Terms And
Conditions

Part II – For renters

14. Use of platform to search and book

You may use the Platform to search for equipment and make bookings. We do not guarantee availability of any listing. Listings are created by Owners. We do not verify the accuracy, completeness, or legality of listings. You rely on Owner representations at your own risk. We are not liable for any listing content or Owner conduct.

Guest users

If you use the Platform as a guest (without creating an account), you are still bound by these Terms as a Renter. You must provide accurate contact information and are responsible for all activity under the contact details you provide.

15. Relationship: renter and owner

The rental contract for each booking is between you (the Renter) and the Owner. The Platform is not a party to that contract. We facilitate the booking, payment, and contract-signing process but do not assume the obligations of either the Renter or the Owner under the rental.

Order of precedence. For matters between the Renter and the Owner concerning a specific rental (e.g. equipment condition, permitted use, return requirements, damage responsibility, waivers, and rental-specific fees), a signed Rental Agreement (including any Equipment Rider) controls over these Terms for that rental, and listing terms control where the Rental Agreement is silent. However, no Rental Agreement, Equipment Rider, or listing term can modify or override these Terms as between any User and the Platform — including the sections on platform fees, payments, holds and deposits administration, damage-claims administration, Boosts, intellectual property, limitation of liability, indemnity, and governing law — and any provision purporting to do so is of no effect as against the Platform. Owner-customized contract terms are the Owner's own (see Custom rental agreement terms in Part III); the Platform is not responsible for them.

You are responsible for your own acts and omissions and for the acts and omissions of anyone you allow to operate or use the equipment. You must ensure that any such person meets the requirements of the listing and the Rental Agreement.

16. Booking process

The booking process typically includes: selecting equipment and dates; selecting any optional add-ons offered by the listing (e.g. attachments, damage waiver, delivery, or certified operator services — see the Certified operator services section below); submitting a booking request; providing a payment method (card verification may involve a temporary hold that is voided); paying the amounts due; signing the Rental Agreement and any Equipment Rider; and, if required by the listing, uploading proof of insurance (e.g. Certificate of Insurance) or completing identity or licence verification (e.g. via third-party services) before the rental starts. You must provide accurate information and comply with any verification requirements. You must complete all steps required by the listing and the Platform to confirm your booking.

Payment is processed via Stripe. A refundable security hold in the amount shown at checkout (currently a standard $500 CAD unless the listing or checkout states otherwise) may be placed on your card at or after booking confirmation and before the rental start, and is released after the equipment is returned and inspected, in accordance with the listing and our payment policies (see section 20, Deposits and holds).

If you have an outstanding balance, you must pay by 7 days before rental start or your booking may be cancelled.

17. Payment terms

You pay the amounts shown at checkout (rental, fees, taxes) in CAD. Refunds are governed by the cancellation policy that applies to your booking (see below). Chargebacks or payment disputes may result in suspension of your account and collection action. You authorize us and our payment processor to charge your payment method in accordance with your booking and these Terms.

Payment processor

Payment processing is performed by Stripe and other third-party processors. Your payment information is transmitted to and processed by Stripe in accordance with Stripe's Privacy Policy. Disputes about charges, holds, or refunds that are attributable to the processor are between you and the processor. We are not liable for processor errors, outages, or delays except as required by applicable law.

Stripe may obtain information from credit agencies to verify identity where applicable. That information is used as described in Stripe's Privacy Policy.

Installment payments

For some bookings, we may offer or agree to a payment schedule that splits the booking total into two or more installments ("Installment Plan"). An Installment Plan is available only where offered by the Platform for your booking and is confirmed in writing (e.g. in your booking details or by email). Unless your Installment Plan states otherwise:

• Each installment is due on the date shown in your Installment Plan, and the full booking total must be paid before the rental start (see section 16 — outstanding balances are due no later than 7 days before rental start).
• You authorize us and our payment processor to charge each installment to your payment method on file on or after its due date.
• If an installment payment fails or is not paid when due, we may retry the charge, and if it remains unpaid, your booking may be cancelled. A cancellation for non-payment is treated as a Renter cancellation under section 18, with the cancellation fee determined by the time remaining before rental start.
• Amounts already paid under an Installment Plan are refundable only in accordance with the cancellation policy in section 18.

An Installment Plan changes only the timing of your payments; it does not change the booking total, the cancellation policy, or any other obligation under these Terms or the Rental Agreement.

18. Cancellations and refunds

The following cancellation policy applies to all bookings made through the Platform unless the listing or booking confirmation specifies a different policy:

• 7+ days before rental start: Free cancellation, full refund.
• 48 hours to 7 days before rental start: 50% cancellation fee; 50% refund.
• Less than 48 hours before rental start: No refund.
• After rental has started: No refund.

The policy above applies when you cancel your booking. Cancellation fees are calculated on the base rental amount (subtotal plus applicable taxes). Service and payment-processing fees are non-refundable when you cancel. Refunds are processed to the original payment method within 5–10 business days.

Owner-initiated cancellations result in a full refund to the Renter (you receive everything you paid back). We are not liable for Owner cancellation or changes.

19. Rental period; delivery and pickup

The rental period, delivery or pickup arrangements, and any delivery fees are set by the Owner and shown on the listing and in your booking. The Platform is not responsible for delivery or pickup; that is between you and the Owner. You must provide safe and accessible access for delivery/pickup where applicable.

Requested times and site contact. Any requested delivery or pickup times and any site contact name or phone number you provide are for convenience only. The Platform does not guarantee that requested times will be met or that site contact information will be used. The Platform is not responsible for delivery or pickup coordination, scheduling, or any failure of the Owner or you to meet at the agreed time or location. All coordination is solely between you and the Owner.

Renter coordination failure. If you fail to coordinate proper receipt or return of the equipment (including but not limited to failure to be available for delivery, failure to be available for pickup, or failure to make the equipment available for return at the agreed time and location), you may be held responsible for delivery fees, a full day's rental or additional rental days, or other charges. The application of any such charges shall be at the Owner's sole discretion. The Platform is not responsible for any coordination failures or resulting charges.

20. Deposits and holds

The security deposit or hold amount is shown at checkout. The Platform's standard security hold is a fixed $500 CAD refundable hold placed on your payment method, unless the listing, the Rental Agreement, or the checkout page states a different amount. It may be applied toward unpaid fees, damage, late return, or cleaning as set out in the Rental Agreement. Any remainder is released after return and inspection in accordance with our and the Owner's policies.

A hold is an authorization on your payment method, not a charge, until and unless it is captured in whole or in part for amounts you owe. Depending on your card issuer, a released hold may take several business days to disappear from your statement. If a hold expires or cannot be captured, you remain responsible for any amounts owed under the Rental Agreement and these Terms, and we may charge your payment method or invoice you for them.

21. Equipment condition, fuel, cleaning, damage

You must return the equipment in the condition required by the Rental Agreement and listing (e.g. refuelled, cleaned, no damage beyond normal wear). Damage waivers, cleaning fees, and refuelling terms vary by listing and are set by the Owner; the Platform does not guarantee waiver coverage. You are responsible for damage or loss caused by your use, except as covered by any applicable waiver or insurance.

Inspection on receipt

You must inspect the equipment at the time of delivery or pickup and report any defects or non-conformity to the Owner within 24 hours (or as stated in the Rental Agreement). Unless you report within that period, you are deemed to have accepted the equipment in its delivered condition.

Damage claims and security-hold administration

The Platform provides tools through which an Owner may submit a claim for damage, loss, cleaning, refuelling, late return, or other amounts said to be owed under a Rental Agreement (a "Claim"), and through which the Renter may respond. Claims are supported by the parties' own evidence — for example condition reports, photos, receipts, and messages. We do not inspect equipment ourselves and do not verify the accuracy or completeness of either party's evidence.

• Our role is administrative. Where we review a Claim, we do so only to administer the security hold or deposit and the Platform's payment tools — i.e. to decide whether, and to what extent, to capture or release the hold based on the material submitted. This is not arbitration, adjudication, an expert determination, or insurance, and it does not decide the parties' underlying legal rights.
• Decisions are discretionary and without liability. We may accept, reject, or partially process a Claim, request more information, or decline to act on a Claim at our reasonable discretion. To the maximum extent permitted by law, we are not liable to either party for how the hold or deposit is applied or released, provided we act in accordance with these Terms.
• The parties' rights survive. Processing or declining a Claim does not limit either party's right to pursue the other for any remaining amounts or remedies (see sections 11 and 24). Amounts captured from a hold reduce, but do not cap, what a Renter may owe an Owner; a declined Claim does not extinguish the Owner's underlying claim against the Renter.
• Cooperation. Both parties must cooperate in good faith with a Claim, including providing requested information and documents within the timelines we or the Rental Agreement specify. We may decline to process a Claim where a party does not cooperate or where the Claim is submitted outside the timelines in the Rental Agreement.

Condition reports, verification photos, and similar records created through the Platform are records provided by the parties. We are not responsible for their accuracy or completeness, and making tools available for creating them is not a representation that they are sufficient evidence for any purpose.

22. Insurance

If the listing or Rental Agreement requires proof of insurance (e.g. Certificate of Insurance with specified liability and equipment coverage), you must provide it before the equipment is released. Requirements (limits, additional insured, loss payee, etc.) are set by the Owner or in the Equipment Rider. The Platform does not verify the adequacy of any Certificate of Insurance; you and the Owner are responsible for ensuring requirements are met. For guidance on obtaining coverage, see our FAQ (Insurance & Liability).

Any damage waiver or similar optional product offered by an Owner is not a substitute for liability or property insurance where required.

Damage waiver (not insurance)

Some listings offer an optional damage waiver at checkout for the fee shown. A damage waiver is a contractual limitation of your responsibility to the Owner for certain accidental damage to the equipment, on the conditions and exclusions set by the Owner and stated in the listing or Rental Agreement. It is not insurance, not a policy of indemnity, and not regulated as insurance; neither the Owner nor the Platform is an insurer.

A damage waiver typically does not cover (unless the listing or Rental Agreement says otherwise): loss or theft; damage from prohibited or negligent use, overloading, or use contrary to the manufacturer's instructions or the Rental Agreement; tire, track, or attachment damage; interior contamination; damage occurring while the waiver's conditions are unmet; or third-party liability of any kind. The waiver is offered by the Owner; the Platform administers the fee at checkout but makes no representation about, and has no liability for, the waiver's scope or availability in any circumstance. Waiver fees are non-refundable once the rental starts.

Assumption of risk and release

Assumption of risk. Operating or being near heavy equipment involves inherent risks, including serious injury, death, and property damage. By using the Platform to rent equipment and by operating or using the equipment, you voluntarily assume all such risks. You represent that you are competent and legally permitted to operate the equipment (including any required licences or certifications). You agree to comply with all applicable safety laws, manufacturer instructions, and the Rental Agreement and Equipment Rider. For more detail, see our Disclaimer.

To the maximum extent permitted by law, you release U-Dig It Rentals Inc. and its officers, directors, and employees from any and all claims, damages, or liability arising from or related to the condition, use, operation, or delivery of equipment, except to the extent caused by our gross negligence or wilful misconduct.

Identity verification (Stripe Identity)

Where the listing or Rental Agreement requires identity verification, we use Stripe Identity to verify your identity document (e.g. driver's licence). Stripe collects identity document images, facial images, ID numbers, addresses, and related data. Stripe shares this information with us and uses it to operate and improve its services, including fraud detection. You may also choose to allow Stripe to use your data to improve its biometric verification technology. By proceeding with verification, you agree to Stripe Identity's applicable terms and privacy policy. Learn more at stripe.com/identity/legal and stripe.com/privacy.

The Platform does not guarantee that identity verification will detect all fraud or prevent all use of fraudulent documents. You and the Owner remain responsible for compliance with applicable law and for decisions based on verification results.

23. Safety and prohibited use

You must operate equipment safely and in accordance with the Rental Agreement and any Equipment Rider. Where the listing or Rental Agreement requires it, you must comply with utility locate or call-before-you-dig requirements before excavation or ground disturbance. You must not:

• Operate under the influence of alcohol or drugs
• Sublease or transfer the equipment without the Owner's written consent
• Use the equipment in a manner that violates law or the agreement

Certified operator services

Some listings offer an optional certified operator add-on ("Operator Services"), under which the Owner provides a qualified person to operate the equipment during the rental. If you select Operator Services, the fee is charged per rental day at the rate shown at checkout and is included in your booking total.

• Who provides the operator. The operator is provided by, and is the responsibility of, the Owner of the equipment (for First-Party Rentals, that is U-Dig It Rentals Inc. as Owner — see First-party rentals in Part I). Where these Terms or the Rental Agreement describe the Renter's responsibility for operation of the equipment, periods during which the Owner's operator is operating the equipment are the operator's responsibility, except to the extent an issue arises from your instructions, your site conditions, or your breach of these Terms or the Rental Agreement.
• Your site responsibilities. You remain responsible for the work site, including lawful access, accurate information about site conditions and hazards, required permits and utility locates (call-before-you-dig), and directing what work is to be performed. The operator controls how the equipment is operated.
• Safety refusal. The operator may pause or refuse work that the operator reasonably considers unsafe, unlawful, or outside the scope of the booking. Time lost due to conditions within your control (e.g. site not accessible, hazards not disclosed) may still be charged as rental and Operator Services time.
• Not professional advice. Operator Services are limited to operating the equipment. They do not include engineering, surveying, or other professional services, and the operator's presence does not transfer your responsibility for the overall project or work outcome.

Where Operator Services are provided on a rental in which the Platform is not the Owner, the Platform's role remains that of an intermediary (see sections 1 and 15), and any claim relating to the operator or the operated work is between you and the Owner.

Equipment tracking (telematics)

Equipment may be fitted with GPS or telematics devices that report location, usage, and machine data during the rental. By booking equipment through the Platform, you consent to the collection and use of such data by the Owner and the Platform for purposes of theft prevention, recovery, verifying rental terms (e.g. location and usage limits), billing, safety, and dispute resolution, as described in our Privacy Policy. You must not disable, tamper with, or remove any tracking device; doing so is a breach of these Terms and the Rental Agreement.

Telematics data may be delayed, incomplete, or inaccurate. It is provided as-is: neither the Platform nor any Owner warrants its accuracy or availability, and it must not be relied on as a safety, security, or anti-theft system. To the maximum extent permitted by law, we are not liable for any loss arising from the presence, absence, failure, or inaccuracy of tracking or telematics data.

24. Disputes with owner

Disputes about a rental (condition, delivery, charges, etc.) are between you and the Owner. We may help facilitate communication but have no obligation to resolve the dispute or to favour either party. Chargebacks through your card issuer may result in account suspension and collection efforts.

You agree to cooperate in good faith with any dispute, damage report, or insurance claim investigation, including by providing information and documents we reasonably request.

25. Complaints and support

For platform support (e.g. account, payment, or booking issues), contact us using the details in section 13. For rental-specific issues (e.g. equipment, delivery), contact the Owner first using the contact information provided in your booking.

Part III – For equipment owners

26. Listing equipment

You must ensure that your listings are accurate and complete (description, rates, availability, location, policies). You must not list prohibited content or equipment that you are not authorized to rent. We may remove or suspend listings that violate these Terms or that we reasonably consider harmful to Users or the Platform.

You are responsible for complying with all laws applicable to your business and equipment (e.g. safety, registration, insurance).

27. Rates, availability, and policies

You set your own rates, availability, cancellation policy, deposit requirements, and other listing terms. These must be clearly stated on the listing and will form part of the agreement with the Renter. You must honour the terms shown at the time of booking unless otherwise agreed with the Renter or allowed by the Platform.

Custom rental agreement terms

The Platform provides tools that let you author or customize the Rental Agreement (including contract templates and Equipment Riders) presented to Renters for your listings. Any terms you add or modify are your terms, not ours:

• You are responsible for your terms. You are solely responsible for the content, accuracy, legality, and enforceability of your customized contract terms, including their compliance with consumer protection, insurance, and other applicable laws. We do not review, approve, or endorse Owner-customized terms, and providing editing tools or a default template is not legal advice or a representation that any term is enforceable.
• Default templates are samples. Any default or sample contract template we make available is a convenience starting point only, provided as-is. You must review and adapt it to your equipment, your business, and your jurisdiction before use.
• Limits on custom terms. Your custom terms must not conflict with these Terms as they apply between any User and the Platform (section 15 — e.g. platform fees, payment and hold processing, claims administration, our liability), must not contradict what your listing and the checkout flow disclose to the Renter, and must not violate applicable law. Any such provision is of no effect as against the Platform, and we may require you to amend, or may suspend, listings whose terms create legal risk or User confusion.
• Consistency with the booking flow. Where your custom terms conflict with the pricing, deposit, waiver, cancellation, or delivery details shown to the Renter at checkout for a booking, the checkout disclosures control for that booking as between you and the Renter, to the extent of the conflict.
• Indemnity. Your indemnity obligations under section 10 include claims arising from your customized contract terms.

Renters: the Rental Agreement you sign for a booking may contain Owner-customized terms. Read it before signing — it, not the Platform, defines your rental obligations to the Owner (see section 15 for how it ranks against these Terms).

Boosts and promotional placement

We may offer optional paid promotion for your listings or owner profile ("Boosts") — e.g. featured placement on the Platform for a stated duration. Boosts are purchased either directly or using boost credits ("Credits") bought in packages through our payment processor. Credit packages may include bonus Credits as described at purchase.

• No guaranteed results. A Boost affects placement or visibility for its stated duration only. We do not guarantee impressions, clicks, inquiries, bookings, revenue, or any other outcome.
• Credits. Credits have no cash value, are not legal tender, are non-transferable, and are not redeemable for cash or refundable except where required by applicable law. Credits may be subject to expiry or forfeiture rules disclosed at purchase or in your owner dashboard, and unused Credits are forfeited if your account is terminated for breach of these Terms.
• Boost fees. Amounts paid for Boosts and Credit packages are non-refundable once the Boost has started or the Credits have been delivered, except where required by applicable law or where we cancel the Boost other than for your breach — in which case we will refund or re-credit the unused portion.
• Placement and labeling. We determine how and where boosted content is displayed and may label promoted placements (e.g. "Featured"). We may adjust search ranking, placement logic, and Boost inventory at any time. Boosted placement does not constitute our endorsement of any listing or Owner.
• Compliance. Boosted listings remain subject to these Terms. We may suspend or cancel a Boost for listings that violate these Terms; fees for a Boost cancelled due to your breach are not refunded.

Renters: placements labeled as featured or promoted reflect paid promotion by the Owner (or, for First-Party Rentals, by the Platform) and are not a quality ranking or an endorsement by the Platform.

28. Bookings: acceptance and fulfillment

When a Renter books your equipment through the Platform, you are responsible for fulfilling the rental (e.g. delivery or pickup, equipment condition, support) in accordance with the listing and the Rental Agreement. You must communicate with the Renter as needed and must not cancel except as allowed by your policy or in exceptional circumstances. Repeated cancellations or failure to fulfill may result in suspension.

Delivery and pickup coordination. You are responsible for coordinating delivery and pickup with the Renter. Requested times and site contact information provided by the Renter are for convenience only; the Platform is not responsible for coordination. If the Renter fails to coordinate proper receipt or return of the equipment (including but not limited to failure to be available for delivery, failure to be available for pickup, or failure to make the equipment available for return at the agreed time and location), the Renter may be held responsible for delivery fees, a full day's rental or additional rental days, or other charges. The application of any such charges shall be at your sole discretion. The Platform is not responsible for any coordination failures or resulting charges.

29. Payouts and fees

Payouts for completed rentals are made in accordance with the Platform's payout schedule and method (e.g. via Stripe Connect). The Platform may deduct fees (e.g. service or commission) as disclosed to you at signup or in your owner dashboard. You are responsible for any taxes on your income. Failure to comply with payout or tax requirements may result in suspension or termination of your account.

Payouts and payment processor

Payouts are processed by third parties (e.g. Stripe Connect). We are not liable for delays, holds, or account restrictions imposed by the payout provider. Your relationship with the payout provider is governed by their terms.

30. Insurance and compliance

You must maintain any insurance required by law or by the Platform for your equipment and operations. You must ensure equipment is safe and in good working order and that you comply with all applicable safety and regulatory requirements. We may require proof of insurance or compliance from time to time.

31. Suspension and removal

We may suspend or remove your account or listings if you breach these Terms, if we receive serious complaints, or if we reasonably believe that your continued use poses a risk to Users or the Platform. We may also suspend payouts pending resolution of disputes or investigations.

32. Relationship with renters

You are solely responsible for the rental and for your conduct toward Renters. The Platform is not liable for your acts or omissions, and Renters may hold you responsible for breach of the Rental Agreement or for harm caused by the equipment or your actions.