do not guarantee specific outcomes, plant survival rates, or production yields.

7.2 Liability Cap

Our total liability for any claims arising from our services is limited to the total amount paid by you for the specific services that gave rise to the claim. This limitation applies regardless of the cause of action.

7.3 Consequential Damages

We are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, even if we have been advised of the possibility of such damages.

8. Customer Responsibilities

8.1 Accurate Information

You must provide accurate and complete information about your space, requirements, and any relevant conditions that may affect our services.

8.2 Site Conditions

You are responsible for disclosing any known structural, electrical, or plumbing issues that may affect installation. Hidden conditions discovered during installation may result in additional charges.

8.3 Maintenance and Care

Unless covered by a maintenance agreement, you are responsible for proper care and maintenance of your vertical garden system according to our provided instructions.

9. Cancellation and Refunds

9.1 Consultation Cancellation

Consultations may be cancelled or rescheduled with 24 hours notice. Same-day cancellations may be subject to a cancellation fee.

9.2 Project Cancellation

Project cancellation terms are specified in individual service agreements. Generally, deposits are non-refundable once design work begins. Cancellations after material ordering may incur additional charges.

9.3 Refund Policy

Refunds, if applicable, will be processed within 30 days of approval. Refunds are subject to a processing fee and may be limited to unused services or materials that can be returned.

10. Intellectual Property

10.1 Design Ownership

All designs, plans, and creative work remain the intellectual property of Vertical Gardens Canada until full payment is received. Upon full payment, you receive a license to use the designs for your personal, non-commercial purposes.

10.2 Website Content

All website content, including text, images, graphics, and logos, is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works without written permission.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

12. Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, material shortages, or other unforeseeable events.

13. Dispute Resolution

13.1 Informal Resolution

We encourage informal resolution of disputes through direct communication with our customer service team. Most issues can be resolved through good faith discussion.

13.2 Binding Arbitration

Any disputes that cannot be resolved informally will be settled through binding arbitration in accordance with the rules of the ADR Institute of Canada. Arbitration will take place in Toronto, Ontario.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as part of a class action or representative proceeding.

14. Termination

We may terminate or suspend your access to our services at any time for violation of these Terms or for any other reason. Upon termination, your right to use our services ceases immediately.

Ongoing service agreements may have specific termination clauses that supersede this general termination provision.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

For significant changes, we will make reasonable efforts to notify customers through email or prominent website notices.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17. Entire Agreement

These Terms, along with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Vertical Gardens Canada regarding our services. These Terms supersede all prior or contemporaneous communications and proposals.

18. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal proceedings will be conducted in the courts of Ontario, Canada.

19. Contact Information

If you have questions about these Terms of Service, please contact us:

20. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have the legal capacity to enter into this agreement.