Terms & Conditions

1) Agreement to Legal Terms

These Terms & Conditions (the "Terms") are a legal agreement between Wave LED Controls ("Company," "we," "us," or "our") and you, whether personally or on behalf of an entity ("you" or "Customer"), governing your access to and use of our website at waveleds.ca (the "Site") and any related products and services we provide (collectively, the "Services").

By accessing the Site, placing an order, approving a quote, signing a work order, or allowing our personnel to begin work, you acknowledge you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

Minimum Age. The Services are intended for users who are at least 18 years old (or the age of majority in your jurisdiction). If you are under the applicable age, you may not use the Services.

2) Our Services

We provide holiday lighting design and installation; permanent Christmas/roofline lighting; LED control systems and programming; low‑voltage wiring; drilling, mounting, trenching; maintenance; and related consulting. Services may require onsite work at your property and modifications to structures, surfaces, vegetation, or utilities.

Service Availability. We may change, suspend, or discontinue any Services at any time. Quotes are estimates based on the conditions we can observe; hidden conditions may require change orders.

3) Site Access & Accounts

You may need to create an account to use some Site features. You are responsible for safeguarding your login credentials and for all activities under your account. We may suspend or terminate access for any violation of these Terms or applicable law.

4) Intellectual Property

The Site and its content (text, graphics, logos, software, photos, video, and other materials) are owned by or licensed to us and protected by law. We grant you a limited, non‑exclusive, non‑transferable, revocable license to access the Site for your personal or internal business use. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works from the Site or its content without our prior written consent.

If we grant permission to use our content or marks, you must include all proprietary notices and follow our brand guidelines.

5) User Content; Reviews & Feedback

If you submit content to us (e.g., messages, reviews, photos, installation ideas), you represent that you own it or have rights to submit it and that it is lawful, not infringing, and not abusive. You grant us a worldwide, perpetual, irrevocable, royalty‑free license to use, reproduce, display, adapt, and distribute such content for our business purposes, including marketing and training. We may monitor, remove, or refuse content in our discretion.

Review Guidelines. Reviews should be based on your firsthand experience, avoid profanity, hate speech, private information, or legal conclusions, and be truthful.

6) Prohibited Uses (Site)

You agree not to: (a) misuse the Site or interfere with its security; (b) attempt to access another user's account; (c) use automated scraping, mining, or bulk collection tools without consent; (d) upload malware or spam; (e) copy or frame the Site; or (f) use the Site in violation of law.

7) Quotes, Pricing, Change Orders

Quotes/Estimates. Written quotes are valid for 30 days unless stated otherwise. Pricing excludes taxes, permit fees, disposal fees, and third‑party charges unless the quote says they are included.

Hidden/Changed Conditions. If unforeseen conditions are discovered (e.g., concealed utilities, rot, moisture barriers, structural members, brittle roofing or stucco, masonry integrity, underground obstructions), we will promptly advise you and issue a Change Order. Work will pause until you approve the Change Order in writing.

Additions/Extras. Customer‑requested changes after acceptance require signed Change Orders and may extend timelines.

8) Scheduling, Access & Site Conditions

Customer Responsibilities. You must provide safe, lawful access to the site; keep driveways and work areas clear; restrain pets; and ensure power and lighting are available as needed. You must obtain required permissions from landlords, HOAs, and neighbors (if applicable).

Utilities & Locates. You are responsible for identifying and clearly marking the location of all utilities (e.g., gas, water, electrical, low‑voltage, irrigation, drain lines, telecom) and any hidden systems. At our request, you will obtain utility locates and as‑built drawings before work begins. We are not liable for damage to unmarked or improperly marked utilities or for the costs to repair them.

Weather & Force Majeure. Work may be delayed by severe weather or events beyond our reasonable control (see Section 20).

9) Drilling, Surface Penetrations, Mounting & Trenching Authorization

By approving the job, you expressly authorize us to perform any drilling, coring, fastening, penetrations, cutting, trenching, routing, or surface modifications reasonably necessary to deliver the Services, including on:

• Roofing materials (shingle, tile, metal), soffits, fascia, eaves, gutters
• Exterior/interior walls (wood, masonry, concrete, stucco, siding, drywall)
• Hardscape/landscape (concrete, pavers, brick, stone, soil), and
• Structural or framing members only where necessary and lawful

Building Envelope & Moisture Barriers. Penetrations can compromise weather, air, or vapor barriers. We seal penetrations using industry‑standard methods for the specific substrate. We cannot guarantee against future movement, moisture intrusion, or related damage, especially where existing conditions, workmanship by others, or building design defects are involved.

Roof Work. Roof access and installation can loosen granules, scuff surfaces, or crack brittle tiles. We will use commercially reasonable care, but normal cosmetic wear is expected and is not covered as damage. We do not warrant roofing beyond our patch/seal work.

Concrete/Masonry. Drilling or anchoring may cause cracking, spalling, or dusting, particularly in aged or undermined materials. We will take reasonable precautions but are not responsible for latent defects.

Post‑Tension/Structural Cables, Rebar, Embedded Lines. You must disclose any cables, rebar patterns, radiant heat loops, or embedded lines. We are not liable for damage to concealed elements you did not disclose or properly mark.

Restoration. Our obligation is limited to neat patching/sealing of penetrations we create. Color/texture matches are not guaranteed. Full restoration, painting, or resurfacing are not included unless expressly stated in the quote.

Indemnity (Work Authorization). You agree to defend and indemnify us from claims, costs, and damages arising out of (i) your failure to disclose or mark concealed conditions; (ii) third‑party claims from HOA/landlord/neighbor due to authorized work; or (iii) your violation of laws or covenants.

10) Permits, Approvals & Code Compliance

Unless your quote states otherwise, you are responsible for obtaining permits, HOA approvals, and inspections. We will perform work to applicable codes based on information available to us, but we are not the Authority Having Jurisdiction and do not guarantee permit issuance or inspector approvals.

11) Safety; Hazardous Materials

We maintain standard safety practices. If we suspect asbestos, lead paint, mold, or other hazardous conditions, we may stop work and require testing/abatement at your expense. We are not licensed abatement contractors (unless otherwise stated) and will not disturb suspected hazardous materials.

12) Customer Responsibilities & Potential Claims

To minimize disputes and claims, you agree to:

• Provide accurate information about the property and existing systems.
• Obtain permissions and make timely decisions.
• Keep the work area safe and free of personal items; remove or protect valuables.
• Notify us promptly of any issues and allow a reasonable opportunity to cure.

Common Bases for Claims (non‑exhaustive): property damage from hidden conditions; water intrusion from pre‑existing envelope failures; utility strikes where locates were unavailable/incorrect; schedule delays from weather, supply chain, or your access limitations; cosmetic wear from roof/finish work; HOA or permitting violations where you were responsible for approvals; and personal injuries arising from your failure to maintain safe site conditions.

13) Payments, Invoices, Late Fees & Chargebacks

Payment Terms. Unless otherwise stated: 50% deposit due on acceptance; remaining 50% due upon substantial completion and before final handover/activation. Invoices are due upon receipt. Unpaid balances accrue interest at 1.5% per month (18% APR) or the maximum allowed by law.

Cards/ACH. You authorize us (and our payment processors) to charge your selected payment method for amounts due. Chargebacks or payment reversals without a good‑faith basis are a material breach; you will be responsible for our reasonable fees and costs to contest improper chargebacks.

Collections. If we must pursue collection, you agree to pay reasonable collection costs and attorney's fees as permitted by law.

14) Delivery, Risk of Loss & Title (Products)

For products shipped to you, title passes on full payment; risk of loss passes on delivery to the carrier or to your site, as applicable. Inspect shipments upon receipt and notify us of shortages or damage within 5 business days.

15) Limited Warranty; Exclusions

We warrant our installation workmanship for 12 months from substantial completion, limited to repair or re‑performance at our option. This warranty excludes: normal wear; consumables; bulbs/LEDs beyond manufacturer warranty; damage from misuse, alterations by others, lack of maintenance, force majeure, pests, or concealed defects; consequential or incidental damages; and any condition outside our reasonable control.

Manufacturer warranties apply to products per the manufacturer's terms. We are not responsible for manufacturer insolvency or refusal to honor warranties.

16) Disclaimers

Except as expressly provided in Section 15, the Site and Services are provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non‑infringement, and accuracy.

17) Limitation of Liability

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the Site, the Services, or these Terms will not exceed the amount you paid us for the specific Service or CAD $2,000, whichever is greater. We will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including lost profits, business interruption, or loss of data), even if advised of their possibility.

Some jurisdictions do not allow certain limitations; in that case, the limitation will apply to the maximum extent allowed.

18) Indemnification (General)

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or Services; (b) your breach of these Terms; (c) your violation of rights of a third party; (d) property conditions you failed to disclose; or (e) your instructions or specifications.

19) Photos, Video & Marketing Release

You grant us permission to photograph and record the work (before/after) and to use such media for portfolio, educational, and marketing purposes, without identifying your address or full name unless you consent. If you object, notify us in writing before work begins.

20) Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including acts of God; weather; fire; flood; epidemics; labor disputes; governmental actions; supply‑chain or transportation disruptions; or internet or power failures. Time for performance will be extended by the period of delay.

21) Electronic Communications & Signatures; SMS

You consent to receive communications electronically and agree that electronic signatures, approvals, and records have the same legal effect as originals. If you provide a mobile number, you consent to receive transactional SMS messages (message/data rates may apply). Reply STOP to opt out.

22) Third‑Party Links & Services

The Site may link to third‑party sites or use third‑party services. We do not control and are not responsible for their content or practices. Your use of third‑party services is at your risk and subject to their terms and privacy policies.

23) Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Site or Services, you consent to those practices.

24) Governing Law; Venue

These Terms are governed by the laws of British Columbia and the federal laws of Canada, without regard to conflicts of law rules. The exclusive venue for disputes (subject to Section 25) will be the courts located in Vancouver, British Columbia.

25) Dispute Resolution; Arbitration; Class Action Waiver

Informal Resolution. Before filing a claim, the complaining party must send a detailed notice and allow 30 days for informal resolution.

Arbitration. Except for small‑claims matters and claims for injunctive relief, disputes will be resolved by binding arbitration conducted by Vancouver International Arbitration Centre (VanIAC) under its rules. You and we waive the right to a jury trial.

Class/Representative Actions Waiver. Disputes must be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Opt‑Out. You may opt out of arbitration by sending written notice within 30 days of first agreeing to these Terms.

26) Termination

We may suspend or terminate your access to the Site or Services for any violation of these Terms or applicable law. You may stop using the Site or Services at any time. Sections that by their nature should survive termination do survive (e.g., IP, payments, warranty disclaimers, limitations of liability, indemnities, dispute resolution).

27) Changes to These Terms

We may update these Terms from time to time. The "Last updated" date indicates the latest revision. Your continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.

28) Notices

All legal notices must be sent by email only to [email protected]. We may provide notices to you via email to the address associated with your account or order.

29) Miscellaneous

These Terms are the entire agreement between you and us regarding the Site and Services and supersede prior agreements. If any provision is found unenforceable, the remainder will remain in effect. No waiver is effective unless in writing. You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger or asset transfer.