Revision Date: January 7, 2015
1. ACCEPTANCE - The person to whom this Agreement Is addressed (hereinafter called the “Customer’) accepts this Agreement and all of the terms and conditions hereof by signing it. Acceptance of this Agreement shall constitute a valid and binding contract between the Customer and Peak Safety Services (hereinafter called “The Consultant’) for the services (the "Work") specified on the face hereof and in the schedules attached
hereto. Terms and conditions different from or in addition to those set forth herein, including any contained in Customer's Purchase Order or other written instrument shall not be binding on The Consultant unless accepted by its authorized representative in writing. This Agreement constitutes the entire agreement among the parties hereto with respect to all matters herein and supersedes all prior agreements, negotiations,
representations and agreements, written or oral, between the parties with respect to the subject matter herein.
2. PRICE - Customer shall pay or reimburse The Consultant for all applicable duties, sales, use and goods and services taxes unless Customer furnishes appropriate evidence of exemption. The price is subject to change without notice. Amounts overdue under invoices for the goods and services covered by this Agreement shall bear interest at the rate of 1 1/2% per month (18% per annum). All payments are to be made in Canadian currency unless otherwise stated herein. At a minimum the customer will be responsible for fees associated with the minimum number of participants listed on the course confirmation form.
3. CANCELATION – (a) Customer shall provide at least 7 (seven) days’ notice prior to the date of the course in order receive a 100% refund from the consultant. For cancellations less than 7 (seven) days a $30.00/participant cancellation fee will apply. The Cancellation fee will be deducted from potential customer refund. The consultant will endeavour to process the refund within 4 (four) to 6 (six) weeks. Refund cheques will be made payable to the name provided during registration & payment. Refund cheques will be mailed to the address provided during the checkout process on the consultant’s records. No refund will be given for cancellation within 48hrs of the scheduled course. (b) Blended Learning
Standard First Aid Course – Customers who fail to demonstrate the required skills listed in the Skills Assessment Checklists will be required to enroll in another Blended Learning Skills day, a $50.00 non-refundable charge will apply. Customers are required to achieve a 50% passing mark on the Day Two (2) recap quiz; failure to do so will result in the customer having to attend a Day Two Practical Training session at a later date (within two weeks of the failed test); a $50.00 non-refundable fee will apply. (c) Customers who fail to attend their scheduled course or are greater than fifteen (15) minutes late will forfeit their registration fees and will not be entitled to a refund.
4. RESCHEDULE -- To reschedule your course a $20.00/participant fee will apply. The Rescheduling fee must be paid prior to any rescheduling to occur. Please note that rescheduling is subject to availability of courses. Peak Safety Services cannot guarantee the availability of courses. Rescheduling of courses is at the discretion of the Consultant.
5. PAYMENT -- If paying by personal/ business cheque: The cheque must be received 7 (seven) days prior to the course date to allow for processing. There is a $30.00 fee for cheques returned Non-Sufficient Funds (NSF). Participants whom cheques are returned NSF will be required to pay for their course online via major credit card. The link will be emailed directly to the participants email provided on the registration form. NSF & Cancellation fees will be sent to collections (and may affect your credit rating) within 30 days of the date of the course registered for on the registration form. Failure to attend your scheduled course or cancel within 48hrs of your course will result in 100% forfeit of your registration fees. Participants who fail to attend will be subject to full course fees to attend subsequent courses. All course fees shall be paid prior to course registration.
6. CHANGES IN THE WORK – All changes to the Work by way of altering, adding to or deducting from the Work shall only be made upon the written agreement of The Consultant and the Customer including, but not limited to, changes in the contact price and schedule of the Work.
7. DELAYS - The Consultant shall not be held liable for any costs, loss or damage due to delays of any kind in the furnishing of material or labor, nor any costs, loss or damages that are not directly and exclusively due to an act or omission of The Consultant. Under no circumstances will The Consultant be held liable for indirect or consequential damages of any kind. The expiration of the period for which payments have been made by the Customer shall constitute a full and complete waiver and release by the Customer of all claims against The Consultant whatsoever and however caused, except those previously made in writing and still unsettled, if any. The Customer will be liable for any future imposed government taxes or charges, now or thereafter relating to the services and materials provided under this Agreement.
8. INSURANCE - (a) Upon request by the Customer, The Consultant shall provide such evidence of compliance by itself with any applicable Workers Compensation legislation in the place where the Work is being performed.
9. WORK ON CUSTOMER’S PREMISES - Customer shall take all necessary precautions to prevent the occurrence of any injury or damage to The Consultant or its subcontractor’s personnel or property during the progress of the Work on Customer’s or others premises and, except to the extent that any such injury or damage is solely and directly due to The Consultant’s negligence, shall indemnify end hold The Consultant, its
officers, directors, employees, agents and subcontractors (past, present and future) harmless against all claims, demands, damages, losses, liability, judgments, costs and expenses of any kind or nature which The Consultant, its officers, directors, employees agents and subcontractors (past present and future) may suffer or incur as a result of or arising out of any act or omission of the Customer, its agents, employees, subcontractors or owner of the premises or any person for whom such persons are responsible in law, and Customer shall prior to entry by The Consultant, or its subcontractors to the said premises obtain and maintain workers’ compensation and occupational disease insurance, employers liability insurance, comprehensive general liability insurance (including products, completed operations, and broad form contractual liability) bodily injury and property damage), and automobile liability insurance in such amounts of coverage as will protect The Consultant, its officers, directors, employees, agents and subcontractors (past, present and future) from said risks and any claims arising there from. Upon request, Customer shall provide The Consultant with evidence of such coverage, satisfactory to The Consultant.
10. INDEMNIFICATION - The Customer shall indemnify and hold harmless The Consultant, its agents and employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings arising out of The Consultant’s performance of the Work which are attributable to a lack of or defect in title or alleged lack or defect in title to the property on which the Work is performed.
11. COMPLIANCE WITH LAWS -- (a) The Customer shall comply with all applicable laws, ordinances, rules, regulations, codes and orders of all authorities having jurisdiction which are or becoming in force during the performance of Work, including those relating to the preservation of public health, and to construction safety except to the extent The Consultant is responsible for same. Except as otherwise provided for in this Agreement, The Consultant shall comply with all applicable laws, ordinances, rules, regulations, codes and orders of all authorities having jurisdiction which are or become in force during the performance of the Work and which relate to the Work, to the preservation of public
health, and to construction safety. (b) The Consultant shall obtain all permits, licenses and certificates specifically required for the performance of the Work (and pay all fees therefore) which are in force at the date of this Agreement but shall not include any changes or increases thereto or the obtaining of permanent easements or rights of servitude. (c) The Consultant shall not be responsible for verifying any specifications or
drawings provided by or on behalf of the Customer or owner of the premises where the Work is to be performed are in compliance with all applicable laws, ordinances, rules, regulations and codes relating to the Work. Any changes, additions to or deletions from
the Work in order that the Work will comply with such laws, ordinances, rules, regulations or codes or to changes therein which are made after the date of this Agreement by authorities having jurisdiction and result in a change in The Consultant's cost of the Work shall constitute a change in the contract price and the schedule for performance of the Work shall be altered accordingly.
12. ADDITIONAL SERVICES – In the event the Customer requests The Consultant to provide additional services including, but not limited to, assessments or report preparation or any other work beyond the Work covered by this Agreement, such services shall, subject to paragraph 15 hereof, be provided pursuant to a separate agreement between the Customer and The Consultant.
13. SUBCONTRACTORS – The Customer acknowledges and agrees that the connection with the performance of the Work under this Agreement certain portions of the Work may be performed by The Consultant's subcontractors.
14. ACCESS TO FACILITIES, ETC. - The Customer shall take all necessary actions and steps as may be required for The Consultant or its subcontractors to have full access to all necessary facilities and equipment in order to properly and efficiently perform the Work hereunder. All attendances by The Consultant or its subcontractors in connection with the performance of the work shall be pre-arranged. If the Customer cancels the prearranged attendance on less than twenty four (24) hour notice to The Consultant, the Customer shall be charged the cancellation fee charge by The Consultant's subcontractors if they were performing the Work or, in the case of The Consultant personnel performing the
Work, a cancellation fee of $100. If the Customer fails to provide the necessary access to the facilities and equipment in order to properly perform the Work, the Customer shall be charged on a time basis for all delays or, if a return call is required, the Customer shall be charged on a time basis for the return call. For purposes hereof, time charges shall be at The Consultant's then current consulting rate plus 10%. The Consultant and its
subcontractors shall not be subject to any charges or costs for use of any facilities in the building in which the Work is being performed hereunder.
15. EQUIPMENT, ETC. - The Customer represents and warrants to The Consultant that it is the owner or lessee of the information and premises in respect of which The Consultant provides the Work hereunder and that it has the authority to permit and authorize the Work to be performed thereon, including the performance of additional services as contemplated pursuant to paragraph 12 hereof. This representation and warranty shall survive the termination or expiry of this Agreement.
16. EARLY TERMINATION - The Customer shall be responsible for advising The Consultant in writing of any non-performance which may adhere to the scope of service specified in this Agreement. If The Consultant fails to remedy such non-performance within 30 days, the Customer shall have the right to terminate this Agreement. If the Customer terminates this Agreement without cause prior to the end of the Agreement Term, the Customer shall pay to The Consultant all charges and other amounts for services rendered prior to the termination.
17. ASSIGNMENT - Customer may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of The Consultant, which consent may be unreasonably withheld.
18. GOVERNING LAW - This Agreement shall be governed, construed, applied and interpreted in accordance with the laws of the Province and Canada.
19. AMENDMENTS - This Agreement shall not be changed, modified, terminated or otherwise amended unless made in accordance herewith or in writing by The Consultant and Customer.
20. SUCCESSOR AND ASSIGNS - This Agreement shall endure to the benefit of and be binding upon The Consultant and Customer, and their respective successors and permitted assigns.
21. LANGUAGE - The Customer and The Consultant confirm that it is their wish that this Agreement as well as all other related documents, including notices, have been and shall be drawn in English only