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STANDARD TERMS & CONDITIONS

BINDING AGREEMENT BY APPROVAL OF ESTIMATE

Version 1.0 - Effective Date: Feb 2, 2026

 

 

These Standard Terms and Conditions govern all professional services provided by Skyline Designs Inc. (“Skyline”).

By approving any estimate, proposal, or quotation issued by Skyline, the client (“Client”) confirms that they have reviewed and agree to be bound by these Standard Terms and Conditions, which together with the approved estimate constitute a legally binding agreement.

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SCHEDULE “A”

 

TERMS AND CONDITIONS

 

These terms and conditions form a part of the Offer for Services by Skyline and the subsequent Agreement between Skyline and Client (collectively, the “Parties” or either individually as a “Party”) following Client’s acceptance of the Offer for Services, and as such, part of the legally binding agreement between the Parties.

 

1.0       SERVICES

 

  1. The Parties agree that Skyline shall provide the Services to Client as outlined in the estimate provided.

 

2.0       TERM

 

2.1       The term of this Agreement (the “Term”) shall be from the date Client approved the estimate and shall remain in effect until either the Services have been completed by Skyline or this Agreement is terminated pursuant to Section 4.0, whichever is earlier.

 

3.0       COMPENSATION

 

3.1       In exchange for the Services, Client agrees to pay Skyline the Compensation (described in the estimate sent). Unless otherwise stated in the estimate, Client shall pay a non-refundable deposit prior to commencement of services. Any services not expressly included in the approved estimate constitute additional services and may require a revised estimate or additional compensation.

 

3.2       Skyline shall send Client one or more invoices for the Services.  Each invoice issued by Skyline to Client must be paid in full within ten (10) days of the date of such invoice without holdback.

 

3.3       Skyline shall deliver the final electronic drawing package pursuant to the Services after the Compensation is paid in full.  Where Client fails to pay the Compensation for any reason Skyline shall be under no obligation to provide the Services or any drawing packages/plans contemplated herein. Client is able to view the drawing package with a ‘not for construction’ watermark applied prior to paying.

 

3.4       Interest at a rate of 1.5% per month (or 18% per annum) will be charged on all overdue amounts owing on each invoice not paid as provided herein.

 

4.0       TERMINATION

 

4.1       This Agreement may be terminated:

 

       a.  At any time on the written agreement of both Parties;

 

       b. At any time by Skyline, following both delivery of written notice by Skyline of its desire to terminate              this Agreement pursuant to this provision; and

 

       c.  At any time by Client, following both delivery of written notice by Client of its desire to terminate                   this Agreement pursuant to this provision.

 

       d. Upon termination, Skyline shall have no obligation to continue providing services beyond the date of               termination.

 

4.2       Where this Agreement is terminated pursuant to Section 4.1 herein Skyline shall issue an invoice for the Services provided up to and including the date of termination of this Agreement and Client shall pay all monies owing pursuant to such invoice within ten (10) days of the date of such invoice without holdback. 

 

5.0       INTELLECTUAL PROPERTY

 

5.1       For the purposes of this Section 5.0, “Intellectual Property” means any intellectual property recognized by law, including, without limiting the generality of the foregoing, patents, copyrights, trade-marks, and industrial designs, and all intangible rights or privileges of a nature similar to any of the foregoing, whether registered or not;

 

5.2       Upon full payment of all fees owing, Client is granted ownership of the final drawing packages/plans prepared specifically for the approved project and location.

Skyline retains all rights to its standard details, templates, design systems, methodologies, and intellectual property not created specifically for the approved project.

 

 

5.3       Skyline shall retain all right, title, and interest in:

 

  1. all Intellectual Property created or owned or held by Skyline prior to this Agreement and prior to the provision of the Services;

 

  1. all Intellectual Property created or owned or held by Skyline other than the drawing packages/plans delivered by Skyline to Client as part of the Services;

 

  1. all trade-marks included the drawing packages/plans delivered by Skyline to Client as part of the Services.

 

5.4       Skyline does not waive any moral rights in any of its Intellectual Property pursuant to the Copyright Act (Canada).

 

6.0       LIMITATION OF LIABILITY & DISCLAIMERS

 

6.1       SKYLINE’S SOLE RESPONSIBILITY UNDER THIS AGREEMENT WILL BE LIMITED TO USING ITS COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY DEFICIENCIES IN THE SERVICES, OR, IF SKYLINE DETERMINES THAT SUCH CORRECTION IS COMMERCIALLY IMPRACTICABLE, TO PROVIDE A REFUND TO CLIENT FOR THE AFFECTED PORTION OF THE SERVICE, AND SUCH CORRECTION OR REFUND SHALL CONSTITUTE CLIENT’S SOLE AND EXCLUSIVE REMEDY AND SKYLINE’S SOLE LIABILITY FOR ANY ERROR OR DEFECT IN THE SERVICE.

 

6.2       IN NO EVENT SHALL SKYLINE BE LIABLE TO CLIENT OR ANY OTHER PERSON IN RELATION TO THE SERVICES OR ANY MATTER IN RELATION TO THIS AGREEMENT, WHETHER DUE TO BREACH OF CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, THIRD PARTY CLAIMS, LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF ANTICIPATED BUSINESS, SUFFERED OR INCURRED BY CLIENT OR ANY OTHER PERSON, EVEN IF THEY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES, AND WHETHER OR NOT SUCH DAMAGES WERE REASONABLY FORESEEABLE, PROVIDED HOWEVER THAT THIS LIMITATION DOES NOT APPLY TO CLAIMS RELATING TO SKYLINE'S FRAUD, RECKLESS OR INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE. 

 

6.3       IN NO EVENT SHALL SKYLINE'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS IN RELATION TO THE SERVICES OR ANY MATTER IN RELATION TO THIS AGREEMENT EXCEED THE MONIES ACTUALLY PAID BY CLIENT TO SKYLINE PURSUANT TO THIS AGREEMENT.

 

6.4       THE GENERAL CONTRACTOR FOR THE PARTICULAR PROJECT SHALL BE SOLELY RESPONSIBLE FOR:

 

  1. IN ADDITION TO ALL CONSTRUCTION PRACTICES; AND

 

  1. THE DRAWING PACKAGES/PLANS PROVIDED BY SKYLINE AS PART OF THE SERVICES ONCE SUCH DRAWING PACKAGES/PLANS ARE PROVIDED BY SKYLINE TO CLIENT AND SUCH GENERAL CONTARCTOR (OR ANOTHER PERSON) RELIES ON SUCH DRAWING PACKAGES/PLANS FOR CONSTRUCTION.

 

6.5       THE PARTIES AGREE THAT THE INTENT OF THE DRAWING PACKAGES/PLANS PROVIDED BY SKYLINE AS PART OF THE SERVICES IS TO SHOW THE GENERAL NATURE OF THE SCOPE OF THE RELATED CONSTRUCTION/DEMOLITION WORK, DIMENSIONS IN DRAWING PACKAGES/PLANS ARE TO BE USED AS GUIDELINES ONLY, AND CLIENT OR ITS GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR:

 

  1. VERIFYING EXISTING CONDITIONS ON-SITE PRIOR TO ANY CONSTRUCTION/DEMOLITION WORK;

 

  1. NOTIFYING SKYLINE OF ANY DISCREPANCIES OR PROBLEMS WITH THE DRAWING PACKAGES/PLANS;

 

  1. COORDINATING AND VERIFYING ALL ITEMS TO BE SALVAGED PRIOR TO DEMOLITION (AS APPLICABLE);

 

  1. TAKING ALL NECESSARY STEPS TO PREVENT ANY DAMAGE TO EXISTING CONSTRUCTION THAT IS TO REMAIN (AS APPLICABLE);

 

  1. CONFIRMING ALL DIMENSIONS AND SQUARE ON-SITE PRIOR TO CONSTRUCTION (AND MAKING ALL ADJUSTMENTS AS REQUIRED TO SUIT CIRCUMSTANCES);

 

  1. CONFIRMING AND APPROVING THE DESIGN SHOWN IN THE DRAWINGS PRIOR TO CONSTRUCTION.

 

  1. CONFIRMING ALL EXISTING CONSTRUCTION ASSEMBLIES; AND

 

  1. ALL EXISTING ROOF SLOPES, HEEL HEIGHTS, AND OVERHANGS PRIOR TO ORDERING THE ROOF SYSTEM.

 

6.6       SKYLINE HAS NO KNOWLEDGE OF AND SHALL NOT IN ANY WAY BE HELD RESPONSIBLE OR LIABLE FOR ANY ASBESTOS OR OTHER HAZARDOUS MATERIAL ON-SITE.

 

6.7       FOUNDATIONS AND FOOTINGS ARE DESIGNED AS PER RECOMMENDATIONS IN THE CURRENT VERSION OF THE NATIONAL BUILDING CODE OF CANADA. IF SOIL CONDITIONS DIFFER ON SITE IT IS RECOMMENDED TO OBTAIN A GEOTECHNICAL REPORT.

 

6.8       SKYLINE WILL NOT BE HELD RESPONSIBLE FOR ROOF TRUSS AND FLOOR JOIST PACKAGES. ANY ERRORS OR DESCREPENCIES NOT REPORTED TO SKYLINE PRIOR TO FABRICATION ARE THE RESPONSIBILITY OF THE MANUFACTURER AND GENERAL CONTRACTOR.

 

6.9       NO THIRD PARTY MAY RELY ON THE SERVICES OR DRAWING PACKAGES UNLESS EXPRESSLY AUTHORIZED IN WRITING BY SKYLINE.

 

7.0       GENERAL

 

7.1       Relationship Between Parties. Skyline is providing the Services pursuant to this Agreement as an independent contractor of the Client, and not as an agent or employee of the Client.  Moreover, nothing in this Agreement shall be construed as constituting, or have the effect of constituting, any other relationship between the Parties, including one of partnership or joint venture. Neither Party shall have the right to contract in the name of the other Party, or in their joint names, or to act as agent of the other Party.

 

7.2       Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all other prior agreements, representations, warranties, statements, promises, information, arrangements, and understandings, whether oral or written, express or implied, with respect to the subject matter hereof.  Without limiting the generality of the foregoing, this Agreement supersedes and replaces any confidentiality agreement between the Parties, but only to the extent that such confidentiality agreement relates to the Services.

 

7.3       Assignment. No Party may assign, transfer, or otherwise dispose of all or any part of its rights or obligations hereunder or interest herein without the prior written consent of the other Party, which consent may be unreasonably withheld.

 

7.4       Waiver. Failure by either Party to exercise any of its rights, powers, or remedies hereunder or its delay to do so shall not constitute a waiver of those rights, powers, or remedies.  No Party shall be deemed to have waived the exercise of any right, power, or remedy unless such waiver is made in writing.

 

7.5       Enurement. This Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, administrators, personal representatives, successors, and assigns.

 

7.6       Governing Laws & Choice of Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, and each Party irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Saskatchewan.

 

7.7       Severability. In the event that any provision of this Agreement, as amended from time to time, is deemed invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining terms and provisions of this Agreement remain in full force and effect.

 

7.8       Survival. All provisions of this Agreement which expressly or by their nature survive the termination of this Agreement shall continue in full force and effect after any termination of this Agreement.

 

7.9       Amendments. Amendments may be made by written agreement, including approval of a revised estimate.

 

7.10     Rights Cumulative. Unless otherwise expressly provided in this Agreement, each Party's rights and remedies specified in this Agreement are cumulative and are not exclusive of any other rights or remedies that a Party has otherwise.

 

7.11     Time of the Essence. Time shall be of this essence in this Agreement.

 

7.12     Confidentiality. Skyline, in the course of its duties, may have access to financial, accounting, statistical, and personal data of private individuals and employees of Client. Skyline covenants that all data, documents, discussion, or other information developed or received by Skyline or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Skyline without written authorization by Client. Client shall grant such authorization if disclosure is required by law.  Upon request, all Client data shall be returned to Client upon the termination of this Agreement. Skyline’s covenant under this Section 7.12 shall survive the termination of this Agreement.

 

7.13     Liability Insurance. Skyline shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Skyline, its employees, agents, representatives, or subcontractors.

 

7.14     Further Assurances. Each Party shall execute any further agreement or document as is reasonably required by the other Party or contemplated by this Agreement, to permit full compliance with this Agreement.

 

7.15     Notices. All notices or other communications required or permitted under this Agreement shall be in writing and delivered by email to the email address most recently provided by the receiving party.

 

Notices shall be deemed received on the earlier of:

  • the date confirmation of delivery is received; or

  • one (1) business day after the email is sent, provided no delivery failure notice is received.

 

For the purposes of notice:

 

Client:
The email address provided by Client in connection with the approved estimate or subsequent correspondence.

 

Skyline:
info@skylinedesigns.ca
(or such other email address as Skyline may designate by written notice)

 

 

7.16     Independent Legal Advice. Each of the Parties hereto, by their execution of this Agreement, acknowledge that such Party has carefully read and fully understands the terms of this Agreement and has had the opportunity to obtain independent legal advice with respect to this Agreement. The Parties further agree that this Agreement was negotiated fairly between them and at arm’s length, and that the final terms of this Agreement are the product of the Parties’ negotiations.  The Parties agree that this Agreement shall be deemed to have been jointly and equally drafted by each of them, and that the provisions of this Agreement therefore should not be construed against any Party on the grounds that such Party drafted, or was more responsible for drafting, any of the provisions hereof.

 

7.17     Responsibility for Own Costs. Each Party shall be responsible to pay its own costs for the preparation and negotiation of this Agreement and, except as otherwise specifically provided herein, each Party shall be responsible for its own legal costs during the term of this Agreement.

 

7.18     Counterparts. This Agreement may be executed in several counterparts and may be signed by any means of electronic communication producing a printed copy, each of which, when so executed, shall be deemed to be an original; such counterparts together shall constitute but one and the same instrument and, notwithstanding the date of execution, shall be deemed to bear the date first written above.

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8.0      SMS Communications

By opting in to receive text messages from Skyline Designs Inc., you agree to receive informational SMS messages regarding project updates, appointment reminders, scheduling, account notifications, and other business-related communications.

Message frequency varies. Message and data rates may apply.

For assistance, reply HELP or email us at info@skylinedesigns.ca.

You may opt out of receiving text messages at any time by replying STOP.

Consent to receive SMS messages is not a condition of purchasing our services.

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