Terms of Service for Residential Customers

1. Definitions

  • Contractor means Total Snow Solutions Inc.
  • Customer(s) means the parties to whom the Contractor has agreed to provide Snow Clearing Services.
  • Serviced Area means the Customer(s) driveway or any other area located at the Subject Property for which Snow Clearing Services have been agreed to be provided.
  • Snow Clearing Services means the blowing or removal of snow from the Serviced Area to a permissible nearby area including the Customer(s) lawn.
  • Subject Property means the lands owned or occupied by the Customer(s) for which the Contractor has agreed to provide Snow Clearing Services.
  • Term means the period commencing on November 1st and ending April 30th.

2. Subject Property

  • The Customer(s) represent they are the owner(s) of the Subject Property.
  • If the Customer(s) are not the owner(s), they represent they have the authority to contract on behalf of the owner(s).

3. License to Provide Services

  • The Customer(s) hereby grant the Contractor a license to attend the Subject Property during the Term to provide Snow Clearing Services.

4. Time of Service

  • Services will be provided following accumulation of approx. 5 cm of snowfall.
  • Snowfall less than 5 cm is the responsibility of the homeowner.
  • Timing of visits varies with each snowfall.
  • Service includes follow-up after City plows and during prolonged snowfalls.
  • If forecast calls for 5–10 cm, Contractor may wait until snowfall ends.
  • No overnight service for snowfall less than 7 cm.

5. Driveway Markers

  • Contractor may install two border markers on the street side of the driveway prior to the Term.

6. Snow Storage

  • If space is inadequate, Customer(s) agree Contractor may use driveway edges or make arrangements with a neighbor.

7. Excluded Services

The following are excluded:

  1. Stacking of snow
  2. Hauling of snow
  3. Removal of snow
  4. Sanding
  5. Salting
  6. De-icing
  7. Removal of hard-packed snow
  8. Removal of snow humps at driveway bottom
  9. Scraping slush or uneven driveways from warm weather

8. Walkway Services

  • Included only in specific packages.
  • If agreed:
    1. Performed separately at end of snowfalls 5 cm or more.
    2. Excludes roof snow, drifting, or ice from freezing rain/sleet.
    3. Includes garage fronts, steps, and walkway.
    4. May take up to 24 hours post-snowfall.
    5. Ice melt applications (if included) do not create liability.

9. Payment

  • Estimates valid for 30 days.
  • Up to 6 installment payments allowed.
  • Payments non-refundable except under Contractor’s guarantee.
  • Payment by credit card or e-transfer only.

10. Payment Deadline

  • All additional fees due by April 30 of the contracted year.

11. Interest

  • Overdue payments accrue 2% monthly.

12. Contractor’s Guarantee

  • Customer may terminate and receive refund if dissatisfied, provided:
    1. Agreement executed on or before Dec 1.
    2. Payment made per section 9b.
    3. Contractor notified in writing within 24 hours of first service.

13. Customer Responsibilities

  • Remove removable lamppost lights before Term.
  • Contractor not responsible for damage to unremoved items.
  • Provide 12 ft clearance for equipment (except walkways).
  • Remove items from serviced area before snowfall.
  • Contractor not liable for damage to items left (e.g., nets, bins, toys, lights).
  • Basketball nets must be rotated/removed for clearance.
  • Remove gutter downpipe extensions before Term.
  • Failure to comply may result in service exclusion.

14. Vehicles

  • If vehicles block access, Contractor clears only accessible areas.
  • No repeat service if vehicles not moved after alert.

15. City Services

  • Contractor not affiliated with municipal snow clearing.

16. Waiver of Liability / Indemnification

Contractor not liable for:

  1. Damage to lawn, trees, or gardens.
  2. Rocks, sand, or debris blown onto lawn.
  3. Scratches, rust, chips, cracks, or damage to driveway/serviced area.
  • Contractor not responsible for slippery/icy conditions.
  • Customer indemnifies Contractor for related claims.
  • Customer must maintain Home Insurance during Term.
  • Safe sanding/salting is Customer’s responsibility.

17. Limitation

  • Damage claims must be reported within 48 hours.
  • Contractor’s liability capped at $1,000 per claim.

18. Termination

  • Agreement may be void if Customer breaches terms.

19. Relocation

  • Agreement not canceled/refunded if Customer relocates.
  • Agreement may be assigned to new owner or transferred if within service area and same size.

20. General Terms

  • Customer(s) agree to pay Contractor’s enforcement costs, including legal fees.
  • Customer(s) agree to pay damages and legal costs of Contractor for related claims.
  • Invalid terms are severable; remainder remains valid.
  • This Agreement is the entire agreement.
  • Governed by laws of Newfoundland and Labrador.