COMMERCIAL TERMS OF SERVICE

1. Scope of Services

Nathan Creek Landscape will furnish all necessary labour, materials, tools, and equipment to perform landscape maintenance services at the designated property (“Property”), as outlined in the approved service proposal or contract.

2. Maintenance Standards

All services will be conducted in accordance with the “Moderate” maintenance level defined in Table 14-17 of the BC Landscape Standards (7th Edition). The following services are expressly excluded unless otherwise specified in writing:

• Pruning or removal of trees/shrubs exceeding five (5) meters in height

• Snow removal or de-icing

• Irrigation system maintenance, repair, or programming

3. Annual Renewal and Rate Adjustment

This agreement renews automatically each year on the contract anniversary date. A minimum annual rate increase of 5% will apply to reflect inflation and operating cost adjustments. Additional pricing changes, if any, will be communicated in writing with reasonable notice.

4. Service Cancellation

A written notice of cancellation is required a minimum of thirty (30) days in advance. Notice may be provided via email or formal letter. Termination of services will take effect after the 30-day period.

5. Payment Terms

Payment is due within seven (7) calendar days from the date of invoice unless alternative terms have been negotiated in the agreement. Late payments will be subject to interest at a rate of 1.5% per month (18% annually).

6. Limitation of Liability

Nathan Creek Landscape shall not be held liable for:

• Pre-existing site damage or deficiencies

• Delays or disruptions due to adverse weather

• Losses or damages resulting from third-party actions or uncontrollable external factors (e.g., vandalism, wildlife, tenant interference)

7. Modifications to Scope

Any alterations to the agreed-upon scope of services must be mutually approved in writing. Adjustments may result in revised timelines or pricing.

8. Insurance and Compliance

Nathan Creek Landscape maintains comprehensive liability insurance and complies with applicable workplace safety regulations. Proof of insurance and relevant certifications are available upon request.

9. Dispute Resolution

Should a dispute arise, both parties agree to first attempt resolution through mediation. If mediation fails, the dispute shall proceed to binding arbitration in accordance with the laws of British Columbia.

10. Non-Renewal

To opt out of automatic renewal, the client must provide a minimum of thirty (30) days’ written notice prior to the renewal date of the agreement.

11. Confidentiality and Intellectual Property

All plans, methods, schedules, and service documentation remain the intellectual property of Nathan Creek Landscape. Clients may not reproduce, distribute, or disclose such materials without written consent.

12. Warranty Disclaimer

No warranties or performance guarantees—express or implied—are provided except where explicitly stated in a formal service agreement.

13. Renewal Clause

This contract renews automatically each year on the original signing date unless cancelled per Section 4.

14. Force Majeure

Nathan Creek Landscape will not be liable for delays or non-performance due to causes beyond reasonable control, including but not limited to acts of nature, severe weather, public health emergencies, or government mandates.

15. Suspension of Service

We reserve the right to suspend services without liability if the client fails to meet payment obligations or breaches contract terms. Services may resume once all issues are rectified to our satisfaction.

16. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.