Terms & Conditions
Last Updated: June 23, 2026
Welcome to ProAct Group . These Terms & Conditions govern your access to and use of our website https://construction.proactgroup.ca/ , as well as any construction, maintenance, waterproofing, restoration, landscaping, equipment rental, labour, or related services we provide.
By accessing our Site, submitting a quote request, or engaging our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Site or Services.
1. About ProAct Group
ProAct Group provides commercial, industrial, institutional, and residential construction-related services, including but not limited to building maintenance, time and materials labour, construction labour, concrete restoration, commercial waterproofing, formwork, renovations, handyman services, landscaping, general construction labour, construction cleaning, equipment operation, and equipment rentals, across Toronto and the Greater Toronto Area (GTA).
Business Address: 10271 Yonge Street — Suite 330 Richmond Hill, Ontario
Phone: (289) 819-6733 Email: inquiries@activcon.com
2. Use of Our Website
2.1 Permitted Use
You may use our Site for lawful purposes only, including browsing our Services, requesting quotes, and contacting us. You agree not to:
- Use the Site in any way that violates applicable federal, provincial, or local laws or regulations
- Attempt to gain unauthorized access to our Site, servers, or networks
- Introduce viruses, malware, or other harmful code
- Scrape, copy, or reproduce Site content without our prior written consent
- Use automated systems (bots, scrapers) to access the Site without authorization
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
2.2 Intellectual Property
All content on this Site — including text, graphics, logos, images, photographs, videos, and the overall design and layout — is the property of ProAct Group or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written permission.
2.3 Accuracy of Site Content
We strive to keep information on our Site accurate and up to date; however, we make no warranties or representations regarding the completeness, accuracy, or reliability of any content, including service descriptions, pricing references, or images. Service descriptions are for general informational purposes and do not constitute a binding offer. All project pricing is subject to a formal, written quote.
3. Requesting a Quote
Submitting a “Request a Quote” form, contacting us by phone or email, or otherwise initiating a project inquiry does not constitute a binding contract between you and ProAct Group. A binding agreement is only formed once:
- We have issued a written quote, proposal, or estimate; and
- You have accepted that quote, proposal, or estimate in writing (including by signature, email confirmation, deposit payment, or other agreed method); and
- Both parties have agreed on the scope of work, pricing, and timeline.
We reserve the right to decline any quote request or project inquiry at our sole discretion, including where a project falls outside our service area, scope of expertise, or current capacity.
4. Scope of Services and Project Agreements
4.1 Separate Project Contracts
Each construction, maintenance, labour, or rental engagement will be governed by a separate written agreement, work order, quote, or contract between ProAct Group and the client (“Project Agreement”), which will set out the specific scope of work, pricing, payment terms, timeline, and any project-specific terms. In the event of a conflict between these Terms and a signed Project Agreement, the Project Agreement will govern with respect to that specific project.
4.2 Changes to Scope
Any changes to the agreed scope of work, materials, or timeline must be documented in writing (including by email) and may result in adjustments to pricing and project timelines.
4.3 Site Access and Conditions
Clients are responsible for providing safe, lawful, and reasonable access to the project site, including disclosure of any known hazards, underground utilities, structural concerns, or environmental conditions. Delays or additional costs arising from inaccurate site information, restricted access, or undisclosed hazards may be billed separately.
4.4 Permits and Approvals
Unless otherwise specified in a Project Agreement, it is the client’s responsibility to obtain any necessary permits, condominium board approvals, or municipal approvals prior to commencement of work, except where ProAct Group has expressly agreed in writing to obtain such permits on the client’s behalf.
5. Payment Terms
Unless a signed Project Agreement, quote, or work order states otherwise, the following standard payment terms apply to all work performed by ProAct Group:
- Deposit: A deposit of thirty percent (30%) of the total estimated project value is due prior to the commencement of work on any project exceeding $2,500 CAD. Projects under $2,500 CAD may be invoiced in full upon completion, at our discretion.
- Progress Billing: For projects extending beyond four (4) weeks, ProAct Group will issue progress invoices every two (2) weeks based on work completed and materials supplied to date, with the remaining balance due upon substantial completion.
- Final Payment: The remaining balance is due within fifteen (15) days of substantial completion of the work (“Net 15”), unless otherwise agreed in writing.
- Time and Materials / Labour-Only Work: For time-and-materials engagements and construction labour services billed hourly, invoices are issued weekly and are due within fifteen (15) days of the invoice date.
- Equipment Rentals: Rental fees are due in advance for the agreed rental period, with any additional days, damages, or overage charges invoiced upon return of the equipment and due within ten (10) days.
- Accepted Payment Methods: E-transfer, cheque, and direct bank transfer. Credit card payments may be accepted at our discretion and may be subject to a processing fee of up to 2.5%.
- Late Payments: Any invoice not paid within the applicable due date will accrue interest at a rate of two percent (2%) per month (26.82% per annum), calculated from the due date until paid in full, in addition to any other remedies available to ProAct Group.
- Suspension of Work: ProAct Group reserves the right to suspend work on any project where payment is more than fifteen (15) days overdue, without liability for any resulting delay, until outstanding amounts (including accrued interest) are paid in full.
- Construction Liens: ProAct Group reserves the right to register a construction lien against the property in accordance with the Construction Act (Ontario) for any unpaid amounts owing for work performed or materials supplied, and to pursue any other legal remedy available for non-payment.
- Taxes and Currency: All pricing is in Canadian dollars (CAD) and is exclusive of applicable taxes, including HST, which will be added to all invoices at the prevailing rate.
- Holdback: Where required under the Construction Act (Ontario), statutory holdback amounts will be applied and released in accordance with the Act.
6. Health & Safety and Insurance
ProAct Group is bonded, insured, and WSIB-covered. All work is performed in accordance with applicable Occupational Health and Safety Act (Ontario) requirements and industry safety standards.
Clients agree to:
- Provide a safe working environment and disclose any known hazards on the project site
- Restrict unauthorized personnel from active work areas during construction
- Cooperate with reasonable safety measures implemented by ProAct Group crews
ProAct Group is not liable for damages, delays, or injuries arising from undisclosed site hazards, third-party interference, or client failure to comply with reasonable safety instructions.
7. Warranties and Limitations of Liability
7.1 Workmanship Warranty
ProAct Group warrants that all labour performed will be free from defects in workmanship for a period of twelve (12) months from the date of substantial completion of the project (“Workmanship Warranty Period”). During the Workmanship Warranty Period, ProAct Group will, at its own cost, repair or correct any defect in workmanship that is reported to us in writing within the Workmanship Warranty Period, provided that:
- The defect is attributable to faulty workmanship by ProAct Group and not to normal wear and tear, misuse, lack of maintenance, third-party alteration, or pre-existing conditions; and
- ProAct Group is given reasonable access to inspect and remedy the defect; and
- The client has paid all amounts owing to ProAct Group for the project in question.
This Workmanship Warranty is in addition to, and does not replace, any rights you may have under the Construction Act (Ontario) or other applicable consumer protection legislation. Concrete restoration, waterproofing, and exterior work may carry a longer warranty period of up to two (2) years where specified in the applicable Project Agreement, given the nature of such work.
7.2 Manufacturer Warranties
Where materials or equipment used in a project carry a manufacturer’s warranty, that warranty is provided by the manufacturer and is subject to the manufacturer’s terms, not ProAct Group’s terms.
7.3 Limitation of Liability
To the maximum extent permitted by law, ProAct Group, its officers, employees, and subcontractors shall not be liable for:
- Indirect, incidental, special, consequential, or punitive damages arising from or related to our Services or this Site
- Delays caused by weather, supply chain disruptions, third-party trades, permitting delays, or other circumstances beyond our reasonable control (force majeure)
- Pre-existing structural, environmental, or property conditions not caused by ProAct Group
- Loss of use, loss of profits, or loss of business opportunity
Our total liability for any claim arising out of or related to a Project Agreement shall not exceed the total amount paid by the client to ProAct Group for the specific Services giving rise to the claim, except where prohibited by law.
7.4 Equipment Rentals
Clients renting equipment from ProAct Group are responsible for the safe and proper use of rented equipment in accordance with manufacturer instructions and applicable safety regulations. Clients are liable for damage, loss, or theft of rental equipment while in their possession, except where caused by ProAct Group’s negligence.
8. Cancellations and Delays
8.1 Cancellation by the Client
- More than 7 days before scheduled start date: Client may cancel with no cancellation fee. Any deposit paid will be refunded in full, less any non-refundable costs already incurred by ProAct Group for materials, permits, or third-party bookings made on the client’s behalf.
- Between 2 and 7 days before scheduled start date: A cancellation fee equal to fifteen percent (15%) of the total estimated project value, or the deposit amount (whichever is less), will be retained by ProAct Group to cover scheduling, crew allocation, and procurement costs.
- Less than 48 hours before scheduled start date, or after work has commenced: The full deposit is non-refundable, and the client will be invoiced for any labour performed, materials ordered or delivered, and equipment already mobilized to the site as of the cancellation date.
- Equipment Rentals: Cancellations made less than 24 hours before the scheduled rental period will be charged the full first-day rental rate.
8.2 Cancellation or Delay by ProAct Group
ProAct Group reserves the right to reschedule or delay work due to weather conditions, safety concerns, material or equipment availability, subcontractor or supplier delays, or other circumstances beyond our reasonable control (force majeure). In such cases, we will provide the client with reasonable notice (where practicable) and will work with the client to reschedule at the earliest available opportunity, at no additional cost to the client.
8.3 Rescheduling
Clients may request to reschedule a confirmed project start date with at least 48 hours’ notice at no charge, subject to crew and equipment availability. Rescheduling requests made with less than 48 hours’ notice may be subject to the cancellation fees outlined in Section 8.1.
9. Indemnification
You agree to indemnify, defend, and hold harmless ProAct Group, its officers, employees, agents, and subcontractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms or a Project Agreement
- Your violation of any law or third-party rights
- Inaccurate or incomplete information provided by you regarding the project site or scope of work
10. Third-Party Links and Services
Our Site may contain links to third-party websites or services. We do not endorse and are not responsible for the content, accuracy, or practices of any linked third-party sites.
11. Governing Law and Disputes
These Terms, and any Project Agreement entered into with ProAct Group, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
Any disputes arising out of or relating to these Terms, our Services, or a Project Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, unless otherwise specified in a Project Agreement (e.g., where mediation or arbitration is required prior to litigation).
12. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
13. Entire Agreement
These Terms, together with any applicable Project Agreement, quote, or work order, constitute the entire agreement between you and ProAct Group regarding your use of our Site and Services, and supersede any prior agreements or understandings, whether written or oral, relating to the same subject matter.
14. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated “Last Updated” date. Continued use of our Site or Services after changes are posted constitutes your acceptance of the revised Terms. Material changes affecting an active Project Agreement will only apply where mutually agreed in writing.
15. Contact Us
If you have any questions about these Terms & Conditions, please contact us:
ProAct Group 10271 Yonge Street — Suite 330 Richmond Hill, Ontario
Phone: (289) 819-6733 Email: inquiries@activcon.com