Terms of Service

These Terms of Service ("Terms") govern your use of the Kowski Construction website and landscaping services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.

1. Acceptance of Terms

By requesting a quote, booking a consultation, or engaging Kowski Construction for landscaping services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and other applicable policies.

2. Services Offered

Kowski Construction provides professional landscaping services in Calgary and surrounding areas, including but not limited to:

• Hardscape installation (paver stones, retaining walls, stone boulders)
• Softscape installation (sod, irrigation systems, artificial turf, planting)
• Excavation and grading services
• Landscape design and consultation
• Project management and installation

All services are subject to availability and may vary based on season, weather conditions, and project specifications.

3. Quotes and Estimates

3.1 Quote Requests

Quotes provided by Kowski Construction are estimates based on the information provided by the client and preliminary site assessments. Final pricing may be adjusted based on:

• Actual site conditions discovered during work
• Changes to project scope requested by the client
• Unforeseen complications or obstacles
• Material price fluctuations
• Additional work required for code compliance

3.2 Quote Validity

All quotes are valid for 30 days from the date of issue unless otherwise specified. After this period, pricing may be subject to change based on material costs and scheduling availability.

3.3 Free Consultations

Initial consultations are provided free of charge within our service area. Consultations outside our standard service area may incur a travel fee, which will be communicated in advance.

4. Booking and Scheduling

4.1 Project Booking

To secure a project booking, clients must:

• Review and sign a written contract or agreement
• Provide a deposit as specified in the contract (typically 30-50% of total project cost)
• Confirm project start date and timeline

4.2 Scheduling

Project schedules are provided as estimates and may be affected by:

• Weather conditions
• Material availability
• Unforeseen site conditions
• Municipal permit delays

We will make reasonable efforts to adhere to the agreed schedule and will communicate any delays promptly.

4.3 Cancellations and Rescheduling

For our complete cancellation and rescheduling policies, please refer to our Online Booking Policy.

5. Payment Terms

5.1 Payment Structure

Unless otherwise agreed in writing, payments are structured as follows:

• Deposit: 30-50% due upon contract signing
• Progress Payment: 25-40% due at project midpoint or upon material delivery
• Final Payment: Remaining balance due upon project completion and client approval

5.2 Payment Methods

We accept the following payment methods:

• Cash
• Credit/Debit Cards (Visa, Mastercard, American Express)
• Electronic bank transfer (e-transfer)
• Company cheque

5.3 Late Payments

Invoices not paid within 14 days of the due date may be subject to a late payment fee of 2% per month (26.8% per annum). Kowski Construction reserves the right to suspend work on projects with outstanding payment balances.

5.4 Rates and Pricing

For detailed information about our pricing structure, please refer to our Rates Policy.

6. Client Responsibilities

Clients are responsible for:

• Providing accurate information about the property and project requirements
• Ensuring access to the work site during scheduled work hours
• Securing any necessary permits or approvals (unless otherwise agreed)
• Marking underground utilities and irrigation lines
• Removing or protecting personal property in work areas
• Ensuring pets are secured during work hours
• Informing us of any site hazards or special conditions
• Making timely payments according to the agreed schedule

7. Warranties and Guarantees

7.1 Workmanship Warranty

Kowski Construction warrants that all work will be performed in a professional and workmanlike manner. We offer a one-year warranty on installation workmanship from the date of project completion.

7.2 Material Warranties

Materials are covered by manufacturer warranties, which vary by product. We will provide warranty information for materials used in your project.

7.3 Warranty Exclusions

Warranties do not cover:

• Damage caused by client negligence or improper maintenance
• Normal wear and tear
• Damage from extreme weather events or acts of nature
• Damage caused by third parties
• Modifications made by others after project completion
• Plant material (living plants have separate warranty terms)

8. Limitation of Liability

To the maximum extent permitted by law, Kowski Construction's liability is limited to the amount paid by the client for the specific services in question. We are not liable for:

• Indirect, incidental, or consequential damages
• Damage to underground utilities not properly marked
• Delays caused by weather, material shortages, or other factors beyond our control
• Damage to lawns or landscaping caused by necessary access to work areas
• Pre-existing conditions not disclosed by the client

9. Insurance and Licensing

Kowski Construction maintains appropriate liability insurance and workers' compensation coverage. We are a licensed and insured landscaping contractor operating in Calgary, Alberta. Proof of insurance can be provided upon request.

10. Intellectual Property

All designs, plans, and creative work produced by Kowski Construction remain our intellectual property unless otherwise agreed in writing. Clients receive a license to use designs for their specific project but may not reproduce or distribute them without permission.

11. Photography and Marketing

Kowski Construction may photograph completed projects for marketing purposes, including use on our website, social media, and promotional materials. If you prefer your project not be photographed or used in marketing, please notify us in writing.

12. Dispute Resolution

12.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation.

12.2 Mediation

If informal resolution fails, parties agree to participate in mediation before pursuing legal action.

12.3 Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any legal proceedings shall be conducted in Calgary, Alberta.

13. Force Majeure

Kowski Construction is not liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (floods, fires, earthquakes)
• Extreme weather conditions
• Government actions or regulations
• Labor disputes
• Material shortages
• Pandemic or public health emergencies

14. Modifications to Terms

Kowski Construction reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with any written contract or agreement for specific services, constitute the entire agreement between the client and Kowski Construction, superseding all prior negotiations, representations, or agreements.

17. Contact Information

For questions about these Terms of Service, please contact us:

Kowski Construction
Email: hello@kowskiconstruction.ca
Phone: (403) 831-1563
Service Area: Calgary, AB and surrounding areas