TERMS OF SERVICE
As a client, customer, employee or anything that pertains usage of our “Site”, https://highpropertyservices.com or High Property Services, Inc as a “Company” you agree to all of the terms and conditions that follow:
- The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
- The Contractor is agreeable to providing such services to the Client on the terms of service set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties to this Agreement) agree as follows:
- By using the High Property Services Incorporated Material (as defined below), the Client is deemed to accept the validity of and be bound by the Agreement as stated herein without modification. High Property Services Incorporated owns the High Property Services Incorporated trade name, brand and trademark and websites. High Property Services Incorporated Material is defined as any legal materials, documents, contracts, software, products, web links, email, information, partial High Property Services Material or any other materials provided by High Property Services Incorporated or its websites.
- The Client uses High Property Services Incorporated’s web site (the “Site”) at their own risk.
- The Client hereby agrees to engage the Contractor to provide the Client with services (the “Services”) consisting of:
- Services personally selected by the Client through the Contractor’s website
- The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
Term of Agreement
- The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent or electronic agreement of the Parties.
- In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in CAD (Canadian Dollars).
- For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the “Compensation”) to the Contractor of a fixed amount stated on the website and agreed upon by the Client.
- The Client will by invoiced or billed after the work is complete.
- Invoices submitted by the Contractor to the Client are due within 30 days of receipt.
- The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
- High Property Services Incorporated retains the right to make changes to its services pricing as it sees fit. Detailed service pricing guideline can be found at Pricing Guideline (add hyperlink).
- To the maximum extent allowable under applicable law, except as explicitly identified in these terms, the Client agrees not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any High Property Services Incorporated Materials, nor will the Client allow or assist a third party to do so. High Property Services Incorporated retains the right to prohibit organizations, groups, or individuals, or the Client from using its websites or High Property Services Incorporated Materials or High Property Services Incorporated services at its discretion.
- This Agreement an be assigned to a new homeowner upon verbal or written agreement between the Client and the new homeowner, given that the new homeowner has provided High Property Services Incorporated their email and detailed billing information.
- Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonable by expected to cause harm to the Client.
- The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will cease to be in effect upon termination of this Agreement.
- All written and oral information and Material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
Ownership of Intellectual Property
- High Property Services Incorporated DOES NOT transfer to the Client title to any copy, or original, of the documents or any other High Property Services Incorporated Material. All ownership, copyright and other intellectual property rights to any High Property Services Incorporated Material belongs solely to High Property Services Incorporated except as expressly licensed in this Agreement. Without reducing or restricting any other remedies that High Property Services Incorporated may be entitled to, the Client agrees that, to the extent allowable under applicable law, any automated system using any High Property Services Incorporated Material will be the property of High Property Services Incorporated. Works derived from High Property Services Incorporated Material shall be the property of High Property Services Incorporated. High Property Services Incorporated shall have the right to represent its suppliers in any dispute.
- Except as expressly provided in this Agreement, to the maximum extent permitted under applicable law, High Property Services Incorporated Material and High Property Services Incorporated Services are provided “as is” without any kind of warranty.
- The Client accepts full responsibility for determining whether High Property Services Incorporated Material and High Property Services Incorporated Services are suitable for any particular purpose and for protecting the Client themself against any possible consequential damages. Except as expressly provided in this Agreement, the Contractor is not responsible for any loss, injury, claim, liability, damage, or consequential damage related to the Client’s use of High Property Services Incorporated Material and High Property Services Incorporated Services, or for inaccessibility of High Property Services Incorporated Material and High Property Services Incorporated Services whether from errors or omissions in the content of High Property Services Incorporated Material and High Property Services Incorporated Services or any other linked sites or for any other reason. Use of High Property Services Incorporated Material and High Property Services Incorporated Services is at the Client’s own risk. High Property Services Incorporated does not represent or warrant that High Property Services Incorporated Material, High Property Services Incorporated websites, or any linked sites are free of any harmful materials.
- Except as expressly provided in this Agreement, the maximum liability of High Property Services Incorporated is the amount paid to High Property Services Incorporated by the Client. The maximum liability of High Property Services Incorporated for any High Property Services Incorporated Services is the portion of the amount paid to High Property Services Incorporated by the Client specifically for the High Property Services Incorporated Services as calculated by High Property Services Incorporated.
Guarantees and Refunds
- All guarantees are subject to any limitations specified in any High Property Services Incorporated Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions For a guarantee to apply to a product, it must be explicitly promoted in High Property Services Incorporated Material for that product at the time of payment. A Client is only entitled to one Guarantee claim. Should the Client accept a Guarantee related payment from High Property Services Incorporated, they waive their right to any additional claims against High Property Services Incorporated regarding any Guarantee unless otherwise agreed to in writing. High Property Services Incorporated has no obligation to refund one time purchases.
- The following additional restrictions apply to the Guarantees payments for mistakes:
- The Contractor having failed to perform Services agreed upon by both parties.
- The Contractor having completed only half of the Services agreed upon by both parties.
- The Contractor providing incomplete Services exceeding a period of one week (7 days), given proper weather conditions that permits a safe working environment.
- The Contractor is only required to pay the Client once for a mistake no matter how many mistakes they may bring to the Contractor’s attention.
- In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or join venture between them, and is exclusively a contract for service.
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be electronically delivered through email to the Parties of this Agreement as follows:
- The “Contractor”
- The “Client”
Email account personalized by the Client
- The Client agrees to indemnify and hold High Property Services Incorporated, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of the Client’s use of High Property Services Incorporated’s websites, or High Property Services Incorporated Material or High Property Services Incorporated Services.
- In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.
- If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Province of British Columbia. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the Province of British Columbia.
Modification of Agreement
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if writing signed by each Party, or an authorized representative of each Party, or acknowledgment and acceptance of an electronic contract that may be presented on the Contractor’s website, or in the Client’s email inbox.
Time of the Essence
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
- The Contractor will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
- This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of British Columbia, without regard to the jurisdiction in which any action or special proceeding may be instituted. The Client will irrevocably attorn to the exclusive jurisdiction of the courts of Vancouver, British Columbia, Canada.
- Subject to exceptions specified herein, if the Client and the Contractor are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
- A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, High Property Services Incorporated will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Vancouver, British Columbia, Canada.
- The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys’ fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
- Exceptions to the use of binding arbitration are as follows:
- High Property Services Incorporated may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.
Class Action Waiver
- The Client will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Modification of the Agreement
- High Property Services Incorporated reserves the right to change the terms of service, or policies, or Agreement at any time and to notify the Client by updating the Site. Other terms of service are only valid when signed in writing by an authorized High Property Services Incorporated officer.
- If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
- Prices are subject to change and adjusted based off customers requirements.
- High Property Services has the right to make adjustments as they see accordingly, fit and suitable on a case by case basis.
- Notifications will be sent to the client via e-mail for all or any pricing adjustments.
- Please see our pricing chart guideline below before ordering any of our services.