E2 Terms of Service & Privacy From E2.associates at September 2019 Terms of Service (& Code of Conduct) Last Updated October 1, 2019 By using the pages in this site, or the services of KR Evans 2 Design Group Ltd O/A E2 + Associates (E2 + Associates), you agree to these terms and conditions. CODE OF PROFESSIONAL CONDUCT When you commission work from E2 + Associates, you can be assured of devotion to high professional standards and best practices. Trust We regard as confidential all information obtained about the affairs, technical methods or any other matters pertaining to the client’s business. We respect the interests of our clients insofar as it is consistent with the public welfare and our code of professional conduct. We create value in everything we do. Every hour committed to project work is one that creates value for our clients. Our staff do not have any obligation to generate minimum billable hours in any given period. We work for you. We don’t accept payment from any outside party in connection with a client’s work – unless agreed by the client. We take seriously and will investigate any allegation of professional misconduct or client concerns regarding project work. Care We bill fairly. We charge an appropriate fee for services and where possible we try to ensure that client’s receive written proposals, estimates or budgets for work commissioned. We will not engage or associate with any statement or information that contains false or misleading information. We stand behind all of our work and will take corrective action immediately at no cost to our clients when errors or omissions occur. Knowledge Every member of our team is both qualified, trained and resourced to perform at or above accepted industry standards; We learn and grow. We perform research and ongoing professional development to ensure that our knowledge stays at the leading edge. We perform work based on adequate research and preparation. Professional Conduct We collaborate. We will not attempt to displace a competing member consultant after that member has been engaged by the client. We do not act maliciously or falsely injure the professional reputation, prospects or practices of another consultant. We do not engage in any method of obtaining business that in any manner reflects poorly on the public image of the profession. PAYMENT TERMS Retainers – All new client accounts and projects with quarterly billing in excess of $5,000 are subject to a retainer equal to the greater of 50% of the estimated total quarterly billing amount or CDN$2500. Professional Services – All professional services fees are provided on the basis of Net 30 day payment terms unless special arrangements have been made. Accounts in arrears may be subject to temporary suspension of access to services provided by E2 + Associates. Direct expenses – Unless specifically described in writing, any fee estimates provided are for labour costs only and do not include expenses or other project related costs. Direct expenses for any form of materials, production & distribution are passed through directly without markup. Large expenses may require direct handling by client. Mileage – Unless specifically excluded, all professional services work may be subject to mileage costs equal to recovery of direct travel expenses (such as airfare or car rental) or the currently published CRA rate per kilometer. Mileage is generally assessed in addition to hourly fees. Late Charges & Collection Costs – Overdue amounts will be assessed a late payment charge that will be compounded at a monthly rate of 2% or the maximum provided by law, whichever is less. There is a minimum late payment charge of ten dollars ($10.00). In the event of a failure to pay the billed amount when due, we reserve the right to terminate all services and retain all sums paid. In addition, you agree to pay all collection costs incurred by us including, but not limited to, collection agency fees, reasonable attorneys' fees and court costs. At our option, the entire amount due shall become due and payable upon any breach of any term, provision or condition of these terms. Standard Rate Schedule Unless fixed billing has been arranged, all work conducted by E2 + Associates will be subject to our standard rate schedule. GENERAL TERMS Good faith efforts – E2 + Associates will use its experience & good faith efforts to complete the services described in any Estimate, Work Order and/or Proposal Document. Due to the nature of the work, we do not guarantee that such services can be completed within the allotted hours set forth, or within the estimate timelines provided. Indemnification Our clients agree to indemnify E2 + Associates and hold harmless from all losses, expenses and all manner of actions, claims and judgments sustained by or made against us in connection with the use of our services, any products, software or tools used. Limitations E2 + Associates will not be liable for indirect, incidental, special, consequential or punitive damages; or for loss of profits, revenue, or data; whether in an action in contract, tort, product liability, strict liability, statute or otherwise, even if advised of the possibility of those damages with respect to any information, service or software. Our entire liability for any claim in connection with any service shall be limited to the actual direct damages not to exceed the total amount paid to us for the service that gave rise to the claim in the 12-month period immediately preceding the date of the claim. RESTRICTIONS ON USE Material from www.e2.associates and any other Internet Web site owned, operated, licensed, or controlled by KR Evans 2 Design Group Ltd. or any of its related or affiliated companies (together, "E2 + Associates") may not be copied or distributed, or published, uploaded, posted, or transmitted in any way, without the prior written consent of E2 + Associates, EXCEPT: you may download one copy of the material on one computer for your personal use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates E2 + Associates intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by E2 + Associates, or the original copyright holder. Neither title nor intellectual property rights are transferred to you, but remain with E2 + Associates, or the original copyright holder, who owns full and complete title. You may not resell, compile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. SUBMISSIONS All remarks or suggestions communicated to E2 + Associates through this site or any other owned or operated by E2 + Associates (together, the "Submission") will forever be the property of E2 + Associates. E2 + Associates will not be required to treat any such Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future E2 + Associates operations. Without limitation, E2 + Associates will have exclusive ownership of all present and future existing rights to the Submission. E2 + Associates will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not E2 + Associates have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. RESTRICTION OF LIABILITY E2 + Associates will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. E2 + Associates will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence on E2 + Associates or an authorized E2 + Associates representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. E2 + Associates total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site. JURISDICTION Except as described otherwise, all materials in the E2 + Associates site are made available only to provide information about E2 + Associates. E2 + Associates controls and operates this site from its headquarters in Calgary, AB CANADA and makes no representation that these materials are appropriate or available for use in other locations. DISCLAIMER The material in this site could include technical inaccuracies or typographical errors. E2 + Associates may make changes or improvements at any time. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law, E2 + Associates disclaims all warranties or merchantability and fitness for a particular purpose. E2 + Associates does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. E2 + Associates does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not E2 + Associates) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. TERMINATION E2 + Associates or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all E2 + Associates sites, and (b) all related documentation and all copies and installations (together, the "Materials"). E2 + Associates may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. MISCELLANEOUS These Terms and Conditions will be governed and be interpreted pursuant to the laws of Canada barring any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the use of this site. E2 + Associates can revise these Terms and Conditions at any time by updating this posting. E2 + Associates products and services are available in many parts of the world. However, the E2 + Associates site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by E2 + Associates. E2 + Associates is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by E2 + Associates of the sites. TRADEMARK INFORMATION The following trademarks used herein are owned by KR Evans 2 Design Ltd. and its affiliates: E2 + Associates™. All other trademarks are the property of the respective trademark owners.