Terms and conditions :
SECTION 1 : CONTRACT OBJECT
1.1 The purpose of this service agreement is to provide work and/or service by the Nutrite Experts Network franchisee on behalf of the client identified on page 1 of this agreement.
1.2 The work and/or service to be provided by the Nutrite Experts Network franchisee under this contract is determined by the information on page 1 of this current contract.
1.3 The parties acknowledge that the signature by the client on the quotation on page 1 of this document has the effect of concluding this contract and accept all clauses contained in this document.
SECTION 2 : TYPE OF LEGAL CONTRACT
2.1 This contract is a service contract within the meaning of clauses 2098 and following of the Civil Code of Quebec
SECTION 3 : WORK AND/OR SERVICE LOCATION
3.1 The work and/or service location is the address listed in page 1 of this contract in the ‘’service’’ section.
SECTION 4 : INTERESTS
4.1 Any amount or arrear owed to the Nutrite Experts Network franchisee will bear interest compounded at a rate of 2% monthly (24% annually), plus the additional indemnity from the date provided in section 8 of this contract.
SECTION 5 : NOTICE AND SERVICE
5.1 The parties agree to notify or serve, as the case may be, any document to the mailing address(es) and/or e-mail address(es) of the entities indicated in page 1 of this contract.
5.2 In the event that the information on page 1 of this contract changes, the party whose information has changed is responsible for notifying the other party within 7 days.
SECTION 6 : EXTRAJUDICIAL FEES
6.1 The client understands and accepts that should they not respect their obligations under this contract, they will reimburse the Nutrite Experts Network franchisee in addition to the payment of admissible legal fees, the extrajudicial fees incurred for debt recovery or for contract enforcement, upon a presentation of an account statement.
SECTION 7 : WORK DESCRIPTION
7.1 The Nutrite Experts Network franchisee agrees to perform the checked and/or described work and/or service on page 1 of this contract on the building mentioned in section 4 of this service contract.
7.2 Parties agree and consent that this contract be concluded upon client signature of the quotation included in page 1 of this contract, according to the terms and conditions written on this page including price and description of given services.
7.3 The parties agree that they will have to initial and/or sign any plans, annex, schedules or other document describing the work so they can become an integral part of this contract.
SECTION 8 : PRICE OF SERVICE AND PAYMENT TERMS
8.1 The price and payment terms are those determined on page 1 of this contract.
8.2 The payment terms are as set forth on page 1 of this contract. In the absence of a choice, the customer agrees that they will have to pay the fees in a single annual payment on April 1st of this current year.
8.3 In the case of a discount, credit card and pre-authorized payment, the terms and conditions set out in forms specific to those types of payments are an integral part of this contract.
SECTION 9 : OTHER AGREEMENT NULL AND VOID
9.1 This contract voids any other previous agreement, written or verbal.
9.2 Four-year agreements are terminable at any time, without fees or penalties.
9.3 The termination of a four-year agreement can be done by calling the customer service of the franchised Nutrite Experts Network.
9.4 At the time of termination, services performed at the regular price and billed will be compared to payments received to validate the amount spent by the client in connection with the services provided by the franchisee.
9.5 Following the validation described in section 9.4, if it is found that an amount has been overpaid, it will be refunded. Otherwise, the client will be required to pay the said amount.
SECTION 10 : AGREEMENT AMENDMENT
10.1 Any amendment to this contract must be in writing and obtain consent of the qualified representatives of both parties to be effective.
SECTION 11 : CLIENT RESPONSIBILITY
11.1 The client agrees to notify immediately the Nutrite Experts Network franchisee of any deterioration in the service area, such as but not limited to, the appearance of yellow patch, grubs, weeds, etc.
11.2 The client is responsible for notifying immediately the Nutrite Experts Network franchisee of any equipment installation, system or object on the rented premises. This includes, but is not limited to, any sprinkler system, irrigation and/or draining system, invisible fence system, robotic mower system, wires or pipes or any other object affecting the rented premises.
11.3 The client acknowledges that the Nutrite Experts Network franchisee is not responsible for any damage of any nature to the rented premises and its accessories caused by his work except in case of gross negligence by the franchisee.
SECTION 12 : RESPECT AND DEFAMATION
12.1 The parties agree to be courteous to each other and to not defame or harm the other party in any media, such as but not limited to, internet, social media, radio, television, etc.
SECTION 13 : APPLICABLE LEGAL REGIME
13.1 The parties agree, for any litigation, including any claim or lawsuit, for any reason whatsoever related to this contract, to choose the judicial district of Gatineau, province of Quebec, as the competent court.
13.2 The parties agree that the applicable legal regime is the one applicable in the province of Quebec.
SECTION 14 : DIFFICULTIES OR CONTINGENCIES
14.1 The Nutrite Experts Network franchisee agrees to immediately notify, verbally and in writing, of any difficulty or unforeseen event encountered during the service execution that ends in increasing or decreasing the service cost. To this end, the Nutrite Experts Network franchisee agrees to send a written notice to the client to inform them of the reason for the contract amendment and the adjustment of the cost for the associated service.
14.2 The client agrees to respond within 5 days of receipt to inform the Nutrite Experts Network franchisee of their desire to terminate this contract or accept the cost modification.
14.3 In the event that the client fails to respond to the Nutrite Experts Network franchisee within the aforementioned time period, the client shall be deemed to have accepted the cost modification.