Terms of Service

Liability Limitations

Peel Autism Services will not be held liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, or business opportunities, arising out of or related to the use of our services or failure to meet any of our obligations under this agreement. The total liability of Peel Autism Services in any event will not exceed the amount paid by the client under this agreement, even in cases of negligence, breach of contract, or tort. This limitation is an essential foundation of the pricing and agreement between the parties. The client acknowledges that this limitation is fair and reasonable considering the nature of the services provided by Peel Autism Services, and it applies to any and all claims, regardless of whether such claims are grounded in contract, warranty, negligence, strict liability, or any other legal theory.

Compliance With Laws

Both parties are required to comply with all applicable federal, provincial, and local laws, rules, and regulations in the execution of this agreement. This includes, but is not limited to, laws related to data protection, privacy, and any other industry-specific regulations that may apply. Peel Autism Services takes reasonable steps to ensure that its services comply with all legal requirements, but it is ultimately the client's responsibility to ensure their own compliance in the use of those services. Any illegal use or violation of laws by the client shall be the sole responsibility of the client.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any disputes arising out of or relating to this agreement will be resolved in the courts of Toronto, Ontario, Canada. The client agrees to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, for the resolution of any disputes under this agreement. This governing law provision ensures that both parties have a predictable and clear legal framework for resolving disputes, providing legal certainty throughout the contract's life cycle.

Termination Conditions

Either party may terminate this agreement by providing thirty (30) days' written notice to the other party. Upon termination, the client will be responsible for payment of any services rendered up until the date of termination. In the event that the client terminates the agreement before the completion of the agreed services, a cancellation fee of fifty percent (50%) of the total remaining balance for the booked services will be due immediately to Peel Autism Services, compensating for resources allocated, time reserved, and opportunity costs lost. Termination does not relieve either party from any obligations incurred before termination, and all confidentiality obligations remain in effect after termination.

Dispute Resolution

Any disputes arising from or related to this agreement will first be resolved through direct negotiation and mediation. Should these efforts fail, the parties agree to submit the dispute to binding arbitration in Toronto, Ontario, under the rules of the Arbitration Act, 1991 (Ontario), or subsequent legislation. The arbitration will be conducted in English, and the decision of the arbitrator will be final and binding on both parties. Arbitration is intended to provide a swift and efficient resolution to disputes without the time, cost, or uncertainty of litigation, preserving the confidentiality and integrity of both parties involved. In case of failure to settle the dispute through arbitration, either party may seek legal remedy in the courts of Ontario.

Confidentiality

Both parties agree to maintain strict confidentiality with respect to all sensitive information received from the other party. This confidentiality obligation includes the protection of all client and family data and personal information. Peel Autism Services will take reasonable precautions to prevent unauthorized disclosure or misuse of confidential information, including maintaining secure systems and procedures for handling sensitive data. This confidentiality obligation will remain in effect even after the termination of this agreement, safeguarding both parties' rights and interests.

No Warranties

Peel Autism Services provides its services on an 'as is' basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. While Peel Autism Services strives to deliver services of the highest quality, it does not guarantee any specific outcome. Each child's progress is individual and depends on many factors beyond our control.

Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid provision that most closely approximates the intent of the original provision, and the parties will negotiate in good faith to agree upon a suitable replacement. This ensures that the agreement remains legally binding and enforceable, even if certain provisions are invalidated by a court or other authority.

Late Payment Fee Rate

A late payment fee of ten percent (10%) per month of the outstanding balance will be applied for any payments not received by the due date. This fee is designed to cover the administrative burden, financial costs, and delays caused by late payments. Peel Autism Services requires timely payments to ensure that services are delivered without interruption and to maintain operational efficiency. Clients will receive a reminder notice 7 days before the due date, followed by a formal late payment notification if the balance remains unpaid. If an invoice remains unpaid for more than 60 days, Peel Autism Services reserves the right to suspend ongoing services until the outstanding balance is settled. In the case of non-payment extending beyond 90 days, the account may be handed over to a collections agency, and additional legal fees may apply. All clients are required to adhere to these payment terms to avoid service disruptions and maintain financial transparency.

Non Negotiable Late Fees

Late fees are non-negotiable to ensure prompt settlement of dues and maintain financial discipline. Peel Autism Services takes this stance to promote fairness across all client accounts and to avoid preferential treatment. The imposition of late fees is critical in covering the increased operational costs incurred by delayed payments, such as cash flow shortages and administrative delays. Clients are expected to settle any outstanding balances, including late fees, in full before the reinstatement of any suspended services. Should a client fail to adhere to these terms, Peel Autism Services reserves the right to escalate the matter legally, including the initiation of collections proceedings. This policy is designed to protect the practice from financial harm caused by delinquent accounts.

Ongoing Service Cancellation

Cancellation of ongoing services requires sixty (60) days' written notice from either party, allowing time for an orderly transition of care. Upon cancellation, Peel Autism Services will cease all ongoing services on the agreed-upon termination date. Any fees or invoices outstanding at the time of cancellation must be settled in full prior to the termination date to avoid legal or financial disputes. Peel Autism Services will provide reasonable assistance during the transition period, including access to care records, but some requests may incur additional fees. Failure to provide 60 days' notice will result in the client being liable for the fees for the next service period. This policy ensures a fair and structured process for service termination, complying with Ontario's Consumer Protection Act, ensuring fairness and clarity for all parties.

Ongoing Service Adjustment

Any adjustments to the terms, conditions, or fees for ongoing services require sixty (60) days' notice from Peel Autism Services to the client. This notice will outline the reasons for the adjustment, the scope of the change, and how it impacts the current service agreement. Clients will have the opportunity to review and agree to the adjustments, or, if they choose, they may terminate the service before the adjustment takes effect by providing written notice within 30 days of receiving the adjustment notice. Failure to respond or terminate will result in the acceptance of the new terms and conditions. This clause ensures that service agreements remain flexible and responsive to both market changes and the client's evolving needs, while maintaining compliance with consumer protection regulations in Ontario.

Payment Timeliness

Timely payment is crucial to avoid service disruption. The client must ensure that all payments are made before or on the due date specified in the service agreement. Late payments may incur additional fees, including but not limited to interest, late payment penalties, and administrative fees, as outlined in the agreement. Peel Autism Services reserves the right to suspend or permanently terminate services if payments are not received within the grace period provided. The client will be notified of any pending suspension, but Peel Autism Services is not responsible for losses incurred due to suspension or termination of services.

Legal Compliance

Peel Autism Services is fully compliant with all applicable data protection laws and regulations, including the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada and other relevant privacy frameworks. We ensure that all data collection, processing, and storage practices adhere to the principles of legality, transparency, and fairness. Peel Autism Services regularly reviews its practices and updates them to reflect changes in the law or business practices.

Changes to Terms

Peel Autism Services reserves the right to update or modify these terms at any time to reflect changes in our business practices or legal requirements. Any updates will be posted on this page with a 'Last Updated' date to inform clients of the modifications. We encourage clients to review this page periodically. Continued use of our services following any changes to these terms will be considered acceptance of those changes. Clients who do not agree with the updated terms must discontinue use of our services and may contact us to address any concerns.

Questions about this policy? Contact us at info@peelautismservices.ca.