Terms and Conditions

By accepting DRC Qualified Contractor status, the Contractor agrees to maintain all qualification requirements throughout the term of their participation in the CEIP program. This includes, without limitation:

• Active professional licence (APEGA or AAA) in good standing
• Valid business licences in all jurisdictions where CEIP work is performed
• General liability insurance of not less than $5,000,000
• Errors and omissions insurance of not less than $2,000,000
• Current WCB clearance certificate
• Adherence to the DRC Code of Conduct (DRCP-QCTRS-001)
• Adherence to the DRC Marketing Guidelines

The Contractor must notify DRC in writing within 5 business days of any change in qualification status, including but not limited to licence suspension, insurance lapse, WCB clearance expiry, or regulatory investigation.

The Contractor shall maintain the following insurance coverage at all times:

The Contractor must provide DRC with current certificates of insurance and WCB clearance at registration and upon each renewal. DRC must be notified within 48 hours of any change, cancellation, or lapse in coverage. Failure to maintain insurance results in immediate suspension.

The Contractor shall provide the following reports and documentation to DRC:

• Project completion reports within 10 business days of substantial completion of each CEIP project, including as-built documentation, commissioning records, and photographs.
• Energy performance data as required for post-project monitoring, including metered data, utility records, and any other information specified in the Project Agreement.
• Customer satisfaction surveys facilitated by DRC and completed by property owners following project completion.
• Insurance and licence renewals within 30 days of expiry of current documentation.
• Incident reports within 24 hours of any safety incident, property damage, or environmental incident occurring on a CEIP project site.

The Contractor acknowledges and agrees that DRC has the right to audit any and all aspects of the Contractor's CEIP work, including but not limited to:

• On-site inspections of work in progress or completed work, with reasonable notice
• Review of project documentation, financial records, subcontractor agreements, and material procurement records related to CEIP projects
• Interviews with the Contractor's personnel, subcontractors, and project stakeholders
• Verification of qualifications, including direct inquiry with APEGA, AAA, WCB, and insurance providers
• Quality assurance testing and performance verification of installed improvements

The Contractor shall cooperate fully with all DRC audits and provide requested information within the timelines specified by DRC. Unreasonable refusal to cooperate with an audit constitutes grounds for suspension.

5.1 Voluntary Termination. The Contractor may terminate their Qualified Contractor status at any time by providing 30 days' written notice to DRC. The Contractor must complete all in-progress CEIP projects and fulfill all outstanding warranty obligations prior to termination taking effect.

5.2 Termination by DRC. DRC may terminate the Contractor's Qualified Contractor status:

• Immediately, for cause, as described in the Code of Conduct Section 4.4 (Removal)
• With 30 days' notice, without cause, at DRC's sole discretion
• Automatically, upon revocation of the Contractor's APEGA or AAA licence

5.3 Effect of Termination. Upon termination, the Contractor shall:

• Immediately cease representing themselves as a DRC Qualified Contractor
• Remove all DRC branding and CEIP references from marketing materials within 10 business days
• Complete all in-progress projects unless directed otherwise by DRC
• Fulfill all warranty obligations for completed CEIP projects
• Return or destroy all DRC confidential information and property owner data

6.1 DRC's total liability to the Contractor under these Terms and Conditions, for any cause whatsoever, shall not exceed the total administration fees paid by DRC to the Contractor in the 12 months preceding the claim.

6.2 In no event shall DRC be liable for indirect, incidental, consequential, special, or exemplary damages, including lost profits, loss of business opportunity, or loss of goodwill, regardless of the cause of action.

6.3 The Contractor shall indemnify and hold harmless DRC, its officers, directors, employees, and agents from any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to the Contractor's performance or failure to perform under these Terms, the Code of Conduct, or any Project Agreement.

6.4 Nothing in these Terms limits the Contractor's liability for fraud, wilful misconduct, personal injury, or death caused by the Contractor's negligence.

7.1 Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein.

7.2 Amendments. DRC may amend these Terms and Conditions with 30 days' written notice to the Contractor. Continued participation in the program after the notice period constitutes acceptance of the amendments.

7.3 Entire Agreement. These Terms, together with the Code of Conduct, Marketing Guidelines, and any Project Agreements, constitute the entire agreement between DRC and the Contractor regarding CEIP qualification and participation.

7.4 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7.5 Assignment. The Contractor may not assign or transfer their Qualified Contractor status or any rights under these Terms without the prior written consent of DRC.