Terms and Conditions

Services Provided - Customer hereby agrees to engage MKG Services for the purpose of providing services identified in the estimate provided by MKG Services. MKG Services hereby agrees to provide such services to the customer.

 

Term 

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1. Commercial - The term of the Agreement starts May 1st and ends September 31st (Lawn Cutting) or starts October 1st and ends April 30th (Snow Removal) of this year, however if both parties agree, MKG Services can accommodate an earlier start date and longer end date depending on the weather.

2. Residential - The term will be agreed upon by both parties based on the scope of work required for the particular project. MKG Services will strive to meet the agreed to term however weather related factors may effect the agreed to timeline

 

Prices - Prices are noted in the estimate provided to the Customer, any agreed to changes will be revised and resent to the customer for approval via a new estimate or change order.  All dollar amounts in this estimate are expressed in Canadian dollars.

 

Invoice and Payment Terms 

Commercial 

1. Automatic Billing – An invoice will be sent 30 days before the billable month and the credit card on file will automatically be billed on the first day of the billable month. A 3% credit card fee will apply. For example, your credit card will be billed on May 1st, for services you will receive in May. You will receive this invoice on April 1st prior to your credit card being billed.

2. Net 30 - If you choose not to use our automated billing program, an additional $0.001 per square foot will be added to the estimate prices. Invoices will be sent on the first day of the month for that billable month. Invoice are to be paid in full within 30 days. Accounts not paid within terms are subject to annual interest rate of 20%.

 

Residential - For all construction related activities the customer agrees to pay based on the following milestones.

1. First Milestone - Predetermined material cost will be paid immediately upon agreement of scope and price agreed to in the signed estimate. 

2. Second Milestone - Half of the remaining amount owed will be paid once construction hits the halfway point agreed to in the signed estimate.

3. Third Milestone - The remaining amount owed will be paid upon completion of the construction, as agreed to in the signed estimate.

4. Change Orders - Any changes to the design after the estimate has been signed will be paid in the following manner, half immediately upon signing of the change order and the remaining half at the completion of the project. 

 

At each of the milestones mentioned above payment can be made via, E-transfer, cash or credit card with an additional 3% credit card fee.

 

Cancellation – Either party may cancel the agreement for convenience upon thirty (30) days written notice. Upon such cancellation the customer shall pay MKG Services for all services provided to the effective date of the cancellation.

 

Autonomy – Except as otherwise provided in this agreement, MKG Services will have full control over working time, methods and decision making in relation to the provision of the services in accordance with the Agreement. The MKG Services will work autonomously and not at the direction of the customer. However, MKG Services will be responsive to the reasonable needs and concerns of the customer.

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Equipment – Except as otherwise  provided in this Agreement, MKG Services will provide at our own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the services in accordance with the agreement.

 

Taxes – All amounts set forth in this estimate or the schedules shall be net of goods and services tax (GST). GST applicable to the amounts payable by customer shall be shown as a separate item on MKG Services invoice and all invoices shall bear MKG Services GST Registration Number. MKG Services is registered for GST and its GST registration number is 77665 027.

 

Capacity/Independent Contractor - In providing the Services under this Agreement it is expressly agreed that the MKG Services is acting as an independent contractor and not as an employee. The MKG Services and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

 

Right of Substitution - Except as otherwise provided in this Agreement, MKG Services may, at the MKG Services absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

In the event that the MKG Services hires a sub-contractor: the MKG Services will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the MKG Services. For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the MKG Services. A Hold harmless clause- MKG Services will not be held liable in any way for the risk, danger, injury, damages, or dissatisfaction of the Customer. MKG Services is not liable for sub-contractor. MKG Services can recommend  sub-contractor final decision is based on the Customer Agreement. Any Issues/matters will need to be brought to and dealt with sub-contractor.

 

Notice – All notices, requests or other communications required or permitted by the terms  of this agreement will be given in writing via email to the following addresses: MKG Services, kyle @mkgserivces.ca and customer noted below in customer details form.

 

Indemnification – 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.

 

Assignment - The MKG Services 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.

 

Entire Agreement - It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

 

Enurement - 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.

 

Title/Headings - Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

 

Governing Law - This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta.

 

Severability - 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.

 

Waiver - 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.

 

Rain Days – Even though we strive to cut your lawn or build your deck/fence agreed to, the weather may push your project back a couple days. We will strive to ensure all projects are completed in a timely manner, without damaging your property.