1638 boul. Valcartier
TERMS AND CONDITIONS
SDmultiplex specializes in property management mentoring in the South Shore of Montréal, Montérégie, Montréal and Québec City. We offer customized and professional services that promote excellence in property management through mentoring.
Thanks to our tailored approach and expert advice, we offer mentoring services to property managers with limited or moderate experience in real estate management.
We provide services to new owners in order to allow them to make informed decisions, whether for an inherited property or a new acquisition, to owners who experience management issues with their buildings, chalets or rental condos, as well as to condominium associations that wish to be managed effectively.
SDmultiplex is not responsible for the acts or omissions of the Client, including any contravention or failure to comply with any of the terms, provisions, conditions and stipulations of the Service Contract and/or failure to comply with any law, regulation, order, decree or notice issued by any municipal or government authority, as well as in the event of contravention, failure or non-compliance on the part of the Client with its commitments to any organization, company or entity with respect to its buildings.
Furthermore, the services, information, opinions and advice provided by SDmultiplex do not constitute legal advice and are not to be construed as certainties, commitments or guarantees of any result whatsoever or of the achievement of performance goals and/or financial profitability.
TERMS AND CONDITIONS
- EXCLUSIVE SERVICE CONTRACT
The Client hereby grants to SDmultiplex an exclusive property management mentoring contract.
- PURPOSE OF THE CONTRACT
2.1 SDmultiplex will act as a mentor to the Client, by using all available means in order to assist, guide and help the Client to the best of its knowledge and expertise, with respect to one or several areas in the field of property management, according to the needs identified and set out with the Client, for instance with regard to:
- a) Administrative management
Creation and founding of the company;
Implementation and improvement of the processes;
Drafting of documents (new owner letters, welcome letters, complaints, building regulations, renewal letters, late rent notices and more);
Recordkeeping (payments, renewals, works, tours, tenant background checks, late rent notices, rent collection, invoices and more).
- b) Rental management
Vacant units (taking pictures, advertising, ads);
Potential tenants (taking calls, tours, credit checks);
New tenants (letters, lease, forms, keys);
Arrivals and releases (maintenance, renovations, cleaning);
Coordination and follow-up;
Support and assistance in case of dispute.
- c) Work management
Setting up inspections;
List of contractors and specialists;
Procurement and negotiation of bids and contracts;
Assistance in case of emergency.
- d) Condominium (condo) management
Conservation of the building (maintenance policies, maintenance programs, emergency measures and more);
Financial (contingency fund, budget, common costs, tax assessment, collection and more);
Meetings (meeting notifications, agendas, minutes, resolutions);
- e) Consulting services
Assistance and guidance upon purchase of a building (research, references, checklists and more);
Tailored to your needs.
2.2 LIMITATIONS – The Client acknowledges and understands that the services, information, opinions and advice provided by SDmultiplex do not constitute legal advice and are not to be construed as certainties, commitments or guarantees of any result whatsoever or of the achievement of performance goals and/or financial profitability.
- CLIENT COOPERATION
The Client undertakes to fully cooperate with SDmultiplex and agrees to promptly provide any and all information, documents or other elements relevant herein. The Client acknowledges that its cooperation is essential and undertakes to be available in a timely manner, as well as to allow access to the Building when necessary.
4. FEES AND SERVICE CHARGES
4.1 The Client undertakes to pay fees to SDmultiplex according to the following hourly rate:
– Hourly rate of CAD 49.99$ / hour
The total amount of these fees shall vary based on the number of hours worked and billable hours shall include, but not be limited to, meetings with the Client or any other party, telephone conversations, communications via e-mail or any other means, as well as research, study, analysis, revision and drafting of documents.
4.2 Furthermore, the Client undertakes to pay to SDmultiplex, in addition to the service charges, fixed fees of CAD 29.99$ for opening and managing the file, as well as any and all disbursements incurred by SDmultiplex in addition to other specific services such as photocopies (30 copies and more or colour photocopies), long distance calls and faxes, delivery and courier services, fees incurred for shipping by registered, express or priority mail, parking fees and travel expenses at a rate of CAD 0.50 per kilometre travelled.
4.3 In the event that it is necessary to engage a third party in the execution of this Service Contract (including but not limited to an investigator, an inspector, an appraiser, an expert, a legal adviser, a bailiff, a broker, a contractor), it is understood that SDmultiplex shall obtain the prior consent of the Client which shall be solely responsible for payment of the fees and disbursements of said third party.
4.4 Any and all amounts billed to the Client by SDmultiplex, either as fees and/or service charges, whatever they are, shall not include applicable taxes, that is the goods and services tax (GST) and the Québec sales tax (QST).
- PAYMENT AND INTEREST
Any invoice issued by SDmultiplex is payable upon receipt. After a period of thirty (30) days following the issue date of the invoice, any unpaid balance shall bear interest at a rate of 2% per month, or 24% per annum, from the issue date of the invoice.
- ENTRY INTO FORCE
This Contract shall take effect between the Parties on the date of receipt of the acceptance and signature of the Client by SDmultiplex.
- DURATION AND CONTRACT TERMINATION
7.1 This Contract shall be for an indefinite period. However, notwithstanding provisions of Sections 2125 and 2126 of the Civil Code of Québec, either Party may terminate this Contract at any time by means of a 10-day (10) written notice to that effect, even where there has not been any default by the other Party or even if there is no valid reason, subject to the survival of the provisions set out under paragraph 10.3.
7.2 SDmultiplex shall be entitled to terminate this Contract without notice or demand therefor and without the need to take legal action, all subject to its other rights and remedies, in the event of any of the following:
7.2.1 In the event that the Client files a proposal in bankruptcy or makes an assignment for the benefit of its creditors or any other arrangement or compromise, or that the Client becomes bankrupt or insolvent or avails itself of, or becomes subject to any legislative provision in force at such time concerning the bankrupt or insolvent debtors;
7.2.2 The filing of an application or a petition or the granting of an order or a certificate for the dissolution, liquidation or winding-up of the Client or its assets;
7.2.3 In the event that the Client fails to comply with any of the terms, provisions, conditions and stipulations of this Contract, or in the event that the Client is in breach of its obligation to cooperate, fails to disclose essential information, does not comply with the directives or fails to pay the fees and disbursements set out herein;
7.2.4 In the event that the Client fails to comply with any law, regulation, order, decree or notice issued by any municipal or government authority, as well as in the event of contravention, failure or non-compliance on the part of the Client with its commitments to any organization, company or entity with respect to the Building.
7.3 This Service Contract shall automatically and immediately terminate in the event that SDmultiplex’s representative is unable to deliver the services due to injury, illness, disability, incapacity or force majeure.
7.4 In any and all cases, the Client shall pay to SDmultiplex the fees and service charges incurred before the end of the contract period upon receipt of the final invoice.
8.1 The Client hereby undertakes to indemnify SDmultiplex for any loss, damage, costs and expenses, as well as to indemnify and hold it harmless from any and all requests, claims, complaints, actions or suits resulting from the acts or omissions of the Client, including any contravention or failure to comply with any of the terms, provisions, conditions and stipulations of the Service Contract and/or failure to comply with any law, regulation, order, decree or notice issued by any municipal or government authority, as well as in the event of contravention, failure or non-compliance on the part of the Client with its commitments to any organization, company or entity with respect to the Building.
8.2 The Client undertakes to pay to SDmultiplex any amount that the latter could be required to pay in legal fees (court costs and extrajudicial fees), including any and all costs incurred to collect any amount owed by the Client in the event that the latter refuses to pay the amounts, fees, charges and/or compensation set out herein.
- INTELLECTUAL PROPERTY, CONFIDENTIALITY AND NON-DISCLOSURE
9.1 The Client undertakes not to use the SDmultiplex trademark and not to share any trade secrets related to SDmultiplex.
9.2 The Client acknowledges that it may have access to confidential information in its relationship with SDmultiplex. The Client agrees and undertakes not to divulge any confidential information related to SDmultiplex, both directly or indirectly, and not to use, reproduce, process or exploit said information in any way whatsoever during the term of this Contract or at any time thereafter. Such confidential information shall remain the exclusive property of SDmultiplex, the Client shall have no right in this regard.
- GENERAL PROVISIONS
10.1 This Contract shall be governed by the laws of the Province of Québec and the laws of Canada applicable therein, and the Parties agree to elect domicile in the district of Longueuil, in the Province of Québec, for any claim or legal action, for any reason whatsoever, in relation to this Contract.
10.2 This Contract shall not be assigned by the Client without the prior written consent of SDmultiplex.
10.3 The provisions of Articles 8, 9 and 10 of this Service Contract shall survive its termination.
- SOLIDARY OBLIGATION
If this Contract is signed by several parties, the latter shall all be jointly and severally liable to SDmultiplex for the performance of the Client’s obligations hereunder and hereby waive their right of subrogation.
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