Terms and conditions

SECTION 1: PURPOSE OF THE CONTRACT

1.1 The purpose of this service contract is for the Nutrite Experts Network Franchisee to carry out a work and/or provide a service on behalf of the customer identified on page 1 of this contract.
1.2 The work and/or service to be provided by the Nutrite Experts Network franchisee under this contract shall be determined on the basis of the information contained on page 1 of this contract.
1.3 The parties acknowledge that the signing by the Customer of the quotation on page 1 of this document shall have the effect of entering into this contract and accepting all the clauses contained herein.

SECTION 2: TYPE OF LEGAL CONTRACT

2.1 This contract is a service contract within the meaning of articles 2098 et seq. of the Civil Code of Québec.

SECTION 3: LOCATION OF WORK AND/OR SERVICE

3.1 The location of the work and/or service is the address indicated on page 1 of this contract in the "service" section.

SECTION 4: INTEREST

4.1 All sums or arrears owing to the Nutrite Experts Network franchisee shall bear compound interest at a rate of 2% monthly (24% annually) plus the additional indemnity from the date provided for in section 8 of this contract.

SECTION 5: NOTIFICATION AND SERVICE

5.1 The parties agree to notify or serve, as the case may be, any document to the postal address(es) and/or e-mail address(es) of the entities indicated on page 1 of this contract.
5.2 In the event that the information contained in section 1 of the present contract changes, the party whose information is modified is responsible for informing the other party within 7 days of the occurrence of the change.

SECTION 6: EXTRAJUDICIAL FEES

6.1 The customer agrees and accepts that in the event of failure to comply with its obligations under this contract, in addition to the payment of admissible legal fees and costs, the customer agrees to reimburse the Nutrite Experts Network franchisee, upon presentation of a statement of account, for extrajudicial fees incurred for the recovery of the debt or in order to enforce the contract.

SECTION 7: DESCRIPTION OF WORK

7.1 The Nutrite Experts Network franchisee undertakes to the customer to carry out the work and/or service checked off and/or described on page 1 of this contract, and this, on the building designated in section 4 of this service contract.
7.2 The parties agree and consent to the conclusion of this contract upon signature by the customer of the quotation included on page 1 of this contract, and in accordance with the terms and conditions indicated on said page, including the price and description of the services to be rendered.
7.3 The parties agree that they need only initial and/or sign any plans, schedules, specifications or other documents detailing the description of the work in order for them to form an integral part of this contract.

SECTION 8: SERVICE PRICE AND PAYMENT TERMS

8.1 The price and terms of payment are those set out on page 1 of this contract.
8.2 The terms of payment are those set out on page 1 of this contract. In the absence of a choice, the customer acknowledges that he/she will be required to pay the fees in 1 single annual instalment on April 1st of the current year.
8.3 In the case of discount, credit card and pre-authorized debit payments, the terms and conditions set out in the forms associated with these types of payment form an integral part of this contract.

SECTION 9: OTHER VOID AGREEMENTS AND PACKAGE CANCELLATIONS

9.1 This contract supersedes any previous written or verbal agreement.
9.2 4-year agreements may be terminated at any time, without charge or penalty.
9.3 Termination of a 4-year agreement may be made by calling the Réseau d'Experts Nutrite franchisee's customer service department.
9.4 At the time of termination, the services rendered at the regular price and invoiced will be compared to the payments received, in order to validate the amount of money disbursed by the customer in connection with the services rendered by the franchisee.
9.5 Following the validation described in point 9.4, if an amount has been overpaid, it will be reimbursed. If this is not the case, the customer must pay the amount in question.

SECTION 10: MODIFICATION OF MANDATE

10.1 Any amendment to this Agreement must be in writing and must obtain the consent of the qualified representatives of both parties in order to be effective.

SECTION 11: CUSTOMER LIABILITY

11.1 The customer agrees to immediately notify the Nutrite Experts Network franchisee of any deterioration to which the work or service relates, such as, but not limited to, the appearance of yellow patch, presence of grubs, presence of weeds, etc.
11.2 The customer is responsible for promptly notifying the Nutrite Experts Network franchisee of any installation of any appliance, system or object on the leased premises. By way of example, but without limitation, the customer is responsible for notifying the Nutrite Experts Network franchisee of the installation of any sprinkler, irrigation and/or drainage system, invisible fence system, robotic mower system, wires or pipes and any other object affecting the leased premises.
11.3 The customer acknowledges that the Nutrite Experts Network franchisee is not responsible for any damage whatsoever to the rented premises or its appurtenances caused by his or her work, except in the case of gross negligence on his or her part.

SECTION 12: RESPECT AND DEFAMATION

12.1 The parties agree to remain courteous to each other and not to defame or harm the other party on 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 dispute, including but not limited to any claim or lawsuit for any reason whatsoever relating to this agreement, to choose the judicial district of Gatineau, province of Quebec, as the competent court.
13.2 The parties agree that the applicable legal regime shall be that applicable in the Province of Quebec.

SECTION 14: DIFFICULTIES OR UNFORESEEN EVENTS

14.1 The Nutrite Experts Network franchisee undertakes to notify the customer without delay, verbally and in writing, of any difficulty or unforeseen circumstance encountered in the execution of its mandate which has the effect of increasing or decreasing the cost of the service.
To this end, the Nutrite Experts Network franchisee undertakes to send a written notice to the customer informing him/her of the reason for the contract modification and the associated service cost adjustment.
14.2 The customer undertakes to reply within 5 days of receipt of this written notice informing the Nutrite Experts Network franchisee of its wish to terminate the present contract or to accept the change in cost.
14.3 Should the customer fail to reply to the Nutrite Experts Network franchisee within the aforementioned period, the latter shall be deemed to have accepted the cost modification.