The following Terms & Conditions are provided for review prior to service approval. These Terms & Conditions form part of the Service Agreement that the Customer will be required to sign before any work is performed. No services will be provided and no agreement is formed until the Service Agreement is accepted and signed. Customers are encouraged to review the Terms & Conditions carefully and contact us using the information on our website with any questions or concerns prior to signing.

If the Customer will not be present at the service location and does not wish to authorize a designated representative (such as a property manager, tenant, or other on-site contact) to approve the work and bind the Customer to the terms, conditions, and costs of the Service Agreement, the Customer must notify Clean-Out Drains & Plumbing immediately prior to the scheduled service. In such cases, the Customer will be required to provide authorization and approval either by electronic signature or in person before any work may commence.

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[The following is the beginning of the Service Agreement]
 

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By signing and accepting this Job, the Customer acknowledges and agrees to be bound by all terms and conditions in this Agreement. If the Customer is unavailable to sign on-site, their designated representative (e.g., property manager, tenant, etc.) shall have full authority to approve the work and bind the Customer to all terms, conditions, and costs. This Agreement governs the services provided by Clean-Out Drains & Plumbing ("Contractor") and the Customer (“Customer,” "Client", or “Recipient”) and remains in effect until completion or termination as outlined herein.

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SECTION 1 – TERM & WAIVER

1. The term of this Agreement (the "Term") begins upon the Customer’s acceptance and remains in effect until the completion of the Services, subject to earlier termination, otherwise outlined in Section 8. The completion date is an estimate and may be affected by unforeseen conditions or delays.

2. The Customer acknowledges that plumbing and drain cleaning services are often urgent in nature. By signing this Agreement, the Customer acknowledges they are aware of and explicitly consents to waive the statutory 10-day cooling period as specified in the Ontario Consumer Protection Act, 2002, S.O. 2002, c. 30, Sch. A (the "Act")

3. In providing the Services under this Agreement the Contractor and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

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SECTION 2 – FEES AND PAYMENTS TERMS

4. The Customer shall pay all invoices without any deduction or set-off in accordance with the Job provided, subject to changes as outlined, which may include additional charges for extra materials, time, or services. Unless otherwise specified at the time of presentation, invoices presented by the Contractor are payable immediately upon receipt by the Customer. All fees (labour service fee, parts, materials, and products) are subject to applicable the current HST rate of 13% as mandated by the Province of Ontario. Accepted payment methods include cash, e-transfer, and major forms of credit cards or debit cards. The Contractor reserves the right to apply a credit card processing fee of 2.9% plus $0.30 per transaction for payments exceeding $1,000.00, at the Contractor's sole discretion. The fee, if applied, will be disclosed to the Customer before processing the payment.

(a) The Customer acknowledges that pricing for standard, commonly stocked parts and materials reflects sourcing, inventory carrying costs, immediate availability, compatibility verification, and warranty handling. For such standard stocked items, supply runs and administrative time are included in the materials pricing and are not charged separately.
 

(b) The Customer further acknowledges that non-standard, specialty, or special-order parts, including items not typically stocked on the Contractor’s service vehicles or requiring additional sourcing, coordination, or expedited procurement, may be subject, at the Contractor’s discretion, to additional markup and/or separate charges for supplier run time, administrative coordination, or related procurement efforts.
 

(c) To maintain clear and understandable invoices, small fittings, consumables, and incidental materials may be grouped rather than itemized individually. All such charges form part of the Services provided under this Agreement.

5. Overdue amounts under this Agreement is charged at a rate of 18.0% per annum, compounded at 1.5% per month or at the maximum rate enforceable under applicable legislation, whichever is lower. Interest will be calculated on the overdue balance from the due date until the payment is received. The Customer will reimburse the Contractor for any collection agency and legal fees it may incur in all stages of collection. In the event a cheque is returned, the Contractor will charge the Customer a $50.00 processing fee and all other related bank fees.

 

SECTION 3 – RESPONSIBILITIES OF CUSTOMER
 

6. The Customer shall:
 

(a) remove any hazards, obstructions or dangerous conditions around the job site not caused by the Contractor’s work, and provide the Contractor with adequate access to the work area. If access is restricted or unsafe, the appointment may be rescheduled or additional charges may apply;
 

(b) limit access to the job site so that people not a part of this Agreement are not exposed to dangerous conditions relating to the Services provided and place appropriate warnings to warn of dangerous conditions when the Contractor is not on the job site;
 

(c) ensure an authorized representative (18+ years old) be present during the service unless prior arrangements have been made; 
 

(d) ensure all permits or legal permissions required for the work are obtained, unless explicitly agreed otherwise; and, 
(e) disclose any known plumbing issues, previous repairs, or if any chemical drain cleaner has been used prior to service. This is essential for safety, as certain chemicals can cause hazardous reactions when combined with professional drain-cleaning equipment.

 

SECTION 4 - OWNERSHIP OF INTELLECTUAL PROPERTY & PROPERTY
 

7. “Intellectual Property” means all information, data, artistic and literary works, concepts, designs, processes, software, algorithms and inventions, including, without limitation, those that could be the subject of patent, copyright, industrial design, trade secret or other forms of protection. Nothing in this Agreement is intended to transfer ownership of, or grant any rights to, any Intellectual Property of the Contractor existing prior to the Effective Date or conceived, created or developed by the Contractor prior to or outside the scope of the Services.
 

8. Upon the expiry or termination of this Agreement, the Customer will return to the Contractor any property, documentation, records, or Confidential Information which is the property of the Contractor. 
 

9. In the event that this Agreement is terminated by the Customer prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any materials or equipment which is the property of the Contractor

 

SECTION 5 – CONFIDENTIALITY
 

10. Confidential information ("Confidential Information") refers to proprietary business data, including but not limited to accounting records, business processes, and customer records, that is not publicly known. Both Parties agree to maintain confidentiality and not disclose or use such information for any purpose outside this Agreement. If Confidential Information is inadvertently disclosed, the receiving Party must immediately notify the disclosing Party and take reasonable steps to prevent further unauthorized disclosure.

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SECTION 6 - LIABILITY AND HOLD HARMLESS
 

11. The Contractor shall not be liable to the Customer for any consequential, incidental or indirect losses or damages, including, without limitation, loss of revenue, loss of income or loss of anticipated profits, which result from or are in anyway attributable to the Services or this Agreement.
 

12. The Customer shall indemnify and hold harmless the Contractor, its employees and agents from any and all claims, demands, actions and costs whatsoever that may arise, directly or indirectly, out of any act or omission of the Contractor or its employees or agents, with respect to carrying out the purposes of this Agreement.
 

13. The Contractor is not responsible for:
 

(a) defective, damaged, or deteriorated lines, mold, lead piping, or other unexpected or undisclosed conditions, and the consequences of such conditions, including delays, broken fixtures or lines, and lodged, broken, or lost equipment (if the Contractor encounters such conditions, it may halt the work, and the Customer shall pay the fees for the work performed to date);
 

(b) the time required to complete the work with reasonable diligence;
 

(c) unless explicitly stated in writing, any damage necessary to complete the work, including damage to landscaping, walls, painting, tile or concrete or similar items; 
 

(d) damage caused by the removal of any clean-out, drain cover or cap;
 

(e) tasks performed in accordance with the Customer’s specific instructions, and
 

(f) any damage to or loss of equipment resulting from pre-existing conditions, including but not limited to collapsed, deteriorated, or obstructed sewer lines. If retrieval of equipment requires additional work, including excavation, the Customer acknowledges that they are responsible for the associated costs.
 

14. The Contractor is not responsible for delays resulting from circumstances beyond their control, including but not limited to natural disasters, government actions, or supply chain disruptions, such as extreme weather, pandemics, strikes, civil, governmental or military authority, act of God, inability to obtain delivery of parts, etc. ("force majeure").

 

SECTION 7 - PUBLICITY & MEDIA/PHOTOGRAPHY CONSENT
 

15. The Contractor and its employees may capture photographs/videos of the worksite for documentation, quality assurance, record-keeping, and marketing/promotional purposes (“Purposes”). These materials remain the Contractor’s intellectual property and may be used for promotional purposes unless the Customer revokes consent in writing. Any such materials will not include personally identifiable information without explicit consent. Revocation does not apply to materials already published or in active use, and documentation for internal records remains mandatory. No monetary compensation shall be provided for the use of these images. The Customer waives any claims related to the use of the photographs/videos and consents to their use, in whole or in part, for the Purposes stated above.

 

SECTION 8 – TERMINATION
Either party may terminate this agreement with 7 days written notice. If the Customer terminates, they remain responsible for any outstanding balances for services rendered. Any prepaid fees will be refunded on a pro-rata basis. If the Service Provider terminates, reasonable efforts will be made to complete outstanding services unless otherwise agreed upon. 
 

16. This Agreement may also be terminated immediately if:
 

(a) a party has breached any of its obligations pursuant to this Agreement and has failed to remedy such breach within fifteen (15) days after notice in writing from the other party;
 

(b) a Party becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors or makes any proposal, assignment or arrangement with its creditors, or any steps are taken or proceedings commenced by any person for the dissolution, winding up or other termination of the party’s existence, or the liquidation of its assets;
 

(c) a trustee, receiver, receiver-manager or like person is appointed with respect to the business or assets of a party
 

(d) the party not in default may, at its option, give written notice to the party in default terminating this Agreement, which termination shall be effective on the date the notice is received by the defaulting party.
 

17. The provisions of Sections 4-8 shall survive the termination or expiration of this Agreement.

 

SECTION 15 – NOTICES
 

18. All notices, reports, invoices, payments and formal communications (collectively referred to as “Notices”) required or permitted to be given hereunder shall be in writing and shall be delivered personally or sent by prepaid registered mail, facsimile transmission or email to the information so indicated on the letterhead. Notices to the Customer shall be delivered by email or text messages at the information so indicated at the top of this Job. Notices sent by prepaid registered mail shall be deemed to be received by the addressee on the seventh day (excluding Saturdays, Sundays, Statutory Holidays and any period of postal disruption) following the mailing thereof. Notices personally served or sent by facsimile transmission or email or text message shall be deemed to be received when delivered, provided such delivery shall be during normal business hours.

 

SECTION 16 – DISPUTE RESOLUTION
 

19. Any disputes arising under this Agreement will be resolved through mediation. If mediation fails, the dispute will be settled by binding arbitration under the provisions of the Arbitration Act of Ontario.

 

SECTION 17 – INTERPRETATION
 

20. This Agreement shall be governed and interpreted in accordance with the laws in force in the Province of Ontario and the federal laws of Canada. 
 

21. This Agreement referred to herein contain the entire understandings and agreements of the Contractor and The Customer and supersede all prior agreements or understandings, oral or written relating to the Services.
 

22. The Customer may provide additional on-going instructions regarding the Services from time to time via text message, phone call, or in-person communication. Such instructions shall be deemed sufficient authority for the Contractor to proceed with the requested work, provided they do not conflict with the terms of this Agreement.
 

23. The failure of the Contractor or the Customer to enforce a provision of this Agreement shall not be construed as a waiver of such party’s rights to enforce such provision.
 

24. The determination that any provision of this Agreement is invalid shall cause it to be deemed severed from the remainder of this Agreement and shall not cause the remainder of this Agreement to be invalid or unenforceable.
 

25. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. This Agreement represent the entire agreement between the parties in respect of the subject matter hereof. There are no oral, verbal, or collateral terms, conditions, representations, warranties, or obligations not set forth herein, except as provided in paragraph 22. 
 

26. The Customer acknowledges it had the opportunity to seek independent legal advice regarding this Agreement. The Customer confirms that it either obtained independent legal advice or has voluntarily waived the same.
 

27. Delivery of this Agreement may be made by facsimile signature or other means of electronic communication which, for all purposes, shall be deemed to be an original signature.

 

[The above contains the entire Service Agreement]
 

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Effective Date: Jan 8, 2026