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Terms of Service

Last Updated: December 1, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and CottageTech Solutions, a corporation incorporated under the laws of Ontario, Canada ("Company," "we," "our," or "us").

By accessing our website, using our services, or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Description of Services

2.1 Smart Cottage Technology Services

CottageTech Solutions provides the following services:

  • Design and installation of smart cottage automation systems
  • Climate control and HVAC automation
  • Energy management and solar power integration
  • Water system monitoring and automation
  • Security and surveillance systems
  • Remote monitoring and support services
  • Maintenance and repair services
  • Consultation and system design services

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to customers. We will make efforts to minimize disruption to existing installations and services.

3. Service Agreements and Contracts

3.1 Individual Service Contracts

Specific terms for installations, monitoring services, and maintenance will be outlined in individual service contracts. These contracts supplement and are governed by these Terms of Service.

3.2 Quotes and Estimates

All quotes and estimates are valid for 30 days unless otherwise specified. Final pricing may vary based on site conditions, material costs, and scope changes discovered during installation.

3.3 Changes to Scope

Any changes to the agreed scope of work must be documented in writing and approved by both parties before implementation. Additional costs resulting from scope changes will be the customer's responsibility.

4. Payment Terms

4.1 Payment Schedule

Unless otherwise specified in your service contract:

  • Consultation fees are due upon completion of service
  • Installation projects require 50% deposit upon contract signing
  • Remaining balance is due upon project completion
  • Monthly monitoring fees are due in advance
  • Emergency service calls are due within 30 days of service

4.2 Late Payments

Late payments may incur a service charge of 1.5% per month (18% annually) on outstanding balances. Monitoring services may be suspended for accounts more than 60 days overdue.

4.3 Taxes

All prices are exclusive of applicable taxes (HST, GST, PST) unless otherwise stated. Customers are responsible for all applicable taxes.

5. Installation and Service Performance

5.1 Site Access and Preparation

Customers must provide:

  • Safe and reasonable access to installation areas
  • Electrical power appropriate for installations
  • Clear work areas free of personal property
  • Advance notice of any site hazards or special conditions
  • Required permits (where customer responsibility is specified)

5.2 Installation Timeline

Installation timelines are estimates based on normal conditions. Delays due to weather, site conditions, permit issues, or material availability may extend completion dates.

5.3 Testing and Acceptance

Upon completion of installation, customers will be provided with system testing and training. Written acceptance or 7 days of system use without written objection constitutes acceptance of the installation.

6. Warranties and Guarantees

6.1 Installation Warranty

We warrant our installation workmanship for a period of two (2) years from the completion date. This warranty covers defects in installation but does not cover:

  • Normal wear and tear
  • Damage from customer misuse or modifications
  • Damage from environmental factors beyond our control
  • Third-party equipment malfunctions

6.2 Equipment Warranties

Equipment is covered by manufacturer warranties, which we will assist in processing. We provide extended warranty options for comprehensive coverage beyond manufacturer terms.

6.3 Service Guarantee

We guarantee our monitoring services will operate with 99.5% uptime, excluding planned maintenance and force majeure events. Service credits may be available for extended outages.

7. Limitation of Liability

7.1 General Limitations

To the maximum extent permitted by law, our total liability for any claim arising from or related to our services shall not exceed the total amount paid by the customer for the specific service giving rise to the claim.

7.2 Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data loss, or business interruption, regardless of the theory of liability.

7.3 Emergency Response

While we provide 24/7 emergency support, response times may vary based on weather conditions, location, and technician availability. We cannot guarantee immediate response for all emergency calls.

8. Customer Responsibilities

8.1 System Maintenance

Customers are responsible for:

  • Basic system maintenance as outlined in user manuals
  • Promptly reporting system issues or malfunctions
  • Maintaining adequate internet connectivity for monitored systems
  • Keeping system access passwords secure
  • Notifying us of any changes to contact information

8.2 Safety and Compliance

Customers must:

  • Use systems only as intended and trained
  • Comply with all applicable building codes and regulations
  • Obtain required permits where specified as customer responsibility
  • Maintain adequate insurance coverage for their property

9. Intellectual Property

9.1 Our Intellectual Property

All proprietary systems, software, designs, and documentation remain our intellectual property. Customers receive a limited license to use these materials solely in connection with installed systems.

9.2 Customer Data

Customers retain ownership of their data collected by installed systems. We may use aggregated, anonymized data for research and development purposes.

10. Privacy and Data Protection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Termination

11.1 Termination by Customer

Customers may terminate monitoring services with 30 days written notice. Installation contracts cannot be terminated once work has commenced without penalty for work completed and materials ordered.

11.2 Termination by Company

We may terminate services immediately for:

  • Non-payment of fees after proper notice
  • Breach of these Terms or service contracts
  • Unsafe site conditions that cannot be remedied
  • Customer conduct that endangers our personnel

12. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from acts beyond their reasonable control, including natural disasters, severe weather, government actions, labour disputes, or supply chain disruptions.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be subject to the exclusive jurisdiction of the courts of Ontario.

14. Dispute Resolution

14.1 Informal Resolution

We encourage customers to contact us directly to resolve any concerns or disputes informally before pursuing formal legal action.

14.2 Mediation

If informal resolution is unsuccessful, disputes may be submitted to mediation through a mutually agreed mediator before litigation.

14.3 Limitation Period

Any claim arising from our services must be brought within one (1) year of the date the claim arose or could reasonably have been discovered.

15. Insurance and Indemnification

15.1 Our Insurance

We maintain comprehensive general liability, professional liability, and workers' compensation insurance appropriate for our services.

15.2 Customer Insurance

Customers are strongly encouraged to maintain adequate property and liability insurance covering their cottage and installed systems.

16. Subcontractors and Partners

We may engage qualified subcontractors and partners to provide services. All subcontractors are required to meet our quality and safety standards and carry appropriate insurance.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be replaced with an enforceable provision that most closely reflects the original intent.

18. Entire Agreement

These Terms, together with individual service contracts and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.

19. Amendments

We may update these Terms from time to time. Material changes will be communicated to customers with reasonable advance notice. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.

20. Contact Information

For questions about these Terms or to report issues, please contact us:

CottageTech Solutions
1455 Lakeshore Blvd W
Toronto, ON M6S 5A8
Canada

Email: [email protected]
Phone: +1 (416) 555-0123
Emergency: +1 (416) 555-0124

21. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have the authority to enter into this agreement on behalf of yourself or your organization.

CottageTech Solutions
Your trusted partner in smart cottage technology since 2009.

These Terms are effective as of the date last updated above and remain in effect until superseded by updated Terms.

CottageTech Solutions

CottageTech Solutions

Transforming Canadian cottages with smart technology since 2009.

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1455 Lakeshore Blvd W, Toronto, ON M6S 5A8

+1 (416) 555-0123

[email protected]

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