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DesignMenu.Ca (hereafter “Design Menu”) is an online service for your use and information. Access to this site is provided in consideration of and subject to the following terms and conditions:
In accessing the site, you understand that, unless otherwise indicated, the products and services offered by Design Menu are maintained by independent providers. These products and services are not endorsed by the Released Parties, who accept no responsibility or liability in connection with them. By accessing this site, you agree that Design Menu services are provided on an “as is” and “as available” basis without warranty of any kind, either expressed or implied. You further hereby agree to hold the Released Parties harmless for any and all damages which may result from use of or reliance upon any of the goods or services ordered or secured by you in using this site. This waiver includes, but is not limited to, all personal injury (whether physical or emotional) and all business or economic loss incurred in connection with the use of any good or service featured on this site.
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Maintenance Services General Service Agreement
THIS GENERAL SERVICE AGREEMENT (the “Agreement”) is dated upon first successful payment in full for service to that date of payment, per 3rd party payment processor records or reports.
As specified when signing up for service
715 Wharncliffe Rd. Duncan BC CA V9L 2K2
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 and conditions 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:
The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
Maintenance services as described on our website at the time of signing up for service, specific to the plan or plans that Client signed up and made payment in full for.
The Services will also include any other tasks which the Parties may agree on in writing or via email, if payment is agreed upon and received by Contractor in full, or partially as agreed. 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 indefinitely until terminated as provided in this Agreement.
In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days’ written notice to the other Party, or Client may refuse or otherwise fail to provide payment in full within 30 days of initial or recurring invoice.
In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
This Agreement may be terminated at any time by mutual agreement of the Parties. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
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).
Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client or Contractor which would reasonably be considered to be proprietary to the Client or Contractor including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client or Contractor and where the release of that Confidential Information could reasonably be expected to cause harm to the Client or Contractor.
The Client and Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Client or Contractor has obtained, except as authorized by the Client or Contractor or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Client to the Contractor or Contractor to Client 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 Client or Contractor.
OWNERSHIP OF INTELLECTUAL PROPERTY
All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, is a “work made for hire” and will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
RETURN OR DESTRUCTION OF PROPERTY
Upon the expiry or termination of this Agreement, the Contractor will return to the Client any physical property, documentation, records, or Confidential Information which is the property of the Client. Any digital property, documentation, or Confidential Information will be provided to the Client if requested prior to the expiry or termination of this Agreement, and then securely destroyed by Contractor within 30 days of termination.
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 joint 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 given via known business email or in writing and delivered to the Parties at the following addresses:
Client’s Email address specified when signing up
715 Wharncliffe Rd. Duncan BC CA V9L 2K2
or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
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 evidenced in writing signed by each Party or an authorized representative of each Party.
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.
This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
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.
IN WITNESS WHEREOF the Parties have duly agreed upon sign-up for service with payment received in full.
Updated: November 27, 2019