Terms and Conditions
Table of Contents
- Acceptance of Terms and Conditions
- Change Terms
- Cancelation/Rescheduling by the ‘Client’
- Cancelation/Rescheduling by the ‘Odd Job”
- Description of Services
- Satisfaction Guarantee
- Intellectual Property
- Registration of Data
- Website Conduct
- Materials and Labour Provided
- Off Hours Servicing
- Off Hours Pricing
- Service Charges
- Cold and Hot Day
- Odd Job Weather Cancelation Card
- Minimum Charge
- Minimum Charge Card
- Client Sign-off
- Terms of Payment and Billing Policy
- Invoice and Payment
- Payment Processor
- No Agency
- Modifications to the Services
- The ‘Client” Responsibility
- Governing Law – Venue and Jurisdiction
- Dispute Resolution – Damages
- No Class Action
- Statue of Limitation
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATIOIN REGARDING ODD JOB’S POLICIES, YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Headings are for convenience only and shall not but used to interpret, or as a guide for interpretation of, this Agreement. The word “or” is no, exclusive and the word “including” is not limiting (whether or not non-limiting language such as “without limitation” or “not limited to” or other words of similar import are used with reference thereto.) A word importing the masculine gender included the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa and “person” will mean an individual, partnership, corporation (including a business trust), joint stock company, tryst unincorporated association, joint venture, or other entity or a government or any agency, department or instrumentality thereof and vice versa.
“Odd Job” means Odd Job Handyman Services Inc
“Client” or “Client’s” means customer purchasing the service
“Handyman” means an Odd Job Handyman Services Inc employee
“Technician” means an Odd Job Handyman Services Inc employee
“Senior Project Manager” means an Odd Job Handyman Services Inc employee
“Guarantee” means workmanship and labour provided by Odd Job Handyman Services Inc only
“Authorized Contractor” means a Contractor dispatched by Odd Job.
“Estimates” are calculated based on the details provided by the customer or based on Project Manager notes taken at an On-Site Consultation with the client
“Warranty Exceptions” means moisture damage, material failure, weather-related damage, accident, misuse or abuse, ground shifting, change in mind after approval, dissatisfaction with no specific reason.
ACCEPTANCE OF TERMS AND CONDITIONS
This Agreement set forth Odd Job “Terms and Conditions” for the provision of our Services which constitutes the entire agreement between Odd Job Handyman Services Inc., (Odd Job) the “handyman”, and you, the “client”.
Odd Job shall have the right at any time without notice to change or discontinue any aspect or feature, including, but not limited to, content, hours of availability, services provided and equipment needed for access or use.
By clicking “Approved”, the client is executing and approving the Odd Job estimate and any/all additional services, change orders, and warranty waivers associated with using the services. The client acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement in all respects to the website, intake form, and the provisions of our services.
Odd Job reserves the right to change, modify, add, or delete portions of the Terms and Conditions at any time without notice, in our sole discretion from time to time without further notice. In the event of changes, Odd Job will update and post the most recent changes version of the Terms and conditions on the Odd Job website. Odd Job will indicate at the bottom of such page the date of the last revision or modification. It is the client’s responsibility to regularly verify the term and conditions page for changes to this Agreement and to review such changes.
CANCELLATION / RESCHEDULING BY THE ‘CLIENT’
The client may cancel a request, an estimate or scheduled job, without penalty prior to the 24-hour window
If the client cancels/reschedules a job within 24 hours of scheduled appointment/visit, a cancellation fee will apply in the form of a minimum charged based on the number of techs assigned to the canceled/rescheduled job. See 23. Minimum Payment Card
Odd Job reserves the right to charge the Client’s credit card for all costs, cancellation and discrepancies in respect to this Agreement and Policy.
Odd Job reserves the right to change, modify, increase/decrease the amount and terms of the cancellation/rescheduling charges using our discretion based on job circumstances.
CANCELLATION / RESCHEDULING BY ‘ODD JOB’
Odd Job reserves the right to cancel/reschedule a job in the event of circumstances beyond our control and/or due to weather conditions.
DESCRIPTION OF SERVICES
Odd Job Handyman Services Inc. is a fully licensed, insured and bonded professional handyman service company. Odd Job mobile workshops are designed to facilitate technicians to work anywhere and fit in tight spaces (delete highlighted wording).
Clients will provide Odd Job with a detailed task list and pictures of repairs and Odd Job will create an estimate based on the details that have been provided by the client. Based on the complexity of the project, Odd Job has the authority to have a senior project manager investigate, analyze and assess the project before commencement. An onsite consultation permits a senior project manager to meet with the client onsite to discuss the details of the project. Odd Job also offers onsite consultation upon ‘client’ request. Once project details are finalized, the on-line estimate is created and sent to the client for their approval and signature.
- Any Senior Project Manager onsite consultation has a fee of $60.00 + HST
No onsite consultation can be booked without unless a credit card number is on file.
Odd Job guarantees the Workmanship provided by an Odd Job Technician or Odd Job Authorized Contractor.
Odd Job Warranty Policy is for a duration of two (2) years for new installations with exceptions and 90 days on general repair(s) and/or maintenance requests
All Odd Job logos, website/app design and other content are copyright 2017 and are the properties of Odd Job Inc.
All Odd Job Technicians/Contractors have been pre-qualified, referenced checked, are bonded, and certified in their trade and have at least 5 years of experience and training.
REGISTRATION OF DATA
By requesting an estimate through any Odd Job intake forum, the client agrees to:
(a) During the Odd Job intake process the client shall provide Odd Job with accurate, current and complete information and
(b) Maintain and promptly update any information provided to Odd Job on the project;
Once registration of the data is completed, an Odd Job Representative will contact the client to further discuss their needs, obtain details and/or to update availability and timing of the project.
The client shall use Odd Job website for lawful purposes only. User shall not upload, post or transmit through the Website any material which violates of infringes any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability of otherwise violate any law, or which, without Odd Job express prior approval, contains advertising or any solicitation with respect to products or services.
The client agrees to defend, indemnify and hold harmless Odd Job, its affiliates and their respective directors, officers, employees, contractors and agents from and against all claims and expenses, including attorneys’ fees, arising out of or in connection with the use of Odd Job Services, or any violation of (a) this Agreement, (b) any law, or (c) any right of any third party.
ESTIMATES / QUOTATIONS
Due to the variable nature of the construction industry, Odd Job provides estimates and not quotes. Estimates are calculated based on the details provided by the customer or based on Project Manager notes taken at an On-Site Consultation with the client.
By accepting an estimate provided by Odd Job, you are acknowledging that estimates are subject to change based on the actual job completed and time consumed. Technician(s) will discuss any changes while on site, Odd Job will then issue a “Updated Estimate” on add-ons or change orders over $375.00.
On site requests for additional work, by the client, not currently contained in the approved work order shall be automatically deemed to be approved by the client, by requesting the additional work on site. Add-on requests will only be accommodated if: the technician has the time (request must be able to be completed within 15 minutes or is being completed in replace of another task that cannot be completed for whatever reason). Technicians must also have the required skillset and materials to accommodate additional requests. Technicians, or Odd Job staff may refuse add on requests, not currently contained in the approved work order.
If the additional request is completed, the final invoices will reflect any changes to the project (i.e. Environmental factors, incomplete information, unforeseen circumstances or customer add-
A confirmation email is sent out 24 hours prior to the start time of a scheduled Job Visit. The Client should confirm by clicking email link but a lack of confirmation is not considered a cancelation
MATERIALS AND LABOUR PROVIDED
Finishing materials should be provided by the client to ensure clients’ satisfaction. The client may request Odd Job to provide the finishing materials; in this instance, a sourcing fee of $60.00* will be applied to the final invoice, in addition to the cost of the materials purchased. By requesting Odd Job to select and purchase the finishing materials, the client is authorizing Odd Job to choose the style and/or colour of the materials, and therefore release Odd Job of responsibility if the client doesn’t approve of the choice.
* Specialty/Custom Materials which are sourced and purchased by Odd Job will incur an hourly “Sourcing Charge Premium” by the contractor/project manager and added to the final invoice.
OFF HOURS SERVICING (outside of Regular business hours between 5:00 pm to 9:00 am)
Odd Job will accommodate/provide services outside of Odd Job regular business hours at a premium fee as described in Off Hours Pricing.
OFF HOURS PRICING
Monday to Friday between 5:00 pm and 10:00 pm = 1.25 * Fee * HST = Total Fee
Anytime Saturday = 1.25 * Fee * HST = Total Fee
Anytime Sunday = 1.5 * Fee * HST = Total Fee
Anytime Holiday = 2 * Fee * HST = Total Fee
All Jobs completed by Odd Job will have a one-time Service Call Charge applied to the final invoice. Service Call Charge covers the cost of mobile workshops travelling around the city of Toronto.
In the case a client request work to be completed over multiple visits than additional services charges will be applied each visit.
COLD AND HOT DAY
Odd Jobs does hold the right to cancel or stop outside work on a project due to cold or hot weather. Please refer to the Odd Job weather cancelation card.
ODD JOB WEATHER CANCELATION CARD
Odd Job Weather Cancellation Card will factor Wind Chill and Humidex
- (-10 Celsius) or below job will be re-schedule
- 0 to (-10 Celsius) maximum of 2 hours outside
- Over 35 Celsius job will be rescheduled
- 30 to 35 Celsius will be able to work for 4 hours
Odd Job applies a minimum charge for all jobs requiring less than one hour to complete. This minimum charge is based on the number of technicians required to complete the task request. The cost of materials will be charged separately from the labour costs when determining the applied minimum charge.
The client acknowledges, understands and agrees there is a minimum charge set forth for each home service as described in the “Minimum Charge”. Odd Job reserves the right, in our sole discretion, to apply the Minimum Charge for your Job, other than as provided for here-in.
MINIMUM CHARGE CARD
- 1 hour for a Junior Technician = $90 * HST
- 1 hour for a Senior Technician = $110 * HST
- 1 hour for 2 Technician (regardless of designation) = $160 * HST
The “client” acknowledges, understands and agrees the Minimum Charge (based on the number of techs assigned to the job) will applied if the Odd Job Professional/Technician/Contractor arrives at the premises prior to the cancellation and within the grace period as set out 5. Cancelation/Rescheduling by the ‘Client’. If we choose to apply the Minimum Charge, we may consider the cost of materials separately from our determination of whether to apply the Minimum Charge.
Jobs that require additional visits due to incomplete information, customer add-on, or materials on order and cannot be fit into the OddJob schedule within 3 weeks will be invoiced for work completed to date. Another visit will be scheduled in the next available opening and a new invoice will be created.
JOB SITE PREPARATION POLICY
Clients must clear workspace/s from any and all personal and fragile items prior to the arrival of OddJob Technician/s. Technicians use drop clothes to cover and protect all items that are too large to move or any surfaces that are not be repaired. OddJob Inc. will not be responsible in the event of damage to personal or property items that were not properly removed or stored. Additional charges will be added to the Client’s final invoice if Technicians are required to clear areas of personal items.
Odd Job pricing does not include the removal of any garbage/old fixtures or extra materials. Disposal services can be provided for an extra charge based on the items to be disposed of.
Odd Job requires the client to sign off electronically on work completed. The same signature that was obtained as the estimate sign off must be obtained once the work is completed. By signing off on the work completed you, the “client”, are acknowledging the followings:
Work has been completed up to the time and date of the sign off
If no “client” present at sign off or if a different person’s signature is collect than that of the Estimate sign off, then the right to rectify quality issues, later has been waived.
Agreeing to pay the final invoice within 30 days or the credit card on file will be charged
TERMS OF PAYMENT AND BILLING POLICY
Once the work is completed and the “client” has signed off, Odd Job will invoice the “client”; payment term is due upon receipt.
American Retailers/Corporations may be an exception to this term of payment and in this instance, payment is due within 60 days from the invoice date.
Unpaid invoices of 5 days will receive a reminder from Odd Job;
Odd Job reserves the right to charge the “client’s” credit card on file for unpaid invoices after 15 days.
If after 30 days and the payment cannot be collected by credit card then a 5% late fee will be added per each month the invoice is overdue.
TECHNICIANS & PAYMENT POLICY
Odd Job Technicians have no authority over the cost/price of any work done by OddJob. Technicians can receive cash payments onsite for jobs that were completed exactly as estimated but Technicians do not carry change.
For Jobs estimated between $2000.00 and $1000.00 a %50 deposit is required prior to the start of the job. For Jobs over $10 000.00 require:
- 33% deposit prior to the stat of the project
- 33% at half way to completion
- 33% at the completion of project
INVOICE AND PAYMENT
The client will be responsible for paying the invoice for each Odd Job (the “Invoice”), which will include the pricing terms of Odd Job agreed to between the “client” and the Odd Job. By clicking the “Approve” button and signing the Odd Job estimate, the “client” agrees to pay for all requested services contained with in that estimate and any additional charges incurred completing their project.
All invoices must be paid within the agreed upon payment terms regardless of any pending warranty calls. A max of 10% of the total invoice may be held back
Odd Job payment amounts will be largely based on the information the “Client” provides to Odd Job which was provided to the client in the approved estimate.
Odd Job invoices are due upon receipt. Odd Job reserves the right to charge this payment after 15-days.
The client also authorizes Odd Job to pre-authorize a charge to the client credit card based on the Approved estimate.
The client will be charged a cancellation fee if a service booked or confirmed via Odd Job electronic visit confirmation and is cancelled/rescheduled less than 24 hrs prior to the time Odd Job visit.
The client agrees, it is the clients responsibilities for the timely payment of all Odd Job invoices and that any such payment to OddJob is non-refundable, unless otherwise determined in our sole discretion.
All clients are required to provide credit card information by doing so, the client authorizes Odd Job to provide this information to the third-party payment processor (the “Payment Processor”) retained by Odd Job. The client acknowledges and agrees that the terms of the Payment Processor will govern the “clients” agreement and interactions with the Payment Processor and that Odd Job terms and conditions do not govern and that Odd Job and its employees/representatives/technicians have no liability arising from the clients use of or access to the Payment Processor. The client should review the applicable terms and conditions of the Payment Processor, including its privacy and data gathering practices. Odd Job is not responsible for any arrears by the Payment Processor.
The “client” hereby acknowledges and agrees that no employment, joint venture, partnership, or agency relationship exists between the “clients” and any of Odd Job employees/representatives/Professionals/Technicians because of this Agreement or the “clients” use of Odd Job Services.
Odd Job will protect the privacy of our clients. Without limiting, the “client” acknowledge that Odd Job may (but have no obligation to) access, preserve and disclose the ‘clients’ data and any Content if, in good faith, we believe that same is reasonably needed to:
(a) comply with applicable law or legal process,
(b) enforce this Agreement,
(c) protect against imminent harm to any person, any safety of any person, or any property of any person, or
(d) such access, preservation, or disclosure is permitted under applicable law. The client further acknowledge that the Service uses the Internet and other, third-party networks, and that, accordingly, any information processed using the Service may be processed or transmitted over various networks (including those outside of our control).
MODIFICATIONS TO THE SERVICES
All changes and deviations in the services ordered by the “client” must be in writing and approved by Odd Jobs and the client. The contractor lists the changes in the scope of work, price difference, time line and/or details and terms of additional changes.
An Updated Estimate will be issued when the scope, timeline and job request changes from the original job request.
THE “CLIENT” RESPONSIBILITIES
By accepting an estimate, you, the “client”:
- Agrees to grant Odd Job contractors / technicians the right to access the premise to perform requested service.
- Agrees to any and, all costs associated with the services rendered.
GOVERNING LAW – VENUE AND JURISDICTION
The client agrees that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between the client and Odd Job. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to any dispute hereunder.
Technicians or Odd Job are not responsible for any damage to property that occurs during completion of the requested job order. As previously agreed upon by the client when approving the estimate, the client is responsible for clearing the space of all personal and large items. Failure to do so and damage occurs then Odd Job shall not be held responsible for damages.
First, contact Odd Job, customer satisfaction is our priority. We care to address your concerns in an informal, effective and efficient manner. For any dispute you may have regarding the Services, Odd Job will attempt in good faith to resolve the dispute. The “client” agrees that if the dispute is not resolved within 15 days of submission in writing, Odd Job and the “client” will resolve any claims through final and binding arbitration (“Arbitration”).
Arbitration: The client agrees that any claim arising out of or about this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, that is not resolved through our customer service centre, will be finally resolved by Arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The Arbitration will take place in Toronto, Ontario, Canada. The language of the arbitration will be English.
No Class Actions: The client hereby agrees and acknowledges that you may only resolve disputes with Odd Job on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action. The “client” further agrees that, by entering into these terms, both parties agrees that all claims and disputes shall be resolved under this Agreement.
STATUTE OF LIMITATIONS
The client hereby agrees that any claim under this Agreement must be brought within one year of the act giving rise to the claim.
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Policies that are not included in the document above:
Warranty Call Policy
Clients who are unhappy with the work completed or whose property has been damaged can Schedule a free Warranty Call. OddJob Warranty Policy covers 2 years on any new installation and 90 on any repair or maintenance work