Terms of Service

Last Updated: August 27, 2024

By engaging Snowsurance Inc.'s snow removal and salting services, you ("customer") agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, do not use our services.

Scope of Services

Snowsurance Inc. provides seasonal snow removal services for select residential properties exclusively within the Greater Boston area. Our services include clearing snow from driveways, sidewalks, walkways, and front steps. We do not clear snow from vehicles, gravel or stone driveways, patios, porches, decks, or paths in the backyard. We do not move vehicles to access service areas. Snowsurance Inc. does not offer on-demand or one-time snow removal services; all services are rendered under seasonal contracts. If Snowsurance Inc. sends you a pricing offer, it constitutes an offer of service and eligibility, subject to these Terms.

Service Determination and Execution

Snowsurance Inc. initiates services automatically for snowstorms predicted to result in a minimum of two inches of snow accumulation. Service determinations are based on local weather forecasts, real-time observations, and customer reports. Customers acknowledge that weather forecasts may not always be accurate. Snowsurance Inc. will not be held liable for discrepancies between forecasted and actual snowfall amounts. Each customer is serviced once per storm, with service commencing after snowfall has stopped, based on the customer’s placement within a predefined service route.

Snowfall Reporting

Snowfall totals are determined using data from independent, third-party weather services, such as WeatherWorks. These certified reports are the official record for snowfall totals and billing purposes, and they will be posted on our website following each storm. Snowsurance Inc. does not consider alternative sources for snowfall data. Customers agree to accept these certified reports as the basis for service charges.

Service Timing and Delays

While Snowsurance Inc. strives to provide timely snow removal services, specific service times and completion deadlines cannot be guaranteed due to the unpredictable nature of snow events. Service routes are planned for efficiency, with operations beginning as the storm is winding down. Snowsurance Inc. shall not be liable for any claims, damages, or incidents arising from delays or inability to render services.

Cancellation Policy

Customers may cancel their service contract by providing written notice via email to hello@snowsurance.com. Cancellations by either party do not constitute a refund. Snowsurance Inc. does not offer refunds for services rendered or for services that are underway.

Property Damage

Snowsurance Inc. takes care to avoid damaging property during snow removal. However, due to the nature of the equipment used, customers acknowledge that minor damage, such as scratches or abrasions on hard surfaces, may occur. By using our services, customers agree to release Snowsurance Inc., its employees, and agents from liability for any property damage resulting from snow removal activities.

MeltMagician Salting Service

Snowsurance Inc. offers an optional salting service called MeltMagician, billed separately from the standard snow removal pricing plans. MeltMagician involves the application of salt or other ice-melting agents on areas cleared of snow. There may be a delay between snow removal and salting. Customers acknowledge and accept all risks, including potential damage to surfaces, pets, or vegetation, and agree to hold Snowsurance Inc. harmless for any related claims. Snowsurance Inc. does not guarantee that the salt used is pet-friendly.

Indemnification

Customers agree to indemnify and hold harmless Snowsurance Inc., its employees, agents, and affiliates from any claims, liabilities, damages, losses, or expenses, including attorney’s fees, arising out of or related to the use of Snowsurance Inc.'s services. This includes, but is not limited to, incidents related to untreated snow or ice.

Limitation of Liability

Snowsurance Inc., its employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including personal injury, property damage, loss of profit, or any other losses resulting from the use of our services.

Assumption of Risk

By using Snowsurance Inc.'s services, customers acknowledge the inherent risks associated with snow and ice management. Customers assume full responsibility for any such risks, including property damage, accidents, or injuries, and release Snowsurance Inc., its employees, and agents from any associated liability.

Arbitration

Any disputes arising out of or related to these Terms or Snowsurance Inc.'s services shall be resolved directly with Snowsurance Inc. through binding arbitration. Arbitration will be conducted internally by Snowsurance Inc. or a designated representative at a mutually agreed time and location. The decision reached through arbitration shall be final and binding on all parties. Each party shall bear its own costs and attorney’s fees. This arbitration clause does not preclude either party from seeking injunctive relief in a court of competent jurisdiction if necessary.

Payment Terms

All invoices are sent via email and must be paid within 30 days. A late fee of 10% will be applied to invoices not paid within the 30-day period. Snowsurance Inc. reserves the right to withhold services if the customer has an outstanding balance.

Modification of Term

Snowsurance Inc. reserves the right to modify these Terms of Service at any time. Any changes will be communicated to the customer via email or through a notice on our website. Continued use of our services after any such changes shall constitute your consent to the modified Terms of Service.

Force Majeure

Snowsurance Inc. shall not be liable for any failure or delay in performing its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, strikes, labor disputes, war, terrorism, or governmental restrictions.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law principles. Any legal proceedings arising out of or related to this agreement shall be brought in the courts located in Middlesex County, Massachusetts.

Entire Agreement

These Terms of Service, along with any written agreements or documents expressly incorporated by reference, constitute the entire agreement between the customer and Snowsurance Inc. regarding the services provided. These Terms supersede all prior understandings, agreements, representations, and warranties, both written and oral, concerning the subject matter.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Contact Us

For any questions, concerns, or cancellations, please contact us at hello@snowsurance.com or (617) 286-4010.

Acknowledgment

By engaging Snowsurance Inc.'s services, you affirm that you have read, understood, and agree to these Terms of Service. If you have any questions or concerns about these Terms, please contact us before using our services.