Legal
Terms of Service — Starise Lighting Inc.
This Installation Agreement ("Agreement") is entered into between Starise Lighting Inc. ("Starise") and the Client identified in the approved proposal.
By signing the proposal, approving electronically, approving by email or text message, authorizing financing, scheduling installation after quote approval, or remitting any deposit or payment, Client acknowledges that they have received or had access to these terms, have had the opportunity to review them, and agree to be bound by this Agreement to the fullest extent permitted by law. This Agreement applies to both residential and commercial properties unless otherwise specified in writing.
Contents
Section 1
"System" means all lighting fixtures, tracks, wiring, controllers, mounting hardware, and related materials supplied by Starise.
"Substantial Completion" means the System is installed and operational for its primary lighting function.
"Defect" means a verified manufacturing fault that prevents normal lighting operation under ordinary use.
Section 2
Starise shall supply and install the System strictly in accordance with the written proposal. Only items expressly listed in the proposal are included.
Excluded unless specifically stated in writing:
If concealed damage, structural weakness, inadequate backing, electrical deficiencies, or unsafe conditions are discovered, work will pause pending written change order approval. Starise reserves the right to refuse continuation where conditions are unsafe.
Section 3
Starise may suggest that a permit could be required based on project scope. However, Starise does not assume responsibility for determining whether a permit is legally required.
Client is solely responsible for:
Starise will not independently initiate or pull permits unless expressly agreed in writing. Failure to obtain required permits is the sole responsibility of Client. Client agrees to indemnify and hold harmless Starise for fines, penalties, enforcement actions, or compliance issues related to permit requirements unless Starise explicitly agreed in writing to obtain the permit.
Section 4
Client acknowledges that Starise does not warrant pre-existing structural or electrical integrity.
Client assumes risk for:
Client must provide safe and unobstructed access to all required work areas. Trip charges may apply if site access is restricted or unsafe.
4.1 Client Responsibilities Before Installation
Before the scheduled installation date, Client is responsible for ensuring the property is ready for safe and efficient work, including:
If Starise determines that specialized equipment, tools, lifts, scaffolding, rentals, or other access support is required to safely complete the work, Starise will discuss the requirement and any related additional cost with the Client before proceeding. Unless otherwise agreed in writing, such additional cost is the Client's responsibility and will not be absorbed by Starise.
Section 5
Installation dates are estimates only and subject to:
Starise is not liable for scheduling delays beyond reasonable control.
Section 6
The deposit is refundable only if a written refund request is received within 10 days of the deposit payment and more than 48 hours before the scheduled installation date. Once either cutoff passes — whichever occurs first — the deposit becomes non-refundable due to material allocation and scheduling commitments. Full balance is due upon Substantial Completion.
Financing, where available, is offered through Humm and not through Stripe. Starise may advertise 0% financing options for qualified customers, subject to Humm approval, Humm account terms, and any applicable eligibility requirements. Starise is not the lender and does not control Humm approval decisions.
Substantial Completion occurs when the System powers on and performs primary lighting functions. Minor cosmetic preferences do not delay payment.
Late payments may accrue interest at 2% per month. Starise retains ownership of materials until paid in full and reserves the right to pursue lien remedies where permitted by law.
Except for the deposit refund window described above, all payments made to Starise Lighting Inc. are final and non-refundable. By proceeding with a quote, deposit, or final payment, the Client expressly acknowledges and agrees that, outside that deposit refund window, no refund will be issued under any circumstance, including but not limited to: change of mind, dissatisfaction with colour output or aesthetic preference, sale of property, or discontinuation of use. See Section 20 for the full Refund Policy.
Section 7
7.1 Coverage
Warranty coverage is limited strictly to repair or replacement of defective components at Starise's sole discretion. Labour beyond ninety (90) days is billable.
7.2 Transferable Under Conditions
This warranty may be transferred to a subsequent homeowner at the original installation address, subject to the conditions below. Before any transfer takes effect, the System must be inspected, tested, and diagnosed by Starise to confirm it is functioning to specification. If the System passes inspection and is found to be up to specification, the remaining warranty coverage transfers to the new homeowner for the balance of the original warranty term. If the inspection identifies defects, damage, unauthorized modifications, or any condition outside specification, the warranty will not transfer until those issues are resolved at the Client's or new homeowner's expense. A diagnostic and inspection fee (see Section 8) applies to any warranty-transfer request. The warranty remains tied to the original installation address and does not transfer to a different property. Any lease, corporate restructuring, or change of ownership that has not completed this inspection-and-transfer process voids warranty coverage.
7.3 Notice Requirement
As a strict condition of warranty coverage, Client must provide written notice of any alleged defect within 30 days of discovery. Claims submitted more than 6 months after the issue first became apparent are invalid.
Notice must describe the issue in reasonable detail, include photo or video evidence where applicable, and be delivered in writing to Starise. Failure to provide written notice within 30 days constitutes waiver of warranty coverage for that issue. Client must provide inspection access within 14 days of notice — failure to provide access voids the related warranty claim.
7.4 Exclusions
Warranty does not cover:
7.5 Price Match — No Warranty
Where Starise agrees to match or beat a competitor's price as an accommodation to Client, no warranty of any kind is provided — express or implied — including but not limited to warranty on components, installation workmanship, or materials. Price-matched installations are provided strictly on an "as-is" basis. Starise's obligation is limited solely to completing the installation. All warranty provisions in this Section 7 are expressly waived and void for any installation performed under a price-match arrangement. Client acknowledges and agrees to this condition prior to proceeding with any price-matched quote.
Section 8
All on-site service visits, inspections, troubleshooting appointments, and non-warranty support are billable. Service call fees begin at $150.00 plus applicable taxes and may increase based on:
Starise reserves the right to adjust service rates from time to time to reflect operational costs and workload demands.
If a verified manufacturer defect covered under warranty is confirmed, Starise may, at its sole discretion, credit the base diagnostic portion of the service fee. If no warrantable defect is identified, the service fee remains payable. Replacement components not covered under warranty and additional labour are billed separately.
Section 9
For commercial properties:
Section 10
Products are sourced from third-party manufacturers. In the event of recall, discontinuation, or widespread defect, Starise's obligation is limited to replacement of affected components subject to manufacturer remedy policies. Starise is not responsible for consequential damages, loss of use, or aesthetic variation from substitute components.
Section 11
To the maximum extent permitted by law, Starise's total aggregate liability shall not exceed the total contract amount paid. Starise shall not be liable for indirect, incidental, special, punitive, or consequential damages including lost profits or diminished property value.
Section 12
Client agrees to indemnify and hold harmless Starise from claims arising from:
Section 13
Starise is not liable for delays caused by weather, supply chain disruption, labour shortages, regulatory delays, or events beyond reasonable control.
Section 14
All disputes shall be resolved by binding arbitration in Alberta. Client waives participation in class action proceedings. Each party bears its own legal fees unless determined otherwise by the arbitrator.
Section 15
This Agreement supersedes all prior communications. No verbal statements or marketing materials modify this Agreement. Amendments must be in writing signed by both parties.
Section 16
16.1 Methods of Acceptance
Client accepts this Agreement by any of the following actions: signing a proposal or contract, approving a quote electronically, approving by email or text message, authorizing financing, authorizing or remitting a deposit or other payment, scheduling installation after quote approval, or otherwise instructing Starise to proceed with the work.
16.2 Deposit as Agreement to Terms
To the fullest extent permitted by law, sending, transmitting, authorizing, or remitting a deposit to Starise constitutes confirmation that Client has read, understood, and agreed to this Agreement, including the payment terms, cancellation policy, refund policy, warranty limitations, site access requirements, and any other terms incorporated into the approved proposal. A deposit is not merely a reservation payment; it is an acceptance of the quoted work and the terms governing that work.
16.3 Opportunity to Review
Client confirms that they had the opportunity to ask questions, request clarification, and review the proposal and these terms before submitting any deposit or payment. Client further confirms they are authorized to approve work at the installation property.
16.4 Electronic Records
Client agrees that electronic approvals, email confirmations, text message confirmations, payment records, financing records, and other electronic records may be used as evidence of acceptance and may have the same practical effect as a handwritten signature, subject to applicable law.
Section 17
Starise will exercise reasonable care during installation. Client acknowledges that minor cosmetic disturbances may occur including small fastener penetrations or minor surface marks consistent with exterior installations.
Starise shall not be responsible for:
Claims for cosmetic concerns must be made in writing within 7 days of Substantial Completion. Failure to provide written notice within 7 days constitutes acceptance of installation condition.
Section 18
Client agrees to take reasonable steps to mitigate damages upon discovering any issue. Continued operation of the System after noticing a problem may void related claims.
Section 19
Client may not assign this Agreement or any warranty rights without written consent of Starise. Starise may assign this Agreement to an affiliated entity.
Section 20
20.1 No-Refund Policy
Except for the deposit refund window described in Section 20.1a (and Section 6), all payments made to Starise Lighting Inc. are non-refundable. Subject only to that deposit refund window, this policy applies to deposits, partial payments, and final balances regardless of the reason for the refund request.
20.1a Deposit Refund Window
A deposit is refundable only if a written refund request is received within 10 days of the deposit payment and more than 48 hours before the scheduled installation date. Once either cutoff has passed — that is, more than 10 days after payment, or within 48 hours of the scheduled install date, whichever occurs first — the deposit becomes non-refundable. This window applies to the deposit only; partial payments and final balances remain non-refundable as set out in this Section.
20.2 Non-Refundable Circumstances Include, But Are Not Limited To
Subject to the deposit refund window in Section 20.1a, the following do not qualify for any refund of partial payments or final balances, and do not qualify for a deposit refund once the deposit refund window has closed:
20.3 Completed Work
Once installation is complete and the System has achieved Substantial Completion as defined in Section 6, no refund, credit, discount, or price adjustment of any kind will be issued. The Client's sole remedy for defective workmanship or product failure is repair or replacement as outlined in Section 7.
20.5 Chargebacks & Disputes
The Client agrees not to initiate a chargeback, payment reversal, or credit card dispute in lieu of the refund process. Any chargeback initiated will be contested in full and may result in collection action, lien proceedings, or legal proceedings for the full contract value plus applicable fees and interest.
20.6 Acknowledgement
By accepting a quote, submitting a deposit, or making any payment to Starise Lighting Inc., the Client confirms they have read, understood, and agreed to this Refund Policy in its entirety.
Section 21
21.1 Quote Validity
All quotes issued by Starise Lighting Inc. are valid for 30 days from the date of issue. After 30 days, the quote expires and Starise reserves the right to reprice the project based on current material costs, labour rates, and availability. A new quote will be required.
21.2 Material Cost Increases
If material costs increase between the date of quote acceptance and the scheduled installation date due to supplier price changes, import duties, exchange rate fluctuation, or supply chain disruption, Starise reserves the right to pass the increase to the Client with written notice. The Client may accept the adjusted price or cancel, in which case the cancellation policy in Section 22 applies.
21.3 Scope Changes
Any Client-requested change to the agreed scope of work after deposit is subject to a written change order and may result in additional charges. Work will not proceed on scope changes until the change order is accepted and any additional deposit is received.
21.4 Special Equipment & Access Charges
If site conditions require a lift, scaffolding, specialty tool, rental equipment, additional access equipment, or other item not included in the original written proposal, Starise will notify the Client before using or renting such equipment. Work requiring the additional item will not proceed until the Client is advised of the added cost and provides approval. Unless otherwise agreed in writing, the Client is responsible for the full additional charge.
Section 22
22.1 Client-Initiated Cancellation
If the Client cancels this Agreement at any point after deposit, the following applies. These provisions are subject to the deposit refund window in Section 20.1a — where that window still applies, the deposit is refundable as described there and is not forfeited:
22.2 Starise-Initiated Cancellation
Starise reserves the right to cancel this Agreement at its sole discretion at any time prior to installation commencement. In such case, any deposit paid will be refunded in full and Starise shall have no further obligation to the Client.
Section 23
23.1 Consent to Photography
Client grants Starise Lighting Inc. a perpetual, irrevocable, royalty-free, worldwide licence to photograph and video record the installed System and the exterior of the property for the purposes of marketing, advertising, portfolio display, social media, and promotional materials.
23.2 No Compensation
Client is not entitled to any compensation, royalty, or credit in exchange for Starise's use of such photos or videos. Starise is not required to identify the property address or Client name in any published material.
23.3 Opt-Out
If the Client does not consent to photography, they must notify Starise in writing prior to installation. Verbal requests to not be photographed will not be honoured unless confirmed in writing.
Section 24
24.1 Ownership or Authority
By accepting this Agreement, the Client represents and warrants that they are the registered owner of the property, or have obtained full written authorization from the property owner to commission this installation. Starise shall not be required to verify ownership independently.
24.2 HOA & Strata Approval
If the property is subject to a homeowners association, strata corporation, condo board, or similar governing body, the Client is solely responsible for obtaining all required approvals prior to installation. Starise is not responsible for any fines, removal orders, or non-compliance notices issued by such bodies. No refund will be issued on the basis of HOA or strata disapproval.
24.3 Landlord & Tenant
If the Client is a tenant, they represent that they have obtained written landlord consent for the installation. Starise bears no liability for disputes between landlord and tenant arising from the installation.
Section 25
If the Client fails to remit payment in full within 30 days of the invoice due date, Starise reserves the right to attend the property and remove all installed components of the System, including fixtures, wiring, tracks, controllers, and mounting hardware.
The Client shall not obstruct, interfere with, or prevent Starise's access for removal purposes. Any damage caused by removal of the System due to non-payment is the sole responsibility of the Client.
Starise may pursue all available legal remedies concurrently with or in lieu of removal, including but not limited to builder's liens, collections, and civil action for the full contract amount plus costs and interest.
Section 26
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. The parties irrevocably attorn to the exclusive jurisdiction of the courts of Alberta for any matter not resolved through arbitration under Section 14.
Section 27
27.1 Severability
If any provision of this Agreement is found to be invalid, unenforceable, or void by a court or arbitrator of competent jurisdiction, that provision shall be deemed severed and the remainder of the Agreement shall continue in full force and effect as if the severed provision had never been included.
27.2 No Waiver
Starise's failure to enforce any provision of this Agreement on one or more occasions shall not constitute a waiver of that provision or of the right to enforce it in the future. No waiver is effective unless made in writing and signed by an authorized representative of Starise Lighting Inc.
Section 28
28.1 Third-Party Software
The lighting control application provided to Client for managing their installed LED system (including but not limited to the Gouly app) is a third-party product that is independently developed, maintained, and operated. Starise Lighting Inc. does not own, operate, or control this application.
28.2 No Responsibility for Data Collection
Starise has no knowledge of, access to, or control over what personal data, device information, usage data, location data, or any other information the third-party app may collect from Client's devices or accounts. Starise makes no representations or warranties regarding the app's data practices, security, or privacy compliance.
28.3 Client Responsibility
By downloading and using the third-party lighting control application, Client agrees to that application's own terms of service and privacy policy. Starise is not a party to any agreement between Client and the third-party app developer and bears no liability for any data breach, data collection, unauthorized access, or any other incident arising from Client's use of the application. Gouly's Privacy Policy can be reviewed at gouly-led.com/legal/privacy-policy.html.
28.4 App Availability
Starise does not guarantee the continued availability, functionality, or compatibility of any third-party application. Changes to or discontinuation of the third-party app are outside Starise's control and do not constitute grounds for a refund, cancellation, or any claim against Starise.
Section 29
29.1 Service Communications
Client authorizes Starise to contact them by phone, email, text message, or similar electronic communication for transactional and service-related purposes, including quote follow-up, scheduling, deposit and payment reminders, installation updates, service appointments, warranty matters, support requests, and other communications directly related to the Client's project or account.
29.2 Marketing Communications
Starise may send marketing, promotional, seasonal, referral, review-request, or re-engagement communications only where permitted by applicable law or where Client has provided consent. Client may withdraw consent to marketing communications at any time.
29.3 Unsubscribe & Contact Information
Where required, commercial electronic messages will identify Starise Lighting Inc. and provide a method to unsubscribe or request removal from marketing communications. Unsubscribing from marketing messages does not prevent Starise from sending transactional or service-related communications necessary to complete, manage, collect payment for, or support the Client's project.