Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
By accessing or using the Services we offer, you agree to be bound by these Terms. If you disagree with any part of the Terms and Conditions, you must cease usage of the Website or any of our Services, immediately.
You accept the Terms by accessing and remaining on www.balanceproject.ca Website or by engaging our Services.
These Terms, the Website and all provision of Services shall be governed and accrued in accordance with the laws of the Province of British Columbia. In the event of any inconsistency with any other Terms, these Terms and Conditions shall prevail.
1. Legal Capacity
You represent and warrant the legal right, capacity and ability to agree to these Terms and Conditions and use of the Balance Project Website and Services in accordance with them. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract.
2. Definitions and Interpretation
Within these Terms and Conditions, the following words shall have the following meanings:
“Terms”, “Terms and Conditions” refers to these terms herein
“We”, “us”, “our” is a reference to Balance Project
“You” or “your” is a reference to the person, firm, company, organization to whom we are providing our Services and who is required to pay for the Service we provide.
“Parties” is a reference to both you and us
“Services” refers to the assistance we will provide in connection with lifestyle management Services (personal assistant/concierge service) including introductions and coordination of Third-Party Supplier as agreed with you. The precise Services we will be providing to you will depend on the hourly or package purchased.
“Third Party Supplier” is in reference to any person, firm, company or organization with whom we or you contract for the supply of any Services to you.
“Material” refers to any materials, supplies, goods, parts or items etc., we need to purchase in order to perform the Services.
Entering into a Legally Binding Contract
A contract between you and us will come into being in either of the following ways:
a. you specify what Services you require verbally or in writing and we agree upon the detailed requirements and costs involved. When you accept the estimate and sign the agreement, we and you will enter into a legally binding contract on the date you accept; or
b. you make payment for Services.
3. Service Terms
We may accept a request to provide Services to you as set out on our Website or as specified by you from time to time such as;
a. we may provide our Services to you periodically or regularly or in respect to a single event or requirement.
b. in purchasing the Services, you acknowledge and agree that it is your responsibility to ensure that the Services you elect to purchase are suitable to you.
c. the Services provided by us will be based upon criteria provided to us and we will act in accordance with instructions provided by you. We will assume all information provided to us by you is accurate, correct and current.
d. once we have entered into a legally binding contract, we will start providing the Services to you on a date(s) and time(s) agreed upon between us.
e. we will provide Services in which we will either perform those Services or ensure that a Third-Party Supplier provides the specified Services.
f. we will provide the Services on normal working days and start work no earlier than 8:00am and finish work no later than 5:00pm. A normal working day is Monday to Friday. Excluding any holidays. After hours, holidays & weekends may be available by appointment only and may incur additional fees of $15/hour.
a. preferred means of contact
b. email address
c. mailing address
d. telephone number
e. preferred payment method and details
f. a password
4. Delivery of Services
Generally, we will provide the Services by the date(s) and time(s) we agree upon. However, in the event that we are unable to provide the Services, we will inform you as soon as reasonably possible.
If we do not start or complete the Services within a reasonable period from the date(s) and time(s) we agreed upon you may then choose to continue to wait until we can start performing the Services or terminate the contract.
In addition, there are certain situations which occur outside of our reasonable control. These unforeseen events or situations which are beyond our control may prevent us from starting or continuing to perform the Services or in some circumstances delay us from performing the Services. If we are unable to recommence performing the Services, we will inform you as soon as reasonably possible.
If we are unavailable due to illness or a personal matter you have the option to wait until we are available. In the event we are not available for greater than 48hours you may do one of the following;
put a hold on your Services without a time limit.
request a refund in the amount of the un-used Service to date.
We require advance notice of 24hours for cancellation of Services and/or rescheduling of Services. You acknowledge and accept that failure to provide us with 24hours notice that you may be subject to a charge of $50.00.
5. Third Party Supplier Terms
Third party terms are binding on you.
We may provide Services to you periodically or regularly in respect to a single event or requirement. We will take reasonable care in the selection of Third-Party Suppliers ensuring Third Party Suppliers are qualified, insured, competent and in good faith to carry out the Services requested.
Where we engage a Third-Party Supplier on your behalf, we act only as an intermediary. We accept no liability of any kind in connection with or arising from such an arrangement. We are not liable to provide you with Third Party Suppliers Terms and Conditions (a copy of which can be obtained directly from the Third-Party Supplier).
We take no responsibility for instructing Third Party Suppliers how to perform the Services they provide and therefore accept no liability for loss or damage caused by a Third-Party Supplier in the course of providing Services to you.
All arrangements involving any Services requiring reservations, ticket purchases or goods and services supplied by a Third Party Supplier will be subject to the Terms and Conditions of that Third Party Supplier (a copy of which can be obtained directly from the Third Party Supplier), to which you agree, upon instructing us to purchase the goods and services or book the service on your behalf.
We are not the supplier of Third-Party Supplier tickets or other goods or services which you may acquire through using our Services. We express no warranty, guarantee or condition as to the quality of a Third-Party Suppliers tickets, product or goods and services and are not liable for any misrepresentation. All sales are final, and no refunds or cancellations will be issued after purchase from the Third-Party Supplier. We are not responsible for any loss or damage that you may incur as a result of an event being cancelled. You will be held solely responsible for any cancellations you make.
If you enter into a contract/transaction through any Third-Party Supplier, the contract/transaction is strictly between you and the Third-Party Supplier. Goods and services by Third Party Suppliers shall be charged directly to you. We are not responsible for any Third-Party Supplier charges or delays. Nor are we responsible for any service you negotiated and/or agreed upon by you directly with the Third-Party Supplier. Any payment required by a Third-Party Supplier is your responsibility and will be paid in accordance with your contract with that Third-Party Supplier.
We are not responsible or liable for any misunderstandings or disputes arising from any agreement made between you and any Third-Party Supplier.
6. Key Holding Policy
From time to time, Services provided to the client will require us to attend your household to complete Services. Residential keys may have to be provided to us. Key holding is done in good faith by both parties and agreed upon during consultation. Both parties agree we shall keep all keys numbered, held in a locked safe box at our office and kept separate from your personal details. Keys will be returned at the end of Service contract or upon your request.
7. Payments and Charges
All payments made in the course of your use of our Services are made using the payment method selected by you. We accept cash, electronic money transfer, Visa or M/C. Service fees begin at the moment of arrival of destination to start your Services until Services are completed.
We will discuss and provide estimates of how much we will charge before commencing our Services.
Hourly: The hourly rate only reflects the charge of Services rendered.
Packages: All packages require pre-payment. Package Services vary in accordance with the package you selected. Pre-paid package funds will be secured in your name and provided balance updates after completion of Services.
All prepaid package hours and Services expire 6 months from date of purchase.
Our rates do not include the cost of Materials, products, Third-Party Suppliers, or other such expenses. All expenses required by client’s request will be discussed with client and all purchases are to be paid for upfront before we incur the cost. Additional expenses incurred by us will be itemized on and added to your final invoice, and proper receipts will be attached to be paid upon receipt of purchase.
When shopping on your behalf purchases and expenses can be paid the following ways:
with pre-paid credit card
our company credit card; the final invoice will reflect the hourly service rate and any additional expenses incurred.
As we provide an estimate, we may need to charge you a higher amount than stated in the estimate. If this occurs, we will seek your approval before performing our Service. Changes in charges may occur due to:
a. the Services you require changes from what we agreed upon before we started performing the Service
b. the amount of work involved is greater or different than that stated in the estimate.
If you fail to make payment by the date or time we and you agree upon, we may refuse to provide you with the Services or any part thereof. Additional charges after hours, holidays & weekends may incur additional fees of $15/hour.
We reserve the right to change Service prices without notice.
At the time we perform Services we may not have all the materials we need to perform the Services. This may be for reasons, such as:
a. the need for the particular Materials may only be revealed when we begin performing the Service.
b. extra charges as per your request as discussed during consultation and estimate of Service
In such cases we may need to purchase Materials. We will charge you for all expenses incurred by us in the provision of Materials to perform the Services.
If you are not satisfied with the Services provided by us, you must advise us at the completion of the Services and demonstrate to us the reason that the Services is considered unsatisfactory. Our priority is to ensure our Services are above and beyond your expectations. You may contact us via phone, text, or email and we shall in all cases use best efforts to remedy any shortcomings in Services to your satisfaction.
We only provide you with a refund in the event we are unable to continue to provide the Services or if we decide at our discretion that it is reasonable to do so under the circumstances.
11. Limitations and Exclusions of Liability
We warrant to you that we shall use all our reasonable endeavors to provide the Services using reasonable care and skill in accordance with your requests and instructions.
We take no responsibility for instructing Third Party Suppliers as to how to perform the Services they provide and therefore accept no liability for loss or damage caused by a Third-Party Supplier in the course of providing Services to you, unless such loss or damage is attributable to our direct act.
We cannot accept liability if the Services cannot be performed by reason of Act of God; disruption caused by weather, fire, order or act of government.
We shall not be liable for any loss, cost, expense, suits, claims or actions as well as loss of profit, other economic loss or damage of any nature whatsoever (whether directly or indirectly) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of us has knowingly acted in a negligent manner.
We will not exclude or limit liability for our negligence or negligent omission which causes personal injury or death
We shall not be liable or be deemed to be in breach of the Terms by reason of any delay in performing, or failure of our obligations in relation to the Services, if the delay or failure was due to any cause beyond our reasonable control.
The Terms will continue to apply until terminated by you or us as set our below.
If you wish to terminate the Terms you may do so with 30 days written notice to us via our Contact information on our Website.
If you wish to terminate the contract you will be responsible for the cost of:
a. all and any sums outstanding and owed to us
b. any Services agreed will be performed and paid for in accordance to this agreement until the date we stop providing the Services.
c. you are liable for any payments/expenses of Materials which were paid by or to be incurred by us for Services performed. Materials purchased and not used for performing our Service will be returned to you.
d. if the event that a deposit is paid by you, at the sole discretion of us, the deposit will be retained by us for the necessary deduction of our losses and costs.
We reserve the right to decline, discontinue or cancel the Services requested for any reason at any time without notice. We reserve the right to terminate Services should we find just cause. Just cause includes, but not limited to, unsuitable or unsafe environment, any danger to health or safety, any Services deemed unethical or illegal in nature. Omissions of facts or misstatements or if you commit a serious breach of the Terms and Conditions. Any balance due for time incurred will be due and payable immediately. We reserve the right to claim against you including but not limited to losses and damages as a result of the termination by you the client.
We shall not perform any Services which may impact our reputation in a negative manner.
13. General Disclaimer
These Terms and Conditions agreed to by you and us constitute the entire agreement between the parties and replace any previous agreements such as terms, warranties, guarantees, or conditions which are not expressively stated in our Terms and Conditions. All other Terms and Conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
We will not be liable for any indirect or loss of damage, loss of profit or opportunity arising out of or in connection with the Terms and Conditions or the Services.
14. Amendments to Terms and Conditions Service Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.
Should you have any questions regarding these Terms and Conditions you may contact us via the email address on our Website.