Terms of Service

1. Nature of the Service

Craft Deck and Fence provides an online service designed to connect homeowners and other prospective customers seeking deck, fence, and related outdoor construction services with contractors who may be interested in completing those projects.

Services may include:

• receiving deck and fence project inquiries;
• collecting project information;
• discussing project requirements;
• assisting with preliminary project planning;
• providing general information;
• communicating with prospective customers;
• referring or transferring project opportunities to contractors; and
• facilitating introductions between prospective customers and contractors.

Submitting information through this website does not guarantee that a contractor will accept, quote, schedule, or complete a project.

2. Contractor Referral and Lead Service

Craft Deck and Fence may share, transfer, refer, license, or sell project leads and associated customer information to independent contractors or service providers who may contact the customer regarding the requested project.

A project lead may include information supplied through the website or during subsequent communications, including the customer's name, telephone number, email address, project address or general location, requested services, project description, measurements, photographs, desired materials, approximate budget, preferred timing, and other information relevant to the project.

By submitting a project or quote request, the user acknowledges that information relating to the request may be provided to one or more contractors for the purpose of evaluating, discussing, quoting, scheduling, or potentially completing the requested project, subject to applicable privacy and consent requirements.

3. Independent Contractors

Unless expressly stated otherwise in a written agreement, contractors receiving referrals through Craft Deck and Fence operate as independent businesses.

A contractor is not an employee, partner, agent, representative, or joint venture partner of Craft Deck and Fence merely because a project was referred through the website.

Contractors may establish their own pricing, availability, methods, materials, warranties, payment terms, schedules, insurance arrangements, and contractual terms.

Customers should carefully review the identity, qualifications, insurance, proposed scope of work, warranties, permits, pricing, and written agreement of any contractor before authorizing work.

4. Contracts for Construction Work

Submitting a quote request through the website does not itself create a construction contract.

Any agreement for actual construction, installation, repair, demolition, design, or related work should identify the party responsible for performing that work.

Unless a separate written agreement specifically identifies Craft Deck and Fence as the contracting party responsible for performing particular construction services, the agreement for the project may be between the customer and the independent contractor selected to perform the work.

Customers are responsible for reviewing the applicable project contract before signing it.

5. Estimates and Quotes

Information, pricing ranges, estimates, preliminary discussions, or other information provided through the website are for informational purposes unless expressly incorporated into a binding written agreement.

Actual project pricing may depend on factors including:

• measurements and site conditions;
• materials;
• labour requirements;
• demolition and disposal;
• excavation;
• soil and grading conditions;
• access to the property;
• utility locations;
• engineering requirements;
• permits and inspections;
• property boundaries;
• design changes;
• unforeseen conditions; and
• additional work requested by the customer.

Any legally binding estimate or construction price is subject to the written agreement governing the applicable project and applicable Ontario law.

6. Customer Information

Users agree to provide information that is reasonably accurate and current when requesting a quote or submitting a project.

Craft Deck and Fence may rely on information provided by the customer when communicating with contractors.

The customer is responsible for identifying relevant property conditions or restrictions that may affect the project.

7. Permits, Property Lines, Utilities and Approvals

Responsibility for permits, zoning compliance, property surveys, property boundaries, utility locates, condominium approvals, municipal approvals, engineering requirements, and other permissions should be established in the written project agreement between the customer and the contractor.

Customers should not assume that Craft Deck and Fence is responsible for obtaining a permit, survey, approval, or utility locate unless a written agreement expressly states that Craft Deck and Fence has accepted that responsibility.

8. Contractor Selection

Craft Deck and Fence may consider factors such as project type, service area, availability, experience, or contractor interest when referring a project.

Unless expressly represented otherwise, a referral should not be interpreted as a guarantee, certification, endorsement, or warranty regarding a contractor.

Customers remain responsible for determining whether a contractor is appropriate for their project before entering into an agreement.

9. Contractor Work and Disputes

Where construction services are provided under an agreement directly between a customer and an independent contractor, disputes concerning that contractor's work should generally be addressed between the customer and that contractor.

To the maximum extent permitted by applicable law, Craft Deck and Fence is not responsible for acts or omissions of independent contractors merely because a project lead or introduction originated through Craft Deck and Fence.

This may include disputes concerning workmanship, scheduling, delays, materials, property damage, payment, warranties, permits, inspections, injuries, code compliance, representations made by the contractor, or failure to complete work.

Nothing in these Terms excludes or limits responsibility that cannot lawfully be excluded or limited.

10. No Guarantee of Results

Craft Deck and Fence does not guarantee that:

• a submitted project will receive a quote;
• a contractor will accept the project;
• a particular price will be available;
• work will begin or finish on a particular date;
• a contractor will remain available;
• a permit or approval will be issued; or
• a particular project outcome will be achieved.

Any specific guarantee or warranty applicable to construction work must be established by the applicable written project agreement.

11. Website Information

Reasonable efforts may be made to keep information on the website useful and current. However, website information may contain errors, omissions, outdated information, or generalizations.

Information concerning construction methods, pricing, materials, regulations, permits, timelines, or project requirements is general information and should not replace professional advice or project-specific assessment where one is required.

12. Photographs and Project Information

Customers may voluntarily submit photographs, drawings, measurements, plans, descriptions, and other project information.

The customer represents that they have the right to provide submitted materials for purposes connected with their project.

Submitted project materials may be shared with contractors or service providers where reasonably necessary to respond to or facilitate the project request and as described in the Privacy Policy.

Craft Deck and Fence will not obtain ownership of a customer's intellectual property merely because it was submitted through a project form.

13. Intellectual Property

Unless otherwise stated, website content created for Craft Deck and Fence, including branding, logos, graphics, original photographs, website text, designs, and other original materials, is owned by or licensed to Craft Deck and Fence and is protected by applicable intellectual property laws.

Website content may not be copied, republished, sold, distributed, or commercially exploited without permission except where permitted by law.

14. Acceptable Website Use

Users may not knowingly:

• interfere with the operation or security of the website;
• attempt unauthorized access to website systems;
• submit malicious software;
• impersonate another person;
• knowingly submit fraudulent project requests;
• use the website for unlawful purposes; or
• misuse forms or communication systems.

15. Third-Party Services

The website may use third-party services for functions such as website hosting, analytics, communications, scheduling, maps, spam prevention, form processing, customer management, or other business operations.

Third-party services may operate under their own terms and privacy practices.

16. Communications

A user who submits a quote, contact, or chat request may be contacted regarding that request using the contact information provided, including by telephone, email, or other requested communication methods.

Marketing or promotional electronic communications will be handled in accordance with applicable Canadian requirements. Where consent is required, users may withdraw that consent using the method provided in the applicable communication.

17. Limitation of Liability

To the maximum extent permitted by applicable law, Craft Deck and Fence will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from use of the website or from acts or omissions of independent contractors to whom a project has been referred.

Nothing in these Terms is intended to exclude, waive, restrict, or modify any right, remedy, warranty, condition, obligation, or liability where doing so is prohibited by applicable law.

18. Indemnification

To the extent permitted by applicable law, users agree to be responsible for losses or claims arising from their unlawful misuse of the website, fraudulent submissions, infringement of third-party rights, or material violation of these Terms.

This provision does not require a consumer to indemnify Craft Deck and Fence for matters for which Craft Deck and Fence is legally responsible.

19. Consumer Rights

Nothing in these Terms is intended to waive or restrict mandatory rights available to consumers under the laws of Ontario or Canada.

If any provision conflicts with a mandatory legal requirement, the mandatory legal requirement will apply to the extent of that conflict.

20. Changes to These Terms

These Terms may be updated periodically to reflect changes in business practices, services, or applicable requirements.

The current version will be posted on the website with an updated “Last Updated” date.

21. Severability

If a provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

22. Governing Law

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Subject to mandatory consumer protection requirements and other applicable laws governing jurisdiction, disputes relating to these Terms will be governed by the courts with jurisdiction in Ontario.

23. Contact

Questions concerning these Terms may be directed to:

Craft Deck and Fence Ottawa
Ottawa, Ontario, Canada
Telephone: (343) 503-0063