Terms of Use

ECG Synergy Marketing & Networking Inc.
Last Updated: January 8, 2025
Effective Date: January 8, 2025

Table of Contents

1. Acceptance of Terms
2. Changes to Terms
3. Eligibility and Account Registration
4. Description of Services
5. User Obligations and Conduct
6. Prohibited Uses
7. Intellectual Property Rights
8. User-Generated Content
9. Additional Terms for Partners (Contractors)
10. Additional Terms for Clients
11. Fees and Payment Terms
12. Referral Process and Disclaimer
13. Third-Party Links and Services
14. Privacy and Data Protection
15. Electronic Communications and Consent
16. Disclaimers and Warranty Exclusions
17. Limitation of Liability
18. Indemnification
19. Dispute Resolution and Arbitration
20. Termination and Suspension
21. Force Majeure
22. General Provisions
23. Contact Information

1. Acceptance of Terms

By accessing, browsing, or using the Website or Services in any manner, including but not limited to:

• Visiting ecgsynergy.com
• Submitting a referral request or inquiry form
• Applying to become a Partner (contractor or tradesperson)
• Subscribing to newsletters or marketing communications
• Clicking links in emails or advertisements
• Engaging with our social media content

You expressly acknowledge and agree to be bound by:

• These Terms of Use
• Our Privacy Policy
• Our Code of Conduct (if you are a Partner)
• Any additional agreements or policies referenced herein

These documents collectively form the entire agreement between you and ECG Synergy regarding your use of the Website and Services.

Binding Arbitration and Class Action Waiver: These Terms contain provisions that govern how disputes are resolved, including a binding arbitration clause and class action waiver in Section 19. Please review these provisions carefully.

2. Changes to Terms

2.1 Right to Modify

ECG Synergy reserves the right to modify, amend, or replace these Terms at any time, at our sole discretion, for any reason, including but not limited to:

• Changes in applicable laws or regulations
• Improvements or updates to the Services
• Security, privacy, or operational considerations
• Business model changes or new features

2.2 Notice of Changes

When we make material changes to these Terms, we will:

• Update the “Last Updated” date at the top of this page
• Post a prominent notice on the Website homepage for at least 30 days
• Send email notification to registered users (Clients and Partners) at the email address on file
• Provide a summary of key changes in the notification

For non-material changes (e.g., clarifications, formatting, contact information updates), we may update the Terms without specific notice beyond updating the “Last Updated” date.

2.3 Acceptance of Changes

Your continued use of the Website or Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must:

• Discontinue use of the Website and Services immediately
• Contact us to close your account or cancel your subscription (for Partners)
• Exercise any applicable rights under the previous Terms (e.g., refund requests, data deletion)

2.4 Responsibility to Review

It is your responsibility to review these Terms periodically. We recommend checking this page each time you use the Website. Ignorance of changes does not excuse non-compliance.

3. Eligibility and Account Registration

3.1 Age and Capacity Requirements

To use the Website or Services, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction, whichever is older)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under the laws of Canada, British Columbia, or your jurisdiction

By using the Website, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you are not authorized to access or use the Website or Services.

3.2 Business Representation

If you are using the Website on behalf of a business, organization, or other legal entity:

• You represent that you have the authority to bind that entity to these Terms
• References to “you” in these Terms apply to both you individually and the entity you represent
• The entity agrees to indemnify and hold ECG Synergy harmless for your actions or omissions

3.3 Account Registration

Certain features of the Services may require account registration. When creating an account, you agree to:

• Provide Accurate Information: All registration information must be current, complete, and accurate. You must update your information promptly if it changes.
• Maintain Confidentiality: You are responsible for maintaining the confidentiality of your account credentials (username, password, security questions). Do not share your credentials with anyone.
• Notify Us of Unauthorized Use: If you suspect unauthorized access to your account, notify us immediately at info@ecgsynergy.com.
• Accept Responsibility: You are solely responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for losses resulting from unauthorized use of your account.

3.4 Account Suspension or Termination

We reserve the right to suspend, disable, or terminate any account at any time, with or without notice, for any reason or no reason, including but not limited to:

• Violation of these Terms or our policies
• Suspected fraudulent, abusive, or illegal activity
• Non-payment of fees (for Partners)
• Prolonged inactivity (we may notify you before deleting inactive accounts)
• At your request

4. Description of Services

4.1 Overview

ECG Synergy operates a contractor referral and networking platform that connects:

• Clients (homeowners, property managers, businesses) seeking qualified contractors for construction, renovation, repair, or maintenance projects in Greater Victoria, British Columbia
• Partners (licensed contractors, tradespeople, service providers) who have been verified and approved to join the ECG Synergy network

4.2 Services for Clients

Clients can use the Website to:

• Submit referral requests describing their project needs
• Receive introductions to vetted, qualified contractors from the ECG Synergy network
• Access information about contractors’ qualifications, insurance, and WorkSafeBC coverage
• Communicate with matched contractors to obtain quotes and schedule services

No Fees for Clients: ECG Synergy does not charge Clients for referral services. Clients are free to use the platform at no cost.

4.3 Services for Partners

Verified Partners can:

• Create a business profile and display credentials (licenses, certifications, insurance, project photos)
• Receive project referrals from ECG Synergy based on trade specialty, service area, and availability
• Choose between two membership tiers:
  • Core (Paid): Priority access to referrals, enhanced profile visibility, and premium support
  • Open (Free): Secondary access to referrals and basic profile listing
• Communicate with Clients to provide quotes, answer questions, and schedule work
• Collaborate with other ECG Synergy Partners on projects

4.4 Verification and Vetting

ECG Synergy verifies Partners by reviewing:

• Business licenses and registration status
• WorkSafeBC coverage and clearance letters
• Commercial general liability insurance (coverage, limits, expiry dates)
• Trade certifications, tickets, and professional credentials
• Professional references and past project history

However, ECG Synergy does not guarantee the quality, timeliness, safety, or legality of services provided by Partners. See Section 12 (Referral Process and Disclaimer) for important limitations.

4.5 Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, including:

• Adding or removing features
• Changing eligibility criteria for Partners
• Adjusting pricing or subscription tiers
• Limiting geographic service areas

We are not liable for any modification, suspension, or discontinuation of the Services.

5. User Obligations and Conduct

By using the Website and Services, you agree to:

5.1 Lawful Use

• Use the Website and Services only for lawful purposes and in compliance with all applicable federal, provincial, and local laws, regulations, and industry standards
• Not use the Services in any way that violates any law or regulation, including but not limited to privacy laws, anti-spam laws (CASL), consumer protection laws, or intellectual property laws

5.2 Accurate Information

• Provide truthful, accurate, current, and complete information when submitting forms, creating accounts, or communicating with ECG Synergy or other users
• Update your information promptly if it changes (contact details, business licenses, insurance, certifications)
• Not impersonate any person or entity, or falsely represent your affiliation with any person or entity

5.3 Respectful Conduct

• Treat other users, ECG Synergy staff, and the public with respect and professionalism
• Not engage in harassment, discrimination, threats, bullying, hate speech, or abusive language
• Not post or transmit any content that is defamatory, obscene, offensive, fraudulent, or otherwise objectionable

5.4 Security

• Maintain the security of your account credentials and promptly notify us of any unauthorized access
• Not attempt to gain unauthorized access to any portion of the Website, other users’ accounts, or connected systems or networks
• Not introduce viruses, malware, worms, Trojan horses, spyware, ransomware, or other malicious code

5.5 Cooperation

• Respond to reasonable requests from ECG Synergy for information, documentation, or clarification (e.g., verification of credentials, investigation of complaints)
• Comply with our Code of Conduct (Partners only)
• Promptly report any suspected violations of these Terms or illegal activity

6. Prohibited Uses

You are expressly prohibited from using the Website or Services to:

6.1 Illegal or Harmful Activities

• Engage in any illegal activity or facilitate others in doing so
• Violate any local, provincial, federal, or international law or regulation
• Infringe or misappropriate the intellectual property, privacy, or other rights of any party
• Transmit any content that promotes violence, terrorism, illegal drugs, weapons, or other harmful activities

6.2 Fraudulent or Deceptive Practices

• Submit false or misleading information (fake credentials, fabricated references, inaccurate project descriptions)
• Engage in bait-and-switch pricing, hidden fees, or other deceptive billing practices
• Create fake accounts or use automated tools (bots, scripts, scrapers) to access the Website
• Manipulate reviews, ratings, or testimonials

6.3 Interference with Services

• Disrupt, interfere with, or impose an unreasonable burden on the Website, servers, or networks
• Use any automated system (robots, spiders, scrapers) to access or extract data from the Website without our written permission
• Attempt to decipher, decompile, disassemble, or reverse-engineer any software or code comprising the Website
• Circumvent or disable any security features, access controls, or usage limits

6.4 Spam and Unsolicited Communications

• Send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or pyramid schemes
• Use the Website to harvest or collect email addresses or other contact information of users without their consent
• Violate Canada’s Anti-Spam Legislation (CASL) or similar laws

6.5 Misuse of Network

• Poach active ECG Synergy matches from other Partners (soliciting Clients who are already engaged with another Partner)
• Use ECG Synergy branding, name, or logo without authorization or in a misleading manner
• Misrepresent your relationship with ECG Synergy (e.g., claiming to be an employee or exclusive partner when you are not)
• Compete directly with ECG Synergy by using information obtained through the Services to build a competing platform

6.6 Unlicensed or Uninsured Work

• Perform work for which you are not properly licensed, certified, or insured
• Operate without active WorkSafeBC coverage (Partners only)
• Engage subcontractors who are not properly licensed, insured, or covered by WorkSafeBC

Consequences: Violation of any prohibited use may result in immediate suspension or termination of your account, removal from the ECG Synergy network, legal action, and/or reporting to law enforcement or regulatory authorities.

7. Intellectual Property Rights

7.1 Ownership of Website and Content

The Website and all content, features, and functionality, including but not limited to:

• Text, graphics, logos, icons, images, photographs, videos, and audio clips
• Design, layout, navigation, and user interface elements
• Software, code, scripts, and algorithms
• Trademarks, service marks, trade names, and branding
• Compilation, organization, and presentation of content

are owned by ECG Synergy Marketing & Networking Inc., its licensors, or other providers of such material, and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited License to Users

Subject to your compliance with these Terms, ECG Synergy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Website for your personal or internal business purposes
• View and temporarily download or cache pages for personal, non-commercial use
• Print or download a reasonable number of pages for personal or internal business use (e.g., saving a project scope, printing a contractor profile)

This license does not include any right to:

• Reproduce, distribute, display, sell, or commercially exploit the Website or its content
• Modify, adapt, translate, or create derivative works based on the Website or content
• Reverse-engineer, decompile, or disassemble any part of the Website
• Use any automated tools (bots, scrapers) to access or copy content
• Remove, obscure, or alter any copyright, trademark, or proprietary notices

7.3 Trademarks

The ECG Synergy name, logo, taglines, and all related names, logos, product and service names, designs, and slogans are trademarks of ECG Synergy Marketing & Networking Inc. or its affiliates. You may not use these marks without our prior written consent.

Other names, logos, and trademarks appearing on the Website are the property of their respective owners. Nothing on the Website grants you any license or right to use any trademark without the prior written permission of the owner.

7.4 Partner Use of ECG Synergy Branding

Approved Partners may use the ECG Synergy name and logo in accordance with our Brand Guidelines (if provided) for the limited purpose of:

• Identifying themselves as ECG Synergy Verified Partners in marketing materials, websites, and business cards
• Displaying the ECG Synergy badge or logo on their website or storefront (with attribution)

Partners must:

• Use only approved logos and graphics provided by ECG Synergy
• Not alter, modify, or distort the ECG Synergy logo
• Represent their membership status accurately (Core vs. Open tier)
• Discontinue use immediately upon termination of partnership

Unauthorized use of ECG Synergy branding is a violation of these Terms and may constitute trademark infringement.

7.5 DMCA Compliance and Copyright Infringement

If you believe any content on the Website infringes your copyright, please notify us in writing with the following information:

• Identification of the copyrighted work claimed to be infringed
• Identification of the material that is claimed to be infringing and its location on the Website
• Your contact information (name, address, phone number, email)
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Send copyright infringement notices to:
Email: info@ecgsynergy.com (Subject: “DMCA Notice”)
Mail: ECG Synergy Marketing & Networking Inc., Attn: Copyright Agent, 2271 Nicklaus Drive, Langford, BC V9B 0L2, Canada

8. User-Generated Content

8.1 Types of User Content

Certain features of the Services allow you to submit, post, or transmit content, including:

• Project descriptions and referral requests (Clients)
• Business profiles, project photos, and testimonials (Partners)
• Reviews, ratings, and feedback
• Messages, comments, and communications with other users
• Any other text, images, videos, or files you upload or share

Collectively, this is “User Content.”

8.2 Your Responsibility for User Content

You are solely responsible for all User Content you submit. You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to submit the User Content
• The User Content does not infringe or violate any intellectual property, privacy, publicity, or other rights of any third party
• The User Content does not contain any illegal, defamatory, obscene, offensive, or otherwise objectionable material
• The User Content complies with all applicable laws and these Terms

8.3 License to ECG Synergy

By submitting User Content, you grant ECG Synergy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, modify, adapt, publish, translate, and create derivative works from your User Content
• Display, distribute, and transmit your User Content on the Website, in marketing materials, and across any media or platform
• Sublicense these rights to Partners, Clients, service providers, and third parties as necessary to operate the Services

This license survives termination of your account or these Terms. You waive any moral rights or attribution rights to the extent permitted by law.

8.4 Consent for Public Display

If you submit User Content intended for public display (e.g., project photos, testimonials, business profiles), you consent to ECG Synergy displaying this content publicly on the Website, in social media posts, advertisements, and promotional materials. You acknowledge that this content may be viewed, shared, or reposted by third parties.

To request removal of publicly displayed User Content, contact us at info@ecgsynergy.com. We will make reasonable efforts to remove it, but cannot guarantee complete removal from all locations (e.g., third-party websites that copied it).

8.5 Monitoring and Moderation

ECG Synergy has the right, but not the obligation, to:

• Monitor, review, or screen User Content for compliance with these Terms
• Remove, edit, or refuse to post any User Content that violates these Terms or is otherwise objectionable
• Disclose User Content to law enforcement or regulatory authorities if required by law or to protect rights, property, or safety

We are not responsible for screening or monitoring all User Content, and we do not endorse or guarantee the accuracy, quality, or legality of User Content submitted by users.

8.6 Prohibited User Content

You may not submit User Content that:

• Infringes any intellectual property or proprietary rights
• Contains viruses, malware, or other harmful code
• Is defamatory, obscene, pornographic, harassing, threatening, or hateful
• Promotes illegal activity, violence, or discrimination
• Violates any person’s privacy or publicity rights
• Contains false or misleading information
• Violates any applicable law or regulation

9. Additional Terms for Partners (Contractors)

If you are a Partner (contractor, tradesperson, or service provider) participating in the ECG Synergy network, the following additional terms apply:

9.1 Application and Verification

• You must submit a complete and accurate application with all required documentation (business license, WorkSafeBC clearance, insurance, certifications, references)
• ECG Synergy will verify your credentials and determine whether to approve your application at our sole discretion
• Approval does not guarantee referrals or any minimum volume of work
• You must maintain active licenses, insurance, and WorkSafeBC coverage throughout your participation
• You must notify ECG Synergy within 5 business days of any changes to your credentials, coverage, or business status

9.2 Code of Conduct

All Partners must comply with the ECG Synergy Code of Conduct, which includes standards for:

• Safety and compliance (WorkSafeBC, BC OHS, permits)
• Quality and workmanship
• Professional conduct and communication
• Transparent pricing and change orders
• Respect for Clients, property, and other trades

Violation of the Code of Conduct may result in suspension or termination.

9.3 Subscription Tiers and Fees

Partners may choose between:

• Core (Paid) Partnership: Requires payment of subscription fees in exchange for priority referrals, enhanced profile visibility, and premium support. Fees are described in Section 11.
• Open (Free) Partnership: No subscription fees; secondary access to referrals and basic profile listing.

ECG Synergy may change tier features, pricing, or eligibility criteria with 30 days’ notice.

9.4 Referral Process

• ECG Synergy will send referrals to Partners based on trade specialty, service area, availability, tier status, and matching algorithm
• Partners must acknowledge referrals within 1 business day and provide an availability window within 2 business days
• Partners are not obligated to accept every referral but should respond promptly and professionally
• If declining, Partners should provide a brief reason (capacity, scope fit, geography) to help improve matching

9.5 Relationship Between Partners and Clients

• You are an independent contractor. ECG Synergy is not your employer, agent, or representative. You are solely responsible for your services, employees, subcontractors, taxes, insurance, and compliance with laws.
• Direct contractual relationship: When you accept a referral, you enter into a direct contract with the Client. ECG Synergy is not a party to that contract and has no liability for the work performed or disputes that arise.
• Your obligations: You are responsible for providing quotes, scopes of work, contracts, invoicing, warranties, and all aspects of service delivery. ECG Synergy does not control how, when, or where you perform work.

9.6 No Guarantee of Work

ECG Synergy does not guarantee:

• Any minimum number of referrals or volume of work
• That Clients will accept your quotes or hire you
• That referrals will be profitable or meet your business needs
• Exclusivity (we work with multiple Partners in each trade category)

9.7 Non-Compete and Non-Solicitation (Limited)

During your participation in the ECG Synergy network and for 6 months after termination, you agree not to:

• Poach active matches: Solicit or accept work from Clients who are actively engaged with another ECG Synergy Partner on an ECG-referred project
• Compete with ECG Synergy: Use information obtained through the Services to build, operate, or contribute to a competing contractor referral or matching platform in Greater Victoria

You may:

• Accept referrals or work from Clients who contact you directly (not through ECG Synergy)
• Work on projects for ECG Clients after the initial ECG-referred project is complete
• Continue your independent business activities outside the ECG Synergy network

9.8 Compliance with Laws

Partners must comply with all applicable laws, including:

• BC Workers Compensation Act (WorkSafeBC coverage)
• BC Occupational Health and Safety Regulation
• BC Building Code and municipal building bylaws
• Business licensing requirements
• Environmental regulations (waste disposal, hazardous materials)
• Privacy laws (PIPEDA, BC PIPA) when handling Client information

10. Additional Terms for Clients

If you are a Client (homeowner, property manager, business) using ECG Synergy to find contractors, the following additional terms apply:

10.1 Referral Request Process

• You may submit a referral request by filling out a form on the Website or contacting us directly
• You must provide accurate information about your project (scope, timeline, budget, location)
• ECG Synergy will match you with one or more suitable Partners based on your project needs
• You are free to choose any Partner or decline all referrals—there is no obligation to hire

10.2 No Fees for Clients

ECG Synergy does not charge Clients for referral services. You may use the platform free of charge. However, you are responsible for paying the Partner directly for any work performed according to your agreement with them.

10.3 Direct Contractual Relationship with Partners

• When you hire a Partner, you enter into a direct contract with that Partner. ECG Synergy is not a party to that contract.
• You are responsible for negotiating terms, reviewing quotes and contracts, and ensuring all agreements are in writing.
• All payment, warranties, disputes, and post-completion matters are between you and the Partner.

10.4 Due Diligence

While ECG Synergy verifies Partners’ licenses, insurance, and WorkSafeBC coverage, you should:

• Independently verify credentials and references
• Obtain multiple quotes and compare options
• Review contracts carefully before signing
• Ensure proper permits are obtained and inspections are passed
• Communicate openly with your chosen Partner throughout the project

10.5 Feedback and Reviews

We encourage you to provide feedback on your experience with Partners. If you submit a review or rating, you agree that:

• Your review is honest, accurate, and based on your personal experience
• You will not post false, defamatory, or malicious content
• ECG Synergy may display your review publicly (with or without your name, at our discretion)

11. Fees and Payment Terms

11.1 Fees for Partners

Core (Paid) Partnership Fees:

• Core Partners pay a monthly or annual subscription fee for priority access to referrals and enhanced features
• Fees are described in your subscription agreement or partner dashboard
• Fees are due in advance and are non-refundable except as required by law
• ECG Synergy may change subscription fees with 30 days’ advance notice

Open (Free) Partnership:

• Open Partners do not pay subscription fees
• ECG Synergy reserves the right to introduce fees for Open Partners in the future with 60 days’ advance notice

11.2 Payment Methods

• Payments may be processed by credit card, debit card, bank transfer, or other methods we accept
• You authorize us (or our payment processor) to charge your payment method on file for all fees due
• If a payment fails, we may suspend your account until payment is received

11.3 Late Payment and Non-Payment

• If payment is not received by the due date, we may suspend your access to referrals and premium features
• Late fees may apply (as specified in your subscription agreement)
• Continued non-payment may result in termination of your partnership

11.4 Refunds and Cancellations

• Subscription fees are generally non-refundable once paid
• You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period
• No partial refunds for unused time within a billing period
• If you are terminated for violation of these Terms, no refund will be issued

11.5 Taxes

• All fees are exclusive of applicable taxes (GST, PST, HST)
• You are responsible for paying all applicable taxes
• We may collect and remit taxes as required by law

11.6 Price Changes

ECG Synergy reserves the right to change subscription fees, tier features, or introduce new fees at any time. We will provide at least 30 days’ advance notice of fee increases for existing Partners. Continued participation after the price change takes effect constitutes acceptance of the new fees.

12. Referral Process and Disclaimer

12.1 Nature of ECG Synergy’s Role

ECG Synergy operates a referral platform only. We:

• Verify Partners’ credentials (licenses, insurance, WorkSafeBC)
• Match Clients with suitable Partners based on project requirements
• Facilitate introductions between Clients and Partners

We do NOT:

• Employ, supervise, or control Partners
• Provide construction, renovation, or trade services ourselves
• Guarantee the quality, timeliness, safety, or legality of services performed by Partners
• Act as a party to contracts between Clients and Partners
• Assume liability for disputes, defects, injuries, or damages arising from Partner services

12.2 Independent Contractor Relationship

Partners are independent contractors, not employees, agents, or representatives of ECG Synergy. Each Partner:

• Operates their own business and makes their own business decisions
• Is solely responsible for the quality, safety, and legality of their work
• Is responsible for their own employees, subcontractors, taxes, insurance, and compliance with laws
• Enters into direct contracts with Clients (ECG Synergy is not a party)

12.3 No Guarantee of Quality or Outcomes

ECG Synergy does not guarantee:

• The quality, fitness for purpose, or merchantability of services provided by Partners
• That Partners will meet deadlines, stay within budget, or fulfill contractual obligations
• That work will be free from defects, errors, or safety issues
• That disputes will not arise between Clients and Partners

12.4 Verification Limitations

While we verify Partners’ licenses, insurance, and WorkSafeBC coverage at the time of application, we cannot guarantee:

• That credentials remain current or valid throughout the partnership
• That Partners comply with all laws and regulations at all times
• The accuracy of all information provided by Partners
• The quality of references or past work

Clients and Partners should independently verify information and exercise their own judgment.

12.5 Client Responsibility

Clients are responsible for:

• Conducting their own due diligence (checking references, comparing quotes, reviewing contracts)
• Ensuring contracts are in writing and clearly define scope, timelines, pricing, and warranties
• Verifying that permits are obtained and inspections are passed
• Communicating expectations and concerns to the Partner directly
• Resolving disputes with Partners (ECG Synergy may facilitate but is not responsible for resolution)

12.6 Dispute Resolution Between Clients and Partners

If a dispute arises between a Client and a Partner:

• The parties should attempt to resolve it directly through good-faith negotiation
• ECG Synergy may offer to facilitate communication or mediate informally, but we are not obligated to do so and cannot force resolution
• ECG Synergy is not liable for disputes, losses, or damages arising from the relationship between Clients and Partners
• Legal disputes must be resolved through the courts, arbitration, or other dispute resolution mechanisms as agreed between the parties

12.7 Removal from Network

ECG Synergy may suspend or remove Partners from the network if we receive credible reports of:

• Safety violations or unsafe work practices
• Fraud, misrepresentation, or dishonest billing
• Harassment, discrimination, or unprofessional conduct
• Working without valid licenses, insurance, or WorkSafeBC coverage
• Repeated complaints or poor Client feedback

However, removal of a Partner does not constitute an admission of liability by ECG Synergy or a guarantee that other Partners will not have similar issues.

13. Third-Party Links and Services

13.1 Third-Party Websites

The Website may contain links to third-party websites, including:

• Partners’ business websites and social media profiles
• Industry associations and regulatory bodies (WorkSafeBC, municipal governments)
• Payment processors and service providers
• Advertising and social media platforms

These links are provided for convenience only. ECG Synergy does not endorse, control, or assume responsibility for the content, privacy practices, or terms of service of any third-party websites or services.

13.2 Third-Party Services

We may use third-party services to operate the Website and Services, including:

• Web hosting and cloud infrastructure
• Payment processing (Stripe, PayPal, Square)
• Email marketing and transactional email services
• Analytics and advertising platforms (Google Analytics, Meta Pixel)
• Customer relationship management (CRM) tools

Your use of these third-party services may be subject to their own terms of service and privacy policies. We are not responsible for the acts or omissions of third-party service providers.

13.3 Social Media Integrations

If you interact with social media features on our Website (e.g., “Share on Facebook,” “Follow us on LinkedIn”), the social media platform may collect information about you. These interactions are governed by the privacy policies of the respective platforms.

13.4 No Warranty for Third-Party Content

ECG Synergy is not responsible for:

• The accuracy, quality, legality, or availability of third-party content or services
• Any damages or losses resulting from your use of third-party websites or services
• Changes, interruptions, or discontinuation of third-party services

You access and use third-party websites and services at your own risk.

14. Privacy and Data Protection

14.1 Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information.

By using the Website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

14.2 Compliance with Privacy Laws

ECG Synergy complies with:

• British Columbia’s Personal Information Protection Act (BC PIPA)
• Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)
• Canada’s Anti-Spam Legislation (CASL)

14.3 Your Privacy Rights

You have the right to:

• Access the personal information we hold about you
• Request correction of inaccurate information
• Withdraw consent for certain uses of your information
• Request deletion of your information (subject to legal retention requirements)

To exercise your privacy rights, contact us at info@ecgsynergy.com. For more details, see our Privacy Policy.

14.4 Confidentiality of Client Information (Partners)

Partners must keep all Client information confidential and use it only for the purpose of providing services. Partners may not:

• Share Client contact information or project details with third parties without consent
• Use Client information for marketing or solicitation beyond the initial ECG-referred project (unless the Client consents)
• Post photos or details of projects on social media or websites without the Client’s written permission

15. Electronic Communications and Consent

15.1 Consent to Electronic Communications

By using the Website or providing your email address or phone number, you consent to receive electronic communications from ECG Synergy, including:

• Transactional messages: Confirmations, updates, invoices, receipts, and service-related notifications (no consent required under CASL)
• Marketing communications: Newsletters, promotional offers, campaign updates, and service announcements (with express consent; you may unsubscribe at any time)
• Administrative messages: Changes to Terms, Privacy Policy, or account status

15.2 Compliance with CASL

ECG Synergy complies with Canada’s Anti-Spam Legislation (CASL). We will only send commercial electronic messages (CEMs) to recipients who have provided express or implied consent.

You may withdraw consent (unsubscribe) at any time by:

• Clicking the “unsubscribe” link in any marketing email
• Contacting us at info@ecgsynergy.com
• Updating your communication preferences in your account settings

We will honor opt-out requests within 10 business days.

15.3 Communication Preferences

You can manage your communication preferences by:

• Logging into your account and updating settings
• Contacting us directly

Note: Even if you opt out of marketing communications, you may still receive transactional or administrative messages necessary for the operation of your account or the Services.

16. Disclaimers and Warranty Exclusions

16.1 “As Is” and “As Available” Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, ECG SYNERGY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, “ECG SYNERGY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance
• Warranties that the Website or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components
• Warranties regarding the accuracy, reliability, or completeness of content, information, or services
• Warranties that defects will be corrected or that the Website or servers are free from viruses or other harmful components

16.2 No Warranty for Partner Services

ECG SYNERGY DOES NOT WARRANT OR GUARANTEE:

• The quality, safety, timeliness, or legality of services provided by Partners
• That Partners will meet deadlines, stay within budget, or fulfill contractual obligations
• That work will be free from defects, errors, or compliance issues
• That Partners’ credentials (licenses, insurance, WorkSafeBC) remain valid throughout the project

16.3 No Guarantee of Availability

ECG SYNERGY DOES NOT GUARANTEE:

• That the Website or Services will be available at all times or in all locations
• That the Website will be compatible with all devices, browsers, or operating systems
• That data transmission will be secure, accurate, or error-free

16.4 Third-Party Content and Services

ECG SYNERGY IS NOT RESPONSIBLE FOR:

• The accuracy, quality, legality, or availability of third-party content, websites, or services
• Any damages or losses resulting from your reliance on third-party information or services

16.5 User Content

ECG SYNERGY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR:

• User Content submitted by Clients, Partners, or other users
• The accuracy, completeness, or legality of reviews, ratings, or testimonials

16.6 No Professional Advice

INFORMATION ON THE WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE:

• Legal, financial, tax, construction, or professional advice
• Recommendations or endorsements of specific Partners, products, or services

YOU SHOULD CONSULT WITH QUALIFIED PROFESSIONALS FOR ADVICE TAILORED TO YOUR SPECIFIC SITUATION.

16.7 Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT:

• Your use of the Website and Services is at your sole risk
• You are responsible for evaluating the accuracy, completeness, and usefulness of all information
• You assume all risks associated with hiring Partners, entering into contracts, and undertaking construction or renovation projects

17. Limitation of Liability

17.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ECG SYNERGY PARTIES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business, data, use, goodwill, or other intangible losses
• Damages arising from your use or inability to use the Website or Services
• Damages arising from any conduct or content of third parties, including Partners and Clients
• Damages arising from unauthorized access to or alteration of your transmissions or data
• Damages arising from statements or conduct of any third party on the Website

EVEN IF ECG SYNERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ECG SYNERGY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:

• The total fees you paid to ECG Synergy in the 12 months preceding the claim, OR
• CAD $100

17.3 No Liability for Partner Services

ECG SYNERGY IS NOT LIABLE FOR:

• The acts, omissions, negligence, or misconduct of Partners
• Defects, delays, cost overruns, or other issues with work performed by Partners
• Injuries, property damage, or losses arising from Partner services
• Disputes between Clients and Partners
• Violations of contracts between Clients and Partners

17.4 No Liability for Third Parties

ECG SYNERGY IS NOT LIABLE FOR:

• The content, accuracy, or availability of third-party websites or services
• The acts or omissions of third-party service providers (payment processors, hosting providers, etc.)
• Security breaches or data loss caused by third parties

17.5 Basis of the Bargain

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN YOU AND ECG SYNERGY. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ECG SYNERGY.

17.6 Jurisdictions That Do Not Allow Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or certain other damages. In such jurisdictions, ECG Synergy’s liability shall be limited to the fullest extent permitted by law.

18. Indemnification

18.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless ECG Synergy Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) arising from or related to:

• Your use or misuse of the Website or Services
• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of another person or entity, including intellectual property, privacy, or publicity rights
• Any User Content you submit or transmit
• Your relationship or interactions with other users, including Clients and Partners
• Any services performed by you (if you are a Partner) or for you (if you are a Client)
• Any breach of representations or warranties you make in these Terms

18.2 Partner-Specific Indemnification

If you are a Partner, you additionally agree to indemnify ECG Synergy Parties for:

• All claims arising from your services, work performed, employees, or subcontractors
• Injuries, property damage, or losses occurring on job sites
• Violations of safety regulations, building codes, or licensing requirements
• Disputes with Clients over quality, timeliness, pricing, or warranties
• Your failure to maintain adequate insurance or WorkSafeBC coverage

18.3 Defense and Settlement

ECG Synergy reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with ECG Synergy in the defense of any such claim. You may not settle any claim without ECG Synergy’s prior written consent.

19. Dispute Resolution and Arbitration

19.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact ECG Synergy and attempt to resolve the dispute informally by sending a written notice to:

ECG Synergy Marketing & Networking Inc.
Attn: Legal Department
2271 Nicklaus Drive
Langford, BC V9B 0L2
Email: info@ecgsynergy.com

The notice must describe the nature of the dispute and the relief sought. Both parties agree to negotiate in good faith for at least 30 days before pursuing formal dispute resolution.

19.2 Binding Arbitration

If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website or Services shall be resolved by binding arbitration rather than in court, except as provided below.

Arbitration Rules:

• Arbitration will be conducted by a single arbitrator in accordance with the British Columbia Arbitration Act and the rules of the British Columbia International Commercial Arbitration Centre (BCICAC) or a similar arbitration body
• The arbitration will be held in Victoria or Langford, British Columbia, Canada, unless the parties agree otherwise
• The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction
• Each party will bear its own costs of arbitration, unless the arbitrator awards costs to the prevailing party

Exceptions:

Either party may bring a claim in small claims court if the claim qualifies for small claims court jurisdiction.

19.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR CLAIM MUST BE BROUGHT IN YOUR OR ECG SYNERGY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING.

The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, the entire arbitration agreement shall be void, and the dispute shall be resolved in court.

19.4 Equitable Relief

Notwithstanding the arbitration agreement, ECG Synergy may seek equitable relief (injunctions, restraining orders) in any court of competent jurisdiction to protect its intellectual property, confidential information, or other rights.

19.5 Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Victoria, British Columbia, Canada.

20. Termination and Suspension

20.1 Termination by You

You may terminate your account or discontinue use of the Services at any time by:

• Contacting us at info@ecgsynergy.com to request account closure
• Canceling your subscription (for Partners) through your account dashboard
• Ceasing to access or use the Website

Termination does not relieve you of any obligations incurred prior to termination (e.g., payment of outstanding fees).

20.2 Termination or Suspension by ECG Synergy

ECG Synergy may suspend or terminate your access to the Website or Services immediately, with or without notice, for any reason or no reason, including but not limited to:

• Violation of these Terms or our policies (Privacy Policy, Code of Conduct)
• Suspected fraud, illegal activity, or security threats
• Non-payment of fees (for Partners)
• Prolonged inactivity
• Conduct that harms ECG Synergy’s reputation or interests
• At our sole discretion for business or operational reasons

20.3 Effect of Termination

Upon termination or suspension:

• Your right to access and use the Website and Services immediately ceases
• We may delete or deactivate your account and all associated data (subject to legal retention requirements)
• You remain liable for all obligations incurred prior to termination (outstanding fees, indemnification obligations)
• Partners must immediately cease using ECG Synergy branding and representing themselves as ECG Synergy Partners

20.4 Survival

The following provisions survive termination of these Terms:

• Intellectual Property Rights (Section 7)
• User-Generated Content (Section 8) — license to ECG Synergy
• Fees and Payment Terms (Section 11) — outstanding fees
• Disclaimers (Section 16)
• Limitation of Liability (Section 17)
• Indemnification (Section 18)
• Dispute Resolution and Arbitration (Section 19)
• General Provisions (Section 22)

21. Force Majeure

ECG Synergy shall not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, fires, storms)
• War, terrorism, civil unrest, or government actions
• Epidemics, pandemics, or public health emergencies
• Labor disputes, strikes, or lockouts
• Internet or telecommunications failures
• Power outages or utility failures
• Acts of third-party service providers or hosting platforms

In the event of a force majeure event, ECG Synergy’s obligations under these Terms will be suspended for the duration of the event.

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements referenced herein (Code of Conduct, subscription agreements), constitute the entire agreement between you and ECG Synergy regarding the Website and Services and supersede all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral.

22.2 Amendments

ECG Synergy may amend these Terms at any time as described in Section 2. No other amendment or modification shall be effective unless in writing and signed by an authorized representative of ECG Synergy.

22.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. ECG Synergy’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

22.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ intent.

22.5 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without ECG Synergy’s prior written consent. ECG Synergy may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without your consent.

22.6 No Third-Party Beneficiaries

These Terms are for the benefit of ECG Synergy and you, and are not intended to confer any rights or remedies upon any third party (except as expressly stated in the indemnification and limitation of liability sections).

22.7 Interpretation

• Headings are for convenience only and do not affect interpretation
• “Including” means “including but not limited to”
• “Or” is not exclusive (A or B means A, B, or both)
• Singular includes plural and vice versa

22.8 Language

These Terms are written in English. If translated into another language, the English version shall prevail in the event of any conflict.

22.9 Notices

All notices to ECG Synergy under these Terms must be sent to:

ECG Synergy Marketing & Networking Inc.
2271 Nicklaus Drive
Langford, BC V9B 0L2
Email: info@ecgsynergy.com

Notices to you may be sent to the email address or physical address you provided. You agree that electronic notices satisfy any legal requirement that notices be in writing.

22.10 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and ECG Synergy. Neither party has the authority to bind the other or to incur obligations on the other’s behalf without prior written consent.

22.11 Export Control

You agree to comply with all applicable export and import control laws and regulations, including those of Canada and any other applicable jurisdiction. You represent that you are not located in, under the control of, or a national or resident of any country subject to Canadian trade embargoes or sanctions.

22.12 Electronic Signatures

Your electronic acceptance of these Terms (by clicking “I agree,” creating an account, or using the Website) constitutes your electronic signature and is legally binding. You agree that electronic signatures have the same legal effect as handwritten signatures.

23. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Services, please contact us:

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