membership agreement

What This Agreement Covers
This Agreement sets out the terms and conditions of Fixx Consulting and Home Repairs Membership Program and it replaces all previous Agreements. When this Agreement refers to “us”, “we” or “our”, it includes the organization of Fixx Consulting and Home Repairs. When this Agreement refers to “you” or “your”, it includes each person named as a Customer and/or Member in the attached document. If this includes more than one person, “you” means each one of you. All of you are, individually and together, responsible under and bound by this Agreement. This means that each of you is fully responsible for amounts owing on the Account. This Agreement is your promise to pay amounts owing on your Account. You should read it carefully as it explains your rights and duties. By accepting this Agreement you have requested the benefits and services provided highlighted later in this Agreement. Third parties will provide some of the benefits and services. These third parties, and not us, are responsible to you for the services and benefits offered or provided by them. Optional features are available at an additional cost to you. If you request any of these optional features, we may send you a separate agreement outlining any additional terms and conditions.
Your Rights and Duties as a Member
Your permitted entitlements include: unlimited service calls for the purpose of determining the nature of repairs at no additional cost ($90 call back fee applies to any duplicate service call for same issue), preferred general repairs hourly rate, a home inspection performed annually. The entitlements aforementioned apply solely to the address noted in the attached document. You may cancel your membership at anytime, however, the above entitlements are based on an annual agreement broken down into equal monthly payment. Therefore, should you choose to end this agreement before all monthly payment in an annual cycle are received by us, we reserve the right to adjust all service fees or costs (minus any payment you have made) to reflect our regular fees or costs in the same annual cycle. You are liable for and must repay all amounts owing on your Account. The total you owe includes all purchases for material related to repairs, services rendered, interest and fees. All of those amounts will be shown on your monthly invoices.
Making Payments
It is your responsibility to make payments in full and to select a payment method which results in payments on your Account being received by us and credited to your Account within 14 days of the Invoice Date as shown on your Invoice statement. You can make payments on your Account at any time. You can pay by Visa, Master Card, PayPal, pre-authorized debit (“PAD”) and by mail. Even when normal postal service is disrupted, you must continue to make your payments. Payments sent to us by mail or made through financial institutions or online banking services may take several days to reach us. You can also ask us to process your payment on your Invoice Date each month as a PAD from a deposit account in Canada in Canadian Dollars from a financial institution that you designate for that purpose. If you ask us to automatically process payments in this manner you agree that this authorization, together with any written confirmation we provide you, is our personal PAD Agreement as required by Rule H1 of the Rules of the Canadian Payment Association. In addition, you agree to waive any pre-notification requirements that exist where variable payment amounts are being authorized. You may notify us at any time that you wish to revoke your authorization and, provided that we have received such notice at least 5 days before your next scheduled payment, we will not process it. A PAD may, under certain circumstances, be disputed for up to 90 days. The Rules are available for your review at www.cdnpay.ca. You are not permitted to make a payment exceeding your credit limit unless the amount you owe at the time of payment is more than your specified credit limit.
Late Payments
Payments not received by us within 14 days of the Invoice Date are deemed as late payments, and as such, are subject to additional Interest charges at a rate of 19.99% annually. For a further explanation of interest charges and how they are calculated, see the section titled “Determination of Interest”. Late payments will lose the benefit of any promotional rate offer in which you are participating. We may choose not to take away the benefit of any promotional rate offer, our decision to do so will depend upon our assessment of you and your Account in accordance with our credit risk policies.
Dishonoured Payment Fee
If a payment is not processed because a bank returns a cheque or refuses a pre-authorized debit, a $45 fee will be charged to your Account on the date the payment reversal is posted. This fee is in addition to any fee charged for insufficient funds in the bank account.
Additional Invoice Statement Copy Fee
If you order an additional copy of your invoice statements, a $5 fee (per statement) will be charged to your Account the day we process your requested
Determination of Interest
You have a 14 day interest-free Grace Period in order to pay your balance in full. You must pay interest after the interest-free Grace Period ends. Balance interest will be charged retroactively from the invoice date until the day we process your payment in full. We will continue to charge interest on the unpaid portion of your Account until you pay the balance in full. Fees are treated in the same manner as services for the purpose of charging interest. We do not charge interest on interest.
Assignment of Our Rights
We may, at any time, sell, transfer or assign any or all of our rights under this Agreement. If we do so, we can share information concerning your Account with prospective purchasers, transferees or assignees. In any such case, we will ensure that they are bound to respect your privacy rights in the same way that we are.
Electronic Communications
With your consent, we may provide your Invoice statement, this Agreement, and any other document relating to your Account, to you electronically, including over the Internet or to an e-mail address you provide us for this purpose. For legal purposes, documents sent electronically to you will be considered to be “in writing” and to have been signed and/or delivered by us. We may rely upon and treat as duly authorized and binding on you any electronically authenticated document that we receive from you or which appears to have been sent by you. In order to communicate with us by electronic means, you will be instructed to comply with certain security protocols established by us from time to time. These security measures are intended to protect both of us, and you must take all reasonable steps to prevent unauthorized access to documents exchanged between us electronically.
If You Move or Change Your Name
So that you do not miss any communication from us, we depend on you to tell us immediately if you change your address or name.
Amending This Agreement
We may amend this Agreement at any time. If we do, we will let you know at least 30 days before the amendments come into effect. The benefits and services we provide are subject to terms and conditions. We can amend these terms or conditions at any time. We may do so without giving you notice.
Interpreting and Enforcing This Agreement
This Agreement will be interpreted in accordance with the applicable laws of the province or territory in which you reside (or the applicable laws of Ontario if you reside outside of Canada) and the applicable laws of Canada. In the event of a dispute, you agree that the courts in the province or territory where you reside shall be competent to hear such dispute and you agree to be bound by any judgment of that court.
Cancelling This Agreement
We may decide to cancel this Agreement at any time without telling you in advance. If we do, you must pay all amounts owing on your Account. You may also cancel this Agreement by telling us. We may require that any cancellation be done in writing. Until you pay us the total amount you owe on your Account, this Agreement will remain in effect.
How to Contact Us
If you need help or have questions about your Account, please call us at 289-644-8891 during regular business hours.