Terms and Conditions
1. Effective Date
December 4, 2021
2. Terms and Conditions
These terms and conditions (the "Terms and Conditions") govern the use of www.njarchitect.ca (the "Site"). This Site is owned and operated by Nicholas Jay Architect. This Site is a representation of the architectural services we offer for building projects located in the Province of Ontario, Canada.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to always abide by them.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
3. Intellectual Property
All content published and made available on our Site is the property of Nicholas Jay Architect. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
4. Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
5. Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owner or any third party to the Site;
- Hack into the account of another user of the Site or the Site owner;
- Act in any way that could be considered fraudulent;
- Post any material that may be deemed inappropriate or offensive; or,
- Transmit computer viruses that could affect other users or the Site owner.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
6. Representation of Services
These Terms and Conditions govern the services represented on our Site at any time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to use the information on our Site at your own risk.
The following services are represented on our Site:
- Architectural Services (NAICS 541310): This Canadian industry comprises establishments primarily engaged in planning and designing the construction of residential, institutional, leisure, commercial and industrial buildings and other structures by applying knowledge of design, construction procedures, zoning regulations, building codes and building materials.
The services displayed on our Site are representational only. Actual services available may vary according to the needs of your project.
To determine the services needed for your project, you may contact us by the telephone number or email contact form provided on our Site. When contacting us, it is your responsibly to provide information regarding the existing conditions of your project's lands and premises, including soils and sub-surface conditions, existing structures, surveys, etc., as required.
We may then request further information; arrange to meet you at your project site for further discussion; or provide you with a proposed written agreement that outlines the project scope, services, fees, and general terms. We reserve the right, in our sole professional opinion, to decline your project for any reason.
7. Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
8. Links to Other Websites
Our Site contains links to third party website or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
9. Limitation of Liability
Nicholas Jay Architect, its owner, and employees will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
Further to your use of the Site, any Architectural Services you receive from Nicholas Jay Architect, including communications by email or verbal discussion, shall be deemed "PRELIMINARY - NOT FOR CONSTRUCTION". In providing any Architectural Services, Nicholas Jay Architect shall exercise the standard of care, skill and diligence required by customarily accepted professional practices. All Architects in Ontario carry professional liability insurance to at least the mandatory level. Evidence of insurance is available upon request.
The total amount of all claims for professional liability, in contract or tort, which you may have against Nicholas Jay Architect related to these Terms and Conditions is limited to the amount of professional liability insurance carried and available.
Except where prohibited by law, by using this Site you indemnify and hold harmless Nicholas Jay Architect, its owner, and employees from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
11. Applicable Law
These Terms and Conditions shall be governed by the law of the Province of Ontario, Canada.
12. Dispute Resolution
You and Nicholas Jay Architect agree to make all reasonable efforts to resolve a dispute by amicable negotiations and agree to provide, on a without prejudice basis, full and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. Disputes shall be resolved according to provisions of the applicable provincial legislation.
If any provision of these Terms and Conditions are declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and Conditions and the other provisions shall remain in full force and effect.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.