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(“YOU”, THE “CUSTOMER”)
11130331 CANADA INC. O/A HOME SERVICE SOLUTIONS LTD.
(“US”, THE “COMPANY”)
THIS SUBSCRIPTION AGREEMENT (THE “AGREEMENT”) CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. BY SIGNING THIS AGREEMENT BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.
1. YOUR SUBCRIPTION
Please select from one of the following subscription packages, which may have been explained to you by one of our customer service representatives. Please be aware that your payments under this Agreement shall be in accordance to the Monthly Fee of your chosen subscription. Collectively, your chosen subscription package and the terms and conditions of this Agreement, which govern your chosen subscription, shall be referred to herein as the “Subscription”. The words Agreement and Subscription may be used interchangeably in this Agreement and both shall reference to the entirety of the terms and conditions herein and the Subscription granted to you herein.
PACKAGE | HSS DOLLARS | MONTHLY FEE
BRONZE $450.00 per annum $29.95 per month ()
SILVER $800.00 per annum $49.95 per month ()
GOLD $1100.00 per annum $69.95 per month ()
PLATINUM $1600.00 per annum $99.95 per month ()
DIAMOND $2500.00 per annum $149.95 per month ()
Please initial beside your chosen subscription.
2. HSS DOLLARS
By entering into the Subscription and by selecting a subscription above you are entitled to a number of HSS Dollars per annum. The HSS dollars provided to you will be in accordance to the subscription selected by you, i.e. if you select the silver package above, you will be entitled to $800.00 HSS Dollars per annum. Nothing in this Agreement shall mean that you are entitled to the HSS Dollars on a monthly basis. HSS Dollars are solely redeemable with the Company and in accordance with the terms and conditions of this Agreement. HSS Dollars are not to be considered as actual currency and the HSS Dollars are not convertible into actual currency in anyway. The HSS dollars are not tradeable or assignable. The HSS Dollars are solely for your use under this Agreement. The HSS Dollars are similar to a points-based system and can be used to purchase the Services (as defined further in this Agreement) offered by the Company. The main purpose of the HSS Dollars is to provide you with cost-effective prices for the Services offered by the Company, as compared non-Subscription purchases.
3. APPLICATION OF HSS DOLLARS
The Company calculates the prices of Services based upon the size and dimensions of the particular section or component of the Property to be serviced and the particular type of Service to be supplied to that section or component of the Property using various metrics. For example, the Company calculates window cleaning on a per window basis, gutter cleaning on a per linear foot basis, driveway sealing on a per square foot basis, concrete power washing and sealing on a per square foot basis, and lawn aeration on a yard size basis. The Company reserves the right to amend its calculation methods for any particular Service from time to time and at its sole and unfettered discretion. The Company offers standard rates for parties purchasing the Services without a Subscription, which are calculated as a Canadian dollar value (the “Standard Rates”) and preferred rates for parties with a Subscription, which are calculated as a HSS Dollar value (the “Preferred Rates”). The attached Schedule “A” provides a breakdown and cost-comparison of Services provided by the Company on a Standards Rates basis and Preferred Rates basis. The Company reserves the right to amend the Standard rates and Preferred Rates associated with any particular Service on a time to time basis and at its sole and unfettered discretion. You may refer to the Client Portal (as defined further in this Agreement) or the Company’s website for up-to-date Standard Rates and Preferred Rates for the Services offered by the Company.
You acknowledge that you are entering into a subscription based contract wherein you will be charged a Monthly Fee in accordance to your chosen subscription. You agree that you will be charged your first Monthly Fee and any applicable taxes on the date you enter into this Agreement and you agree that you will continue to pay for such Monthly Fees and applicable taxes for the duration of the Term (as defined further in this Agreement) and until the Subscription is either cancelled or terminated in accordance to the provisions herein. You authorize the Company to store your payment details (whether credit card or direct deposit information) for the purpose of administering the Monthly Fees. You acknowledge and agree that the Company may charge reasonable administrative and penalty fees to your account if your payment details are declined or returned as “NSF”. In the event that you make a lump-sum payment towards your Monthly Fees upon entering into the Subscription, the Company may, at its sole discretion, provide you with a discount or reduction in price towards the total Monthly Fee due during the Term of this Agreement.
5. TERM; TERMINATION; AND CANCELLATION
This Agreement shall have a one-year term (365 days) from the date of execution of this Agreement (the “Term”) and you shall not be permitted to cancel or terminate this Agreement during the Term. In the event that you decide to cancel or terminate this Agreement prior to the expiry of the Term, then the Monthly Fees remaining in the Term shall be accelerated and immediately payable to the Company. The Company is hereby authorized to deduct such amount from the payment method provided by you upon notification of your decision to cancel or terminate this Agreement. The Company may or may not, waive such payment, at its sole and unfettered discretion. If you decide to prematurely terminate or cancel this Agreement, then all HSS dollars in your possession at the time of termination shall become null and void. In the event that you seek to re-continue the Subscription sometime following an early termination, you may or may not be entitled to the HSS Dollars in your possession at the time of the termination, at the Company’s sole and unfettered discretion.
The Company reserves the right to cancel or terminate this Agreement at any time at its sole and unfettered discretion and for any reason whatsoever. If the Company takes any such steps, the Company may, but is not required to, return the Monthly Fees remaining in the monthly period calculated on a pro-rata basis. If the Company determines that you have violated any of the terms and conditions of this Agreement and as a result, cancels or terminates this Agreement, then the Company shall not be required to return the Monthly Fees that you have paid during that monthly period. If the Company cancels or terminates this Agreement, then all of the HSS Dollars in your possession at the time of the cancellation or termination shall become null and void.
6. AUTOMATIC RENEWAL
The Subscription shall expire on the last day of the Term (the “Expiration Date”), unless you provide your consent or approval to renew the Subscription prior to the Expiration Date. You may provide such consent or approval by contacting the customer service team of the Company via email or telephone. If you renew the Subscription within sixty (60) days prior to the Expiration Date, then the Company many, at its sole and unfettered discretion, offer you a discount or incentive, such as bonus HSS Dollars for the subsequent or renewed term. If you decide to renew the Subscription within the sixty (60) days following the Expiration Date, then the Company may offer you, at its sole and unfettered discretion, the return of any unused HSS Dollars in your account on the Expiration Date. If you do not renew the Subscription within the (60) days period following the Expiration Date, then you shall lose all entitlement to any HSS Dollars remaining in your account at the time of the Expiration Date. You agree that in order to renew this Subscription or Agreement a further written agreement or signature shall NOT be required and that you may renew the Agreement by an email or telephone conversation with the customer service team of the Company. Upon renewal, this Subscription shall continue on the same terms and conditions as herein and shall have a further term of one-year following the renewal date.
You agree that the Services under this Agreement shall be rendered solely to the Property and shall not be rendered to any other property, whether owned by you or not. You acknowledge and agree that you have complete ownership, control, and authority in relation to the Property. You hereby permit the Company, its employees, and agents to access the Property for the purposes of rendering the Services. You shall not in any way impede the access of the Company, its employees, and agents to the Property in order for the Company to render the Services to the Property, unless you have determined that there may be a danger to yourself, to others in the Property, or the to the Company, its employees, and agents.
You are hereby permitted to use the HSS Dollars for the purpose of obtaining the following services offered by the Company: window cleaning, gutter cleaning, driveway sealing, concrete power washing, and lawn aeration (the “Services”). The HSS Dollars shall not be obtainable against the following services provided by the Company: exterior renovation projects (the “Excluded Services”). You may view an up-to-date list of Services offered by the Company on the Client Portal or the Company’s website. You acknowledge that the Services offered the Company may be specific to a season or time of the year and the Company retains the discretion to deny a Service on this basis.
Further, the Company reserves the right to deny the rendering of a Service or Services, if it determines any of the following, at its sole and unfettered discretion, a) the Service or Services are outside the scope of its skills and expertise, b) the Service or Services are dangerous to individuals inside of or outside of the Property, c) the Service or Services are dangerous to its employees and agents, 4) the Service or Services are not performable due to weather and climate conditions, and 4) the Service or Services may at the time or in the future damage the Property.
The Company shall provide the Services in a diligent and workmanlike manner. The Company shall take reasonable steps to prevent damage to your Property when rendering the Services. If the Company determines that any damage occurred to your Property as a direct result of the Services rendered by it or its agents, then the Company may, in its discretion, compensate you for such damage. The Company shall not be responsible for minor wear and tear which is expected and normal in the process of rendering the Services, such as minor chips, scratches, or marks to components on your Property. You acknowledge that the Services offered by the Company are maintenance-based services and such Services do not provide a permanent solution to any issues that you may be experiencing in relation to your Property. Instead, such Services, are required on an ongoing and continued basis to provide optimal results. For example, driveway sealing is a service that will naturally degrade overtime and will require continued upkeep. The Company shall not be responsible for your failure to provide proper maintenance or upkeep to any component of your Property.
9. UPDATES AND CHANGES
The Company reserves the right to amend the terms of the Subscription, which includes, amendments to the Services and Monthly Fee, and other terms and conditions herein. If the Company changes the Monthly Fee, the company shall provide you with a notification of this at least fourteen (14) days in advance of any such change. In such circumstances, you shall have the right to terminate the Subscription at any time on or before the scheduled date of change of Monthly Fee, irrespective of the Term in paragraph 5 herein. Your continued use of the Subscription or your lack of response to the aforesaid notification shall constitute your acceptance of the change in Monthly Fee. If the Company makes any other change to the Subscription, which is not the Monthly Fee, you shall have not right to terminate the Subscription.
10. CLIENT PORTAL
The Company may, at its sole and unfettered discretion, offer a client portal, wherein you may view the status of your account, your purchased Services, your HSS Dollars, and so on (the “Client Portal”). The Client Portal may be made available electronically in the form of a website and/or mobile application. The Client Portal may have further terms and conditions governing your use of the Client portal. You agree to abide by the terms and conditions of the Client Portal at all times. If the Company does not offer the Client Portal, you may obtain the status of your account, your purchased services, your HSS Dollars, and so on by contacting the customer service phone line of the Company.
11. MISCELLANEOUS TERMS
The Company may, at its sole and unfettered discretion, offer you benefits in addition to the HSS Dollars. Namely, the Company may offer discounts towards the Excluded Services or other services not contemplated within this Agreement, the Company may offer discounts with partner companies and businesses, the Company may offer complimentary and free of cost Services, among other things. Nothing hereunder shall mean that the Company is obligated to provide such benefits.
If you have a dispute, claim, or controversy arising due to the terms and conditions of this Agreement, you shall first negotiate such issue with the Company for a period of at least thirty (30) days, after which, you may bring a legal action solely in the courts of the Province of Ontario. This Agreement shall at all times be interpreted and construed in accordance to the laws of the Province of Ontario.
The HSS Dollars shall not be construed as actual currency and nor shall the HSS Dollars be convertible or transferable into actual currency in any way. Any other reference to currency, money, or dollar figures in this Agreement, apart from the HSS Dollars, shall be understood as Canadian Dollars.
You shall have no rights to assign or transfer this Agreement or any of your rights or obligations arising herefrom. The Company shall have complete rights to assign or transfer this Agreement in the case of a merger, acquisition, or sale to another party.
The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect.
Any notices required under this Agreement shall be directed to the Company in accordance to the contact information listed on its website (www.homeservicesolutions.ca) and shall be directed to the Customer in accordance to the contact information provided to the Company when signing up or registering for the services of the Company. If the contact information of the Customer changes, the Customer is required to promptly notify the Company.
IN WITNESSES WHEREOF, the authorized individuals and/or officers of the Parties, herein identified, being legally bound, have affixed their signatures below indicating their agreement, as of this
11130331 Canada Inc.
O/A Home Service Solutions
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