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MASTER TERMS OF USE

Effective Date: April 6, 2026 Jurisdiction: Province of Ontario, Canada

1. DEFINITIONS AND PARTIES

  • “The Company” or “Delvern”:Refers to Delvern Service Group Inc., its directors, and authorized administrative agents.
  • “The Client”:Refers to the property owner, manager, or authorized agent (18+) engaging the Company’s services.
  • “Service Professional”:Refers to the third-party independent contractor or trade entity matched via the Platform.
  • “The Platform”:Refers to the website (delvern.ca), the Voice AI intake system, and all digital dispatch infrastructure owned by the Company.
  • “On-Site”:Refers to the physical location in the Greater Toronto Area (GTA) where service is requested or performed.
  • “Proactive Service Coordination”:Refers to the Company’s administrative role in verifying credentials, managing dispatch, and providing mediation.

2. INDEPENDENT CONTRACTOR STATUS (THE "NO-EMPLOYER" SHIELD)

  • Delvern is a technology-enabled service broker.
  • The Client acknowledges that Service Professionals are independent contractors and not employees, partners, or agents of Delvern.
  • Delvern does not direct the specific “means and methods” of the trade work performed On-Site.
  • The contract for the physical repair or installation is strictly between the Client and the Service Professional.

3. SCOPE OF PROACTIVE COORDINATION

  • Delvern’s responsibilities are limited to verifying that Service Professionals hold valid provincial trade licenses and active liability insurance at the time of onboarding.
  • The Company automates the dispatch and scheduling flow to ensure timely arrival and provides a transparent billing and status-update interface.

4. FEES, CANCELLATIONS, AND NO-SHOW SURCHARGES

  • Managed Dispatch Fee:A non-refundable fee of $79.00 (+HST) is charged for the “Proactive Coordination” and dispatch of a verified professional.
  • Minimum Labor Floor:Every On-Site visit carries a minimum diagnostic and labor charge of $199.00 (+HST) for the first sixty (60) minutes of work.
  • Age Requirement & Entry Protocol:To ensure safety and legal compliance, an adult of legal age (18+) must be present at the property for the duration of the service visit. Service Professionals are strictly prohibited from entering a home if no person of legal age is present.
  • Late Cancellation Fee:Cancellations made more than 15 minutes after booking result in the forfeiture of the $79.00 Dispatch Fee.
  • Client No-Show Surcharge:If the technician arrives and cannot gain access, or is denied entry because a legal adult (18+) is not present, the $79.00 fee is forfeited and a $50.00 No-Show Surcharge will be applied to the Client’s account to compensate the professional for travel and lost time.

5. ESTIMATES AND PROJECT COSTS

  • Any price provided via the Platform is a preliminary estimate.
  • Final project costs are determined On-Site by the Service Professional based on actual conditions.

6. DISPUTE RESOLUTION PORTAL & MEDIATION

  • In the event of a “Disagreement with Diagnosis” or quality concern, the Client must file a report through the Delvern Resolution Portal within 48 hours of service.
  • The Client allows Delvern to review Voice AI transcripts and GPS logs to reach a neutral determination.
  • Delvern’s mediation is limited to the coordination fee and does not extend to the full cost of independent trade labor.

7. INTELLECTUAL PROPERTY & NON-SOLICITATION

  • All logos, “Proactive Coordination” workflows, and site content are protected by Canadian copyright laws.
  • Clients are strictly prohibited from soliciting Service Professionals for “off-platform” work.
  • Engaging a Delvern-vetted professional outside the Platform constitutes a breach of these terms.

8. COMPREHENSIVE LIMITATION OF LIABILITY

  • To the maximum extent permitted by the laws of Ontario, Delvern shall not be liable for any indirect, punitive, or consequential damages.
  • Delvern is not responsible for property damage, delays, or personal injury resulting from the work of a Service Professional.
  • Aggregate liability shall not exceed the total amount paid by the Client to the Company for the specific coordination request.

9. INDEMNIFICATION

The Client agrees to indemnify and hold harmless Delvern from any third-party claims, losses, or legal fees resulting from the Client’s breach of these terms, or any hazardous conditions present On-Site that lead to injury of a Service Professional.

10. SEVERABILITY (THE "ENFORCEABILITY" GUARANTEE)

  • If any part, term, or provision of this document is deemed by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of any other part of these Terms.
  • All remaining provisions shall remain in full force and effect as if the invalid portion had never been included.

11. ENTIRE AGREEMENT

  • These Terms of Use, along with the Privacy Policy and the specific Service Request confirmation, constitute the entire agreement between the Client and Delvern Service Group Inc.
  • Any legal proceedings shall be brought exclusively in the courts located in the City of Toronto.

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