Terms of Service

PROactive Speech Therapy & Accent Modification

Terms of Service of https://www.PROactiveSpeech.com

Effective date: January 1, 2020

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services and can be found on our website at https://www.PROactiveSpeech.com/terms-of-service. Please read them carefully and reach out to us if you have any questions.

PROactiveSpeech.com (“us”, “we”, or “our”) operates the https://www.PROactiveSpeech.com website and provides: a marketplace where Independent Speech-Language Pathologists and clients can connect to receive online and/or in-person speech therapy services; invoicing and payment collection services; and technology solutions (the “Service”). PROactive Speech does not conduct or provide professional Speech Therapy services. Our Speech-Language Pathologists are all independent contractors who hold their own professional liability insurance and are registered with their Provincial Regulatory bodies.

Pricing

Refer to our page https://www.PROactiveSpeech.com/pricing-fees for all of our rates.

Cancellations

Cancellation of live sessions requires 24hrs written notice prior to the scheduled session, otherwise, the full fee will be charged (barring extenuating circumstance at the Speech-Language Pathologist’s discretion).

If technical issues occur before or during a Direct Therapy Session and it cannot be conducted or completed:

If a technical issue occurs on our end there will be no charge for the cancellation

If a technical issue occurs on your end, you will be billed the full amount.

Change of Province of Residence

Should your province of residence change during the course of services, you must inform your Speech-Language Pathologist immediately as they will only be able to continue services in your new province of residence if they are licensed in that province.

Termination

Either party may terminate this agreement at any time. Any services previously rendered will be payable immediately.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimers and Limitation of Liability

To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied in respect to our Service and you use the Service at your own risk. You agree that neither we or our Associates shall be liable for any Losses which you may sustain however arising and whatever the cause, in particular pursuant to your or any 3rd Party’s use of, access to and/or interference with the Service. You also agree that our liability to you pursuant to these Use Terms shall furthermore be limited to the total amount of the fees you paid for your Service use in the previous twelve (12) month period.

Indemnification

You agree to indemnify and hold harmless us, our contractors, and our licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement or you or a 3rd Party’s unlawful conduct, wilful misconduct and/or gross negligence

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, this Agreement and any access to or use of our Services will be governed by the laws of the province of Ontario, Canada. The proper venue for any disputes arising out of or relating to this Agreement and any access to or use of our Services will be the provincial and federal courts located in Niagara, Ontario, Canada.

Arbitration Agreement

If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Niagara and shall proceed in accordance with the provisions of the Arbitration Act Ontario. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Changes To Our Terms of Service

We may update our Terms from time to time. We will make any changes by posting the new Terms of Service on this page.

You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.