1. Agreement and Scope

These Terms of Service ("Terms") apply when you visit mckeyslandscaping.com, request a quote, communicate with us, or purchase services from McKeys Landscape Services Ltd. ("McKeys," "we," "us," or "our"). By using the website, you agree to these Terms.

A quote, proposal, work order, maintenance plan, or other written service agreement accepted by both parties (a "Service Agreement") will control the project-specific scope, price, payment schedule, timing, and warranty. If these Terms conflict with a Service Agreement, the Service Agreement controls for that project. Mandatory rights under applicable law always prevail.

2. About Our Services

We provide year-round landscape and property-maintenance services, which may include landscape maintenance, concrete restoration, tree cutting and removal, snow and ice services, lawn care, seasonal cleanups, excavation, planting, and related services. Availability depends on location, season, weather, crew capacity, equipment, site conditions, permits, and the accepted Service Agreement.

Website descriptions are general information and are not an offer, guarantee, or professional assessment of a particular property. A request submitted through the website does not create a service contract. We may accept or decline work at our reasonable discretion, subject to applicable law.

3. Quotes, Estimates, and Changes

Unless stated otherwise, quotes or estimates are based on the information and visible conditions available when prepared and remain valid only for the period shown. Taxes, permits, disposal, specialty equipment, utility locates, third-party services, concealed conditions, or requested extras may be charged where identified in the Service Agreement or subsequently approved.

Unexpected site conditions may require a change to scope, price, or schedule. We will seek authorization for material additional work where reasonably practicable. Any estimate, price increase, or contract amendment remains subject to applicable consumer-protection law, including non-waivable limits and approval requirements.

4. Customer Responsibilities and Site Access

You agree to provide accurate project information and timely, safe, and lawful access to the work area. Before service, you are responsible for identifying known hazards and private underground or concealed items not covered by public utility locates, including irrigation, lighting, drainage, invisible fencing, private wiring, septic components, and similar installations.

You must secure pets, unlock gates, move vehicles and fragile or valuable items, obtain permissions you are responsible for, and notify affected occupants where necessary. You represent that you own the property or are authorized to approve the requested work. Delays, return visits, or damage caused by undisclosed conditions or failure to prepare the site may result in reasonable additional charges where permitted and agreed.

5. Scheduling, Weather, and Seasonal Conditions

Service dates and completion times are estimates unless expressly guaranteed in writing. Landscaping, concrete, tree, excavation, and snow work may be delayed, rescheduled, modified, or suspended because of weather, unsafe conditions, emergencies, equipment issues, supplier delays, utility locates, permits, labour availability, or events beyond reasonable control.

Snow and ice services reduce accumulation and risk but cannot guarantee continuously bare, dry, or hazard-free surfaces. Conditions may change rapidly before, during, or after service. Property owners and occupants remain responsible for reasonable care and for promptly reporting urgent conditions.

6. Tree, Excavation, Concrete, and Landscape Conditions

Natural materials and living plants vary. Growth, survival, appearance, colour, and performance may be affected by weather, soil, drainage, pests, disease, wildlife, irrigation, customer care, salt, traffic, and other conditions outside our control.

Tree and excavation work can reveal concealed decay, roots, rock, utilities, structures, contamination, drainage issues, or unstable ground. Concrete colour, texture, curing, and cracking may vary due to site and environmental conditions. We will address such matters according to the Service Agreement and applicable law.

7. Payments

Prices, deposits, progress payments, recurring charges, and due dates will be stated in the applicable Service Agreement or invoice. Payments may be processed through secure third-party systems. You authorize the applicable charges when you provide or approve a payment method.

Overdue amounts may accrue only those interest or administrative charges disclosed in the Service Agreement and permitted by law. We may pause or decline further non-emergency work for overdue accounts after reasonable notice, subject to the agreement and applicable law. You remain responsible for undisputed amounts for work properly performed.

8. Cancellations, Rescheduling, and Termination

Cancellation, rescheduling, renewal, and termination rules may vary by service and will be stated in the applicable Service Agreement. Reasonable charges may apply for completed work, specially ordered materials, disposal, mobilization, reserved crews or equipment, or late cancellation, but only where disclosed and legally permitted.

Either party may terminate ongoing services as allowed by the Service Agreement. We may suspend or terminate work for unsafe conditions, unlawful requests, harassment, material non-payment, denied access, or material breach. Statutory cooling-off, cancellation, refund, and other consumer rights are not limited by these Terms.

9. Workmanship, Warranties, and Concerns

We aim to provide professional services of reasonably acceptable quality. Any additional or project-specific warranty must be stated in the Service Agreement. To the extent permitted by law, no other representation or warranty is made, including that natural materials, plantings, snow conditions, or website availability will be perfect, continuous, or error-free.

Please inspect completed work when reasonably possible and report concerns promptly at [email protected] or (416) 410-8283. We must be given a reasonable opportunity to review and, where required by the Service Agreement or law, correct covered work. Nothing here excludes a statutory warranty or remedy that cannot lawfully be excluded.

10. Website Use and Intellectual Property

Website content, including text, photographs, graphics, branding, and layout, is owned by or licensed to McKeys and is protected by applicable intellectual-property laws. You may view or print content for personal, non-commercial use. You may not reproduce, scrape, republish, sell, alter, or exploit it without permission.

You must not interfere with website operation, bypass security, introduce malicious code, attempt unauthorized access, impersonate another person, submit unlawful material, or use the website to violate another person's rights.

11. Third-Party Services and Links

The website may use or link to third-party maps, forms, payment systems, social platforms, embedded media, analytics, or other services. We do not control their independent content, availability, terms, or privacy practices. Access to a third-party service is at your discretion, subject to rights that cannot be excluded by law.

12. Disclaimers and Limitation of Liability

To the fullest extent permitted by law, the website and its general content are provided “as is” and “as available.” Information on the website is general and does not replace a site inspection, written quote, or advice appropriate to the property.

To the fullest extent permitted by law, McKeys will not be liable for indirect, incidental, special, consequential, exemplary, or punitive loss, or for loss of profits, revenue, data, use, or opportunity, arising from the website or services. McKeys' total aggregate liability arising from a particular service will not exceed the amount the customer paid or owes McKeys for that service.

These exclusions and limits do not apply to fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence where liability cannot be limited, or any warranty, remedy, or liability that applicable law does not permit us to exclude or limit.

13. Indemnity

To the extent permitted by law, you agree to be responsible for reasonable losses, claims, and costs arising from your unlawful use of the website, material breach of these Terms, lack of authority to order work, or materially inaccurate information you provide. This provision does not make you responsible for loss caused by McKeys and does not limit non-waivable consumer rights.

14. Governing Law and Courts

These Terms and related disputes are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to mandatory consumer rights regarding venue, the courts of Ontario will have jurisdiction. The parties may first try in good faith to resolve a concern directly, but these Terms do not require arbitration or prevent access to a court or regulator where permitted by law.

15. General Terms

If a provision is found unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue. A delay in enforcing a right is not a waiver. We may assign these Terms as part of a genuine sale, reorganization, or transfer of our business; you may not assign a Service Agreement without consent where consent is reasonably required.

We may update these website Terms by posting a revised version with a new “Last updated” date. Changes will apply prospectively. Material changes to an existing Service Agreement require the agreement or legal process applicable to that contract.

16. Contact Us

McKeys Landscape Services Ltd.
Attention: Trevor Zander
3727 Vandorf Sideroad
Whitchurch-Stouffville, Ontario L4A 4H5, Canada
Email: [email protected]
Phone: (416) 410-8283