Standard Terms of Service
This Standard Terms of Service Applies to all quotations and estimates you obtain from Cypress Railings & Gates Ltd. (“Cypress”), all agreements you enter into with Cypress, and may be updated from time to time by Cypress by posting a revision of these terms to the website.
In consideration of the covenants and Agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereby agree as follows:
Cypress shall make best efforts to provide quality services as detailed in the quotation. Our estimated delivery times are based on our approximation under normal circumstance. We do not contractually guarantee the delivery times unless expressly stated as such in writing.
- Contact Person
- You will appoint a Principal Contact Person from the Client who will be responsible for relaying information to Cypress about the Client and any project(s) you retain Cypress to complete. If that Principal Contact Person should change, the Client shall notify Cypress in writing.
- Cypress’ Fee
- In consideration of Cypress’ performance of the obligations contained in this Agreement, the Client shall pay Cypress a fee in accordance with any written quotations or estimates.
- An initial non-refundable retainer of minimum 80% of total fees is to be paid to Cypress at the time of accepting any quotation or estimate. In some cases, we can take exception and start the work with 50% Deposit then %40 progress invoice and 10% hold back to the end of the work. For greater certainty, payment of the deposit constitutes your acceptance of the quotation or estimate.
- All expenses and disbursements incurred by Cypress in connection with this Agreement will be paid by Cypress.
- Any unpaid balances will accrue interest starting one month from the date of the invoice at a rate of 1.5% per month compounded monthly (annual rate of 19.56%).
- You agree to pay any collection costs that Cypress may incur in collecting payment, including court costs and full indemnity of reasonable lawyer fees.
- All the products of cypress riling will remain the properties of cypress railing and can be removed from your property by cypress railing team after providing two written electronic letter and 48 H advance warning if the payment is not fully paid.
- A 10% contingency fund is money reserved to address unforeseen financial circumstances in performing the work. Such as hitting a big rock or concrete block that was not accounted and needs more time and labour to overcome. Or $75 hourly charge per employees to solve the unforeseen situation.
- Term of this Agreement
- The Client understands and agrees that Cypress’ services are dependent upon the Client supplying Cypress with all required and necessary information and answers to queries in a prompt and timely fashion. Accordingly, the Client understands and agrees that deadlines for the completion of the project may be extended for at least a period equal to the number of days that the Client delays in providing all required and necessary information in a prompt and timely fashion.
- The Client further understands and agrees that a “prompt and timely” response to requests for Information is 3 calendar days after the Client has received the request from Cypress.
- Client understands that Cypress is under no obligation to redo any work due to the Client’s change of mind or change of circumstances. However, Cypress may do so at Cypress’ sole discretion at an extra charge.
- Rights and Obligations of the Parties
- Client acknowledges that Cypress own all copyrights in any designs and works. Cypress agrees that upon full payment for all fees, Cypress shall assign its copyright to the Client.
- Cypress here by grants a limited revocable license to Client to the designs and works for the sole purpose of review and feedback by the Client.
- Client shall not use Cypress’ draft any purpose other than comment and revision.
- Client hereby agrees that Cypress and/or its affiliates may list the project name or the Client’s name for marketing purposes.
- A waiver by Cypress of any breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or violation.
- Cypress that not warrant its services are suitable for any particular purpose and you acknowledge and agree that, to the maximum extent permitted by law, you are solely responsible for any entire risk arising out of using Cypress’ services and Cypress is not responsible for any loss or damage to any party. To the extent permitted by law, any liability of Cypress shall be limited to no greater than two hundred dollars.
- This Agreement constitutes the entire agreement of the Parties on the subject hereof and supersedes all prior understandings and instruments on such subject.
- No modification is effective unless it is in writing and signed by the Parties.
- If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect.
- This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada.
- The parties hereby agree that all their disputes arising out of or in connection with this Agreement shall be adjudicated exclusively by the Provincial Court in the City of North Vancouver, British Columbia, or if the matter exceeds the limit of the small claims court, shall be adjudicated exclusively by the Supreme Court in the City of Vancouver.
- The signing authority and representative of the Client agrees to assume any unpaid billing to Cypress as a personal liability and is therefore also signing this Agreement as a personal guarantor.
- Any notice required or permitted to be given by the provisions of this Agreement will be in writing and will be conclusively deemed to have been received on the day it is delivered to that Party by any commercial courier providing acknowledgment of receipt.