Terms of Service

Lawn Maintenance

2290317 Ontario Inc. o/a Bonnar Properties Inc. a corporation incorporated in the year 2011, pursuant to the laws of the Province of Ontario (hereinafter called “Bonnar Properties”);

WHEREAS THE CUSTOMER (named above) is a registered owner and holds legal title or other lawful authority to or in the property, including the authority to enter into this agreement;

WHEREAS THE CUSTOMER wishes to retain the services of Bonnar Properties for lawn maintenance, and Bonnar Properties wishes to perform the following duties described hereunder;

IN CONSIDERATION OF the sum of $2.00 paid by each of the parties to the other (the receipt and sufficiency of which is hereby acknowledged by each party), the mutual covenants contained in this agreement and other good and valuable consideration, the customer appoints Bonnar Properties and Bonnar Properties accepts this appointment for lawn maintenance of the property (service address detailed above – hereinafter called the “property”) for the customer on the following terms and conditions as set forth;

ALL REFERENCE TO money or currency herein will be in Canadian funds (CDN).  All fees and charges are non-refundable and subject to all sales taxes.  The Harmonized Sales Tax (HST) in the province of Ontario is 13%.

Hereby agrees as follows:

  1. AGENCY

THE CUSTOMER SHALL employ, exclusively, Bonnar Properties for the purpose of performing lawn maintenance service during the agreed upon dates, as set out and described below, to this agreement upon the terms and the conditions as hereinafter set forth.

  1. DUTIES

BONNAR PROPERTIES ACCEPTS the employment and agrees to and with the customer to maintain the grounds but without limiting the generality of the foregoing, with the following services, as selected by the customer:

a. Weekly lawn mowing: to arrive at the property as scheduled to perform lawn mowing with an appropriately sized lawnmower; trimming of edges near garden beds, foundations, fences, etc, with a line trimmer; blow the grass clippings and other debris off hard surfaces with a leaf blower, as needed. All lawn mowing services will be performed with the mowers’ cutting blades set at or around 2.5” (6.25cm) high.  Bonnar Properties has full discretion to choose to collect and take away the grass clippings or to choose to leave them on the lawn as a supply of beneficial nutrients for the turf.  Bonnar Properties has full discretion to choose which machinery to use at its disposal to perform the duties;

b. Spring cleanup: This service includes leaf and fallen-branch removal on lawns and gardens as well as setting a new edge on the gardens, if applicable. In most cases, the leaves will be left on the customer’s curb in loose fashion for the municipality’s scheduled removal or pickup for that area. At Bonnar Properties’ discretion, the leaves may be mulched into the lawn and dispersed. This service is included in the service package pricing for those customers who have selected the “Extra” and/or “Premium” service packages and will be performed during the month of April, as needed;

c. Fall cleanup: leaf and fallen-branch removal on lawns and gardens. In most cases, the leaves will be left on the customer’s curb for the municipality’s scheduled removal or pickup for that area. At Bonnar Properties’ discretion, the leaves may be mulched into the lawn and dispersed. This service is included in the “Extra” and/or “Premium” service packages pricing and will be performed from the first week of October to the last week of November, as needed;

d. Weeding hard surfaces: This service is included in the “Extra” and/or “Premium” service packages and includes a weekly removal of unwanted weeds growing in walkways, driveways, and sidewalks. This is a non-toxic, chemical free service that is a physical removal or reduction of weeds performed with the line trimmer.  Any dirt, gravel, rocky or otherwise loose surfaces will not be included in this service offering for safety reasons;

e. Over-seed the lawn: This service is included in the “Premium” service package only and includes a one-time application of grass seed over the existing turf. This service happens in November or December at Bonnar Properties’ discretion and is limited to a maximum of 2kgs of seed, based on lot size;

f. Aerate the lawn: This service is included in the “Premium” service package only and includes a one-time core-aeration service performed in November or December at Bonnar Properties’ discretion. If the customer’s property has an in-ground irrigation system then all of the sprinkler heads must be clearly marked with the appropriate flags in order to ensure that the aerator does not damage the sprinkler heads. Any un-marked or improperly marked heads that become damaged as a result of the aeration service being completed is not the responsibility of Bonnar Properties or its employees;

g. Clear the lawn: This service is for customers who have selected the “Starter” package only, and will be performed during the months of April, October and November as needed. Leaves and other debris that is covering the lawn surface will be blown back into the gardens prior to mowing so as to allow Bonnar Properties to mow the lawn properly, or the leaves and debris will be mulched into the lawn at Bonnar Properties’ discretion.

  1. COMPENSATION TO BONNAR PROPERTIES

THE CUSTOMER AGREES to pay Bonnar Properties as compensation for the above mentioned services rendered by Bonnar Properties as mentioned under this agreement, fees as follows:

a. the customer shall pay the service fees to Bonnar Properties for its lawn maintenance services hereunder during the terms of this agreement in advance on or about the first day of each and every month between April and November. The fees shall be collected on the due date by Bonnar Properties via, a deduction from the customer’s credit card (VISA or MasterCard), of which, Bonnar Properties has securely stored the information on file;

b. the service dates are described on the contract and depend on the selected service package;

c. the service fee shall be based upon on the fees quoted by Bonnar Properties and the service level selected by the customer;

d. the following selected package services:

Starter – which includes services as outlined in section: 2a, 2g

April: 2a, 2g; May: 2a; June: 2a; July: 2a; Aug: 2a; Sept: 2a; Oct: 2a, 2g; Nov: 2a, 2g

Extra – which includes services as outlined in section: 2a, 2b, 2c, 2d

April: 2a, 2b, 2d; May: 2a, 2d; June: 2a, 2d; July: 2a, 2d; Aug: 2a, 2d; Sept: 2a, 2d; Oct: 2a, 2c, 2d;

Nov: 2a, 2c, 2d

Premium – which includes services as outlined in section 2a, 2b, 2c, 2d, 2e, 2f

April: 2a, 2b, 2d; May: 2a, 2d; June: 2a, 2d; July: 2a, 2d; Aug: 2a, 2d; Sept: 2a, 2d; Oct: 2a, 2c, 2d;

Nov: 2a, 2c, 2d, 2e, 2f;

e. the payments shall be made in equal monthly installments, equal to the number of months left during the regular season, and will be made on or before the 1st of each month of April, May, June, July, August, September, October, November in the amount noted on the contract, unless otherwise agreed to in writing;

f. if a customer starts the service on a day after the 1st of any month between April and November, then Bonnar Properties may allow the customer to be charged 1/30th of the monthly fee for each of the remaining days until the end of the current month and then shall be charged the full and regular monthly rate on or about the first of the following month until the end of the season;

g. in an effort to reduce paper usage, the customer will rely on their credit card provider’s bill as the invoice. Bonnar Properties will email a statement of services rendered at the property at the end of the season if the customer requests such statement in writing at the end of the contract.

    1. WHAT TO EXPECT
  1.  UPON EXECUTION OF this agreement, the customer shall provide Bonnar Properties with credit card information that Bonnar Properties may securely store on file. Bonnar Properties shall be authorized to use the credit card as  needed to collect payment for service or standby as aforementioned agreed upon;
  2. Once the customer has provided Bonnar Properties with a signed copy of this agreement and credit card information, Bonnar Properties may collect a deposit from the credit card to secure the contract. The deposit shall be in the amount of the first month’s service fee.  Once the service has started, this deposit shall be used to pay for the first month of service;
  3. If at any time the customer’s credit card is declined for any reason, the service may be suspended until all outstanding fees are paid to Bonnar Properties. Upon the outstanding fees being paid, service will resume as agreed.  Bonnar Properties will not be responsible for any lawn maintenance duties while the service has been suspended, nor will Bonnar Properties be required to make a “special trip” to the customer’s property in between regularly scheduled service days to perform the service.  The service shall resume at the next regularly scheduled service day.  There will be no discount for any services missed during suspension;
  4. If a customer’s property has not been serviced on their regular maintenance day due to their credit card being declined, Bonnar Properties may agree to make a “special trip” to perform the service for the customer for a fee. This fee is separate from the usual monthly fee detailed in this agreement and is only attributed to this one-time maintenance service.  The fee will be agreed upon in writing between the customer and Bonnar Properties and will be charged to the credit card prior to the service being performed.  The service will be performed on a day and time set at Bonnar Properties’ discretion;
  5. If the customer wishes to change their service level to a higher one than they selected before service started, then the customer shall inform Bonnar Properties of their wishes in writing, including the start date of the upgraded services. If scheduling allows the changes to happen, then Bonnar Properties will inform the customer of the new charges, and those charges and service level changes will take effect once payment has been collected to reflect the new service level.  The customer may not downgrade to a lower service level while the contract is in force;
  6. Bonnar Properties’ satisfaction guarantee states that Bonnar Properties guarantees the customer’s complete satisfaction of the services rendered. If the customer detects any errors or mistakes in the services performed then the customer must inform Bonnar Properties in writing within 24 hours of the service visit.  Bonnar Properties will then assess how to solve the issue and will schedule another service visit to the service address at no additional cost to the customer.  If, after revisiting the property to address the situation, the error has still not been remedied to the customer’s satisfaction, then Bonnar Properties will hire and pay for the competitor of the customer’s choice to remedy the situation.  There are three provisos to this guarantee: 1. the customer must notify Bonnar Properties of the error within 24 hours of the service being performed for this guarantee to be valid.  If the lawn has had any liquid or granular fertilizer or pesticide treatments applied then this guarantee is void while the turf is experiencing an accelerated growth rate of more than one inch (2.5cm) per week, 3. If the service address’ lawn is considered a naturally fast-growing lawn for any other reasons, and grows more than one inch (2.5cm) between regular weekly lawn maintenance visits then this guarantee is void during those times. 4. If there are any toys, furniture, other items and/or debris left on the lawn surface then Bonnar Properties may work around these items without violating the Satisfaction Guarantee;
  7. Bonnar Properties reserves the right to use whatever equipment at its disposal that best suits the work required at its sole discretion;
  8. Once Bonnar Properties has established the lawn service schedule for the season then Bonnar Properties will continue to service the property on the same day of the week except, however, due to bad weather, statutory holidays, equipment issues, or other issues beyond Bonnar Properties’ control, the service may need to be performed a day or two later than usual. Regular service will return to normal the following week, barring any further issues as mentioned above;
  9. If the customer decides to not have Bonnar Properties service the property for a particular week for any reason, Bonnar Properties requests the customer gives a minimum of 24-hours notice in order to make changes to the schedule. Regular fees will still apply;
  10. Bonnar Properties will not sell nor give out any customer information to any organization or person outside of that which is required to properly operate the business. The trust placed in Bonnar Properties by its customers, is absolutely essential to the company’s success. Visit the privacy policy at: www.bonnarproperties.com/privacy-policy/;
  11. Free combination locks are available for the back gate to ensure access for Bonnar Properties’ employees, if necessary. Bonnar Properties will close and latch/lock the gate when the service has been completed at the property.  If, upon arrival, the gate is locked, and Bonnar Properties does not have the combination, or the gate is damaged, or access to the back is somehow impeded in another manner and the employees cannot gain access to any specific section of the property, then that section of the property cannot be serviced on this visit.  Therefore, Bonnar Properties will only service the parts of the property that are accessible. The price will remain the same.  Gates that are out of adjustment and do not latch properly are not the responsibility of Bonnar Properties; nor is it Bonnar Properties’ responsibility to notify the customer of such gate issues.  The employee will try to close/latch the gate as best as they can but cannot guarantee that it will be latched/locked.  Any customer who has a pool, pond or other substantial body of water, or device which has the ability to contain a substantial body of water knows that the gate must latch and function properly for public safety reasons.  The customer is advised to check with the municipality and/or provincial statutes regarding pools and gates on private property;
  12. Due to scheduling reasons, Bonnar Properties may be forced to service your property when it’s raining. If there’s a downpour, the employees may wait it out, but if it’s just a light-to-medium rain, they will most likely keep working.  Bonnar Properties’ employees will do their best to make the lawn look as good as possible during a rainy visit;
  13. When the hot and dry portion of the summer season sets in, it may be the case that the lawn has started to turn yellow and hasn’t grown very much since the last service visit. If the lawn is yellow and not growing during the visit for service and the customer has not canceled that week’s service, then Bonnar Properties will be sure to service only the areas that need attention in order to minimize the potential damage of working on dormant lawns;
  14. If the property has a pool then Bonnar Properties recommends that the pool be covered during the normally scheduled service day, if possible. Bonnar Properties’ employees will attempt to minimize any clippings or debris going in to the pool during the service visit, but they are not responsible for any messes;
  15. It is highly recommended leaving all pets inside or kenneled on the scheduled service day so as to prevent any injuries to the animals or any pets escaping. Bonnar Properties cannot be held responsible for the pets’ well-being and/or safety;
  16. The customer agrees to ensure that any toys, furniture, and other items or debris shall be moved off of the lawn before Bonnar Properties regularly scheduled arrival. If the lawn is considered messy with toys, furniture and/or debris then Bonnar Properties will clear the yard by placing these items on the patio (except bulky or heavy items).  If the customer does not have a patio, or there’s not enough room, then Bonnar Properties shall create a pile on the lawn so as to perform the regular maintenance service.  Bonnar Properties will not be responsible for any damages to any items moved.  The customer agrees to be charged an extra flat fee of $35+HST for every time this additional service is needed.  Bonnar Properties will notify the customer of the additional charges after the service has been completed.  Alternatively, Bonnar Properties may choose to leave the items in place and work around them without violating the Satisfaction Guarantee;
  17. Bonnar Properties may from time-to-time, as sees fit, and without prior permission from the customer, take photographs or videos of any part of the exterior of the customer’s property for the purposes of creating a gallery of work performed to be used for promotional material such as website pictures, digital or print ads, etc. Bonnar Properties will ensure that no personal identifiable information will be publicly published, especially items such as house numbers, vehicle license plates, street names, any resident’s face or any resident’s names.  The customer is free to notify Bonnar Properties if they have any concerns about any media published by Bonnar Properties and Bonnar Properties will do what it can to address those concerns on an individual basis;
  18. If for any reason, upon arrival for lawn service, the lawn is over six inches (15 cm) tall Bonnar Properties will consider it to be overgrown. The lawn may still be serviced if the grass is less than 12 inches (30 cm) in height, but the customer will be charged twice the normal rate for this service visit (equal to 25% of the monthly fee).  The customer will be contacted after the service has been performed in order to be notified the additional charges.  If for any reason the lawn is over 12 inches (30 cm) tall then most likely, Bonnar Properties will be unable to service it on that day.  A crew with specialized equipment will be scheduled to come back to the property to perform this special service.  There will be extra charges for this additional service.  Bonnar Properties will contact the customer before this service is provided in order to discuss pricing and service details.  The service fee will return to normal during the next regularly scheduled service visit, unless of course, the lawn is overgrown again.  These special services do not qualify for the Satisfaction Guarantee;
  19. Bonnar Properties requests that any dog owners pick up their pet’s droppings on or before the scheduled service day. Walking around all day with dog feces on the equipment’s wheels and on the employee’s boots detracts from the company’s commitment to service excellence;
  20. Bonnar Properties retains the exclusive discretion to choose the customer’s service day of the week. The service day will be chosen to help maximize route density and efficiency and typically will not be changed once established (all customers);
  21. Bonnar Properties will keep an ongoing record of: which services were performed, the day(s) the services were performed, the approximate time the services were performed, the number of visits to the property to perform the services during the season, and the amount of money the customer has paid (all customers).
  1. INDEMNITY

THE CUSTOMER AGREES to and with Bonnar Properties as follows; the customer shall, at its sole expense, during, and after the termination of this agreement, indemnify and save Bonnar Properties, its owners, directors, officers, servants, and employees completely free and harmless from any and all damages or injuries to person or property, or claims, actions, obligations, liabilities, costs, expenses, and fees, including all legal fees on a substantial indemnity basis, by reason of any cause whatsoever when Bonnar Properties is carrying out the provisions of this agreement as the lawn maintenance service provider for the customer.  The customer acknowledges that Bonnar Properties’ equipment may accidentally cause minor damage to the surface of the driveway, walkway, curbing, gardens, lawn and immediate surrounding areas where the services are being performed and shall not hold Bonnar Properties responsible for such damages. The customer shall, at its sole expense, diligently defend Bonnar Properties with respect to any such claims, lawsuits and court actions, from any person, business, group, agency or entity during and after the termination of this agreement, if Bonnar Properties becomes involved in any such proceedings of litigation by reason of having been the customer’s lawn maintenance service provider, such provisions shall apply as if the agreement were still in effect.

  1. LIMITATION OF BONNAR PROPERTIES’ LIABILITY

BONNAR PROPERTIES SHALL not be liable to the customer for any loss of use of the property resulting from any delays in performing the service, or from any damages caused by Bonnar Properties’ equipment while carrying out the provisions of this agreement as the lawn maintenance service provider for the customer, or for any error in judgment or for anything which it may do or refrain from doing unless any resulting damage, loss, injury, or liability has been caused by the gross negligence or willful misconduct of Bonnar Properties or those for whom it is in law responsible; nor shall Bonnar Properties be liable to the customer for failure to perform any of the obligations set forth in this agreement, if such failure is occasioned by or results from equipment malfunction, destruction or damage to the property by fire or other cause, a civil commotion or disturbance, an act of God, a supervening illegality, or any other act or cause which is beyond the reasonable control of Bonnar Properties, except if due to the gross negligence or willful misconduct of Bonnar Properties or those for whom it is in law responsible.

Notwithstanding anything to the contrary contained in this agreement, under no circumstances shall Bonnar Properties be liable to the customer for the amount of any loss or damage to the property or its contents, against which the customer is insured and thereby entitled to indemnification from its insurer(s) but only to the extent of such indemnification actually received by the customer.

It is the responsibility of the customer to read this entire agreement carefully.  It is highly recommended that the customer consult an attorney before signing this agreement.  Any statements, declarations, or affirmations that have been written or uttered by Bonnar Properties are not to be considered advice, merely opinions and/or information only.

  1. INSURANCE

THE CUSTOMER AGREES to obtain comprehensive liability insurance on the property to a limit of not less than $2,000,000.00 inclusive which shall provide protection against any claims for personal injury, death or property damage or loss in the event that either the customer or Bonnar Properties shall be held liable as a result of their respective obligations of the property.

  1. TERM AND TERMINATION

THIS AGREEMENT SHALL take effect and be binding upon the parties hereto from the date of signing until November 15th for customers who have chosen the “Starter” package, and until November 30th of the same year for customers who have chosen the “Extra” or “Premium” service package.  This contract may be terminated with written notice from Bonnar Properties to the customer with a minimum of thirty (30) days notice, and that termination date should be chosen as the last day of the corresponding month.  The customer may not terminate this contract. The customer may cancel the lawn maintenance service if needed but is responsible for full payment of the service until the termination of the agreement as described, of the same year.  Any exceptions to this must be made in writing and agreed to by both parties.

Upon termination of this agreement, the accounts between the customer and Bonnar Properties upon such termination shall be adjusted and payment of any balance properly due from the customer shall then be made within five (5) business days.  Any delay in payment beyond five (5) business days shall result in a compounded monthly interest rate of 3.99% of any outstanding monies due until the balance is paid in full.

  1. NOTICES

ANY NOTICES REQUIRED to be given by either party to the other shall be sufficiently given if sent by electronic mail (“email”).  Any such notice shall be conclusively deemed to have been given and received on the date such email is sent.

    1. ARBITRATION AND MEDIATION

a. DESPITE ANYTHING CONTAINED in this agreement to the contrary, in the event that a dispute or difference arises with respect to this agreement that cannot be resolved by negotiation between the parties then in such event the parties agree to use the services of a single, qualified, experienced mediator to attempt to resolve their dispute or difference and, failing agreement on the procedure to be followed, the mediation shall be conducted in accordance with the National Mediation Rules of the ADR Institute of Canada Inc.

b. In the event that mediation does not result in a resolution of the dispute or difference then in such event any unresolved issue may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be agreed upon, the arbitration will be conducted by a single, qualified, experienced arbitrator, in accordance with the National Arbitration Rules of the ADR Institute of Canada Inc and pursuant to the Arbitration Act, 1991, S.O. 1991, c. 17.

c. The cost of mediation and/or arbitration shall be borne equally between the parties, except that each party shall bear the cost of their own counsel and witnesses, and one-half the cost of the mediator or arbitrator, as the case may be.

  1. ENUREMENT

THIS AGREEMENT SHALL enure to the benefit of and be binding on the parties hereto, their respective heirs, executors, administrators, successors, and assigns as the case may be.

  1. ENTIRE AGREEMENT

THIS AGREEMENT EMBODIES the entire agreement of the parties with regard to the matters contained herein, and no other agreement shall be deemed to exist except as entered into in writing by both parties to this agreement.  Bonnar Properties will keep a copy of the lawn maintenance quote form the customer has filled out, signed and submitted as a record of the service package and fees selected by the customer.

  1. JURISDICTION

IT IS THE intention of the parties that this agreement and the performance under it be construed in accordance with and under and pursuant to the laws of the Province of Ontario and that in any action or other proceeding arising out of, in connection with, or by reason of this agreement, the laws of the Province of Ontario shall be applicable and shall govern to the exclusion of the law of any other forum without regard to the jurisdiction in which any action may be instituted.

  1. PARTIAL SEVERABILITY

IF ANY PART of this agreement is held or rendered invalid or illegal, the remainder of this agreement continues to apply.

  1. TIME OF ESSENCE

TIME IS OF the essence of this agreement and of all provisions of it.

  1. HEADINGS

THE HEADINGS CONTAINED in this agreement are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this agreement.

  1. GOVERNING LAW

THIS AGREEMENT SHALL be constructed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be interpreted in all respects as an Ontario contract.

  1. COUNTERPARTS

THIS AGREEMENT MAY be executed in any number of counterparts and all such counterparts shall for all purposes constitute one agreement binding on the parties, notwithstanding that not all parties are signatories to the same counterpart.  Each party shall be entitled to rely upon delivery of an executed copy of this agreement by email or other means of electronic transmission.

  1. FORCE MAJEURE

BONAR PROPERTIES SHALL not be liable for failure of or delay in performing obligations set forth in this agreement, and shall not be deemed in breach of its obligations, if such failure or delay is due to any event or circumstance beyond Bonnar Properties’ reasonable control, including fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, revolutions, government intervention, strikes, and labour disputes; provided, however that Bonnar Properties promptly notifies the customer of the nature and duration of the force majeure event and resumes performance as soon as possible.

End Lawn Maintenance Terms of Service

 

Driveway Snow Clearing

DUTIES

BONNAR PROPERTIES ACCEPTS the employment and agrees to and with the Customer to clear the snow but without limiting the generality of the foregoing, the following services:

  1. Driveway Snow Clearing: to clear the accumulated snow off of the paved surface of the property that is typically used for vehicle parking, and called a driveway, by using suitably available and effective machinery or equipment to move the snow, after each separate snow event resulting in an accumulation of a minimum of two inches (5cm). Bonnar Properties will clear the snow build up from the areas chosen down to an acceptable depth, determined by Bonnar Properties. There is a possibility that after clearing the snow, (especially if it is still snowing), the pathways will not be cleared immaculately; there may be some snow left in nooks and/or corners;
  2. De-icing Responsibilities: Bonnar Properties will not be responsible for any type of ice control measures whatsoever as part of our service. The customer agrees to take full control and responsibility of any ice accumulation on their property.
  3. Continuous Snowfall: in the event that a snow storm is expected to last more than 8 hours continuously, Bonnar Properties will begin clearing customers’ driveways during the storm in an attempt to prevent too much accumulation from occurring at once. During this time, while the snow is still accumulating, Bonnar Properties will make as many return visits to the customers’ properties as needed to get the driveway cleared to an acceptable level.  Bonnar Properties will also visit the customers’ properties after the snow has stopped falling to ensure all driveways are cleared;
  4. Determination of Depth: for each property, the aggregate depth of snowfall event requiring services will be determined in good faith by Bonnar Properties, using published third party compiled meteorological data for that location and surrounding geographical areas.
  5. Windrow Snow Clearing: if the municipal street plow pushes snow back on to the bottom of the driveway, usually called a windrow, Bonnar Properties will revisit the property to clear the snow as needed;
  6. Walkway Snow Clearing: for those customers who have selected this service (possibly at additional cost), Bonnar Properties will clear a footpath to the most accessible entry/exit point of the house, which would typically be the front door in most cases;
  7. Snow Clearing Around Vehicles: for those customers who have selected this service (possibly at additional cost), Bonnar Properties will clear a footpath around any vehicles parked in the driveway, if possible. It is the customer’s responsibility to ensure the vehicles are parked as far up the driveway as possible to ensure Bonnar Properties can do an effiecient and thorough job;
  8. Sidewalk Snow Clearing: for those customers who have selected this service (possibly at additional cost), Bonnar Properties will clear the snow off of the municipal sidewalk directly associated with the Customer’s property;
  9. Standby: during the effective dates of this Agreement (November 15, 2023 – April 15, 2024) there may be stretches of time between snow events, in this case, Bonnar Properties agrees to standby and be ready to quickly begin the snow clearing service as needed;
  10. Time Guarantee: Bonnar Properties cannot guarantee a specific time to arrive at any property to begin the snow clearing service. Bonnar Properties will ensure that at least one service has been performed at each property within 24 hours of the termination of a snow event, if possible;
  11. Records: to keep records of: the day(s) the service was performed, the approximate time the service was performed, the approximate weather and temperature conditions the service was performed, the number of visits to the property to perform the service.

COMPENSATION TO BONNAR PROPERTIES

THE CUSTOMER AGREES to pay Bonnar Properties as compensation for the above-mentioned services rendered by Bonnar Properties as mentioned under this Agreement, fees as follows (“Snow Clearing Fees”):

  1. The Customer shall pay the service fees to Bonnar Properties for its snow clearing services hereunder during the term of this Agreement in advance on or about the tenth day of each and every month between November 2023 and March 2024. The fees shall be collected on the due date by Bonnar Properties via, a deduction from the Customer’s Credit Card (VISA or MasterCard), of which, Bonnar Properties has securely stored the information on file;
  2. The service dates are from November 15, 2023 to April 15, 2024.
  3. The service fee shall be based upon on the fees quoted by Bonnar Properties.  The payment shall be made in the following manner: One lump sum payment made around the start of this Agreement, or five equal payments made on or before the 15th of each month of November, December, January, February and March, or other.
  4. Upon execution of this Agreement, the Customer shall provide Bonnar Properties with Credit Card information that Bonar Properties may securely store on file. Bonnar Properties shall be authorized to use the Credit Card as needed to collect payment for service or standby as aforementioned agreed upon.  The customer may read Bonnar Properties’ Privacy Policy at: www.bonnarproperties.com/privacy-policy/;
  5. Prior to November 15th, once the Customer has provided Bonnar Properties with the Credit Card information, Bonnar Properties will then collect a deposit from the Credit Card to secure the contract. The deposit amount shall be in the amount of one month’s service.  Once the service has started, this deposit shall be used to pay for the first month of service;
  6. If at any time the Customer’s Credit Card is declined for any reason, the service will be suspended until all outstanding fees are paid to Bonnar Properties. Upon the outstanding fees being paid, service will resume as agreed.  Bonnar Properties will not be responsible for any snow clearing duties while the service has been suspended, nor will Bonnar Properties be required to make a “special trip” to the customer’s property in between snow events to clear the driveway.  The driveway shall be cleared at the next qualifying snow event;
  7. If a Customer’s property is not cleared of snow after a snow event due to their Credit Card being declined, Bonnar Properties may agree to make a “special trip” to clear the Customer’s driveway for a fee. This fee is separate from the usual monthly fee detailed in this Agreement and is only attributed to this one-time snow clearing service.  The fee will be agreed upon in writing between the Customer and Bonnar Properties and will be charged to the Credit Card prior to the service being performed;
  8. Bonnar Properties will not offer any refunds for any reasons;
  9. The Customer agrees to pay for the service until the end of the service agreement of April 15, 2024. The final payment will be charged to the Customer’s Credit Card on or about March 15, 2024;
  10. If a Customer starts the service on a day after the 15th of any month between November and April, then Bonnar Properties may allow the customer to be charged 1/30th of the monthly fee for each of the remaining days until the 15th of the following month and then shall be charged the full and regular monthly rate on or about the fifteenth of the following month until the end of the season;
  11. The Customer agrees to ensure there are no rocks, mats, carpets, debris, or any other items on the driveway or front walkway that may be obscured by snow coverage. This ensures the Customer’s property is not damaged as well as minimizing Bonnar Properties’ equipment damages;
  12. The Customer will ensure that any vehicles parked in the driveway will be placed as close to the garage/house as possible. The Customer will also ensure a pathway at least thirty inches (76cm) wide is available for Bonnar Properties to properly clear the snow, if possible.