Terms & Conditions
These Terms and Conditions and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement".
This Agreement constitutes a legal agreement between you ("you" or "User") and Spike On Site Inc. ("Spike On Site" or "us"). This Agreement governs your use of our services offered through our website located at www.spikesos.com and such other locations as made available from time to time (collectively, the "Spike SOS Platform".)
By accessing, using or registering with the Spike SOS Platform or any portions there of, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Spike SOS Platform. Spike On Site Inc. acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Spike SOS Platform, you represent and warrant that: (i) you are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
1. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
1.1. Termination by You. You may terminate this Agreement by ceasing to use the Spike SOS Platform at any time for any or no reason. If you attempt to terminate while there are still outstanding Services ordered this Agreement will not terminate until after the Services have been completed or cancelled. Please be aware that if a Service is cancelled within one (1) hour of the scheduled appointment time Spike On Site Inc. reserves the right to charge the User for the minimum booking amount associated with that particular Service.
1.2. Termination by Spike On Site Inc. Spike On Site Inc. may terminate this Agreement or suspend your right to use the Spike SOS Platform at any time for any or no reason by providing you with written or e-mail notice to the physical or email address that you have provided us. Termination will be effective immediately upon the provision of this notice. In this event, any Service that has been requested but not commenced will be cancelled and the User will not be charged. You have no ownership rights to your account.
2. The Service. The Spike SOS Platform enables Users who are seeking help with various tasks including, but not limited to, home services to submit a booking request through the Spike SOS Platform (the “Service”). The Spike SOS Platform assigns some Services to in-house employees, with the assistance of professional partnerships from time to time. (the "Professional Partner") at the discretion of Spike On Site Inc.
2.1. Submitting a Service Request. Users are able to use the Spike SOS Platform to submit requests to have Services provided. All requests must be clearly worded, must specify the relevant category of Service, and must provide a thorough and accurate description of the Service required including and tools or materials needed. The User is solely responsible for ensuring that all information provided is accurate. If a User wishes to book more than one Service, separate requests must be submitted for each individual Service required.
2.2. Cancellation by User. A User may cancel a request without penalty up to one hour before the Service is scheduled to begin. If a Service is cancelled by the User less than one (1) hour before the Service is scheduled to begin Spike On Site Inc. reserves the right to charge the User for the minimum booking charge associated with the Service requested.
2.3. Cancellation by Spike On Site Inc. If the Spike On Site Inc. employee(s) or Professional Partner(s) assigned to the Service are unable to provide Service for the appointment time requested, Spike On Site Inc. will take reasonable efforts to match your Service request with an alternate Spike On Site Inc. employee or Professional Partner but is under no obligation to do so.
2.4. User Responsibilities. By submitting a Service request, you represent and warrant that you have the right to grant Spike On Site Inc. and/or the Professional Partner access to the location where the Service is to be performed. You represent and warrant that you will be present at the location, or will have a representative a minimum of 18 years of age present at the location, at all times while the Service is being provided.
3.1. Standard Rates and Material Charges. Standard rates for Services may be provided to you during the booking process. These rates exclude any materials required by Spike On Site to complete the Service. You acknowledge and agree that the cost of materials will be in addition to the standard rate.
3.2. Minimum Charge. You understand and agree that there is a minimum charge set for each Service (the "Minimum Charge"). We reserve the right, in our sole discretion, to apply the Minimum Charge for your Service, other than as provided for herein. You understand and agree that we may apply the Minimum Charge to the Service if the Service is cancelled by the User less than one hour before the Service is scheduled to begin. If we choose to apply the Minimum Charge, we may consider the cost of materials separately from our determination of whether to apply the Minimum Charge.
3.3. Payment and Billing. Users will be responsible for paying the invoice for each Service (the "Invoice"), which will include the pricing terms of the Service agreed to between the User and Spike On Site. By submitting a Request, you agree that you will pay for all Services requested (including all materials, taxes and late fees, as applicable). You understand and agree that we will be responsible, in our sole discretion, for determining the Service payment amount and any agreement you make directly with any employee or Spike On Site representative regarding payment will not apply. Following the completion of the Service an invoice will be sent to the e-mail address that you have provided. We will charge your credit card on file for the full invoice amount twenty-four (24) hours after the delivery of this invoice, and you hereby authorize us to charge your credit card for the amount due. If you wish to contest the invoice amount you must do so within twenty-four (24) hours of receiving the invoice. If your payment does not go through, for any reason, you agree to pay the full amount due within seven (7) days of us sending the Invoice or receipt. After seven (7) days a late payment fee of 5% of the total invoice will be added to your invoice each week. If you do not have a credit card on file, you will have (7) days to pay the invoice in full by cheque to “Spike On Site Inc.” You will be held responsible for all late payment fees in addition to the original Invoice total.
4. Restricted Activities.
4.1. Service Requests. You hereby affirm that you will not use the Spike SOS Platform to request Services that you do not intend to have completed or that you do not intend to pay for.
4.2. Solicitation. Users are not permitted to use the Spike SOS Platform and Services to recruit or otherwise solicit any Spike On Site Inc. employee or Subcontractor to join any service or company that is competitive to the Spike SOS Platform or to obtain work or Services outside of the Spike SOS Platform.
4.3. Illegal Activity. Users are not permitted to request, encourage or facilitate any activity which may be considered illegal.
4.4. Nudity and Objectionable Material. From time to time, Spike On Site Inc. may require photo or video content in order to properly assess a Service request. Users are not permitted to provide content which provides nudity or objectionable material. In the event that this occurs, Spike On Site Inc. reserves the right to terminate this Agreement and to refuse any future Service requests from the User.
5. Amendments. We reserve the right to change, modify, add, or delete portions of this Agreement in our sole discretion from time to time without further notice. If we do this, we will post the latest version of this Agreement at www.spikesos.com/terms-and-conditions and we will indicate at the bottom of such page the date of the last revision or modification. Your continued use of the Service after any such change, modification, addition or deletion constitutes your acceptance of the Agreement as then revised. If you do not agree to abide by this or any future version of the Agreement, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check this page to determine if there have been changes to this Agreement and to review such changes.
6. Mutual Arbitration Agreement.
6.1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Spike On Site Inc., including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Spike On Site Inc. may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice.
6.2. Class Action Waiver. To fullest extent permitted by applicable law, You and Spike On Site Inc. agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver").
7. Contact Information. If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org or by mail at the following address:
2011 Yonge St. Suite #200
Toronto ON, Canada