Terms Of Service

Terms of Service These Terms of Service (as revised from time to time by Us on written notice to You) apply to Our provision of and Your use of services under the Agreement. A current copy of Our Terms of Service is available on request or on Our website at www.cboa.ca.

1. Definitions: a. "We", "Us", "Our", “the association”, and “The CBOA” mean the Calgary Basketball Officials Association. b. "You" and "Your" mean the organization which is the requestor and recipient of the Services. c. "Force Majeure Event" means any event caused by conditions beyond Your or Our control including, but not limited to Acts of God, Government restrictions, strikes or lockouts, riots, civil disobedience and/or any other cause beyond the reasonable control of the party whose performance is affected but excludes financial ability to pay or the absence of one or more teams at the scheduled start time of a game. 2. Our Responsibilities: a. We will assign all games according to our assigning policy. b. The CBOA has established a General Assigning Policy (May 1998). Whenever assignments or appointments are made, the assignor/ appointing body will consider and balance what is: ▪ Good for the official, ▪ Good for the association, and ▪ Good for the client. 3. Your Responsibilities: a. Your requests for officials shall preferably be made by fax or e-mail. N.B. Telephone requests are acceptable but You must confirm the request by mail. b. Unless otherwise indicated, your request for officials will be invoiced to the association who You represent. N.B. If there is a different organization to be invoiced, You must provide a billing contact name, telephone number, fax, address, and e-mail address for that organization prior to those services being provided. 4. Cancellation Policy: a. If You cancel games with more than twenty-four (24) hours notice, or We are unable to provide officials on a requested date, You will not be invoiced. b. If You cancel games with twenty-four (24) hours or less notice (except in the case of a Force Majeure Event) You will be invoiced at contracted rates. 5. 5. Billing: a. You will pay Us the game rates as per the most recent Rate Schedule or as negotiated by an authorized representative of the Association. Unless otherwise agreed upon:

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You will be billed for Exhibition and League games every two months. ▪ Your tournament games will be billed by the end of the month in which they are held. b. You agree to pay Us within thirty days of the invoice date. c. If You are late in making any payment, or if Your bank returns any payment, You will reimburse Us for any collection costs that We incur. You will pay Us interest on any late payments at the lower of 2%/ month (26.85 % per annum) or the maximum rate allowed by law. d. You will review Your invoices and inform Us promptly in writing of any errors, omissions, or irregularities. You will promptly pay the undisputed portion of any invoice. If you dispute a portion of an invoice you will give us written notice within sixty (60) days of the invoice date, otherwise You will have accepted the validity of the invoice. e. We reserve the right to request advance payment for any services. 6. General Provisions: a. If any portion of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect. b. Any notices to the other party shall be in writing. Such notices shall be delivered by postal mail or courier or electronic mail and addressed to each party at the address set out in the agreement, or other such address that a party sets out in writing. Unless otherwise provided in the Agreement, all notices to Us shall be directed to Box 26025, BVPO, 205-5th Ave SW, Calgary, AB, T2P 4L2. All e-mail correspondence shall be addressed to [email protected].