Terms of Service Agreement

1. Scope of Service

Pembina Valley Snow (“PVS”) agrees to provide residential driveway snow-clearing services to the customer location specified in the signup form.

Included:

• Snow blowing of driveway surface
• Clearing of end-of-driveway ridge (plow ridge)
• Installation and removal of driveway marking stakes
• Text/email notifications (optional)

Not Included (unless separately contracted):

• Sidewalks, steps, entrances, or walkways
• Hauling or relocating snow piles off property
• Ice removal or sanding
• Clearing snow around parked vehicles or obstructions
• Clearing beyond the driveway boundary line

2. Trigger Amount for Service

Economy Pass

• Clearing triggered at 5 cm accumulation or greater

Standard Pass

• Clearing triggered at 3 cm accumulation or greater
• Additional clearing for ridge/build-up as needed

Premium Pass

• Clearing triggered at 2–3 cm
• Priority routing during large storms
• Extra clearing for drifting/heavy accumulation

Measurement is determined using Environment Canada weather stations for Morden/Winkler. Customer-based measurements or sidewalk ruler measurements do not override official measurements.

3. Storm Timing and Service Window

• Service is typically performed overnight or early morning, depending on storm timing.
• Premium customers may receive multiple passes during prolonged storms.
• PVS does not guarantee specific arrival times.
• During city plow operations, ridge removal may occur after the primary pass.

4. Seasonal Snowfall Limit (“Cap”)

Standard Pass Cap: 180 cm total seasonal snowfall

Premium Pass Cap: 200 cm total seasonal snowfall

Seasonal snowfall is based on Environment Canada data for Morden/Winkler.

Surcharge Schedule: If the cap is exceeded:

• +10% if total seasonal snowfall exceeds the cap by up to 40 cm
• +20% if total seasonal snowfall exceeds the cap by 41–80 cm
• +30% if total seasonal snowfall exceeds the cap by 81 cm or more

Surcharges are billed at the end of the season.

5. Customer Responsibilities

Customer must:

• Keep driveway free of obstacles (garbage bins, sports nets, vehicles, trailers, etc.)
• Park vehicles to allow access
• Maintain safe ground conditions (no exposed pipes, holes, or construction hazards)
• Notify PVS within 48 hours of visible damage

If PVS cannot safely access the driveway due to obstructed areas, the service may be skipped without refund.

6. PVS Responsibilities

PVS shall:

• Install driveway markers prior to winter
• Remove markers in spring
• Operate equipment safely and professionally
• Maintain insurance appropriate for operations
• Communicate storm cycles and route progress electronically (when possible)

7. Damage & Liability

PVS is responsible for:

• Physical property damage directly caused by equipment or staff negligence

PVS is not responsible for:

• Damage to hidden obstacles beneath snow
• Damage to landscaping not marked by the customer
• Gravel displacement on gravel driveways
• Damage caused by parked vehicles
• Ice conditions or slipping hazards
• City-plow-created damage

Maximum liability is limited to the total price of the customer’s paid contract.

8. Payment Terms

• Contracts may be paid in full or via approved installment plan.
• Payments are due before start of service.
• Late/non-payment may suspend service.
• Returned checks or reversed transactions may incur fees.

9. Contract Cancellation

By the Customer:

• Customer may cancel within 7 days of first service visit
• Refund is prorated, minus a 10% administration fee
• After 7 days and service initiation, no refunds are issued

By PVS:

• PVS may cancel service due to: Unsafe driveway conditions, Abusive conduct toward staff, Non-payment
• Refund will be prorated for cancelled portion of season.

10. Guarantee

If the customer is not satisfied with the first clearing:

• PVS will re-clear at no cost OR
• Customer may cancel and receive a refund minus setup/admin fee

11. Force Majeure

PVS is not liable for service delays caused by:

• Equipment breakdown during storm event
• Extreme blizzard conditions
• Road closures or city-imposed travel bans
• Natural disaster, emergency, or catastrophe

Service will resume as soon as conditions reasonably allow.

12. Referral Policy

• Maximum limit: 2 referrals per customer account count towards rewards.
• 1 Referral: Referrer earns a free Premium Upgrade for the following season.
• 2 Referrals: Referrer AND both Referees earn free Premium Upgrades for the following season.
• Upgrades apply regardless of the tier purchased.
• Benefits apply to the next winter season.

13. Acceptance of Terms

By signing electronically, paying for service, or receiving service, the customer agrees to all terms stated herein.