The terms that govern our website and services, together with our deposit and refund policy.
Important. These Terms govern your use of this website and set out the general terms on which Splinter Guys LTD. ("Splinter Guys", "we", "us", "our") offers its services. Where you engage us for a project, a separate written quote, work order, or service agreement (the "Project Agreement") will also apply. If anything in these Terms conflicts with a signed Project Agreement, the signed Project Agreement controls for that project.
Nothing in these Terms limits or excludes any right, warranty, or remedy that cannot be limited or excluded under applicable law, including the Consumer Protection Act (Alberta), the Sale of Goods Act (Alberta), the Prompt Payment and Construction Lien Act (Alberta), or liability for death or personal injury caused by our negligence. Those rights are preserved.
By accessing or using this website, requesting a quote, or engaging Splinter Guys for services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use the website or submit service requests.
These Terms apply to all website visitors, customers, and users. You confirm that you are at least 18 years of age, the owner of the property (or an authorized agent of the owner with authority to approve the work), and able to enter into a binding agreement.
Splinter Guys provides outdoor construction services including but not limited to:
All services are subject to availability, site conditions, material supply, weather, and scheduling capacity. The final scope, specifications, and pricing of any project are governed by the Project Agreement. We may decline, pause, or discontinue any project where conditions are unsafe, where required information or approvals are not provided, or where payment terms are not met.
Quotes and estimates provided through the website, email, phone, or in person are non-binding approximations based only on the information available at the time and on visible site conditions. They are not a guarantee of final price.
Final pricing may change, and additional charges may apply, due to (without limitation):
Unless stated otherwise in writing, quotes are valid for the limited time period stated on the estimate and, after that, are subject to re-pricing. Verbal quotes are estimates only and are superseded by any written Project Agreement.
Project scheduling may require a deposit. By paying a deposit, the Customer authorizes Splinter Guys to reserve labour and order or purchase materials, and confirms acceptance of these Terms and the applicable Project Agreement.
Payment terms will be set out in the Project Agreement and may include a deposit, progress payments at defined milestones, and final payment due on substantial completion.
We retain all lien and other rights available to us under the Prompt Payment and Construction Lien Act (Alberta). The parties acknowledge the statutory holdback and prompt-payment provisions of that Act apply where required by law.
Any change to the scope, design, materials, or location of the Work must be agreed in writing (including by email or signed change order) before it is carried out. Approved changes may adjust the price and the schedule. Verbal change requests are not binding, and Splinter Guys is not obligated to perform unwritten changes. Work reasonably required to address concealed or unforeseen conditions may proceed as extra work and is billable.
Cancellations and schedule changes must be made in writing with reasonable notice. Deposits are non-refundable once materials are ordered or labour has been scheduled, as further described in our Refund Policy below and in the Project Agreement.
If the Customer cancels after work has begun, the Customer remains responsible for all labour performed, materials ordered or supplied, and reasonable costs and committed expenses incurred up to the cancellation, plus any non-recoverable supplier charges.
Splinter Guys may reschedule work as needed due to weather, safety, supply, or staffing conditions, and is not liable for delays arising from such causes.
The Customer agrees, at the Customer's expense, to:
Splinter Guys will request locates for public utilities where required by law (e.g. Alberta One-Call / Utility Safety Partners). The Customer is solely responsible for locating private/buried services, and Splinter Guys is not liable for damage to undisclosed or improperly marked utilities, lines, or features.
The Customer is responsible for the condition and suitability of the Site. Splinter Guys is not responsible for, and may charge as extra work to address, conditions that are not reasonably visible at the time of quoting, including rock, debris, fill, poor or unstable soil, high water tables, drainage problems, frost heave, root systems, contamination, or pre-existing structural, grading, or code deficiencies. Splinter Guys is not responsible for pre-existing defects or the condition of adjacent or connected structures.
Unless expressly agreed in writing in the Project Agreement, obtaining and paying for permits, development approvals, inspections, and association/condo approvals is the Customer's responsibility. Where Splinter Guys assists with or obtains a permit on the Customer's behalf, it does so as a convenience and is not liable for municipal delays, refusals, fees, conditions, or for work or changes required by an authority having jurisdiction. The Customer is responsible for ensuring the requested design and location comply with restrictive covenants, setbacks, and bylaws.
Timelines provided are estimates only. Splinter Guys is not liable for delays or for any resulting loss caused by events beyond its reasonable control, including weather, frozen or saturated ground, material or supplier shortages or delays, freight disruptions, labour shortages, illness, strikes, fire, equipment failure, utility-locate delays, permit or inspection delays, acts of third parties, or acts of God. In such events, the time for performance is extended accordingly, and rescheduling is not a breach of these Terms or the Project Agreement.
Subject to full payment and to the exclusions below, Splinter Guys warrants that its installation workmanship will be free from material defects for a period of three (3) years from the date of substantial completion (the "Workmanship Warranty"). This is a limited warranty and is the Customer's sole and exclusive warranty from Splinter Guys.
The Workmanship Warranty does not cover, and Splinter Guys is not responsible for:
The Customer's exclusive remedy under the Workmanship Warranty is, at Splinter Guys' option, repair or correction of the defective workmanship. Warranty claims must be made in writing within the warranty period. Manufactured and composite products carry only the applicable manufacturer warranties, which are passed through to the Customer; Splinter Guys makes no separate warranty on such products. This warranty is non-transferable unless agreed in writing.
Natural materials such as wood vary in colour, grain, texture, and behaviour, and will move and change with temperature and humidity. Minor variations, movement, gaps, surface checking, and seasonal changes are normal, are to be expected, and are not considered defects. Composite and manufactured products are subject to the manufacturer's warranties and specifications, not Splinter Guys' warranties, unless stated otherwise in writing.
Except for the limited Workmanship Warranty in Section 12 and any warranty expressly stated in a signed Project Agreement, and to the maximum extent permitted by law, all services, materials, and website content are provided "as is" and "as available", and Splinter Guys disclaims all other representations, conditions, and warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of merchantability, fitness for a particular purpose, and durability. This Section does not exclude any condition or warranty that cannot lawfully be excluded under the Sale of Goods Act (Alberta), the Consumer Protection Act (Alberta), or other applicable law.
To the maximum extent permitted by law:
Nothing in these Terms limits liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited or excluded under applicable law. Any claim against Splinter Guys must be commenced within the time period required by the Limitations Act (Alberta), and in any event the Customer agrees to provide written notice of any concern as set out in Section 21.
To the maximum extent permitted by law, the Customer agrees to indemnify and hold harmless Splinter Guys and its owners, employees, and subcontractors from and against any claims, damages, losses, fines, and reasonable costs (including legal fees) arising from: (a) inaccurate, incomplete, or misleading information provided by the Customer, including property-line, boundary, or utility information; (b) work performed to the Customer's specific instructions or using Customer-supplied materials or designs; (c) the Customer's breach of these Terms or the Project Agreement; (d) claims by neighbours, associations, or authorities relating to the location, encroachment, or approval of the Work; or (e) the Customer's failure to obtain required permits or approvals. This Section does not require the Customer to indemnify Splinter Guys for losses caused by Splinter Guys' own negligence or wilful misconduct.
Splinter Guys builds based on the boundaries, layout, and instructions provided by the Customer. The Customer is solely responsible for the accuracy of property lines and for any encroachment, setback, or boundary dispute. Where the Customer directs the location or method of the Work, the Customer accepts the associated risk, and Splinter Guys is not liable for relocation, removal, or related costs arising from incorrect Customer-provided information or instructions.
Splinter Guys maintains liability insurance and workers' coverage as required for its operations. Proof of coverage is available on request. The Customer is responsible for maintaining adequate property insurance on the Site and existing structures.
Unless the Customer notifies us in writing otherwise before work begins, the Customer grants Splinter Guys a non-exclusive, royalty-free licence to photograph and video the completed Work and to use those images for portfolio, website, social media, and advertising purposes. No personal information or identifying property details will be published without consent.
You agree to use this website only for lawful purposes. You may not attempt to breach website security, submit false or misleading information, interfere with site operation, or copy or reuse content without permission. All website content, including text, logos, images, and design elements, is the property of Splinter Guys or its licensors and may not be copied or reused without written permission. This website may contain links to third-party websites; Splinter Guys is not responsible for their content, policies, or practices.
If the Customer has any concern about the Work, the Customer must first notify Splinter Guys in writing and allow Splinter Guys a reasonable opportunity (at least thirty (30) days) to inspect and, where appropriate, repair or address the concern before engaging others, withholding payment, or commencing a claim. Failure to provide this notice and opportunity to cure may limit Splinter Guys' responsibility for the issue.
The parties agree to attempt in good faith to resolve disputes informally and, failing that, through mediation in Alberta before commencing court proceedings, except where urgent or injunctive relief, or the registration or enforcement of a lien, is required.
These Terms and any Project Agreement are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Subject to Section 21, the parties submit to the exclusive jurisdiction of the courts of the Province of Alberta (Calgary judicial centre), except that nothing prevents Splinter Guys from enforcing its rights or registering a lien in any jurisdiction where the Site is located.
Use of this website is also governed by our Privacy Policy. By using the site, you consent to our data practices as described there.
Splinter Guys may update these Terms and Conditions at any time. Updated versions will be posted on this page with a new effective date. The version in effect at the time a project is booked applies to that project unless a signed Project Agreement states otherwise. Continued use of the site indicates acceptance of changes.
For questions regarding these Terms and Conditions:
Splinter Guys LTD.
Calgary, AB Canada
Inquiries@splinterguys.com
403-998-7755
Deposit and Refund Policy
This Refund Policy explains how project deposits and payments are handled. It applies to all customers and forms part of our Terms and Conditions above and the Project Agreement. Deposits are used to secure scheduling, allocate labour, and reserve or purchase materials, and are non-refundable except as expressly stated below or as required by law.
Summary. A deposit may be refunded only if cancellation is requested in writing within 72 hours of payment. After 72 hours the deposit is fully non-refundable. Once work has begun or materials have been ordered, amounts paid are non-refundable to the extent of the costs and commitments incurred. Completed work is final and non-refundable.
A customer may request a refund of the deposit by giving written notice within seventy-two (72) hours of the time the deposit is paid. After 72 hours from payment, the deposit becomes fully non-refundable, with no exceptions. This applies regardless of project size, scheduling date, change of mind, or later cancellation by the customer.
By paying a deposit and providing written acceptance of these Terms and the Project Agreement, the customer acknowledges and agrees to this 72-hour deposit refund window and to the commencement of scheduling and material commitments.
After the 72-hour window closes, deposits are non-refundable because, once committed, they are applied toward:
Once these resources are committed, the deposit cannot be recovered.
If the contract is cancelled after work has started or materials have been ordered or supplied, you remain responsible for, and we may retain or invoice for: all labour performed, all materials ordered, purchased, or installed, all non-recoverable supplier and restocking charges, and reasonable costs and committed expenses incurred up to the cancellation. The deposit is applied against these amounts first; any shortfall remains payable.
Once a project is substantially complete, all payments are final and non-refundable. Final payment is consideration for work performed and materials supplied, and is not a deposit. Completion is not refundable on the basis of change of mind, subjective preference, normal characteristics of natural materials, or matters within industry-standard tolerances. Your sole remedy for a genuine workmanship concern is under the Workmanship Warranty in Section 12 of our Terms and Conditions, which requires written notice and an opportunity to inspect and repair before any other remedy is pursued.
Rescheduling may be permitted at Splinter Guys' discretion instead of cancellation. If approved, the project must be completed within thirty (30) days of the customer's reschedule request. Rescheduling cannot be used to delay the project indefinitely or move it far into the future, and is subject to schedule availability and material status. Deposits remain non-refundable and are carried to the rescheduled date.
All cancellation and refund requests must be made in writing to:
Inquiries@splinterguys.com | Splinter Guys LTD., Calgary, AB Canada
Your request must include the customer name, service address, and the invoice or quote number, and should be sent by a method that allows you to prove it was sent (for example, email). The date we receive your written notice is the date used to determine whether the 72-hour window was met.
Approved refunds are returned using the original payment method where possible. Processing times may vary depending on the payment provider. Where permitted by law, non-recoverable third-party transaction, processing, or service fees may be deducted from the refunded amount.
By making a payment, you agree not to initiate a chargeback or payment dispute for amounts properly owing under these Terms or a Project Agreement. Improper chargebacks for completed work or non-refundable deposits may be contested with your payment provider and may be pursued as a debt, together with reasonable recovery costs.
Nothing in this Refund Policy limits or removes any right or remedy that cannot lawfully be waived or restricted under applicable consumer protection law. Where this policy conflicts with such a non-waivable right, that right prevails to the extent of the conflict.
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