1. General

The following Terms of Service apply to your use of the MuniSERV website. You are solely responsible for your conduct and your content on the website and compliance with these terms. By setting up your profile or using or browsing this website, you acknowledge that you have read, understood, and agree to be bound by these terms.

We may amend these Terms and Conditions from time to time due to changes to our products or policies, legislative amendments, or for any other commercially reasonable reason. Any amendment will only become effective upon notification to you (by email or by posting on our website).

2. Ability to Bind

The MuniSERV website is available only to persons or organizations that can form legally binding contracts under applicable law. If you do not qualify, you are not permitted to use this website. If you are using this website on behalf of an organization, you represent and warrant that you have the ability to bind such organization.

3. Communication

We reserve the right to send messages to inform you of changes or additions to this website, changes to these Terms and Conditions or Fee Schedules, violations of these Terms and Conditions, or any other matter related to this website.

4. Privacy Statement

MuniSERV will not disclose any confidential information received from you except as required for the performance of services or as required by law. If MuniSERV needs to collect, use and/or store any personal information received from you, we will do so in accordance with applicable provincial and federal privacy legislation and in accordance with our Privacy Policy.

5. Registration

You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on this website, and agree to update such information if it changes.

6. Fees

We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedules, however, you are responsible for reviewing the applicable Fee Schedules from time to time. Any disputes about any charges must be submitted to us in writing within 30 days of the date such charges are incurred.

Once payment has been submitted, your MuniSERV membership is non-refundable.

7. Payments

Payment for your membership package will be made via Stripe using a valid credit card. Payment is payable in Canadian dollars only. We are required by law to collect and remit Harmonized Goods & Services Tax (HST) or any other tax applicable to your province of jurisdiction. You agree to be responsible for and to pay any taxes that may be imposed for the use of this website.

8. Use of the Website

The MuniSERV website may not be used for the sending of unsolicited commercial electronic messages (CEM). All messages sent by use of the website shall be in compliance with our Anti-Spam Policy and in compliance with Canada's Anti-Spam Legislation (CASL). You shall represent yourself or your organization accurately and will not impersonate any other person.

9. Prohibited Content

We prohibit the use of this website by any person or organization that:

  • Displays or markets material that exploits children under 18 years of age
  • Posts or discloses personally identifying information about anyone without their consent
  • Infringes, violates or misappropriates any third party's intellectual property rights
  • Contains software viruses or code designed to interrupt, destroy or limit computer functionality
  • Advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals
  • Engages in spamming, chain letters, pyramid schemes, or other advertising activities that violate applicable laws
  • Is misleading, deceptive or fraudulent or otherwise promotes illegal activities
  • Is libelous, defamatory, threatening, abusive, harassing, malicious or harmful to any person or entity
  • Is hateful or discriminatory based on race, colour, sex, religion, nationality, disability, sexual orientation or age
  • Uses automated means (agents, robots, scripts, or spiders) to access or manage any user's account

10. Termination

You may terminate your MuniSERV account at the end of the membership term. There are no refunds for any fees paid. We may, in our sole discretion, terminate or disable your MuniSERV membership or remove all or a portion of your content on the website with or without cause, with or without notice and without refund. We shall have no liability to you or any third party because of such termination, except that we will refund a pro rata portion of any prepaid amounts if we terminate you without cause.

11. Indemnification

You hereby agree to defend, indemnify and hold harmless MuniSERV and our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses in connection with any claim or action that arises from any actual or alleged breach by you of these Terms and Conditions or from content you post or services you sell.

12. Warranty Disclaimer

You expressly agree that the MuniSERV website is provided on an “as is” and “as available” basis. Use of the MuniSERV website and any reliance by you upon it is at your sole risk. We do not warrant that the use of this website will be uninterrupted or error-free.

We do not endorse and are not responsible for the accuracy or reliability of any information or statement made by any members or users of the site. MuniSERV does not guarantee successful matching of members and users nor does the website guarantee the quality of service delivered by any of its members. It is the sole responsibility of municipal users to ensure they have conducted their own due diligence before entering into any contract with one of the professional members.

13. Uploading — RFP/Tender or Article

By uploading a document to MuniSERV, you agree that:

  • You own or have the right to display the content of the document.
  • The content of the document does not violate MuniSERV's other Terms and Conditions.

14. Disclaimer for Pages

MuniSERV is not responsible for user content and opinions. Municipal and Professional Members should at all times promote legal activities. Any member found promoting illegal activities, commercial products or services will be deleted from the site. MuniSERV does not endorse and is not responsible for the content of external links.

MuniSERV makes no guarantee as to the qualifications of consultants and professional members on the site and urges municipal members to undertake their usual due diligence before engaging any professional or service listed on the site.

Anti-Spam Policy

MuniSERV has a zero-tolerance spam policy. Any user of the site found to be using MuniSERV for spam will have their use of the website terminated immediately.

All messages sent via the website shall be in compliance with Canada's Anti-Spam Legislation (CASL), S.C. 2010 c. 23. Consent is implied if a user does not explicitly opt-out of receiving messages, as indicated by the Personal Information Protection and Electronic Documents Act (PIPEDA).

Questions?

If you have questions about these Terms & Conditions, please contact us.