Terms

TERMS AND CONDITIONS

1. Introduction

These Terms and Conditions (“Terms”) govern the provision of maintenance and related services (“Services”) by MT Maintenance (“Company,” “we,” “us,” or “our”) to the client (“Client,” “you,” or “your”).
By requesting, scheduling, or receiving our Services, you agree to these Terms.

2. Services

Scope: We provide maintenance, repair, cleaning, janitorial, and related services as described in our proposals, quotes, statements of work (“SOW”), or service agreements.
Changes: Any change to the scope must be approved in writing (email acceptable) and may affect pricing and timelines.
Subcontractors: We may use vetted subcontractors and remain responsible for the Services delivered under these Terms.

3. Quotes, Pricing, and Payment

Quotes/Estimates: Quotes are based on information provided and site conditions and are valid for [90] days unless stated otherwise. They are estimates; final pricing may vary with actual conditions or approved changes.
Rates: Services are billed per the quote/SOW or our then-current rate card. Additional work, overtime, materials, permits, disposal, parking, and access fees may be billed separately.
Taxes: Prices exclude applicable taxes unless stated otherwise.
Invoicing: Invoices are due within [30] days from the invoice date unless otherwise agreed in writing.
Late Payments: Late balances may incur interest at [1.5%] per month (or the maximum permitted by law). We may suspend or delay Services for unpaid balances.
Deposits/Progress Payments: Deposits or milestone payments may be required for larger projects.

4. Scheduling and Access

Access: Client must provide safe and timely access to the premises (including keys/FOBs, loading areas, and elevator bookings if needed) during scheduled windows.
Delays: If we are delayed due to lack of access, hazardous conditions, or Client-caused delays, additional charges and rescheduling fees may apply.
Rescheduling/Cancellations: Client cancellations or rescheduling with less than [24/48] hours’ notice may incur a fee.

5. Client Responsibilities

Information: Provide accurate information regarding site conditions, utilities, building rules, and known hazards.
Preparations: Remove or protect personal items and equipment, secure valuables, notify occupants/tenants as needed, and ensure clear work areas.
Permits/Approvals: Unless expressly included in our scope, Client is responsible for obtaining required approvals, permits, and landlord/HOA permissions.

6. Materials and Equipment

Ownership: Materials and equipment supplied by MT Maintenance remain our property until paid in full.
Substitutions: If specified items are unavailable, we may propose equivalent alternatives for Client approval (not to be unreasonably withheld).

7. Health, Safety, and Compliance

Safety: We follow reasonable industry safety practices and applicable laws and regulations.
Hazardous Conditions: We may stop work if encountering hazardous materials or unsafe conditions (e.g., asbestos, significant mold, live electrical hazards). Additional remediation or specialist services may be required at extra cost.
Compliance: Client is responsible for code compliance of areas under its control and for notifying us of site rules, induction requirements, or permits to work.

8. Warranties

Workmanship Warranty: We warrant our workmanship for [90] days from completion. During the warranty, we will repair defects in workmanship reported within the period.
Exclusions: Normal wear and tear, consumables, misuse, abuse, neglect, lack of maintenance, force majeure, vandalism, or third-party alterations are excluded.
Manufacturer Warranties: Materials/equipment are covered by their manufacturer warranties, if any, subject to their terms.

9. Inspection and Acceptance

Substantial Completion: Work is substantially complete when usable for its intended purpose, subject to minor punch-list items.
Punch List: Client must notify us in writing of defects within [10] days of substantial completion; we will address valid items within a reasonable time.

10. Limitations of Liability

To the fullest extent permitted by law, MT Maintenance’s total aggregate liability arising out of or related to the Services shall not exceed the total fees paid by Client to MT Maintenance for the specific project giving rise to the claim.

11. Insurance

We maintain commercial 5 million dollars insurance for general liability and UpToDate workers’ compensation. Certificates available upon request.

12. Indemnity

Client agrees to indemnify and hold MT Maintenance harmless from claims, damages, or costs arising from: (a) Client’s breach of these Terms, (b) Client-provided materials, instructions, or designs, or (c) unsafe site conditions under Client’s control.

13. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including extreme weather, natural disasters, labor disputes, acts of government, epidemics/pandemics, utility outages, or supply chain disruptions.

14. Termination

Convenience: Either party may terminate a project for convenience with [30] days’ written notice. Client shall pay for all Services performed, materials ordered, non-cancellable commitments, and reasonable demobilization costs.
Cause: Either party may terminate for material breach if not cured within [10] days of written notice.

15. Confidentiality

Each party agrees to protect the other’s confidential information and use it only for performing or receiving the Services. This obligation survives termination.

16. Intellectual Property

Pre-existing IP remains the property of the owning party.
Any reports, checklists, schedules, or documentation created by MT Maintenance may be used by Client for internal purposes upon full payment, subject to our ownership of underlying methods and know-how.

17. Privacy and Data Protection

If our Services involve personal data, both parties will comply with applicable privacy laws. Our handling of personal data is further described in our Privacy Policy at [URL to your privacy policy].

18. Dispute Resolution and Governing Law

Good-Faith Negotiation: Parties will attempt to resolve disputes through good-faith discussions.
Mediation/Arbitration: If unresolved within [30] days, disputes may be submitted to mediation and, if necessary, binding arbitration in Ontario, unless prohibited by law.
Governing Law: These Terms are governed by the laws of [Ontario, Canada without regard to conflict-of-laws rules.

19. Miscellaneous

Independent Contractor: MT Maintenance is an independent contractor, not an employee or agent of Client.
Assignment: Neither party may assign these Terms without written consent, except to a successor in a merger, acquisition, or sale of substantially all assets.
Entire Agreement: These Terms, together with any quotes, SOWs, or service agreements, constitute the entire agreement and supersede prior discussions.
Severability: If any provision is unenforceable, the remaining provisions remain in effect.
Waiver: Failure to enforce a provision is not a waiver.
Notices: Notices must be in writing and delivered to the contacts specified in the applicable SOW or service agreement.

20. Contact