Last updated: [Month DD, YYYY]
1. Agreement to Terms
These Terms & Conditions (“Terms”) govern your access to and use of StrongCon Inc.’s websites, portals, communications, field services, and related materials (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you are a developer or builder entering into a master services agreement (“MSA”) with StrongCon, the MSA controls to the extent of any conflict.
2. Parties & Roles
2.1 Developer/Builder (“Client”) engages StrongCon to provide customer-care programs, deficiency management, communications and related services for specific projects.
2.2 Homeowners/Occupants (“Residents”) receive support from StrongCon as an agent of the Client, subject to applicable warranty coverage and building rules. StrongCon is not a party to the Agreement of Purchase and Sale (APS) between Client and Resident.
3. Scope of Services
StrongCon delivers program design and field execution including (a) pre-delivery inspection (PDI) support, (b) occupancy communications, (c) deficiency triage and coordination, (d) rapid-response handyman services for minor items, (e) escalation to base trades for specialty items, and (f) warranty administration support, including documentation for Tarion submissions and technical audits. StrongCon does not provide legal, engineering, tax, or financial advice.
4. Service Standards & Response Commitments (SSRCs)
StrongCon operates to published SSRCs for acknowledgement, attendance, escalation and evidence of closure. SSRCs are targets—not guarantees—and may be adjusted for health/safety conditions, parts availability, Resident access, property-management restrictions, regulatory requirements, or events beyond reasonable control (see §15).
5. Tarion & Regulatory Responsibilities
Client remains solely responsible for compliance with Tarion, HCRA, condominium and municipal requirements. StrongCon supports documentation and process execution under Client direction; StrongCon does not assume statutory builder obligations. Nothing in these Terms limits any Resident rights under Tarion.
6. Pricing, Invoicing & Payment
Fees are set forth in the applicable SOW/MSA or project proposal (time & materials, fixed fee, or program retainer). Unless otherwise stated, invoices are due net 30 days. Late amounts may bear interest at 1.0% per month (12% per annum) or the maximum permitted by law.
7. Appointments, Access & Rescheduling
Client or Residents must provide safe, lawful access to suites and common areas. Please provide 24 hours’ notice for changes or access issues. Missed or unsafe appointments may be rebooked at the next available window and may incur reasonable re-dispatch charges if set out in the MSA.
8. Third-Party Trades & Vendors
Where specialty work is required, StrongCon coordinates with Client-approved trades. Those trades are independent contractors and remain responsible for their work, warranties, licensing and insurance. StrongCon is not liable for acts or omissions of third-party vendors.
9. Portals, Accounts & Acceptable Use
You may need an account to use certain features. Keep credentials confidential and use the Services only for lawful, project-related purposes. Do not upload unlawful, harmful, or infringing content; do not attempt to bypass security or reverse engineer our systems.
10. Content & Intellectual Property
StrongCon owns all rights in its platforms, checklists, templates, reports, dashboards, text, graphics and training materials (“StrongCon Materials”). Client receives a non-exclusive, non-transferable license to use StrongCon Materials internally for the project term. All other rights are reserved.
11. Data, Privacy & Security
We collect and process limited personal information necessary to deliver Services (e.g., contact details, unit numbers, photos, timestamps, signatures). Processing is subject to our Privacy Policy, incorporated by reference. StrongCon uses reasonable administrative, technical, and physical safeguards; however, no system is perfectly secure.
12. Communications Consent
By using the Services, you consent to receive operational emails/SMS related to scheduling, updates, and confirmations. You may opt out of non-essential messages at any time; transactional notices will still be sent where required to deliver service.
13. Disclaimers
Except as expressly set out in an MSA, Services are provided “as is.” StrongCon makes no warranties (express or implied) regarding uninterrupted operation, error-free performance, merchantability, fitness for a particular purpose, or non-infringement. StrongCon does not control utility activations, municipal inspections, elevator bookings, weather events, labour actions, or other third-party dependencies.
14. Limitation of Liability
To the maximum extent permitted by law, StrongCon’s total liability arising out of or related to the Services will not exceed the fees paid to StrongCon for the specific SOW giving rise to the claim in the 6 months preceding the event. StrongCon will not be liable for any indirect, consequential, special, incidental, exemplary or punitive damages, or for loss of profits, goodwill, data or business interruption.
15. Force Majeure
StrongCon is not responsible for delays or failure to perform due to events beyond reasonable control, including acts of God, extreme weather, strikes, lockouts, epidemics, supply chain failures, utility outages, regulatory delays, or third-party platform failures. Performance timelines will be extended for the duration of such events.
16. Indemnity
Client agrees to indemnify and hold harmless StrongCon against claims, damages, costs and expenses arising from (a) Client’s breach of these Terms or an MSA, (b) instructions provided by Client, (c) unsafe site conditions not created by StrongCon, or (d) third-party claims relating to Client’s products, contracts or properties.
17. Governing Law; Dispute Resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties will attempt good-faith resolution at the project-lead/executive level before litigation. Subject to mandatory law, the courts of Toronto, Ontario have exclusive jurisdiction. Nothing limits Resident rights under Tarion.
18. Accessibility
StrongCon aims to provide Services in accordance with the Accessibility for Ontarians with Disabilities Act (AODA). Accommodation requests can be made through the contact details below.
19. Changes to Terms
We may update these Terms from time to time. Changes are effective upon posting with a revised “Last updated” date. Continued use of the Services after changes constitutes acceptance.
These Terms summarize how StrongCon delivers service on a developer’s behalf. They don’t replace Tarion rights or the builder’s obligations. Please review with your counsel before relying on them.
