Terms of Service – Mister Contractor

Mister General Contractor Inc. (“Mister Contractor”, “we”, or “us”) helps people find contractors to help with home and building renovations, re-modelling services, and other commercial and residential contractor work (“the “Services”).  

The following Terms of Service (“TOS”) govern your access or use of our Services, regardless of whether you interact with us through our website (www.mistercontractor.ca), on social media (including by responding to our ads), by phone, by email, or by other means (whether electronic or otherwise). 

If you are using our Services as a representative (a “Representative”) acting on behalf of a business, company, or other legal entity (in such event, for the purposes of these TOS, “you” and “your” will refer to apply to that business, company, or other legal entity), then:

  • you accept these TOS, and you will be responsible for any act or omission of any employees, contractors, or third party agents using the Services on your behalf;
  • you and your Representative represent and warrant that the Representative has the authority to bind you to these TOS; and
  • you covenant that you have the right, power, and authority to enter into these TOS, perform your obligations, and grant the rights, licences, and authorizations in these TOS.

Mister Contractor’s Services do not include the provision of contractor work, including home or building renovations, re-modelling services, and other residential and commercial contractor work (“Contractor Work”). In these TOS, we’ll refer to the people with whom you sign a contract to do Contractor Work as “Contractors”.

We help facilitate introductions to Contractors who we believe would be well-suited to help you with the Contractor Work that you need done, but we don’t actually do that work ourselves.

You agree that Mister Contractor may have a commercial relationship with each Contractor and that Mister Contractor may receive a referral fee from Contractors who perform Contractor Work for you. Although Mister Contractor endeavours to use reasonable efforts to ensure that Contractors are pre-screened/qualified and have the appropriate licences and insurance, you agree that Mister Contractor does not assume responsibility for any actions or omissions of Contractors or their subcontractors, including in connection with any Contractor Work.

When you decide to enter into an agreement for a Contractor to perform Contractor Work, you are entering into an agreement directly with the Contractor. Mister Contractor is not agreeing to perform Contractor Work or be liable for the Contractor Work. That said, if you have any concerns with the Contractor Work, please let us know so that we can try to help resolve the problem with the Contractors.

You expressly understand and agree that, to the extent permitted by applicable law:

  • The decision to enter into a contract with respect to Contractor Work is at your own risk. Mister Contractor expressly disclaims all warranties and conditions of any kind, whether express or implied, with respect to the Contractor Work.
  • Mister Contractor makes no warranty that the Contractor Work will meet your requirements, will be performed on time, or will be of the quality that you were expecting. Mister Contractor does not make any warranty with respect to the quality, suitability, safety, or ability of third party providers. This includes any potential COVID-19 risks that may result from the performance of any Contractor Work.
  • If a judge or government body determines that Mister Contractor is liable in connection with the Contractor Work or your hiring of a Contractor (notwithstanding the previous provisions of these TOS), then Mister Contractor’s aggregate liability shall not exceed $100. Mister Contractor shall not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages.
  • You agree to indemnify and hold Mister Contractor, its subsidiaries and affiliates, and each of their respective directors, officers, employees, and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, costs (including reasonable legal fees), obligations, liabilities, awards, judgements, fines, penalties, damages, or other charges with respect to any claim, action, proceeding, demand, lawsuit, cause of action, or investigation of any nature whether at law or equity (collectively, “Claims”) by a third party arising from or related to your hiring of a Contractor or any Contractor Work (including work performed by a Contractor’s subcontractors), or any failure by a Contractor to perform any Contractor Work. 
  • Our rights under these TOS shall survive termination of your relationship with the Contractor and shall continue indefinitely.
  • These TOS shall be interpreted and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.
  • If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties to these TOS (the “Parties”) nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. 
  • To the fullest extent permitted by applicable law, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, with respect to any dispute, controversy or Claims arising out of or in connection with these TOS or your use of the Services.
  • The Parties have required that this agreement and all documents and notices resulting from it be drawn up in English. Les Parties aux présents ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent ou qui en découleront soit rédigés en la langue anglaise.
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