Terms of Service

JDS Earthworks

Effective Date: 2023/09/06

These Terms of Service ("Terms") govern your access to and use of the services provided by JDS Earthworks ("Company," "we," "our," or "us"), including septic installation, excavation services, and any related services (collectively referred to as the "Service"). By engaging with our services, visiting our site, or entering into any agreements with us, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must refrain from using the Service.

1. Acceptance of Terms

By requesting or using our services, you confirm that you have read, understood, and agree to these Terms. JDS Earthworks reserves the right to update or modify these Terms at any time. Any changes will be effective upon posting the updated Terms on our website. Your continued use of our Service following any changes constitutes acceptance of the revised Terms.

2. Scope of Services

- JDS Earthworks provides professional services including but not limited to:

- Septic System Installation and Maintenance

- Excavation Services for Residential and Commercial Projects

- Land Grading and Clearing

- Drainage Solutions and Trenches

- Foundation Digging

All services will be performed according to industry standards and in compliance with local regulations and permits. It is the responsibility of the client ("you") to ensure that all required permits and regulatory approvals are secured before the commencement of work unless otherwise agreed in writing.

3. Estimates, Contracts, and Payments

Estimates and Quotes: Any estimates provided are subject to change based on unforeseen conditions, additional work required, or changes in scope by the client. Final prices will be outlined in the service contract.

Contracts: A signed contract is required before work begins. The contract will outline the scope of work, project timeline, payment terms, and responsibilities of both parties.

Payments: Payments are due according to the terms outlined in the contract. Failure to make payments on time may result in the suspension or termination of services. Late payments may incur interest charges as specified in the contract.

4. Site Conditions and Responsibilities

Site Preparation: It is the client’s responsibility to ensure the site is prepared for our services. This includes removing any obstructions such as vehicles, equipment, or debris that may impede our work.

Access to the Site: The client is responsible for providing safe and adequate access to the site. Any delays caused by restricted access may result in additional charges.

Utility Marking: The client is responsible for ensuring that underground utilities (e.g., gas, water, electrical lines) are marked prior to the start of excavation. JDS Earthworks is not responsible for any damages to unmarked utilities.

5. Warranties and Guarantees

We guarantee our workmanship for a specified period (as detailed in the contract) from the date of project completion. This warranty does not cover damage resulting from:

- Improper maintenance or negligence by the client

- Unauthorized modifications or repairs by third parties

- Natural events (e.g., flooding, earthquakes) beyond our control

- Pre-existing site conditions not disclosed to us prior to the start of work

Specific warranties related to septic systems and excavation services will be detailed in the individual service contracts.

6. Limitations of Liability

To the fullest extent permitted by law, JDS Earthworks and its employees, contractors, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to the services provided, including but not limited to:

- Property damage resulting from excavation or septic installation

- Personal injury on the worksite

- Loss of profits or business interruption

- Environmental damage

Our total liability, whether in contract, tort, or otherwise, shall not exceed the amount paid by the client for the specific service provided.

7. Client Responsibilities and Indemnification

You agree to indemnify, defend, and hold harmless JDS Earthworks, its employees, subcontractors, and agents from any and all claims, damages, losses, liabilities, or expenses (including legal fees) arising from:

- Your failure to secure the necessary permits or regulatory approvals

- Any incorrect or incomplete information provided regarding the site or project

- Damage caused by unmarked or inaccurately marked underground utilities

- Any third-party claims related to the site or project

8. Delays and Force Majeure

We will make every reasonable effort to complete projects within the agreed timelines. However, JDS Earthworks is not responsible for delays caused by:

- Weather conditions

- Unforeseen site conditions (e.g., rocky soil, hazardous materials)Permitting or regulatory issues

- Delays caused by third parties

- Acts of God, natural disasters, or other force majeure events beyond our control

In the event of a delay, we will communicate with you promptly and adjust project timelines as necessary.

9. Termination

Either party may terminate the contract at any time by providing written notice. If you terminate the contract, you will be responsible for payment of services rendered up to the termination date, including any reasonable costs incurred in demobilizing the site.

JDS Earthworks reserves the right to terminate or suspend services if you fail to comply with these Terms, make timely payments, or fail to meet your obligations under the contract.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms or the services provided by JDS Earthworks will be brought exclusively in the federal or provincial courts located in Ottawa, Ontario.

11. Changes to the Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our services following such changes constitutes your acceptance of the modified Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at: