Terms & Conditions

Terms & Condition

Terms & Condition For Services & Purchases

from

FreeBird Safety Services

Owner: Mike Winbow

3271 Saanich Street

Abbotsford BC Canada

V2T-4Y8


Terms Conditions for Sale Items, and Contracted Services

Use of this Site

In General

    Michael Albert Winbow, FreeBird Safety Services, www.freebirdsafetyservices.ca owns and operate this Website.  This document governs Terms Conditions, Services of Sale Items, and Contracted Services and your relationship with this company "FreeBird Safety Services" and the website.  Access to and use of this Website and the products and services available through this Website (collectively, the "Services") either free or paid for, are subject to the following terms conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Website Access

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website www.freebirdsafetyservices.ca

This Website may contain links to other websites (the "Linked Sites"), which are not operated by 

www.freebirdsafetyservices.ca has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found on my Privacy Policy Page . By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.freebirdsafetyservices.ca will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Liability 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.freebirdsafetyservices.ca or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.freebirdsafetyservices.ca and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order for products and or services, you are offering to make a purchase.  You are subject to the following terms conditions services of sale items, and contracted services. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability. Furthermore subject to any delays resulting from postal delays or force majeure for which we will not be responsible.  Also services will be conducted as per contract.  As a result  some conditions are and always will remain constant unless a special provision is made and signed by both parties. For request of services in which it has been requested by the purchaser or person/ company that the nature is of an emergency circumstance, the following is in effect.  An email must outline the request and payment for serviced work is subject to be finalized within 10 calendar days.    

Must Be

In order to contract for OH&S services of any kind with FreeBird Safety Services, you must meet the following conditions and accept the terms of services

  1. Be over 18 years of age
  2. Be a Canadian Citizen
  3. Possess a good credit rating by a financial institution acceptable to us (for services on a continued basis on credit).
  4. Other services on a one-time basis or for training & certification are subject to payment being made prior or on day of services.
  5. FreeBird Safety Services retains the right to refuse any request made by you.
  6. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be an employee of FreeBird Safety Services or may in some cases be a third party.
  7. Where a contract is made with a third party FreeBird Safety Services is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
  8. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
  9. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of re-confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment For Documents, Manuals, and Forms

Upon receiving your order, we will require a 10% deposit. Once received, work on your products can commence. If a transaction is to make an order and be placed by way of over the internet, then an e-transfer will be the way of payment. Once full payment is released, a code will be send, so as the watermarks and security codes may then be released. Transactions can be made in person which is the preferable way.

 

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law freebirdsafetyservices.ca and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect freebirdsafetyservices.ca liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.freebirdsafetyservices.ca and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected towww.freebirdsafetyservices.ca

Indemnity

You agree to indemnify, defend and hold harmless FreeBird Safety Services , its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

FreeBird Safety Services shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and FreeBird Safety Services. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director or owner of this company. 

Terms & Conditions -Training and Direct Sales

   Sales on OH&S Documents are final. Training must be pre-paid prior to start of course, unless a separate agreement has be made. Company clothing may be returned for defective products only. However, as each item shipped is inspected first and do not allow defective items to be shipped, damage must have occurred during shipping transport. An investigation will need to issue and we will replace all damaged goods.

Terms & Conditions of the Temporary Construction Safety and First Aid Personnel Services

  1. The location, number of people in total at that location and hazard assessment in relation to Schedule 3-A Minimum Levels of First Aid of the WorkSafe BC Regulations will apply to the certification of the contracted worker being assigned based on the information supplied by the purchasing party (hereby referred to as Party 1 or the Client). In some cases Schedule 3 might not fully encompass all hazards and should be recognized only as a minimum code requirement for the basics of hazards recognized on location. A more in depth assessment may warrant a more trained individual and or higher level of first aid in our opinion and that opinion must be recognized and accepted.    
  2. A contracted Cost Per Hour per contracted worker requested by Party 1, will be based on a rate confirmed in a contract as a base rate per hour for the first 8 hours. After 8 hours of work, hour 9 to 12 are billed at 1 ½ times the base rate. Every hour past the 12th hours of work for a specific day will be 2 times the base rate.
  3. A time sheet supplied by FreeBird Safety Services will be filled out by the contracted worker illustrating hours worked, activities and tasks performed by the worker for that particular day, and initialed by the site superintendent or person in charge for each day of service and a signature is required at the end of the work week. 
  4. If an issue arises between the contracted worker sent by FreeBird Safety Services and Party 1, the client being Party 1 can ask the contracted worker to vacate the position for legal reasons under all legislative Acts and Regulations of BC. However, FreeBird Safety Services management will need to be contacted prior in order to try and rectify any situation first. 

Invoicing and Payment Structure for ongoing contracted work 

  1. All payments must be made to FreeBird Safety Services. Payments for services should must never be given to any contracted worker or discuss any contract details with said contracted worker.
  2. Invoicing will be sent out on the 25th of each month and will encompass the entire month from the 1st of that particular month till the end of the same month in regards to services performed by Party 2 FreeBird Safety Services, and / or our contracted workers.
  3. The days after the 25th of each month will be calculated as 8-hour work days. If any discrepancies of working hours occur after the 25th of each month till the end of that same month, an itemized adjustment will be made the following month in detail.
  4. Party 1 will also be issued a copy of the official time sheet as a legal recorded document of hours worked.
  5. All payments for services should be received by FreeBird Safety Services within 10 days after the day of the invoicing for that particular month.
  6. Invoicing will be made by way of company email. A delivery receipt and a read receipt will be transmitted electronically once the actions of delivery and opening of that email has taken place.     
  7. Any unpaid invoices that become past due for services rendered will be subject to a monthly interest rate of 2% or ½ % per week on the undue amount only.    
  8. FreeBird Safety Services requests all invoiced contract payments be made by company cheque or electronically by whatever means party 1 may use. If a cheque is to be issued then further arrangements can be made for delivery. Either by Canada Post mail or personally being picked up by Mike Winbow owner of FreeBird Safety Services if in the local area of the Lower Mainland or Lower Fraser Valley of BC. 

Non Contracted Passive Work

  1. From time to time customers might need services, and notification has been received by FreeBird Safety Services on the very same day. Or work might be only for a short duration of time. On these occasions a employee with authorisation will need to sign off on our workers timesheet as proof of work commencing and completed. 
  2. In the event of administrational work being requested such as the creation of a  small document,  and correspondence is conducted over the internet and email, then those emails can be used as proof of requested and completed work. With every email FreeBird Safety Services always transmits a delivery receipt and a request for a read receipt. 
  3. When said work is completed an invoice will be generated and issued immediately. 
  4. Unless special arrangements have been made and signed off on by Mike Winbow only, all invoices must be paid within 10 calendar days. 
  5. As well the Terms of Sales section applies 

Late Payment Fees 

  1. All late payments are subject to a charge of 2% monthly of the outstanding amounts. Further GST will also be added to extra charges

 Other Legal Requirements

  1. All contracted workers supplied by FreeBird Safety Services who are assigned to a client on request are fully qualified, and certified under the laws of the province of British Columbia
  2. All employees who hold an Occupational First Aid certification, as per requirements of legislative laws, must carry their credentials and certifications on their persons or in close proximity in the event a WorkSafe BC representative request proof of certification.
  3. All regulations of WorkSafe BC will apply in all Contracted assignments and must be followed in the course of any and all activities during the contracted working hours while on location specified by Party 1, the client.
  4. Party 1 agrees that all Temporary Contracted Workers sent to any location as requested by Party 1 are in fact contracted to FreeBird Safety Services and are NOT to be recruited or asked to directly work for Party 1 in regards to future employment, superseding FreeBird Safety Services.
  5. If Party 1 wishes to hire any Temporary Contracted Worker and wishes to terminate this agreement, that option can be negotiated with a gratuity in the favor of FreeBird Safety Services equal to 2 weeks or 80 hours of contracted pay. However, after 3 months has passed with continuous service by one Temporary Contracted Worker to Party 1 by FreeBird Safety Services, that employee may be hired directly by Party 1 with all the best wishes of FreeBird Safety Services with no penalties by any party.

Mike Winbow

 President and CEO

of

 FreeBird Safety Services

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