These Terms of Service form a binding agreement between you and Stellar Bud Corp. They govern your use of this website and your dealings with us in relation to the seed house, the nursery rows and the computer systems design services described on the website. Please read them before you book a visit, place an order or send us a project brief.
By using the website or by engaging us for a service, you confirm that you accept these terms. If you are acting for a company or another organization, you confirm that you have authority to bind that organization. If you do not accept these terms, please do not use the website and do not engage our services.
A specific written agreement, proposal or statement of work signed by both parties takes precedence over these terms for the project it covers. Where no specific agreement exists, these terms apply in full.
In these terms, the following words have the meanings given here. The Company means Stellar Bud Corp., a company at 21 Old Mill Road Rr 3, PRINCETON - N0J 1V0, Canada (CA). The Website means the pages served from the domain that hosts these terms. The Services means the nursery, planning, workshop and systems design work offered by the Company. The Client means the person or organization that engages the Company. The Order Book means the seasonal record of confirmed bookings and stock reservations.
A working day means a day other than a Saturday, a Sunday or a public holiday in the province where the Company operates. Writing includes email and any electronic message that can be retained. Bench hour means a scheduled period during which the Company is available to meet a Client at the seed house or by remote call.
You must be at least sixteen years old to place an order or book a service. Where a booking is made for a group, the person making the booking confirms that they have authority to act for the group and that the information provided about participants is accurate.
You agree to use the website only for lawful purposes and in a way that does not interfere with other visitors. You must not attempt to gain unauthorized access to any part of the website or its supporting systems, and you must not use automated tools to copy the website in bulk. You must not submit false information, impersonate another person or use the contact form to send unsolicited commercial material.
The Company may restrict or refuse access to the website where it has reasonable grounds to believe that a user is acting unlawfully or in breach of these terms.
The Company offers six nursery services: Seedling House Tours, Seasonal Bedding Stock, Potting Bench Workshops, Nursery Row Pre-Orders, Garden Plan Consults and Delivery Run Days. It also offers computer systems design and related professional services to clients in the growing and technical sectors. The website describes these services in general terms so that prospective clients can understand what is offered.
Descriptions on the website are not a binding offer. The exact content, timing and price of a service are set out in a written scope agreed between the parties. Where a description on the website differs from an agreed scope, the agreed scope governs.
The Company may modify a service to reflect seasonal conditions, new practices or changes in the law, provided that any change does not materially reduce what a Client has already paid for.
The Order Book opens at the start of each season. A booking is confirmed when the Company issues a written confirmation and, where a deposit is required, when the deposit has cleared. A request that has not been confirmed does not reserve stock, a bench hour or a place in a workshop.
Stock reservations are recorded against a variety, a row and a collection window. The Client is responsible for making sure that the details on the confirmation are correct. If a Client believes that a confirmation contains an error, the Client must notify the Company within seven working days.
The Company may decline a booking where the requested quantity exceeds the available stock, where the requested date falls outside the working calendar, or where the Company has reasonable grounds to doubt that the booking can be performed safely or lawfully.
A quote states the work to be performed, the deliverables, the timetable and the price. A quote remains open for thirty days unless it states a different period. Work begins when the Client accepts the quote in writing and any required deposit has been received.
Where a project changes after acceptance, the Company will describe the effect on price and timetable in writing before the extra work begins. The Company will not perform work outside an agreed scope without written approval, and a Client is not obliged to pay for work requested by an employee of the Company outside that scope.
Deliverables such as plans, registers, label templates and handover documents are described precisely in the scope. Anything not described is not included, even if it is mentioned in a conversation.
Fees are stated in Canadian dollars unless the quote says otherwise. Invoices are payable within thirty days of the invoice date unless the scope sets a different period. A small service may require payment on completion.
The Company may require a deposit before reserving stock or starting a project. The deposit is applied against the final invoice. Where a Client cancels within the notice period described below, the deposit is handled according to the cancellation section.
Late payment may attract interest at a rate of one percent per month, calculated from the due date. The Company may suspend work or withhold delivery of stock where an invoice is overdue, after giving written notice. A Client must raise any dispute about an invoice within fourteen days of receipt. Taxes and duties are charged where the law requires them.
A Client must provide accurate information about the site, the stock, the records and the people involved. Where a plan or a system depends on existing data, the Client is responsible for the accuracy of that data. The Company will point out obvious gaps, but it cannot verify every record supplied by a Client.
A Client must ensure that any person attending a workshop or a tour is fit to take part and has been told what to bring. A Client must obtain the consent of its own staff before sharing their details with the Company, and must ensure that any personal information supplied to the Company may lawfully be processed for the agreed purpose.
Where a Client asks the Company to use a particular third party platform, the Client remains responsible for the terms of that platform and for any license it requires.
When work is performed at a Client site, the Client must provide safe access, a reasonable working area and any information the Company needs to work without risk. A seed house and a garden site contain hazards such as glass, water, soil, tools and uneven ground. The Client must disclose any known hazard before the visit.
The Company may stop work and leave a site where conditions are unsafe or where access has been refused. In that case the Company will record the reason and may charge for the time lost. The Company will not enter premises without the authority of the person who controls them.
Visitors to the Company seed house must follow the instructions of staff at all times. Children must be supervised. The Company may ask a visitor to leave where the visitor endangers people, stock or equipment.
Plants are living things and their performance depends on conditions that no one fully controls. The Company supplies stock that is healthy and true to variety at the point of collection or delivery, but it cannot guarantee how plants will perform after they leave the nursery.
Germination rates, flowering times and growth habits are stated in good faith based on the records of the seed house. They are not guarantees. Weather, soil, water, pests and handling after delivery can all change the outcome. The Company is not responsible for loss caused by conditions outside its control after handover.
A Client who believes that stock was not true to variety or was defective at handover must notify the Company within forty eight hours and, where possible, retain the plants and their labels for inspection. Where the claim is accepted, the Company may replace the stock or issue a credit at its reasonable discretion.
Delivery run days are planned on a route basis. The Company will state an expected window for each route. A window is an estimate and not a promise of an exact time. Someone must be available to receive the order at the address given, unless the parties have agreed that the order may be left in a safe place.
A signed manifest records handover. Where an order is left as agreed without a signature, the Company will record the time and the place of the drop. Risk in the stock passes to the Client on handover or on collection from the seed house.
If a delivery cannot be completed because no one is available, the Company may return the stock to the nursery and arrange a second run. A reasonable charge may apply for the return and the second attempt. The Company is not liable for deterioration caused by a failed delivery after it has made reasonable attempts to reach the Client.
A workshop place may be cancelled up to seven working days before the session without charge. A cancellation inside that period may be charged at half the fee, because materials and bench time have already been committed. A place may be transferred to another person at no cost if the Company is told before the session begins.
A tour or a consult may be rescheduled once without charge if at least three working days notice is given. A pre-order for stock may be cancelled before the sow date without charge. After the sow date, a cancellation may be charged to reflect the stock that can no longer be sold elsewhere.
Where the Company cancels for reasons within its control, the Company will offer a new date or a refund of amounts paid for the cancelled service. Refunds are usually made within fourteen working days.
All content on the website, including text, layout and graphics, belongs to the Company or is used with permission. You may read, print and share pages for your own personal or internal business use. You may not copy the website in bulk, republish it commercially or present it as your own work.
Deliverables prepared for a Client, such as a planting plan or a handover document, are licensed to the Client for use in its own operation. The Company retains ownership of its underlying methods, templates and general know how. Where a project includes custom software, the scope will say whether the Client receives a licence or an assignment of rights.
The names Stellar Bud Corp. and Stellar Bud, together with any logo used by the Company, must not be used in a way that suggests endorsement without written permission.
Each party may receive information that the other regards as confidential. The party receiving such information must use it only for the purpose of the project and must take reasonable steps to protect it. This obligation does not apply to information that is already public, that was lawfully known before the project, or that must be disclosed by law.
The Company treats client records, stock data and planting plans as confidential. The Company does not publish a client name or a project detail in marketing material without written permission. Where a case study is useful, the Company will seek approval first and will describe the work in a way that does not reveal sensitive detail.
The confidentiality obligation survives the end of the project for a period of three years, or longer where the law requires a longer period.
Some services rely on third party software, hosting or equipment. The Company will identify the material third parties in a scope where they matter. The Client acknowledges that a third party may change its terms, its interface or its availability, and that such a change may affect a system that depends on it.
The Company is not responsible for a failure caused solely by a third party service outside its control, but it will use reasonable efforts to restore the affected part of the work or to propose an alternative. The Client remains responsible for its own licenses with third party platforms.
The Company will perform its services with reasonable skill and care and in line with the agreed scope. This is the central promise and it sits behind every other statement on the website. The Company does not give any other warranty, express or implied, beyond what the law requires and cannot exclude.
The website is provided as it stands. The Company does not warrant that the website will be uninterrupted, free of errors or free of harmful components. Website content is general information and is not professional advice for a particular site or system. A decision about planting or about a technical system should be based on the specific consult or scope.
Nothing in these terms excludes a warranty or a right that the law does not allow to be excluded.
To the extent permitted by law, the Company is not liable for indirect or consequential loss, loss of profit, loss of business opportunity, loss of data or loss of goodwill arising from the website or the services.
Where liability cannot be excluded, the total liability of the Company for a claim arising from a service is limited to the fee paid by the Client for the service that gave rise to the claim, or to a reasonable sum where no fee was paid. This limit does not apply to fraud, wilful misconduct or any liability that the law does not allow to be limited.
The Company is not liable for loss caused by events beyond its reasonable control, including severe weather, power failure, a supply failure affecting the nursery, or a restriction imposed by a public authority.
A Client agrees to indemnify the Company against a claim, loss or cost that arises from the Client misuse of the website, from inaccurate information supplied by the Client, or from the Client failure to obtain a consent or a licence that the project required. This obligation applies only to the extent that the claim is caused by the Client.
The Company will give prompt notice of any claim and will cooperate in its defence. A Client may not settle a claim in a way that admits fault on the part of the Company without written consent.
Either party may end an ongoing engagement by giving fourteen days written notice. Amounts for work already performed and for stock already committed remain payable. The Company may suspend a service immediately where an invoice is seriously overdue, where a site is unsafe, or where the Client behaves in a way that threatens staff or stock.
On termination the Company will deliver the records and deliverables that have been paid for and will return or destroy confidential material as the Client directs, subject to the retention obligations described in the privacy policy. Clauses that by their nature should survive termination will continue to apply.
These terms are governed by the laws of Canada and of the province in which the Company operates. The parties will first attempt to resolve a dispute through good faith discussion. A party must give written notice of the dispute and allow twenty one days for a response before starting formal proceedings.
If discussion does not resolve the matter, the parties agree to the exclusive jurisdiction of the courts of the province in which the Company has its principal place of business. Nothing in this section prevents a party from seeking urgent relief from a court where that is necessary.
The Company may update these terms from time to time. The current version is always published on this page with an effective date. Where a change is material, the Company will give notice on the homepage or by email to active clients. A change does not alter the terms of a scope that has already been agreed in writing.
Continuing to use the website after an update means that you accept the new terms. If you do not accept the new terms, you should stop using the website and any ongoing engagement will be handled under the terms in force when it began.
Questions about these terms should be sent to Stellar Bud Corp. You may write to the address below, email bud@stellarbud.lol or telephone +12724372060 during business hours.
Stellar Bud Corp.
21 Old Mill Road Rr 3
PRINCETON - N0J 1V0
Canada (CA)
These terms should be read together with the privacy policy. Together they describe the whole agreement between you and the Company in relation to the website and the services.