Skip to Content

STANDARD TERMS AND CONDITIONS

Pricing 

If Fixed Cost pricing has been provided the covering estimate for this document will contain a dollar value and an associated Scope of Services document providing detail for the services offered and the success criteria for the acceptance of the work product. Fixed cost options exclude travel and expense costs.

When a flexible engagement of ClearAlan is required to complete various task requirements at the direction of our customers management a Time and Materials hourly rate will be provided on the covering estimate.  This hourly rate will include a maximum upset value, to which ClearAlan will provide the customer with a notification upon accrual of 75% of the time allocated.   Time and Materials estimates do not include travel and expense costs.

ClearAlan reserves the right to review the costs of services on projects extending beyond the documented completion date at the time of agreement. 

Due to the variations of site conditions and readiness the onsite time (Cost, Duration and Effort) has been provided as an estimate of days necessary for on-site deployment.  Should additional days be required due to site readiness or conditions additional time will be made known to the project manager and invoiced as time and expenses.

The provision of the Quotation or Estimate is not a warranty of final pricing.  Estimates and Quotes are subject to change if project specifications, scope of services or on-site conditions change.

Terms of Additional Services

ClearAlan Inc. reserves the right to renegotiate fees based on meaningful increases to the scope of requirements as identified in this quotation, delays in schedule or changes to the working organization of the project.

ClearAlan Inc. reserves the right to renegotiate fees based on the addition of services to this quotation

Additional services are identified as services or scope that were not explicitly defined in the project estimate and may include:

Working Hours

ClearAlan Inc. standard office hours are 9:00am to 5:00pm (eastern).  These hours are subject to negotiation for onsite conditions but must be mutually agreed upon.  When extended onsite hours are required the customer shall coordinate continued and unobstructed access for ClearAlan staff to all equipment locations as they pertain to this project.

Work which must be performed on weekends or holidays will be billed at time and a half. All work performed on Statutory holidays will be billed a 2.5x the quoted rate noted above.  Note that the additional services charges have not been presented within the project estimate or quotation.

Indemnification

The Client/Customer shall defend, indemnify and save harmless ClearAlan Inc. and any companies affiliated, associated or otherwise related to ClearAlan Inc. and their respective agents, contractors, directors, officers and employees from and against any and all damages, injuries, claims, demands, actions, liabilities, costs and expenses (including reasonable legal fees) incurred or made against ClearAlan Inc. arising from or connected with the Client/Customer or any other employee or agent of the Client/Customer negligent act, omission, or willful misconduct of ClearAlan in the performance of this Agreement or ClearAlan Inc’s breach of warranty, representation or covenant herein including, without limitation, any liability that the Client/Customer may incur to any authority for source deductions, goods and services tax and any other remittance obligations with respect to payment to ClearAlan pursuant to this Agreement.

Warranty

ClearAlan Inc. will provide warranty support for a period of 12 months from first use of the solution as related to the deliverables agreed upon.

The warranty becomes null and void if the software or its controlled subsystems modified in any way by a third party and minimum charge service rates will apply.

ClearAlan reserves the right to charge minimum service charge rates for all service in which the solution was found not to be a defect in ClearAlan workmanship.

Licensing

All Programs, Software, Source Code, Graphics Design, Graphic Elements, Plans or documentation created by ClearAlan Inc. shall remain the property of ClearAlan Inc.  A Perpetual use software license is granted for the deployed version of software for the lifetime of rooms or systems for which they were programmed by ClearAlan. Reproduction or redistribution of any ClearAlan intellectual property without prior written consent will be deemed a breach of this agreement and cause irreparable harm against ClearAlan Inc. 

Billing and Payment

For fixed cost projects of less than 2 months duration ClearAlan Inc. will issue three invoices throughout the progress of the project. 35% upon signing, 55% upon completion of the Development Phase and 10% upon completion of site deployment. 

For projects greater than 2 months duration ClearAlan Inc. will issue monthly progress invoices.

Time and Materials invoices will be issued bi-weekly and include timesheet records of the hours accrued.

The Client agrees to that invoice are due within 15 days and issue payment in full within 15 days of receipt. Interest will be billed at 3% and accrued monthly.

Expenses

All travel, lodging and living expenses incurred for work outside of the Greater Toronto Area will be billed at cost + 3% and issued independent of progress invoicing.  All expense claims will be submitted with summary and supporting receipts. ClearAlan travels with AirCanada for negotiated lowest rates.  Where possible, at the sole discretion of, ClearAlan will combine travel with other projects and share the costs between customers.

Agreement

ClearAlan Inc. and the Customer recognize that ClearAlan Inc. is authorized to complete this scope of work upon the provision of Purchase/Work order number from the customer.  The provision of the Purchase/Work order will bind ClearAlan Inc. and the Customer to the terms of this agreement.