1. The Client shall provide a retainer amount to the Provider in the amount of 5,000.00 (the “Retainer Amount”). The Retainer Amount will be maintained at that level even if funds are withdrawn and used against disbursements and/or interim accounts. The Client agrees to replenish the retainer at all times.
2. The Client understands that in addition to the Fee set out herein, any account will include reasonable and necessary disbursements paid by the Provider on the Client’s behalf as well as applicable sales tax.
3. The Client agrees and acknowledges that the Provider shall be paid in accordance with the Provider’s standard billing policy, based on but not limited to time basis rates established by the Provider, from time to time for work done by any person assigned to the Client’s project. The Client understands the hourly rate is usually increased each January 1st. If the Client is notified that the hourly rate has increased, the Client agrees to pay the new hourly rate on work commenced two (2) weeks after such notification is given.
4. The Client understands that payment of any account rendered to the Provider is payable on receipt and that any amount rendered by the Provider will bear interest at 19% annually if not paid within thirty (30) days of issuance in accordance. The Parties agree that non-payment of any account rendered by the Provider shall be grounds for the immediate termination of this Agreement.
5. The Client hereby authorizes the Provider to cash any cheques left with the Provider or to debit the credit card on file for all amounts owed to the Provider from time to time as a result of this Agreement.
6. Disclaimer. The Provider is not an Architect or an Engineer. The Provider provides the Instruments of Service without warranties or representations of any kind, implied or express, as to the information being accurate, complete nor does the Provider make any representations or warranties on any particular use of the Instruments of Service, including the feasibility of the Client’s proposed use, or the feasibility of the project contained within the Instruments of Service. The Client expressly acknowledges that the Instruments of Service produced by the Provider are an artistic representation of the Client’s Project and should be used for illustrative purposes only and are not to be relied upon for construction without being reviewed and approved by a licenced engineer and/or architect in the jurisdiction where the Client wishes to make use of Instruments of Service.
7. Indemnification. The Client hereby covenants and agrees to indemnify and save harmless the Provider from and against any and all claims, actions, losses, damages, fines or costs which the Provider may incur or suffer by or as a result of any misrepresentation, breach or default by the Client under or pursuant to this Agreement including all Schedules or which the Provider may incur or suffer by or as a result of any actions or omissions of the Client. Without limiting the generality of the foregoing, the Client further covenants and agrees to indemnify and save harmless the Provider from any claims, actions, losses, damages, fines or costs the Provider may incur as a result of the Act and/or its Regulations, as they relate to the Drive Clean Ontario program or any other similar or successor program.