TRUE FORM CONSTRUCTION

These Terms of Service apply to your use of the True Form Construction website at trueformreno.com and to your relationship with True Form Construction (“True Form,” “we,” “us,” or “our”) prior to the execution of a formal written Construction Agreement. Once you sign a Construction Agreement, that signed document governs the physical renovation work. These Terms remain in effect for all digital interactions and pre-contractual representations. PART A — COMPLIANCE AUDIT

Audit Scope Assessed against 14 mandatory and recommended clauses under Ontario CPA 2002, Construction Act R.S.O. 1990, HCRA Directive 4, PIPEDA, and the Competition Act.

#	Clause	Status	Risk Level	Notes
1	Scope of Work Disclaimer	❌ MISSING	HIGH	No ToS page exists on site
2	Estimate vs. Contract Price	❌ MISSING	HIGH	Fixed-Price marketing claim — any quote form output may be read as binding under CPA 2002 s.56
3	Consumer Cooling-Off Rights	❌ MISSING	HIGH	CPA 2002 s.43 — 10-day right exists whether disclosed or not
4	Payment Terms / Prompt Payment	❌ MISSING	HIGH	Construction Act Part I.1 — 28-day cycle legally mandated, not documented
5	Construction Lien Disclosure	❌ MISSING	MEDIUM	60-day lien window never disclosed to homeowners
6	Warranty Disclaimer	🚨 INCONSISTENT	HIGH	Homepage = 5-Year Warranty, footer seal = 2-Year Warranty — direct contradiction creates enforceable ambiguity AGAINST contractor
7	Limitation of Liability	❌ MISSING	HIGH	Zero liability protection — fully exposed to consequential damages claims
8	Dispute Resolution	❌ MISSING	MEDIUM	No jurisdiction or process defined
9	Privacy Policy (PIPEDA)	⚠️ WEAK	HIGH	Exists but is a 7-bullet generic template — no data types, no retention period, no CASL disclosure on lead form
10	Subcontractor Disclosure	❌ MISSING	MEDIUM	Referenced in marketing but no formal legal clause
11	Permit Responsibility	❌ MISSING	LOW	Handled operationally, not formalized in legal terms
12	Force Majeure	❌ MISSING	MEDIUM	No ToS exists
13	Photo/Testimonial Rights	🚨 ACTIVE VIOLATION	CRITICAL	Extensive before/after gallery published site-wide — no consent clause exists anywhere (PIPEDA)
14	IP of Design Plans	❌ MISSING	HIGH	Offers 3D renderings & custom design — zero IP protection documented

Critical Immediate Actions (Pre-Publishing)

🚨 WARRANTY INCONSISTENCY — Homepage displays ‘5-Year Warranty’ but footer seal shows ‘2-Year Warranty.’ This direct contradiction creates enforceable ambiguity AGAINST True Form Construction. Resolve before publishing this ToS.

🚨 PIPEDA PHOTO VIOLATION — Active right now, no ToS needed to trigger it. Before/after interior photos are published site-wide without any consent clause. Obtain retroactive written consent from all homeowners whose properties appear in the gallery.

🚨 CASL NON-COMPLIANCE — The ‘Get a Free Quote’ form collects personal data (name, phone, email, city) with no CASL consent disclosure. Add consent language below the submit button immediately.

PART B — TERMS OF SERVICE (Full Draft)

1. About These Terms

These Terms of Service govern your use of our website and the preliminary stages of our business relationship — including your submission of quote requests, receipt of project estimates, booking of consultations, and review of our project portfolio. Once you sign a formal written Construction Agreement with True Form Construction, the terms of that signed agreement govern the physical renovation work. These Terms of Service remain in effect for all digital interactions and pre-contractual representations. By using our website or submitting an inquiry, you confirm that you have read and understood these terms. If you have any questions, please contact us before proceeding.

2. Scope of Work & Website Content

The services, project galleries, design inspiration images, renovation examples, and pricing information displayed on this website are provided for illustrative and informational purposes only. Website content does not represent a commitment to deliver any specific result, design, or price for your individual project. The exact scope of work, specific materials, structural modifications, timelines, and final deliverables for your project will be explicitly defined in a separate, signed written Construction Agreement. Any services, materials, or structural modifications not expressly documented in that signed agreement — or in a subsequently approved written Change Order signed by both parties — are outside the defined scope and may result in additional costs and timeline adjustments. True Form Construction serves residential and commercial clients across the Greater Toronto Area, including Toronto, North York, Mississauga, Burlington, Caledon, Maple, and Richmond Hill, Ontario.

3. Estimates, Quotes & Contract Pricing

Ontario Law — Required Consumer Protection Act, 2002, Part VI, s.56 — Final invoice cannot exceed a written estimate by more than 10% without a signed Change Order.

Any free online quote, estimate request submission, cost approximation, preliminary budget range, or verbal estimate provided through this website or by our team is a non-binding approximation based solely on the initial information you provide. An online estimate or consultation quote is not a fixed contract price. In accordance with the Ontario Consumer Protection Act, 2002, if a written estimate is incorporated into your formal Construction Agreement, the final amount invoiced to you will not exceed the written estimate by more than 10%, unless you have explicitly agreed to a revised price through a documented, signed Change Order. Your final, binding project price is confirmed only in a signed written Construction Agreement, issued after a comprehensive on-site assessment, site inspection, and material specification review. We never begin work without a signed contract in place. Note on Fixed-Price Contracts: Where True Form Construction issues a fixed-price contract, that contract price is binding as stated, subject only to documented Change Orders for unforeseen structural, mechanical, or site conditions discovered after work commences.

4. Your Right to Cancel

Ontario Law — Mandatory Consumer Protection Act, 2002, s.43 — This right is non-waivable. Any clause attempting to reduce or eliminate it is void.

If you enter into a renovation contract with True Form Construction at your home, or at a location other than our permanent place of business, your agreement is classified as a direct agreement under the Ontario Consumer Protection Act, 2002. You have the legal right to cancel this agreement within ten (10) calendar days of receiving a written copy of the signed contract, for any reason, without penalty, and without being required to give an explanation.

How to Cancel

Deliver written notice of cancellation by email to [INSERT EMAIL] or by mail to 305 Lesmill Rd, North York, ON M3B 2V1. Cancellation is effective the date you send the notice.

Refunds

Any deposit or prepayment received will be refunded in full within 15 days of receiving your cancellation notice.

Emergency Work Exception

If you have made an explicit written request for emergency work to begin during the 10-day cooling-off period, you will be responsible for providing reasonable compensation for materials supplied and labour performed up to the exact point of cancellation.

5. Payment Terms & Prompt Payment

Ontario Law — Required Construction Act, R.S.O. 1990, Part I.1 — in force October 1, 2019. Prompt payment timelines are non-waivable.

All invoices issued by True Form Construction are “proper invoices” as defined by the Ontario Construction Act:

• Owner payment deadline: Payment is due within 28 calendar days of your receipt of a proper invoice.
• Dispute process: If you wish to dispute all or part of an invoice, you must issue a written Notice of Non-Payment within 14 calendar days of receiving the invoice, specifying the disputed amount and the specific reason. Undisputed portions remain due within the 28-day period.
• Late payment interest: Overdue balances accrue interest at 1.5% per month (18% per annum).
• Work suspension: We reserve the right to suspend construction work if a payment is overdue by more than 7 calendar days and no Notice of Non-Payment has been issued.
• Subcontractor payment: We are required by the Construction Act to pay all sub-trades within 7 calendar days of receiving payment from you.
• Adjudication: Unresolved payment disputes may be escalated to mandatory interim adjudication through the Ontario Dispute Adjudication for Construction Contracts (ODACC) at odacc.ca.

6. Construction Liens

Ontario Law — Construction Act Liens must be preserved within 60 days of completion, abandonment, or termination.

Under the Ontario Construction Act, contractors, subcontractors, and material suppliers who contribute labour or materials to improve your property hold the legal right to register a construction lien against your property title if they are not paid for their services or materials. Liens must be preserved within 60 days of the date of completion, abandonment, or termination of the contract. True Form Construction is committed to paying all sub-trades and suppliers promptly within statutory timelines to prevent third-party liens from being registered against your home. To protect yourself, you are entitled to retain a statutory 10% holdback from each payment as permitted under the Construction Act until the lien period has expired. We will inform you of this right in your Construction Agreement.

7. Warranties

5-Year Workmanship Warranty: True Form Construction provides a five (5) year limited warranty on all installation labour and workmanship performed by our team on your project. This warranty covers defects in workmanship that arise under normal use conditions within the warranty period. Claims under this warranty must be reported to us in writing within the warranty period. Manufacturer Warranties: All building materials, fixtures, appliances, cabinetry, flooring, and equipment are covered separately under their respective manufacturer warranties. We will provide you with copies of applicable manufacturer warranty documentation upon project completion. What This Warranty Does Not Cover: Our workmanship warranty does not cover damage resulting from improper homeowner use, subsequent modifications by third parties, normal wear and tear, water damage caused by external sources, or events covered under your home insurance policy.

Ontario — Tarion New Home Warranty Standard residential renovation projects are NOT covered by the Ontario Tarion New Home Warranty program. Tarion coverage applies only to new home construction. If your project qualifies as a new home build, True Form Construction will confirm Tarion enrolment in writing in your Construction Agreement. Verify enrolment at tarion.com.

8. Limitation of Liability

True Form Construction maintains full commercial general liability insurance and takes every professional precaution to protect your home and property during construction. To the maximum extent permitted by Ontario law, our total aggregate liability for any claims arising from our services — whether in contract, tort, negligence, or otherwise — shall not exceed the total monetary amount paid by you under the specific project contract to which the claim relates. We are not liable for indirect, consequential, or unforeseen damages — such as temporary relocation costs, loss of rental income, or loss of use — unless directly and proximately caused by our gross negligence or wilful misconduct. Nothing in this clause limits our liability for: (a) personal injury or death caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded under Ontario law.

9. Permits & Building Code Compliance

True Form Construction manages the full permit process for your project as part of our integrated design-build service. Unless explicitly stated otherwise in your signed Construction Agreement, True Form Construction will obtain all required municipal building permits, submit drawings to Toronto Building, coordinate engineering documentation, and manage the inspection process with City inspectors on your behalf. All construction performed by True Form Construction meets or exceeds the requirements of the Ontario Building Code and applicable Toronto municipal bylaws, including Zoning Bylaw 569-2013. We coordinate all mandatory site inspections and respond promptly to any deficiencies identified by inspectors. Where a homeowner requests modifications to the scope of work that would violate building codes, zoning bylaws, or require permits that are not obtainable, True Form Construction reserves the right to decline those modifications. We will not perform unpermitted structural work.

10. Subcontractors & Trades

True Form Construction regularly partners with licensed, insured, and vetted sub-trades — including master electricians, licensed plumbers, HVAC specialists, and structural engineers — to deliver specialised work on your project. As your primary general contractor and single point of contact, True Form Construction retains full responsibility for:

• The selection, oversight, and coordination of all subcontractors
• The quality and standard of all subcontracted work
• Ensuring all sub-trades hold valid WSIB coverage and appropriate liability insurance
• Paying all subcontractors promptly within 7 calendar days of receiving your payment, as required by the Ontario Construction Act

You will not be required to manage or communicate directly with individual sub-trades on your project.

11. Project Photos & Testimonials

PIPEDA — Federal Requirement Interior renovation photographs constitute personal information under the Personal Information Protection and Electronic Documents Act (PIPEDA). Explicit opt-in written consent is required before any use for marketing purposes.

We take immense pride in our finished projects and may wish to share transformations to inspire future clients. We fully respect the privacy of your home. We will never use photographs of your property’s interior or exterior — or share your personal testimonials or identifying information — without obtaining your explicit, written, opt-in consent before any such use. This applies to our website, social media channels, print materials, and any other marketing medium. Your consent to photo usage is entirely voluntary, separate from your construction agreement, and may be withdrawn at any time by contacting us in writing. We will promptly remove any content upon receiving a valid withdrawal request.

12. Intellectual Property

All custom architectural drawings, 3D renderings, spatial plans, design concept packages, material schedules, and proprietary design specifications created by True Form Construction’s design team remain the exclusive intellectual property of True Form Construction, protected under the Canadian Copyright Act. These materials are provided to you solely for the purpose of evaluating your specific project. They may not be reproduced, distributed, provided to third-party contractors, or used for construction by any party other than True Form Construction without our prior written consent and payment of a design release fee. Full intellectual property rights in your custom design materials transfer to you upon receipt of final payment for the completed project.

13. Force Majeure

True Form Construction will not be held liable, nor deemed in breach of your Construction Agreement, for project delays or interruptions caused by events outside our reasonable control, including but not limited to:

• Severe weather events or natural disasters
• Supply chain disruptions or material shortages beyond our control
• Pandemics, government-ordered construction lockdowns, or public health emergencies
• Municipal permit processing delays
• Unforeseen site conditions (e.g., undisclosed structural damage, hazardous materials, mould, asbestos)

In such events, the project schedule will be extended by a period equal to the duration of the delay. We will notify you promptly in writing when a force majeure event affects your project timeline.

14. Dispute Resolution

Ontario Law — Critical Consumer Protection Act, 2002, s.7-8: Any clause requiring consumers to submit to private binding arbitration and waive their right to public court access is VOID and unenforceable.

We believe the best outcome for both parties is a renovation that exceeds your expectations. If a concern arises, we encourage you to contact us directly first — most issues are resolved quickly through open communication. If direct resolution is unsuccessful, we are open to participating in voluntary mediation through a mutually agreed mediator. You retain your full legal rights under Ontario law, including the right to file a complaint with the Ministry of Public and Business Service Delivery’s consumer protection division, or to pursue your claim through the Ontario court system, including Small Claims Court for claims under $35,000. Construction payment disputes may be escalated to mandatory interim adjudication through ODACC under the Ontario Construction Act (odacc.ca).

15. Governing Law

These Terms of Service and all Construction Agreements entered into with True Form Construction are governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada. Any legal proceedings shall be conducted in the courts of Ontario.

16. Privacy & Data Collection

We collect personal information through this website — including your name, email address, phone number, city, and project details submitted via our quote and contact forms — for the sole purpose of responding to your renovation inquiry and providing our services. We comply with the federal Personal Information Protection and Electronic Documents Act (PIPEDA). We do not sell, rent, or share your personal information with third parties for commercial purposes. You may request access to, correction of, or deletion of your personal information at any time by contacting our Privacy Officer at [INSERT EMAIL]. Email & SMS Communications: By submitting a quote or contact form, you provide implied consent for us to contact you regarding your project inquiry in accordance with Canada’s Anti-Spam Legislation (CASL). You may unsubscribe from marketing communications at any time by replying UNSUBSCRIBE or contacting us directly. For full details on how we collect, use, protect, and retain your personal information — including our use of cookies, Google Analytics, and third-party tools — please review our Privacy Policy at trueformreno.com/privacy-policy.

17. Contact & Licensing Information

True Form Construction 305 Lesmill Rd, North York, ON M3B 2V1 Phone: (416) 854-1064 Email: [INSERT EMAIL] Website: trueformreno.com

Licences & Registrations Ontario Business Reg.: [INSERT NUMBER] HCRA Licence: [INSERT IF APPLICABLE] WSIB Account: [INSERT NUMBER] Liability Insurance: [INSERT INSURER]

HCRA licence verification: hcraontario.ca  |  HCRA enquiries: 1-800-582-7994 Consumer Protection Ontario: ontario.ca/page/consumer-protection-ontario

18. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our services or applicable law. The “Last Updated” date at the top of this page will reflect the most recent revision. Continued use of our website after an update constitutes acceptance of the revised terms. For significant changes, we will post a notice on our website. PART C — IMPLEMENTATION CHECKLIST Complete all items below before publishing this Terms of Service page:

• 1. RESOLVE WARRANTY INCONSISTENCY FIRST

Homepage = ‘5-Year Warranty’ vs footer seal = ‘2-Year Warranty’. Pick one and update everywhere — website, ToS, all marketing materials. This is HIGH PRIORITY.

• 2. Insert HCRA Licence Number in Section 17

Required by HCRA Directive 4 if performing new home builds. Verify at: hcraontario.ca

• 3. Insert WSIB Account Number in Section 17

Include current WSIB clearance certificate details.

• 4. Insert Liability Insurer Details in Section 17

Include insurer name and minimum policy limit.

• 5. Insert Contact Email in Sections 16 and 17

Replace [INSERT EMAIL] placeholders with the real contact email address.

• 6. Add CASL Consent Text to the Quote Form

Add below the submit button: “By submitting this form, you consent to True Form Construction contacting you about your inquiry, in accordance with CASL. View our Privacy Policy.”

• 7. Obtain Retroactive Photo Consent

Get explicit written consent from ALL homeowners whose interior photos appear in the current gallery. PIPEDA violation is active now.

• 8. Rewrite the Privacy Policy

Current version is a 7-bullet generic template. Must include: data types collected, retention periods, GA4/Meta Pixel disclosure, third-party sharing, right of access/deletion, Privacy Officer contact.

• 9. Publish ToS at /terms-of-service/

Link in website footer alongside Privacy Policy.

• 10. Have a Licensed Ontario Lawyer Review

Before publishing. This document is a compliance-optimised draft, not formal legal advice.

• 11. Update the ‘Last Updated’ Date

Before going live — use the actual publication date.