Terms & Conditions

1. Acceptance of Terms

By accessing or using the website at cavemenlandscapes.com (the "Site") operated by Cavemen Landscapes ("we", "us", or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use our Site or engage our services.

2. Services Overview

Cavemen Landscapes provides estate landscaping services including but not limited to landscape design and site layout, hardscaping and natural stone masonry, softscaping and planting, water features and outdoor lighting, and snow and ice management, primarily serving the Greater Toronto Area, Ontario, Canada.

3. Use of the Site

3.1 Eligibility

You must be at least 18 years of age or the age of majority in your province or territory to use our Site or engage our services.

3.2 Permitted Use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable federal, provincial, or local law or regulation
• Impersonate any person or entity or misrepresent your affiliation
• Transmit any advertising, promotional material, spam, or any other form of solicitation without our prior written consent
• Attempt to gain unauthorized access to any portion of the Site, server, or database
• Introduce viruses, trojan horses, worms, or other malicious or technologically harmful material
• Scrape, crawl, or use automated means to access the Site for any purpose without our written permission

4. Consultations and Estimates

Consultation requests submitted through our Site are non-binding. A consultation does not constitute a contract for services. Written estimates provided are valid for 30 days from the date of issue unless otherwise stated. Final pricing may vary based on site conditions, material availability, permit requirements, and scope changes discovered during the project.

5. Service Agreements

All landscaping projects require a separate written service agreement signed by both parties before work begins. Service agreements will detail scope of work, materials, timelines, payment schedules, warranty provisions, and cancellation terms. These Terms supplement but do not replace any individual service agreement.

6. Payment Terms

• A deposit is required upon execution of the service agreement to secure scheduling. The deposit amount is specified in the individual service agreement.
• Progress payments may be required at milestones defined in the service agreement.
• Final payment is due upon project completion and client walkthrough approval.
• Overdue accounts are subject to interest at a rate of 1.5% per month (18% per annum) on the outstanding balance.
• All prices are in Canadian Dollars (CAD) and are exclusive of applicable taxes (HST) unless otherwise stated.

7. Cancellation and Refund Policy

• Cancellations made more than 14 days before the scheduled start date will receive a full refund of the deposit, less any costs already incurred for design, permits, or material procurement.
• Cancellations made within 14 days of the scheduled start date may be subject to a cancellation fee of up to 25% of the total contract value.
• Once work has commenced, refunds will be calculated on a pro-rata basis for work not yet completed, less reasonable restocking and administrative fees.

8. Warranties and Guarantees

• Workmanship: We warrant our workmanship for a period specified in the individual service agreement (typically 2-5 years, depending on the scope of work).
• Materials: Material warranties are provided by the manufacturer and are passed through to the client.
• Living Materials: Plants, sod, and trees are warranted for one growing season, provided the client follows the maintenance guidelines we provide. Warranty does not cover damage due to drought, neglect, acts of God, or third-party interference.
• Exclusions: Warranty does not cover normal wear and tear, settling, natural material colour variation, frost heaving beyond industry tolerance, damage caused by the client or third parties, or issues arising from failure to follow maintenance instructions.

9. Limitation of Liability

To the fullest extent permitted under applicable Ontario and Canadian law:

• Cavemen Landscapes shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of the Site or our services.
• Our total aggregate liability for any claim arising from the Site shall not exceed the amount you have paid to us in the 12 months preceding the claim.
• We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to weather, natural disasters, permit delays, supply chain disruptions, strikes, or government actions (force majeure).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

10. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, photographs, design renderings, videos, and software, is the property of Cavemen Landscapes or its licensors and is protected under Canadian and international copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from the Site without our prior written consent.

11. User-Submitted Content

By submitting content to us (including reviews, testimonials, photographs, or project feedback), you grant Cavemen Landscapes a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, and display such content in any media for marketing and promotional purposes.

12. Third-Party Links

Our Site may contain links to third-party websites or services (including Calendly, Google, Facebook, and Instagram). We are not responsible for the content, privacy practices, or availability of these external sites. Inclusion of any link does not imply endorsement.

13. Indemnification

You agree to indemnify, defend, and hold harmless Cavemen Landscapes, its owners, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from your use of the Site, breach of these Terms, or infringement of any third-party rights.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Site shall be resolved through the following process:

1. Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation within 30 days.
2. Mediation: If negotiation fails, the dispute shall be submitted to mediation administered by the ADR Institute of Ontario.
3. Litigation: If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in Toronto.

15. Severability

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

16. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Accessibility Statement, and SMS Consent Policy, constitute the entire agreement between you and Cavemen Landscapes with respect to your use of the Site. Any individual service agreement will govern the specific terms of your project.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes take effect immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

18. Contact