General terms & conditions of fluffDESIGN Inc.

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Introduction

Terminology

The following definitions apply throughout these terms:

‘fluffDESIGN’ or ‘fluffDESIGN Inc.’ or ‘fD’ or ‘us’:

Means fluffDESIGN Inc.:

  • Canadian Corporation No. 688702–3,
  • Ontario Corporation No. 003031467,
  • GST registered No. 82962 9013RT0001.
‘you’:
Means an authorised member of the organisation that is the client of fluffDESIGN.
‘quote’ or ‘quotation’ or ‘estimate’:
Means a written quotation or estimate sent from fluffDESIGN to you and identified as a quotation or estimate.
‘backup’:
Means a data backup, a recording of data, system information, settings, etc.
‘project’:
Means an item of work or a set of items that have been referred to collectively.

These terms are subject to change

To allow us to correct errors or omissions, these terms are subject to change from time to time.

Change list

  • Q1 2008: Added 'Expenses' information for travel.
  • Q1 2008: Added fluffDESIGN Inc.’s business and GST numbers to the terms.
  • Q1 2008: Simplified ‘limitation of liability’ statement.
  • Q2 2007: Wording simplification.

Charge levels

We sometimes include a lower and upper charge in an estimate or quotation. In such cases, unless you sanction it, your final costs will be within these values.

Dispute

In the unlikely event where we think we need to spend more time and money than a quotation allows for and you disagree, we will try our hardest to find a good compromise. If this fails then we reserve the right to invoice for, and supply you with, the work completed to that point and close that project, allowing you to complete it with another supplier.

Expenses

Travel

We calculate a general travel rate as follows:

  • The rate of 52 cents / kilometer comes from the Treasury Board of Canada.
  • That rate already includes taxes, but from it we calculate the pre–tax rate we include in invoices thus: 52 cents less 15% (to approximately account for GST/PST), giving 44 cents, which we then round down to: 40 cents / kilometer.

Estimates and quotations

Estimates or quotations or other documents we provide, other than those where it is noted that agreement is required and that agreement has been given, are never binding on either party.

Error or omission

It is expected although not intended that from time to time estimates or quotations may have errors or omit something material. In such cases a later revision of the quote or estimate will be written and sent to you for your acceptance. In the case of a disagreement we would follow the procedure listed here under the heading Dispute.

Limitation of liability

The Client agrees to limit any and all liability or claim for damage, for cost of defense, or for any expenses to be levied against fluffDESIGN Inc. to a sum not to exceed $5,000 CDN, or the amount of our fee, whichever is less, when such claim arises from any error, omission, or professional negligence on the part of fluffDESIGN Inc., it’s staff or representatives.