Terms And Conditions
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.
- 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.
- 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.
- 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.
- COPYRIGHT NOTICE
Copyright (c) 2021 HANDYHOME INC.
Subject to the express provisions of these terms and conditions:
- 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
- All the copyright and other intellectual property rights in our website and the material on our website are reserved.
- LICENSE TO USE WEBSITE
- View pages from our website in a web browser;
- Download pages from our website for caching in a web browser;
- Print pages from our website;
- Stream audio and video files from our website; and
- Use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
- Except as expressly permitted 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.
- You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
- Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
- Republish material from our website (including republication on another website);
- Sell, rent or sub-license material from our website;
- Show any material from our website in public;
- Exploit material from our website for a commercial purpose; or
- Redistribute material from our website.
Notwithstanding you MAY redistribute our newsletter in print and electronic form to any person.
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.
- ACCEPTABLE USE
You must not:
- 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;
- 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;
- 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;
- 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;
- Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- Violate the directives set out in the robots.txt file for our website; or
- Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our website to contact individuals, companies or other persons or entities.
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.
- YOUR CONTENT: LICENSE
- 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.
- 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.
- You grant to us the right to sub-license the rights licensed
- You grant to us the right to bring an action for infringement of the rights licensed under Section
- 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.
- 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.
- YOUR CONTENT: RULES
You warrant and represent that your content will comply with these terms and conditions.
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).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- Be libelous or maliciously false;
- Be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- Infringe any right of confidence, right of privacy or right under data protection legislation;
- Constitute negligent advice or contain any negligent statement;
- Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity:
- Be in contempt of any court, or in breach of any court order;
- Be in breach of racial or religious hatred or discrimination legislation;
- Be blasphemous;
- Be in breach of official secrets legislation;
- Be in breach of any contractual obligation owed to any person;
- Depict violence in an explicit, graphic or gratuitous manner;
- Be pornographic, lewd, suggestive or sexually explicit;
- Be untrue, false, inaccurate or misleading;
- 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;
- Constitute spam;
- Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- Cause annoyance, inconvenience or needless anxiety to any person.
- LIMITED WARRANTIES
We do not warrant or represent:
- The completeness or accuracy of the information published on our website;
- That the material on the website is up to date; or
- That the website or any service on the website will remain available.
- 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.
- 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.
- LIMITATIONS AND EXCLUSIONS OF LIABILITY
- Nothing in these terms and conditions will:
- Limit or exclude any liability for death or personal injury resulting from negligence;
- Limit or exclude any liability for fraud or fraudulent misrepresentation;
- Limit any liabilities in any way that is not permitted under applicable law; or
- Exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out and elsewhere in these terms and conditions:
- 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.
- 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.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 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.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- 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).
- 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.
- HANDYHOME INC. shall never be held liable for third-party contractor’s workmanship, quality, errors and omissions.
- BREACHES OF THESE TERMS AND CONDITIONS
- 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:
- Send you one or more formal warnings;
- Temporarily suspend your access to our website and services;
- 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:
- Permanently prohibit you from accessing our website;
- Block computers using your IP address from accessing our website;
- Contact any or all of your internet service providers and request that they block your access to our website;
- Commence legal action against you, whether for breach of contract or otherwise; and/or
- Suspend or delete your account on our website.
- 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).
- We may revise these terms and conditions from time to time.
- 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.
- 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.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- 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.
- 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.
- 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.
- LINKS TO THIRD-PARTY WEBSITES
THE CONTRACT DOCUMENTS (the “Agreement”) FOR ALL HANDYMAN AND 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.
ACCESS TO HOME
- By agreeing to the terms and conditions you are allowing us and our associates and 3rd party contractors full access to your home.
- 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.
LAST MINUTE CANCELLATION OR NO-SHOW
“HandyHome” fee for all cancellation under 24 business hours or no- show is $149+ HST.
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 via an estimate or job work order.
The Work shall be done on the lands (The “Lands”) which are owned by the “Client”.
“HandyHome” Handyman rates starting from $109.00+ HST per hour with a minimum of $239 per call. Minimum charge includes up to 2 hours of labor. Finishing materials are not included.
- There is a 30 min travel time added per day for locations that are outside of our 10km radios from the head office in concord. Locations that will require travel time as following:
- Downtown Toronto, Mississauga, Brampton, Etobicoke, and North of King.
- The “HandyHome” shall add travel time to additional locations if service requires is less than 4 hours or outside the boundaries mentioned above.
- The “HandyHome” shall change, modify, cancel or add travel time charges as see fit.
“HandyHome” will provide the “Client” with an estimate that is an approximation and is not a guarantee. The estimate is based on information provided from the client regarding project requirements. Actual cost may change once all project elements are finalized or negotiated. Prior to any changes of cost, the client will be notified. Estimate valid for 30 days.
Estimates are provided on a best endeavors basis only and, unless a fixed price quotation has been provided to the customer, work will be charged based upon the price of parts provided by The Company plus labor which will be charged by the hour or part thereof and may include time taken to research, source and purchase any materials provided.
PAYMENTS FOR HANDYMAN WORK
Unless explicitly agreed prior to commencement of work, payment will be due in full upon completion of the work or services provided BASED ON HOURS WORKED. Where a quotation has been provided, the full amount, less any payments already made, is payable. Where a quotation has not been provided, The Company’s agent will advise the customer of the amount due and will post a detailed receipted invoice within 1 week.
All prices include sales tax at the appropriate rate. Acceptable methods of payment are:
Electronic Payment – [email protected], Cheque, visa, MasterCard, American express.
The “Client” will be responsible for payment of all applicable federal, state and local taxes and assessments (including sales, use and similar taxes) levied on the transaction contemplated by the estimate. No tax exemption will be recognized unless a valid exemption certificate is provided.
All invoices for services covered by the estimate are payable within fifteen (15) days after invoice date (i.e. net 15).
Late Charges; Interest. Any invoices not paid by you on or before the due date will bear interest after the due date until the invoice is paid at the lesser of twelve (12%) percent per annum or the highest lawful rate.
TIMING FOR RENOVATION
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 90% 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.
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 (Email is acceptable). 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.
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”
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.
- 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.
- 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.
- 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.
- This warranty does not cover any materials or equipment not provided by the “HandyHome” but by a 3rd party or the Client.
- 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.
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.
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.
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.
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.
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.
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.
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.
LAW AND JURISDICTION
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.