“Authorized Contractor” — a Contractor dispatched by Odd Job;
“Client”, “You” or “Your”- customer(s) purchasing or requesting the services from Odd Job;
“Estimates”- cost calculated based on the details and information provided by the client or based on Project Manager notes taken at an on-site consultation with the client;
“Handyman” — employee of Odd Job;
“Odd Job”, “We” or “Our”- Odd Job Handyman Services Inc.;
“Project” — services and work to be handled by Odd Job at the Client’s request;
“Senior Project Manager” — employee of Odd Job;
“Technician” — employee of Odd Job;
2. DESCRIPTION OF SERVICES
Odd Job is a fully licensed, insured and bonded professional handyman service company. Odd Job mobile workshops are designed to facilitate Technicians to work in various locations and to allow them to fit in tight spaces.
Clients will provide Odd Job with a detailed list of tasks and pictures of repairs needed 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, including an on-site consultation. Once the Project details are finalized, an on-line Estimate is created and sent to the client for their approval and signature.
3.1 ONSITE CONSULTATION
For an on-site consultation, a Senior Project Manager will meet with the Client on-site to discuss the details of the Project. Odd Job also offers on-site consultation upon the Client’s request. Any Senior Project Manager on-site consultation has a fee of $60.00 + HST. This fee will be rebated on final invoices of Projects of over $5,000.00 before taxes. Credit card information is required prior to booking an on-site consultation. For larger Projects, a job budget range must also be pre-qualified before an on-site consultation can be scheduled.
Due to the variable nature of the construction industry, Odd Job provides Estimates and not quotes. Estimates are calculated based on the details and information provided by the Client or 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, and Odd Job will then issue an updated Estimate on any add-ons or changes in orders over $375.00. By signing the Estimate, the Client agrees to pay for all requested services contained within the Estimate as well as any additional charges that may be incurred in order to complete the Project. The Client authorizes Odd Job to pre-authorize a charge to the Client’s credit card based on the approved Estimate. The final invoice will reflect any changes to the Project which may result from Add-on Requests as outlined in section 3.3, environmental factors, incomplete information from Client or any unforeseen circumstances beyond the control of Odd Job. Due to these circumstances, Odd Job may be required to make additional visits. If any additional visits cannot be scheduled for Odd Job within 3 weeks, Odd Job will invoice for work completed to date and a new estimate will be created for any additional visits beyond the previously invoiced date.
3.3 ADD-ON REQUESTS/CHANGE ORDERS
On-site requests for additional work by the Client, not contained in the approved work order shall be automatically deemed to be approved by the Client (the “Add-on Requests”). Add-on Requests will only be accommodated if a) the Technician and/or Contractor has the time (request must be able to be completed within 15 minutes or is being completed in place of another task that cannot be completed for whatever reason); and b) Technician and/or Contractor must have the required skills set and materials to accommodate the Add-on Requests. Odd Job reserves the right to refuse any Add-on Requests not contained in the approved work order.
For Estimates between $500.00 and $10,000.00, a 50% deposit is required prior to Odd Job commencing the Project.
For Estimates over $10 000.00, the following deposit structure will be applied:
— 33% deposit required prior to the start of the Project;
— 33% at half way to completion of the Project;
— Remainder at the completion of Project
4. CANCELLATION / RESCHEDULING BY THE CLIENT
The client may cancel a request, an estimate or a scheduled job, without penalty prior to the 24-hour window.
If the client cancels/reschedules a job within 24 hours of a scheduled appointment/visit, a cancellation fee will apply in the form of a minimum charge based on the number of Technicians assigned to the canceled/rescheduled job as outlined in section 4.2, Minimum Cancellation Charge. The minimum cancellation charge as set out in section 4.2 may be modified, and the terms of the cancellation/rescheduling changed at any time in the sole and absolute discretion of Odd Job.
Odd Job reserves the right to charge the Client’s credit card for all applicable fees in accordance with section 4.
4.1 CANCELLATION / RESCHEDULING BY ODD JOB
Odd Job shall not be responsible to the Client for any failure, in whole or in part, to perform any obligations hereunder, to the extent and for the length of time that performance is rendered impossible or commercially impractical, owing to any one or more of the following: acts of God; natural disasters; public insurrections; war; terrorist attack; strikes; lockouts; vehicle failures or accidents; or labour disputes not related to any breach of any labour contract or unfair labour practice by Odd Job; embargo; and/or other circumstances of substantially similar character beyond the reasonable control of Odd Job. In the event of any of the foregoing, Odd Job will make reasonable efforts to notify the Client of the event and, when reasonably practicable, reschedule the appointment with the Client.
Odd Job may also cancel or stop any work required to be completed outdoors due to cold or hot weather conditions as outlined below, taking into account any wind chill factors:
— ‑10 degrees celsius or below: job will be rescheduled
— 0 to ‑10 degrees celsius: maximum of 2 hours
— Over 35 degrees celsius: job will be rescheduled
— 30 to 35 degrees celsius: maximum 4 hours
In the event that Odd Job cancels/reschedules a job in accordance with this section, it will not be subject to any form of penalty and/or cancellation charge.
4.2 MINIMUM CANCELLATION CHARGE
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 that the aforementioned minimum cancellation charge (based on the number of technicians assigned to the job) will be applied in circumstances as outlined in section 4. Odd Job reserves the right to apply the cost of materials in addition to the minimum cancellation charge.
A confirmation email is sent out to Clients 24 hours prior to the scheduled appointment/visit. Client is required to confirm by clicking the link provided in the confirmation email. Client understands and acknowledges that a lack of confirmation will not be considered a cancellation or a request to cancel or reschedule.
6. MATERIALS AND LABOUR PROVIDED
Finishing materials should be provided by the Client to ensure your own satisfaction. Client has the option to request that Odd Job provide the finishing materials. In the event the finishing materials are requested from Odd Job, a sourcing fee of $60.00 + HST 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 make its own decisions in relation to materials, and the Client waives its right to make or bring any claims or action against Odd Job due to the materials selected by Odd Job.
Specialty and/or custom materials which are sourced and purchased by Odd Job will be subject to an hourly Sourcing Charge Premium by the Contractor/Project Manager and this Premium will be added to the final invoice.
7. OFF HOURS SERVICING
- Off Hours refer to hours between 5:00 pm to 9:00 am on Monday to Friday, and anytime on Saturdays, Sundays and Statutory Holidays.
- Odd Job will make best efforts to provide services during its Off Hours at a premium fee as described in section 7.1.
7.1 OFF HOURS PRICING
- Monday to Friday between 5:00 pm and 10:00 pm = 1.25 x regular fee + HST = Total Fee
- Monday to Friday between 10:00pm and 9am = 1.5 x regular fee + HST = Total Fee
- Saturday from 12am to 9am= 1.5 x regular fee + HST = Total Fee
- Saturday from 9am to 12am= 1.25 x regular fee + HST = Total Fee
- Anytime Sunday = 1.5 x regular fee + HST = Total Fee
- Anytime Holiday = 2 x regular fee + HST = Total Fee
8. SERVICE CALL CHARGE
Service Call Charge of $50.00 covers the travel costs of mobile workshops around the Greater Toronto Area. All Jobs completed by Odd Job will have a one-time Service Call Charge applied to the final invoice. The Service Call Charge of $50.00 is subject to change at the sole discretion of Odd Job.
In the event a Client requests that work be completed over multiple visits, then additional Services Call Charges will be applied for each visit.
9. MINIMUM CHARGE
Odd Job will apply 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 requested task. Any cost of materials will be charged separately.
10. CLIENT SIGN-OFF
Odd Job requires the Client to sign off electronically on work completed by Odd Job. The same person who signed off for the Estimate must sign off for the work completed. If, for any reason, a person other than the person who signed off for the Estimate signs off for the work completed, the Client waives any and all rights to raise any concerns regarding the amount or quality of the work performed. By signing off on the work completed, the Client acknowledges that a) the work has been completed as of the date of the signature; and b) the final invoice will be paid within 30 days or the credit card on file will be charged accordingly.
11. PAYMENT TERMS
Once the work is completed by Odd Job and the Client has signed off as outlined in section 10, Odd Job will invoice the Client, and payment will be due in full upon receipt of the invoice.
For any American Retailers and/or Corporations, payment will be due within 60 days from the date of the invoice.
All invoices must be paid in accordance with the aforementioned payment terms regardless of any pending warranty calls. A maximum of 10% of the total invoice amount may be held back for any pending warranty calls.
Odd Job will provide a reminder for any unpaid invoices of over five (5) days. Odd Job reserves the right to charge the Client’s credit card on file for any unpaid invoices of over fifteen (15) days. In the event the payment cannot be processed by the credit card on file and payment is 30 days overdue, a 5% late fee or the maximum amount permitted under the laws of Province of Ontario will be added per month onto the invoice.
The Client understands and agrees that any payment to Odd Job is non-refundable unless otherwise determined by Odd Job in its sole discretion.
Odd Job Technicians have no authority over the price or cost of any Estimate or work completed by Odd Job. Technicians may receive cash payments on-site for work completed as outlined in the Estimate, but only if the exact amount of payment is made.
Odd Job warrants that Odd Job’s services provided by an Odd Job Technician or Authorized Contractor will be free from defects in workmanship for a period of ninety (90) days from the date the services are completed on general repairs and/or maintenance requests. This warranty extends to two (2) years for new installations with exceptions as outlined in section 12.1. Clients who are unsatisfied with the work completed may schedule a free warranty call within the aforementioned timeframe.
12.1 EXCEPTIONS TO WARRANTY
The warranty outlined in section 12 does not apply to any damages that arise as a result of moisture or any weather-related cause, material failure, accidents, misuse or abuse by Client, ground shifting, ordinary wear and tear, Client’s change in mind after approval of Estimate or Client’s dissatisfaction with no specific or reasonable reason.
13. JOB SITE PREPARATION
Clients must clear workspaces from any and all personal and fragile items prior to the arrival of Odd Job Technicians. Technicians use drop cloths to cover and protect all items that are too large to move or any surfaces that are not required to be repaired. Odd Job will not be responsible in the event of any damage to personal items or property that were not properly removed or stored. Additional charges will be added to the Client’s final invoice if Clients fail to adequately clear the workspaces.
Odd Job’s Estimate does not include the removal of any garbage, chattels or fixtures. Clients may request disposal services for an additional charge. The charges will be based on the items and volume that are required to be disposed of.
14. INTELLECTUAL PROPERTY
14.1 Definition of Intellectual Property. For purposes of this Agreement, “Intellectual Property” includes trade-marks, trade names, copyrights, logos, patents, pending patent applications, ideas, concepts, inventions, discoveries, findings, works of authorship, designs, methodologies, business processes, software code, data, files, know-how, trade secrets, all rights in respect of the foregoing together with all related goodwill.
14.2 Odd Jobs’ IP. All Intellectual Property conceived, developed, created or acquired by Odd Job’s and/or its Representatives either: (a) prior to the term of this Agreement, or (b) during the term of this Agreement that is developed in the normal course of Odd Jobs’ business for the benefit of its customer base generally is, and shall remain, the sole and exclusive property of Odd Jobs.
15. CLIENT INTAKE FORMS
The Client shall provide to Odd Job using the “Odd Job Intake Form” accurate and reliable contact details and other information, and shall update the information promptly to reflect any changes in information.
A Client’s wilful or negligent provision of inaccurate or unreliable information, its wilful failure to update information provided to Odd Job within five (5) days of any change, or the Client’s failure to respond for over ten (10) days to inquiries by Odd Job concerning the accuracy of information shall constitute as a material breach of the agreement between the Client and Odd Job and a basis for suspension and/or cancellation of the Client’s account.
16. LIMITATION OF LIABILITY
Under no circumstances will Odd Job be liable for special, incidental, consequential, exemplary, punitive or indirect damages, loss of goodwill or business profits. Odd Job’s liability to the Client arising out of this Agreement, or any way relating to the services provided by Job to the Client, will be limited to direct damages and/or to specific performance of any services, and such liability will, in the aggregate, not exceed the sum of the total fees paid or payable to Odd Job by the Client for the specific
Unless caused by the willful misconduct of Odd Job, the Client agrees to protect, defend, hold harmless and indemnify Odd Job, its affiliates, divisions, subsidiaries, successors and assignees and each of their respective officers, directors, shareholders, agents and employees (collectively “Odd Job Group”) from and against all claims, liabilities, suits, damages, judgements, orders, fines, dues, demands, costs and expenses (including reasonable legal fees, experts and witness fees, and expenses) arising out of or in any way related to any act, omission or negligence of the Client, his agents, employees or subcontractors. Without limiting the generality of the foregoing, the Client shall indemnify Odd Job Group against any and all claims relating to the death or injury to any person or damage to property suffered by any person.
18. CONFIDENTIAL INFORMATION
18.1 For the purpose of this Agreement, “Confidential Information” means, when used in relation to a party hereto, any confidential and/or proprietary information concerning the business and affairs of that party including, without limitation, the terms of this Agreement. For greater certainty and without limiting the generality of the foregoing Odd Job’s Intellectual Property is Confidential Information and the Client’s information provided in the Client Intake Form and the Client’s credit card information are the Confidential Information of the Client.
18.2 Each party hereto covenants and agrees to use commercially reasonable efforts to keep all Confidential Information of the other party confidential and not to disclose it to any person or entity or use it for any purpose either during the term of this Agreement, except as may be necessary to perform its obligations hereunder, or after the termination of this Agreement for any reason, except with the prior written consent of the other party. Notwithstanding the foregoing, such restrictions shall not apply to: (i) Confidential Information that is or becomes generally available to the public other than as a result of any disclosure made by a party in violation of this provision; (ii) Confidential Information that is required to be disclosed by law or by any court, governmental or regulatory authority, provided that the disclosing party shall use all reasonable efforts to notify the other party of such requirement so that the other party may seek a protective order or other appropriate remedy; or (iii) Confidential Information that is disclosed to a potential buyer of Odd Job’s business where such potential buyer is under a corresponding duty of confidentiality.
18.3 During the course of providing Services, Odd Job may make use of third-party cloud and/or internet applications, including but not limited to storage services. The Client consents to the use of such cloud and/or internet applications and acknowledges that the security of information stored this way depends on the security practices of such third-parties and other factors outside of Odd Job’s control. It is agreed that if Confidential Information stored with such cloud applications is compromised, Odd Job shall not be liable to the Client and shall not be considered a breach of it’s obligations.
19. MODIFICATION/CHANGE TO THE SERVICES
Client may, from time to time, make requests to modify and/or change the original scope of work agreed to between the parties. Any change and/or modification will take effect only after the Client has received written approval from Odd Job and an Updated Estimate, which includes a revised scope of work, pricing and timeline, and is signed and dated by both parties. Absent the foregoing, the parties shall adhere to the terms of the original scope of work.
20. GOVERNING LAW
This Agreement shall be interpreted, construed and governed by the laws of the province of Ontario and binding on all parties hereto, their successors, assigns and beneficiaries. This Agreement shall be deemed to have been entered into in Toronto where it is to be executed, and the parties hereto acknowledge the exclusive jurisdiction of the Ontario Superior Court of Justice located in Toronto, Ontario.
Headings and titles are for convenience only and shall not be used to interpret, or as a guide for interpretation of, this Agreement. The word “or” is not 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 should be read to includes the feminine or neutral , 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).
22. GENERAL PROVISIONS
This Agreement represents the entire understanding and agreement between the parties and supersedes all prior agreement (if any), whether written or oral, between the parties for the services provided by Odd Job at the Premises. If any conflict exists between this Agreement and any other agreement for the same service, including any purchase order, the terms of this Agreement shall prevail notwithstanding any provision in the other agreement which may specify otherwise. Odd Job’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. The indemnification provision contained herein shall survive the termination of this Agreement. This Agreement is a contract legally binding on Odd Job and the Client and their respective heirs, agents, successors and assigns, in accordance with the terms and conditions set out herein. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
23. ACCEPTANCE OF TERMS AND CONDITIONS
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 to have read, understood and agrees to be bound by the terms and conditions of this Agreement.
24. CHANGE TERMS
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 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.