Terms And Conditions
Welcome to HANDYHOME!
These terms and conditions outline the rules and regulations for the use of HANDYHOME INC.’s website (www.handyhomeclub.com), contractual obligations, liability limitations, service provision, payment policies, subscription regulations and all policies relating thereof.
1.1 These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.2 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.3 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. COPYRIGHT NOTICE
2.1 Copyright (c) 2019 HANDYHOME INC.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) All the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. LICENSE TO USE WEBSITE
3.1 You may:
(a) View pages from our website in a web browser;
(b) Download pages from our website for caching in a web browser;
(c) Print pages from our website;
(d) Stream audio and video files from our website; and
(e) Use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from our website (including republication on another website);
(b) Sell, rent or sub-license material from our website;
(c) Show any material from our website in public;
(d) Exploit material from our website for a commercial purpose; or
(e) Redistribute material from our website.
3.6 Notwithstanding Section 3.5, you MAY redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. ACCEPTABLE USE
4.1 You must not:
(a) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) Violate the directives set out in the robots.txt file for our website; or
(g) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. REGISTRATION AND ACCOUNTS
5.1 To be eligible for an account on our website under this Section 5, you must be resident or situated in ONTARIO or our service area.
5.2 You must not allow any other person to use your account to access the website.
5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
5.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
6. USER LOGIN DETAILS
6.1 If you register for an account with our website, you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in this agreement; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. YOUR CONTENT: LICENSE
7.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
7.3 You grant to us the right to sub-license the rights licensed under Section 7.2.
7.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 7.2.
7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any
Or all of your content.
8. YOUR CONTENT: RULES
8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) Be libelous or maliciously false;
(b) Be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(I) be blasphemous;
(j) Be in breach of official secrets legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) Depict violence in an explicit, graphic or gratuitous manner;
(m) Be pornographic, lewd, suggestive or sexually explicit;
(n) Be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) Constitute spam;
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) Cause annoyance, inconvenience or needless anxiety to any person.
9. LIMITED WARRANTIES
9.1 We do not warrant or represent:
(a) The completeness or accuracy of the information published on our website;
(b) That the material on the website is up to date; or
(c) That the website or any service on the website will remain available.
9.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
10. LIMITATIONS AND EXCLUSIONS OF LIABILITY
10.1 Nothing in these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(c) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(d) Limit any liabilities in any way that is not permitted under applicable law; or
(e) Exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) Are subject to Section 10.1; and
(b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website/ services provided or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.9 HANDYHOME INC. is not liable for any deficiencies, malfunctions or breakdowns that took place while HANDYHOME representatives were not inside the client’s house, or not relating to the inspection or service tendered at that moment.
10.10 HANDYHOME INC. shall never be held liable for third-party contractor’s workmanship, quality, errors and omissions.
11. BREACHES OF THESE TERMS AND CONDITIONS
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to our website and services;
(c) Permanently prohibit you from accessing our website;
(d) Block computers using your IP address from accessing our website;
(e) Contact any or all of your internet service providers and request that they block your access to our website;
(f) Commence legal action against you, whether for breach of contract or otherwise; and/or
(g) Suspend or delete your account on our website.
11.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
12.1 We may revise these terms and conditions from time to time.
12.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
12.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. LINKS TO THIRD-PARTY WEBSITES
16. GENERAL TERMS AND CONDITIONS FOR ALL PRODUCT SUBSCRIPTIONS AND UPGRADE PLANS
16.1 Services tendered by HANDYHOME INC. cannot be refunded or reimbursed in any form. Subscriptions and upgrade plan cancellations can only be processed with sufficient notice provided to HANDYHOME, and is subject to HANDYHOME’s sole and absolute discretion. No refunds are offered on any plans, services or upgrades thereof. You may change your auto-renewal preferences in your HANDYHOME Account, but no refunds will be paid on any remaining subscription or upgrade plan period.
16.2 Plan prices are subject to change without notice. New pricing takes effect on your subscription on your plan renewal date.
16.3 Your monthly subscription for HANDYHOME INC. will start when Handyhome confirms your payment and will continue for a period of 12 months. When you purchase HANDYHOME INC. subscription, auto-renew is automatically selected in your HANDYHOME Account. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days at the same rate. If you do not wish your subscription to auto-renew, you may email or call us 90 days prior to the end of your current subscription term. If you don’t pay for your monthly HANDYHOME INC. subscription on time, we reserve the right to suspend your account, bill you directly for the outstanding balance.
16.4 HANDYHOME INC. will attempt to send an email to the address designated in your HANDYHOME INC. account prior to such deletion.
17. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
17.1 After placing an order through our standard order form on our Site, web applications or mobile applications, as applicable, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service, subject to these terms and conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). We may choose not to accept any orders in our sole discretion. The contract between us (Contract) will only be formed when we send you the Confirmation. Note that the Acknowledgement and the Confirmation may be contained in the same email.
17.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.
17.3 The subscription plan to our services consists of an initial charge followed by recurring period charges as agreed to by you. By entering into this agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. HANDYHOME INC. may submit periodic charges (e.g., weekly) without further authorization from you, until you provide advance notice that you wish to terminate this authorization or wish to change your payment method. Such notice will not affect charges submitted before HANDYHOME INC. reasonably could act to terminate your authorization or change your payment method, log on to your HANDYHOME INC. account or email [email protected]
17.4 By subscribing to our services you agree to provide recurring, periodic payments for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with section 17.5 below. You can deactivate your subscription by contacting our sales department and following cancellation policy. You will not be charged for any deactivation unless services were provided or appointment was scheduled. In case a service has been tendered or appointment has been scheduled, a fee determined by customer service representative, will be applied.
17.5 Auto-renewal: following your initial subscription period, your subscription will be automatically renewed for an additional term of the same length, based upon pricing relevant at that time. To deactivate your subscription, you must email [email protected] and we will process your request and be in touch. If you deactivate, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, however, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
17.6 We reserve the right at our sole and absolute discretion not to renew your subscription at any time without giving any reasons for our decision, or to cancel your membership.
18. VOUCHERS AND GIFT CARDS
18.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by online application in order for the holder of the Voucher (Holder) to receive delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the Holder upon the earlier of (a) payment for the Voucher, if applicable; and (b) when the Holder redeems the Voucher by applying for a Service to commence.
18.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
18.3 We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
18.4 Vouchers may only be redeemed through our Site, web applications or mobile applications and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
18.5 Any discounts attached to Vouchers apply to the price of the Products ordered only OTHER SERVICES, if any, which will be chargeable at normal rates.
19. RIGHT TO CANCEL
19.1 WITHIN FIRST 24 HOURS OF SUBSCRIBING (Grace period): Just email us and we will cancel your subscription.
19.2 AFTER 24 HOURS AND BEFORE ANY SERVICE HAS BEEN PROVIDED (Initiation period): A $79 cancellation fee will be applied. Email us to initiate cancellation.
19.3 AFTER SERVICE OR VISIT HAVE TAKEN PLACE: Our generous services do not always let us break even at any given point in time. Some services are tendered first and only with time we are able to recover the associated expense. Therefore, cancellations at this stage (past initiation period) are subject to a minimum of 90 days cancellation fee. The exact cancellation fee for each request will be determined by Customer Experience Officer. Please note, in some cases the cancellation may be equivalent or greater than 90 days.
19.4 MOVING: If you are moving to an area outside of our service area, you may cancel your subscription provided 90 days’ notice or submitting the applicable cancellation fee. Services tendered during the last 90 days period may be limited as means to compensate HANDYHOME for services provided to date.
20.1 We accept payment with American Express, Visa, and MasterCard through our website. We reserve the right to change the payment methods we accept at any time.
20.2 You represent and warrant that (I) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or PayPal account for your purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
21.2.1 Strikes, lock-outs or other industrial action; 17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
21.2.2 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
21.2.3 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
21.2.4 Impossibility of the use of public or private telecommunications networks; and
21.2.5 The acts, decrees, legislation, regulations or restrictions of any government.
21.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22. OUR DETAILS
22.1 This website is owned and operated by HANDYHOME Inc.
22.2 You can contact us:
(a) Using our website contact form;
(b) By telephone, on the contact number published on our website; or
(c) By email, using the email address published on our website.
23. WRITTEN COMMUNICATIONS
23.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, web applications or mobile applications you accept that communication with us will be mainly electronic and over the phone. We will contact you by e-mail or provide you with information by posting notices on our website or via our web applications or mobile applications in our sole discretion. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
24. ACCESS TO HOME
24.1 By agreeing to the terms and conditions you are allowing us and our associates and 3rd party contractors full access to your home.
24.2 Access provisions shall be discussed following signing, and will be noted in your file. You hereby provide your consent to collect pictures, access your property, and administer repairs and maintenance. We may install a lock box on your property (with your consent), and use it to access your property. At no point we shall be held liable for lock box breach or malfunction, or any result thereof.
25. THE CONTRACT DOCUMENTS (the “Agreement”) FOR ALL HANDYMNA/ RENOVATIONS PROJECTS CONSIST OF THE FOLLOWING
This Renovation Contract
Additional documents reviewed and approved by both parties during the course of this contract. (Note that extras and deletions are effective only if documented on the Additional Investment Request Form or other amending agreement in writing and initialed or signed by both parties).
Discrepancies and omissions in the Agreement, site conditions, etc. and any work requested in variance of the Agreement are considered an extra to the Agreement and are not included in the Contract Price. Any additional work required due to site conditions not disclosed to the “HandyHome”, or which could not be reasonably anticipated, are not included in the Contract Price but are an extra. These may include, but are not limited to: asbestos inspection and removal, lead paint inspection and removal, rot, non-conforming prior work to the house, prior damage to existing location, and unforeseen structural issues.
Any statement, arrangement or understanding, either expressed or implied, not contained within this contract will not be recognized.
25.1 DESCRIPTION OF WORK
The “HandyHome” agrees to supply all the Building materials and perform all the work (the “Work”) as described in the Agreement sent to client and as set out below:
The Work shall be done on the lands (The “Lands”) which are owned by the “Client”.
25.2 MEMBER RATE
“HandyHome” will provide the “Client” with a reduced rate for any handyman work done post renovation at the rate of $89.00+ HST with minimum two hours’ per call. Finishing materials are not included.
The “HandyHome” shall commence the Work (the “Commencement Date”), on TBA and Substantial Performance of the Contract will be completed (the “Completion Date”) on or before TBA. The Completion Date means that the Work is at least 97% completed or the Work is ready for use or is being used for the purpose intended.
NOTE: The timing of the start and completion of the Work is subject to change, and shall not be the responsibility of the “HandyHome”, due to written changes to the Agreement, to verbal instructions made to accommodate the Client, to unforeseen structural or system problems, to weather, or for reasons beyond the “HandyHome”’s reasonable control, i.e. without limitation, delays caused by work undertaken by the Client, his contractors, agents or servants, labour disputes, lack of supply materials or subcontractors, fire, natural disaster, injunction or other judicial process. Should the cause of the delays be a direct result of the Client, including but not limited to the missing of selection deadlines as agreed in the selection form, and should costs be incurred by the “HandyHome” as a direct result of these delays, said costs are to be paid by the Client.
25.4 CHANGES IN WORK
No single change or cumulative change in work greater than $500.00 shall be made by either the “HandyHome” or the Client without a written “Additional Investment Request” (AIR) or other amending agreement in writing. All AIRs that reduce the scope of work and provide a credit to the Contract Price shall be presented on an AIR form by the “HandyHome” for the Client’s acceptance. All AIRs that increase the Contract Price shall be subject to an overhead and profit fee additional to the direct cost of the work.
25.5 STANDARDS OF WORK
The “HandyHome” agrees to supply all labour, materials and supervision to complete the Work in accordance with the Agreement, and agrees to undertake all Work diligently in a good and workmanlike manner, in accordance with the Construction Performance Guidelines prepared by the Tarion New Home Warranty Program and in compliance with the Ontario Building Code, and in compliance with all other relevant building codes of authorities having jurisdiction.
The Client accepts that there may be inconvenience from time to time and the “HandyHome” agrees to keep such inconveniences to a reasonable minimum.
The “HandyHome” shall at all times maintain the Lands reasonably free from all rubbish and waste material. At the completion of the Work, the “HandyHome” shall leave the Lands in a reasonably clean condition and fit for use. All equipment, materials, sheds, hoardings, fencing, rubbish and similar materials incidental to the project shall be cleaned or removed from the Lands by the “HandyHome”.
25.7 SITE SERVICES
The Client agrees to either be present at the scheduled work time to ensure the “HandyHome” has reasonable access to the working area, or arrange for access ahead of time for the “HandyHome” Company. The Client agrees to provide access to washroom facilities for the use of the “HandyHome’s” staff. Client agrees to provide all temporary power and heat required to perform the Work. Should either/both not be available, the “HandyHome” shall provide at the Client’s expense. Storage for materials and tools required for this project shall not be on lawns, flowerbeds or landscape features of the Lands and shall be contained within the garage or driveway.
a) The “HandyHome” shall correct any defect in the work due to faulty workmanship (not cosmetic deficiencies) appearing within a period of ONE month from the Completion Date of this Agreement.
b) The Client shall give the “HandyHome” written notice of such defects within a reasonable time, and in any event within ONE month from the Completion Date of this Agreement.
c) This Warranty does not cover equipment or supplies that come with their own individual warranties from the manufacturer of the equipment or the supplier of goods and does not cover damage or defect in areas of the house/building outside the scope of work that may be adversely affected by the Work.
d) This warranty does not cover any materials or equipment not provided by the “HandyHome” but by a 3rd party or the Client.
e) Defects should be fixed within reasonable timeframe of the Client’s request, unless the “Handyhome” will have to supply material which requires additional time outside of their control.
The “HandyHome” shall provide and maintain, at its expense, general liability insurance in the amount of $2,000,000 for any claims of negligence that cause bodily injury or property damage on the work site described in the agreement.
Since there is still the possibility that claims could arise that are not the negligence of the contractor, the Client is responsible for maintaining adequate personal liability insurance and adequate property insurance to protect themselves during the construction period. It is mandatory that the Client obtain permission from their insurance company to allow construction/renovation to take place on the property. By signing this agreement, the Client is providing the “HandyHome” with confirmation that the Client has personal insurance in place during the construction period.
25. 10 DEFAULT BY CLIENT
If payment of any of the amounts to be paid to the “HandyHome” are not made at the time specified, or if the Client defaults in any of the other covenants or agreements, the “HandyHome” may, at its option, cease work and treat the Agreement as repudiated forthwith on the occurrence of such default, and the “HandyHome” may recover payment for the Work already completed plus damages, including loss of profit together with interest thereon at the same rate of interest as on overdue payments 10% per diem.
25.11 REPRESENTATION BY CLIENTS
The Clients by their execution of this Agreement confirm to the “HandyHome” that they are all of the Clients of the Lands and have the power and capacity to enter into this Agreement and have the means available to pay the Contract Price in accordance with the terms of this Agreement.
25 .12 FINAL INSPECTION
Prior to making final payment of 10% (90% of payment will be provided before final inspection), the Client shall have the opportunity to review all completed work with the Company. Client will have the opportunity to identify any incomplete work and request such issues be fixed. Any requested that are not part of the building codes or related to cosmetic deficiencies may or may not be subjected to repair and is fully to the discretion of the company. “Handyhome” will take no responsibility of any damage accrued post the final inspection.
25.13 PERMITS, LICENSING, & APPROVALS
Client is responsible for procuring any permits or approvals required for the completion of the projects listed in the scope of work. This includes any zoning changes or changes to applicable covenants or local building guidelines. Handyman shall be responsible for any professional licensing required for the execution of the work outlined in the scope of work.
26. ENTIRE AGREEMENT
26.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
26.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
26.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. 20.4 Nothing in this clause limits or excludes any liability for fraud.
27. LAW AND JURISDICTION
27.1 Contracts for the purchase of Products from us and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Ontario law and the federal laws of Canada applicable therein. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Ontario. You expressly agree: (I) to submit to the exclusive personal jurisdiction of the courts of Ontario; and (ii) that the Products and the Services shall be deemed passive that do not give rise to personal jurisdiction over HANDYHOME INC., either specific or general, in jurisdictions other than Ontario.
The signing party hereby confirms that they are either the primary owners of the property or are fully and legally authorized and have the capacity to bind and enter into such agreement. Furthermore, the Client confirms having the means available to pay the work in accordance with the terms of this Agreement, having read this agreement in its entirety together with all attachments and revisions thereof.