Provider Agreement
The agreement between your business and Ontyx when you list services here. This is a business agreement, not a consumer one.
The short version
You pay a flat monthly subscription to be listed and to receive leads. We take no commission and no cut of your work. You keep your own customers, prices and methods.
In return you must actually hold the licences, permits and insurance your work requires, keep them current, and tell us promptly if any of them lapses.
You are a business
This Agreement is between your business and Ontyx.
You confirm that you are entering this Agreement for business purposes, not as a consumer, and that you have authority to bind your business.
We are not your employer
You are an independent business. This Agreement does not create employment, agency, partnership or franchise between us, and you cannot bind Ontyx.
We do not set your prices, assign you work, set your hours, tell you how to do your job, require exclusivity, or require any uniform or script. You use your own tools and insurance, you carry your own risk of profit and loss, and you are free to work through any other channel or platform.
You are responsible for your own taxes, deductions, workers' compensation, and any obligations to your own staff.
Subscription and free trial
The subscription is CAD $29 per month plus GST or HST, charged to your payment method on the same day each month until you cancel.
Your first 30 days are free. Unless you cancel before the trial ends, the subscription converts automatically and your card is charged. We show you the exact first-charge date when you sign up, ask you to consent to recurring billing separately from these Terms, and email you at least 7 days before the trial converts.
You may cancel any time from your dashboard, without contacting us. Cancellation takes effect at the end of the period you have paid for.
We will not change your price without 30 days' notice and your express agreement. Continuing to use Ontyx is not agreement to a price change. If you do not agree, your subscription ends and we refund any amount already paid for a later period.
The subscription is a fixed fee for platform access. It is not a referral fee, finder's fee or commission, and no part of it depends on you winning or completing any job.
Your licences and insurance
This is the core of the agreement. You confirm that:
— you hold every licence, permit, certificate of qualification and registration the law requires for each service you list, in each city where you list it;
— you hold and maintain any insurance the law requires, and any insurance you state or imply you carry;
— every licence or registration number you give us is current, accurate and issued to you or your business;
— you comply with applicable law, including consumer protection, health, safety, food safety, employment, privacy and anti-spam law.
You will produce evidence within 5 business days of our asking, and will tell us within 5 business days if any licence, permit or insurance lapses, is suspended or is made conditional.
You must not list in a category you are not qualified for, or perform work beyond what your credentials permit.
Leads and customer information
Lead access is non-exclusive. We make no promise about how many leads you will receive, their quality, or whether any will convert.
Customer contact details you receive may be used onlyto respond to that customer's enquiry and to do the work they asked about. You must not add them to a mailing list, market to them, or share or sell their information without their own separate consent.
You are independently responsible for your compliance with privacy and anti-spam law regarding information you receive here.
Your profile and any badges
You warrant that your profile content is accurate and not misleading, and that you may lawfully use it. You must not misrepresent your credentials, experience, insurance, pricing or availability.
You must give us, and keep current, your legal business name and business address.
Any badge we display means only what our published definition says it means, and no more. We may withdraw a badge at any time — including automatically when a credential expires or a registry stops confirming it. A badge is not an endorsement and does not move any of your legal responsibilities to us.
Reviews
You agree that genuine customer reviews about your business may be published, including negative ones.
You must not write, solicit, buy, exchange or incentivise reviews, or have staff, family or associates post them. You may post a public reply to any review about you, and we encourage it. Review removal is never available as a paid benefit.
Liability and indemnity
Ontyxis provided "as is". To the fullest extent the law allows we are not liable for indirect or consequential loss, lost profits, lost business or lost data. If those exclusions are held invalid, our total liability is limited to the subscription fees you paid us in the previous 12 months.
You will indemnify us against third-party claims arising from your work, your breach of the licence and insurance promises above, your breach of the law, content you supply, your misuse of customer information, or your fraud or wilful misconduct. That indemnity does not cover anything caused by our own negligence or breach, and — except for fraud, wilful misconduct, intellectual property infringement, or death or personal injury caused by you — is capped at the greater of CAD $10,000 and 12 months' subscription fees.
We will indemnify you against claims that the Ontyxplatform itself infringes someone's intellectual property, and against claims arising from our own breach of this Agreement.
Nothing excludes our liability for death or personal injury caused by our own negligence, for our own fraud, or for anything that cannot lawfully be excluded.
Suspension and ending things
We may suspend or remove your listing immediatelyif a required licence or insurance lapses, if we receive a credible safety complaint, if we reasonably suspect fraud or review manipulation, or if the law requires it. Otherwise we will give you 30 days' notice.
If you cancel, fees already paid are not refunded except where we terminate without cause, in which case we refund the unused portion pro rata. Genuine reviews you have received stay published if you leave.
Disputes and governing law
Contact hello@ontyx.ca first and we will try in good faith to sort it out. Failing that, disputes go to the courts of Alberta, and this Agreement is governed by Alberta law. Nothing stops either of us using small claims court.
See also the Terms of Service, Disclaimer and Privacy Policy, which form part of this Agreement.