Terms of Service for Maple Nest Bird Houses Ltd.

Effective Date: September 28, 2026

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern your access to and use of the website, products, services, content, and communications offered by Maple Nest Bird Houses Ltd. (“Maple Nest Bird Houses Ltd.,” “we,” “us,” or “our”). By accessing our website, requesting a quote, placing an order, purchasing products, or otherwise engaging our services, you agree to be bound by these Terms and all applicable laws and regulations of Canada and the province of British Columbia.

If you do not agree to these Terms, you must not use our services or place any order with Maple Nest Bird Houses Ltd.

These Terms apply to all customers, including individual consumers, retailers, contractors, and other business clients, unless a separate written agreement signed by Maple Nest Bird Houses Ltd. expressly states otherwise.

2. Scope of Services

Maple Nest Bird Houses Ltd. provides the following services and related products:

• Custom bird house design;
• Weather-resistant bird house construction;
• Bird house installation guidance;
• Seasonal maintenance and cleaning advice;
• Eco-friendly material selection;
• Wholesale bird house supply for retailers; and
• Garden and backyard habitat planning.

Any project specifications, product descriptions, estimates, timelines, drawings, mock-ups, material selections, delivery schedules, or installation guidance provided by Maple Nest Bird Houses Ltd. are intended to assist planning and may be subject to change based on availability of materials, site conditions, weather, supplier constraints, and customer approval.

Unless expressly agreed in writing, Maple Nest Bird Houses Ltd. does not provide structural engineering, architectural, pest control, wildlife management, or land-use consulting services. Any installation guidance provided is informational only and must be reviewed by the customer for suitability to the site and compliance with applicable laws, bylaws, and safety standards.

3. User Obligations and Responsibilities

You agree to provide accurate, current, and complete information when requesting a quote, placing an order, or communicating with us. You are responsible for ensuring that all information you provide, including site measurements, access details, design preferences, delivery instructions, and contact information, is correct.

You further agree to:

• Use our products and services only for lawful purposes;
• Comply with all applicable federal, provincial, and municipal laws, bylaws, and regulations in Canada;
• Obtain any required permits, approvals, or homeowner association permissions relating to placement, installation, or use of bird houses;
• Ensure the installation location is safe, accessible, and suitable for the intended product;
• Follow all care, maintenance, and cleaning instructions we provide;
• Not misuse, alter, reverse engineer, resell, or copy our proprietary designs without our prior written consent, except as permitted by law;
• Not use our products in any manner that could harm birds, wildlife, people, pets, or property.

For wholesale customers, you are responsible for maintaining appropriate business records, applicable resale registrations, and compliance with consumer protection, labeling, and sales tax obligations applicable to your business.

4. Payment Terms and Conditions

Prices, fees, and charges will be communicated through a quotation, invoice, order confirmation, or published pricing, as applicable. All prices are stated in Canadian dollars unless otherwise indicated.

Unless otherwise agreed in writing:

• A deposit may be required before design work, material procurement, or production begins;
• Full payment may be required before delivery, pickup, or shipment;
• Custom orders may require non-refundable or partially refundable deposits to cover design and material costs;
• Wholesale orders may be subject to minimum purchase quantities and separate commercial payment terms;
• Applicable taxes, including GST, PST, HST, or other taxes, will be added where required by law.

Invoices are payable by the due date stated on the invoice or order confirmation. Late payments may result in delayed production, suspended delivery, cancellation of the order, or interest charges to the extent permitted by law and disclosed in advance.

If a payment is reversed, disputed, or declined, you are responsible for all resulting bank, processing, chargeback, collection, and administrative fees permitted by law.

5. Cancellation and Refund Policy

Because many of our products are made to order or customized, cancellations and refunds are subject to the following conditions unless a separate written agreement states otherwise:

• Custom and personalized orders: Once design work, material procurement, or production has begun, cancellations may not be accepted or may be subject to a cancellation fee.
• Standard stock items: Cancellations may be allowed before shipment or pickup, subject to restocking or processing fees where permitted by law.
• Wholesale orders: Cancellations may be limited once materials have been reserved, production has started, or the order has been partially fulfilled.
• Digital guidance or consulting: Fees paid for completed consultations, planning advice, or downloadable materials are generally non-refundable once delivered or accessed.

Refunds, if approved, will be issued using the original payment method where practicable and within a reasonable time after approval. Shipping charges, handling fees, payment processing fees, and costs already incurred for custom work may be non-refundable to the extent permitted by law.

Nothing in these Terms limits any mandatory rights you may have under applicable consumer protection laws in Canada or British Columbia that cannot be waived.

6. Liability Limitations

To the fullest extent permitted by applicable law, Maple Nest Bird Houses Ltd. shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of goodwill, loss of data, or business interruption, arising from or related to your use of our services or products.

Without limiting the generality of the foregoing, Maple Nest Bird Houses Ltd. is not responsible for damages or losses resulting from:

• Improper installation, handling, maintenance, storage, or use of products;
• Customer-provided measurements, site conditions, or instructions that are incomplete, inaccurate, or misleading;
• Natural weather events, wildlife activity, pest activity, vandalism, theft, or acts of third parties;
• Failure to obtain permits, approvals, or compliance with laws and bylaws;
• Changes in materials availability, supplier delays, or force majeure events;
• Any guidance used outside its intended purpose.

To the fullest extent permitted by law, the total aggregate liability of Maple Nest Bird Houses Ltd. for any claim arising out of or relating to the services, products, or these Terms shall not exceed the amount paid by you to Maple Nest Bird Houses Ltd. for the specific product or service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, fraud, or wilful misconduct where such exclusion would be unlawful.

7. Intellectual Property Rights

All content created by Maple Nest Bird Houses Ltd., including product designs, drawings, plans, templates, photographs, text, graphics, logos, branding, and website materials, is owned by or licensed to Maple Nest Bird Houses Ltd. and is protected by applicable intellectual property laws in Canada.

Unless expressly agreed in writing, no ownership rights are transferred to you. Upon full payment, you receive a limited, non-exclusive, non-transferable license to use the purchased product for its intended purpose.

For custom projects, any concept sketches, design files, or planning documents remain the property of Maple Nest Bird Houses Ltd. unless otherwise agreed in writing. You may not reproduce, distribute, publicly display, modify, or create derivative works from our protected materials without prior written consent, except where such use is permitted by law.

If you provide feedback, suggestions, or ideas, you grant Maple Nest Bird Houses Ltd. a non-exclusive, royalty-free, worldwide, perpetual license to use that feedback for business, product, and service improvement purposes without obligation to compensate you.

8. Data Protection and Privacy

Maple Nest Bird Houses Ltd. collects, uses, discloses, and protects personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable British Columbia privacy requirements.

We may collect personal information such as your name, contact information, billing and shipping details, project preferences, communication records, and payment-related information necessary to provide services, process transactions, maintain records, and respond to inquiries.

We use personal information for purposes including:

• Providing quotations, products, and services;
• Processing payments and issuing invoices;
• Arranging delivery, pickup, or service coordination;
• Communicating about projects, updates, and support;
• Maintaining business records and meeting legal obligations;
• Preventing fraud, misuse, or unauthorized activity.

We take reasonable administrative, technical, and physical safeguards designed to protect personal information. However, no system is completely secure, and we cannot guarantee absolute security.

Where we engage third-party service providers, such as payment processors, shipping partners, or hosting providers, personal information may be disclosed to the extent reasonably necessary to complete transactions and provide services. Please contact us for questions regarding our privacy practices or to request access to or correction of your personal information, subject to lawful exceptions.

9. Force Majeure

Maple Nest Bird Houses Ltd. shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by events beyond our reasonable control, including but not limited to:

• Natural disasters, severe weather, floods, fires, earthquakes, or storms;
• War, terrorism, civil unrest, labor disputes, strikes, or lockouts;
• Government actions, restrictions, embargoes, or regulatory changes;
• Supply chain disruptions, material shortages, transportation failures, or utility outages;
• Cyberattacks, system outages, or failures of third-party platforms;
• Pandemics, public health emergencies, or related public restrictions.

If a force majeure event occurs, we may suspend performance, extend timelines, allocate available inventory fairly, or cancel affected orders if necessary.

10. Changes to Terms

Maple Nest Bird Houses Ltd. may update, amend, or replace these Terms at any time to reflect changes in our business practices, legal obligations, or service offerings. Updated Terms will become effective when posted on our website or otherwise communicated to you, unless a later effective date is stated.

Your continued use of our website, products, or services after the effective date of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must discontinue use of our services and, where applicable, refrain from placing additional orders.

11. Applicable Law and Jurisdiction

These Terms, and any dispute, claim, or controversy arising out of or relating to them, the services, or any transaction with Maple Nest Bird Houses Ltd., shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

You agree that the courts of British Columbia, sitting in Vancouver, shall have exclusive jurisdiction over any dispute arising from or related to these Terms, except where applicable law requires otherwise or where Maple Nest Bird Houses Ltd. elects to pursue relief in another competent forum for collection, injunctive, or equitable relief.

12. Contact Information

If you have any questions, concerns, cancellation requests, warranty inquiries, privacy requests, or complaints regarding these Terms or our services, please contact:

Maple Nest Bird Houses Ltd.
1848 West 2nd Avenue
Vancouver, BC V6J 1J1
Canada
Email: [email protected]
Phone: +1 (604) 718-4927

13. Severability Clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, if possible, and the remaining provisions shall remain in full force and effect.

The failure of Maple Nest Bird Houses Ltd. to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless expressly acknowledged in writing.

By using the services or purchasing products of Maple Nest Bird Houses Ltd., you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.