While 1524846 Alberta Ltd o/a Enviro Masters Lawn Care (“Enviro Masters Lawn Care”) allows you to cancel at any time by written or oral notification, everyone loves reading fine print so we made some fine print for you to enjoy. Specifically you may cancel this transaction, without penalty or obligation, as set forth below. Since your lawn service agreement does not involve sale of goods but rather the sale of a service, some of the language of the statutory notice contained below may be applicable. Nevertheless, to the extent that provincial law may apply to this transaction, Enviro Masters Lawn Care is obligated to provide Notice in the form contained below:
Additional terms and conditions
- Satisfaction guarantee. Enviro Masters Lawn Care, will gladly visit your property as often as needed between scheduled visits to make any necessary adjustments and to ensure your satisfaction guarantee. If you are not satisfied, we will refund the amount of your last service. This guarantee apply to full program customers only.
- Continuous service. To optimize the effectiveness of your plan, it is important to apply the right product at the right time. For this reason your plan continues from year to year without any action on your part. Each year, we will remind you that your plan will resume. Remember your plan will continue unless you cancel. FOR CURRENT CUSTOMERS Any service purchased under this contract will be added to your current annual plan and will continue from year to year as stated herein. Notwithstanding any other terms herein, Enviro Masters Lawn Care may cancel this agreement at any time for convenience.
- Cost of service/billing. Unless you choose the Prepayment billing option, you will be billed for the cost of each service after it occurs. The cost of service in your plan may vary, but your annual billing will not exceed the total price in your plan unless otherwise amended as set forth herein. Current year discounts may not apply in subsequent years. Payment is due upon request. Enviro Masters Lawn Care may alter or amend this agreement, including the cost of services set forth herein, upon written notice to you. If we do not hear from you within ten days of such proposed amendment, the amendment shall become final.
- Non-payment/default. The obligation of Enviro Masters Lawn Care hereunder is conditioned upon payment in full of all service charges, and failure to pay such charges shall cancel this Plan in its entirety and discharge Enviro Masters Lawn Care of any liability, and any amount paid shall become the property Enviro Masters Lawn Care.
- Pay-by-Application Agreement. In payment for services performed by Enviro Masters Lawn Care I (we) hereby authorize you to initiate debit entries to my specified credit card within five (5) business days after my (our) service as indicated in the Sales Agreement has been performed, and to debit the same to such account. This authorization will remain in effect until I (we) notify you in writing to cancel it in such time as to afford financial institution a reasonable opportunity to act upon that notification. I (we) understand that cancellation of this authorization does not cancel my (our) service agreement or my responsibilities there under.
- Severability. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect.
- Arbitration. Any unresolved dispute concerning this Agreement or any of the Services arising from it shall be resolved first by consensual mediation to be followed by Arbitration in accordance with recognized local practice in the Province of Alberta.
- Governing Law. This Agreement shall be governed by the Law of the Province of Alberta and I attorn to this jurisdiction.
- Class Action Waiver. Any claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever, including but not limited to, any action based on the Telecommunications Rule. The arbitrator shall not have authority to combine to aggregate similar claims or conduct any Class Action. Nor shall the arbitrator have authority to make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only a court of competent jurisdiction and not by any arbitrator. The parties understand that they would have had a right to litigate through a court and to have a judge or jury decide their case and to be party to a class or representative action, however, they understand and choose to have any claims decided individually, through arbitration.
- Tree and shrub disclaimer. Application to be all installed plant material and shrubs and excludes mature, native and specialty trees such as fruit and certain ornamentals. Applications include up to 5 trees, no more than 25ft, in height. Control of boring insects and certain diseases cannot be guaranteed.