Terms of Service / Service Agreement
Terms & Conditions (Service Agreement)
DRAFT - NOT LEGALLY EFFECTIVE
1. Parties
This Terms & Conditions agreement (“Agreement”) is between Triple A Contracting (“Contractor”), located at Hwy 27 & King Rd, Nobleton, ON L0G 1N0, Canada, and the client identified in the associated Proposal/Invoice (“Client”). These terms govern all services provided by the Contractor unless superseded by a signed service agreement.
2. Scope of Services
The Contractor will provide renovation, construction, design and/or project management services as described in the Proposal, Scope of Work or Project Summary (the “Services”). Any items not expressly included in the Proposal are out-of-scope and will be charged separately.
3. Proposal, Acceptance & Commencement
A written Proposal, estimate or quote constitutes the Contractor’s offer. Acceptance occurs when the Client (a) signs the Proposal/Agreement, (b) issues a written confirmation, or (c) pays the required deposit. Work will commence after deposit is received and required permit arrangements (if any) are initiated.
4. Fees, Deposit & Payment Terms
-
Deposit: A non-refundable deposit of 40% of the agreed project fee is required to secure scheduling and begin pre-construction work, unless otherwise specified.
-
Progress payments / Milestones: Remaining fees are due according to the agreed milestones in the Proposal (for example: 40% on design approval, 20% on completion).
-
Final payment: Final payment is due upon substantial completion and prior to final handover.
-
Payment methods: E-transfer, bank transfer, credit card or other methods agreed in writing.
-
Taxes: All fees exclude applicable taxes (GST/HST). The Client is responsible for any taxes unless explicitly included.
5. Change Orders & Variations
Any change to scope, materials or timeline requested by the Client will be documented as a Change Order. Change Orders may affect price and schedule. Work will not proceed on a Change Order until the Client signs the Change Order or provides written approval.
6. Permits, Inspections & Approvals
Permits required by local authorities are the Client’s responsibility unless explicitly included in the Proposal. If the Contractor agrees to manage permits, permit fees remain the Client’s responsibility. The Contractor will coordinate inspections as required.
7. Client Responsibilities
The Client must provide timely access to the property, accurate information about utilities and site conditions, and timely decisions on selections (materials, finishes, colours). Delays caused by Client in approvals, selections or access may lead to schedule changes and extra charges.
8. Warranties & Defects
-
The Contractor warrants workmanship for a period of [e.g., 1 year] from date of completion (unless otherwise agreed). Manufacturer warranties on products or materials are separate.
-
Warranty claims must be submitted in writing. The Contractor will remedy verified workmanship defects within a reasonable time.
9. Insurance & Liability
-
The Contractor maintains commercial general liability insurance and standard worker coverage. Client should maintain property insurance for the premises.
-
Except where prohibited by law, the Contractor’s total liability for any claim related to the Services shall not exceed the total fees paid under the applicable Proposal. The Contractor is not liable for indirect, consequential or special damages.
10. Delays & Force Majeure
The Contractor is not liable for delays caused by events beyond its reasonable control (acts of God, strikes, supply chain disruptions, weather, government actions). Such events extend the schedule by the delay period.
11. Termination
-
By Client: Client may terminate for convenience upon written notice but must pay for work performed, materials ordered and reasonable demobilization and cancellation costs.
-
By Contractor: Contractor may stop work if Client fails to pay or otherwise materially breaches the Agreement; Contractor will provide written notice and a 7-day cure period where feasible.
12. Intellectual Property
Design documents, drawings, estimates and proposals prepared by the Contractor remain its property until paid in full. Upon final payment, the Client receives a license to use deliverables for the completed project.
13. Confidentiality
Each party will keep confidential any commercially sensitive information received from the other, except as required by law.
14. Dispute Resolution
Parties agree to attempt to resolve disputes in good faith by negotiation. If unresolved, disputes will be submitted to mediation (non-binding). If mediation fails, either party may pursue resolution through courts in the Province of Ontario.
15. Governing Law
This Agreement is governed by the laws of the Province of Ontario, Canada.
16. Severability
If any provision is held invalid, the remainder of the Agreement remains in effect.
17. Entire Agreement
This Agreement, together with the Proposal, attachments and Change Orders, constitutes the entire agreement between the parties and supersedes prior discussions.
18. Acceptance
By signing the Proposal, paying the deposit or instructing the Contractor to proceed, the Client agrees to these Terms & Conditions.
Contractor:
Triple A Contracting
Hwy 27 & King Rd, Nobleton, ON L0G 1N0, Canada
Phone: +1-647-534-3388 | Email: tom@renovatingforyou.com
