High Q Estimation

Terms and Conditions

TERMS AND CONDITIONS OF HIGH Q ESTIMATION CORPORATION

These Terms and Conditions (the “Agreement”) govern the contractual relationship between HIGH Q ESTIMATION CORPORATION (hereinafter referred to as the “Service Provider”) and any party engaging the Service Provider for cost estimation and quantitative takeoff services (hereinafter referred to as the “Client”). By initiating any business transaction with the Service Provider, the Client hereby consents to be legally bound by the terms set forth herein

Scope of Services

  1. The Service Provider exclusively offers professional construction cost estimation and quantitative takeoff services, provided for the limited and explicit purpose of supporting Client bidding activities
  2. Deliverables are created based strictly on the data, specifications, drawings, and documentation provided by the Client. The Client acknowledges and accepts that the accuracy of any outputs is directly dependent on the completeness and accuracy of the input information.
  3. Any deviation, alteration, or augmentation of the scope of services initially agreed upon must be formalized through a supplementary written agreement executed by both parties. No verbal amendments shall be recognized.
  4. The Service Provider retains the discretion to reject any request for services it deems outside its professional domain or capability.

Payment Terms and Invoicing

  1. All invoices issued by the Service Provider shall be due and payable by the Client within twenty-four (24) hours of issuance, unless otherwise stipulated in writing.
  2. Late or delinquent payments shall accrue interest at a rate equivalent to the prevailing Bank of Canada prime lending rate, plus a margin of four percent (4%) per annum, compounded daily
  3. The Client irrevocably waives the right to contest or dispute any charges unless formal written notice of dispute is received by the Service Provider within seven (7) calendar days of invoice issuance.
  4. 4 All payments rendered are final, irrevocable, and non-refundable, irrespective of any dissatisfaction, project abandonment, or perceived deficiencies. The Client acknowledges that payment is due based solely on service delivery, not service outcome or perceived utility.
  5. The Client shall bear full responsibility for any taxes, levies, duties, or similar governmental assessments associated with services provided.

Refund Policy and No Guarantee Clause

  1. Under no circumstances shall the Service Provider entertain refund requests, including but not limited to dissatisfaction, project delay, or deviation from expectations
  2. The Service Provider makes no express or implied warranties, guarantees, or representations regarding the accuracy, reliability, completeness, or utility of its deliverables. All outputs are provided “as-is” and for informational purposes only

Confidentiality and Data Protection

  1. Both parties agree to maintain strict confidentiality regarding all proprietary, sensitive, or
    business-critical information exchanged.
  2. This confidentiality obligation shall survive the termination of this Agreement for a period of five (5) years
  3. Confidential information may only be disclosed when compelled by a competent legal authority or regulatory body, and only after prior notice to the disclosing party
  4. The Service Provider retains the right to anonymize and aggregate project data for internal analytics, service improvement, and trend analysis, provided that no Client-identifiable information is disclosed.

Intellectual Property and Licensing

  1. All deliverables, documents, methodologies, spreadsheets, diagrams, and proprietary formats created or provided by the Service Provider shall remain its sole and exclusive intellectual property until full payment is receive
  2. Upon confirmed receipt of full and final payment, the Client is granted a limited, non-exclusive, non-transferable, non-sublicensable license to use said deliverables strictly for the specific project for which the services were commissioned
  3. Unauthorized reproduction, resale, republication, dissemination, or repurposing of deliverables is strictly prohibited and constitutes a breach of intellectual property rights.

Limitation of Liability

  1. The Client expressly acknowledges that the Service Provider shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, including but not limited to lost profits, opportunity costs, or project delays, arising out of or related to the use of deliverables.
  2. The Client assumes sole responsibility for verifying the applicability, completeness, and correctness of all provided deliverables before utilizing them in any construction or financial decisions
  3. In any event, the maximum cumulative liability of the Service Provider shall not exceed the total amount actually paid by the Client for the services in question.

Termination

  1. Either party may terminate this Agreement at any time by providing forty-eight (48) hours’ written notice
  2. Termination for material breach shall be effective immediately upon notice.
  3. Upon termination, the Client shall remain liable for all services rendered up to the termination date and shall remit payment within seven (7) calendar days.
  4. Partial work completed prior to termination remains billable in proportion to the services rendered.

Force Majeure

  1. The Service Provider shall not be deemed in breach of this Agreement for any failure or delay in performance arising from causes beyond its reasonable control, including but not limited to natural disasters, pandemics, cyberattacks, government directives, system outages, or labor strikes.
  2. Performance shall resume as soon as practicable following the resolution of the force majeure event.

Audit and Compliance

  1. The Service Provider reserves the right to audit Client use of its deliverables for compliance with these terms, particularly regarding intellectual property usage and license limitations
  2. Any detected breach of use terms may result in immediate revocation of usage rights and may give rise to legal action.

Governing Law and Dispute Resolution

  1. This Agreement shall be governed, interpreted, and construed in accordance with the laws of the Province of Ontario, Canada
  2. The parties agree to submit to the exclusive jurisdiction of the courts of Ontario for all disputes arising out of this Agreement
  3. As an alternative to litigation, either party may elect binding arbitration under the rules of the ADR Institute of Canada, with proceedings held in Toronto, Ontario, in the English language.

Modifications

  1. The Service Provider reserves the right to unilaterally amend, modify, or revise these Terms and Conditions at any time, provided that a minimum of seven (7) calendar days’ notice is provided to the Client
  2. Continued engagement of services following notification of amendments shall be deemed acceptance of such amendments.

Severability

If any provision herein is found to be unlawful, void, or unenforceable by a competent judicial authority, such provision shall be deemed severed, and the remaining provisions shall remain in full force and effect. The parties agree to substitute any invalid clause with a valid one most closely approximating the original intent.

Entire Agreement

This Agreement constitutes the full and exclusive understanding between the Service Provider and the Client. It supersedes all prior communications, whether oral or written, and may only be modified in accordance with Section 11 above

Scroll to Top