Last Updated: May 1, 2025
These Terms of Service (“Terms”) govern the provision of services (collectively, “Services”) by Simon Green (“Service Provider”) to the client identified in the quote (“Client”). By sending the initial payment, the Client agrees to be bound by these Terms.
(a) For purposes of these Terms, a “Job” shall mean the scope of work, including all labor, materials, and services, as specified in the quote provided to the Client.
(b) All amounts quoted in the quote exclude applicable taxes, including but not limited to the Goods and Services Tax (GST), which shall be added to the quoted amounts and are payable by the Client as required by law.
(c) Unless otherwise agreed in writing, all payments for the Job, including applicable taxes, shall be due upon completion of the Services, and the Client shall make an initial payment of 50% of the quoted amount, unless otherwise agreed in writing, which is non-refundable except if the Service Provider unilaterally cancels the Job before incurring expenses. All payments shall be made via methods acceptable to the Service Provider. Late payments shall incur a 2% monthly interest charge.
(d) The Client may reschedule the Job once within a reasonable timeframe, as determined by the Service Provider in its sole discretion; should the Client attempt to reschedule the Job a second time, the Service Provider reserves the right to cancel the Job and retain the initial payment as liquidated damages.
(e) Except as provided in the payment terms, the initial payment is non-refundable under all circumstances, including but not limited to Client cancellation or failure to proceed with the Job.
(f) The Service Provider’s total liability for any claims, damages, or losses arising from or related to the Job, whether in contract, tort, or otherwise, shall not exceed $500,000.
(g) Any modification to the Job scope, including but not limited to changes in materials, design, or timeline, must be agreed upon by both parties, and the Service Provider shall provide an updated cost estimate and timeline for such changes, which shall be binding upon the Client’s approval.
(h) The Client shall obtain all necessary permits required for the Job and shall be responsible for securing any homeowner association approvals, municipal consents, or other permissions not directly related to construction permits; delays caused by the Client’s failure to obtain such approvals shall not constitute a breach by the Service Provider.
(i) The Service Provider shall not be liable for delays in performance caused by events beyond its reasonable control, including but not limited to inclement weather, labor disputes, material shortages, or acts of God, and in such events, the Service Provider shall notify the Client and extend the Job timeline accordingly.
(j) The Service Provider warrants that all Services shall be performed in a workmanlike manner in accordance with industry standards, and for a period of 90 days from Job completion, the Service Provider shall remedy defects in workmanship at no cost to the Client, provided such defects are reported in writing within the warranty period; this warranty excludes damages caused by Client misuse, normal wear and tear, or third-party actions, and materials are subject to manufacturer warranties only.
(k) Either party may terminate the Job upon written notice if the other party materially breaches these Terms and fails to cure such breach within ten (10) days of receiving notice; upon termination, the Client shall pay for all Services performed and costs incurred up to the termination date, and if the Client terminates without cause, the initial payment shall remain non-refundable.
(l) Any dispute, controversy, or claim arising out of or relating to these Terms or the Job shall be resolved by final and binding arbitration administered by the Vancouver International Arbitration Centre (VanIAC) under its Domestic Commercial Arbitration Rules of Procedure in effect at the time of the dispute. The arbitration shall be conducted in Vancouver, British Columbia, by a single arbitrator appointed in accordance with said Rules, in English. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. Each party shall bear its own costs and legal fees, unless the arbitrator determines that one party is entitled to recover reasonable costs and fees.
(m) The Client shall disclose all known site conditions, including but not limited to hazardous materials, structural issues, or underground utilities, prior to Job commencement, and the Service Provider shall not be liable for additional costs or delays caused by undisclosed or unforeseen site conditions, which shall be addressed through a change order.
(n) The Service Provider shall maintain general liability insurance and workers’ compensation coverage as required by law, while the Client shall maintain property insurance covering the Job site and any materials stored thereon, and the Service Provider shall not be liable for damages covered by the Client’s insurance.
(o) The Service Provider may engage subcontractors to perform portions of the Services, and all subcontractors shall be under the Service Provider’s supervision, with the Service Provider remaining responsible for their performance.
(p) The Client’s sending of the initial payment as specified in the quote constitutes the Client’s full and irrevocable agreement to these Terms in their entirety.
(q) These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to its conflict of laws principles.
(r) If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
(s) These Terms, together with the quote, constitute the entire agreement between the parties and supersede all prior negotiations, understandings, or agreements, whether oral or written.
If you have questions about these Terms of Service or our services, please reach out:
Simon Green
1771 Robson Street, Vancouver, BC V6G 1C9
Email: [email protected]
Phone: (778) 655-6556