Terms and Conditions

1. Ballycatter engineering provides project management and consulting services. While every effort is made to keep up to date with regulations and industry standards, the ultimate responsibility for ensuring safe operations rests with the operating company. Users of Ballycatter Engineering agree that Ballycatter Group Inc. (hereinafter referred to as "Company") or any associated company, employee, or contractor is not to be held liable from actions taken or omitted based on their recommendations, regardless of cause. Always use sound engineering principles and follow local regulations when performing any energy project activities.

2. These terms and conditions, along with the approved Cost-Time-Resource form (hereinafter referred to as "CTR"), forms the entire agreement between the client and Ballycatter Group Inc., Suite 428, 700 8th Ave SW, Calgary, Alberta, T2P 1H2, Canada.

3. Both parties agree to indemnify and hold the other harmless from all losses, claims, liabilities, damages and costs in respect to any health, safety, or environmental impacts, irrespective of howsoever caused including negligence. Both parties agree to cooperate in the event one of the parties is in a dispute with a third party. This clause endures past the end of the specific project if such actions are a result of said project.

4. The client assumes all responsibility and liability for any and all claims, liabilities, damages or expenses (including without limitation legal costs) resulting from well, subsurface, hydrocarbon processing facility, and any associated equipment required in the execution of industrial activities, inclusive of well control incidents and pollution clean-up.

5. Pricing is based as agreed in Ballycatter Engineering (CTR) form. The total amount of the CTR is billed at the start of the contract, defined as date of CTR form approval and return. Approval by e-mail is acceptable providing it is reasonable to expect the e-mail address is from a valid business server and the person approving the CTR is authorized to do so.

6. Pricing is in USD and exclusive of any applicable sales tax (BTW / VAT / GST). Payment is to be paid within 30 days of submission of invoice, after which, standard credit card interest rates apply to any outstanding balance. In the event of an invoice dispute, the client will follow these payment terms for the undisputed portion of the invoice, while working to resolve any dispute within 14 days, after which, in the event of no mutually agreed resolution at that time, the invoiced amount is to be paid to Ballycatter Group Inc.

7. The Company agrees to keep secret all and any information in relation to the client’s operations, properties, and the client’s business generally.

8. The client shall not solicit and/or entice away any employee or contractor of Ballycatter Group Inc. for a period up to two years following the end of a project. In the event a contractor or employee of the Company is employed or contracted through another entity, the client agrees to compensate the Company the equivalent of three months revenue.

9. The Company shall retain and own any equipment, facilities, software, hardware, intellectual property, etc., acquired by itself or associated companies to support the completion of deliverables in a CTR.

10. While under contract, the Company acts, within its own business constraints, in the best interest of the client.

11. The Consultancy Company will be engaged by the Client using a CTR form. The Company will invoice the Client for the full amount of the CTR upon Client approval of the CTR.

12. Notifications and communications shall be made between the representatives who have agreed to the CTR.

13. Delivery schedule is from date contract approval is received. Delivery is based on best efforts. If service interruptions occur, client will be notified with updated planning as soon as reasonably possible.

14. The CTR defines the expectations of the contract and a Change Request (CR) will be used for any changes to a CTR by the client. A CR forms a new scope of work in addition to the original CTR and is considered an additional CTR.

15. In the event the Company is unable to fulfill its obligations in the CTR, for whatever reason, best efforts will be taken to provide the completed portion of the deliverables and issue a credit to the client proportional to the deliverables remaining. The proportional amount shall be calculated based on the ratio of deliverables uncompleted to the total number of deliverables.

16. In the event the Company is unable to fulfill its obligations in the CTR, for whatever reason, best efforts will be taken to provide the completed portion of the deliverables and issue a credit to the client proportional to the deliverables remaining. The proportional amount shall be calculated based on the ratio of deliverables uncompleted to the total number of deliverables.

17. Elements of proposals are time-sensitive, so a CTR proposal is valid for fourteen days from initial submission date.

18. If a party is subject to a force majeure event (an unforeseeable event beyond the control of a party), its obligations shall be suspended to the extent they are affected by the force majeure, provided it uses best efforts to limit the impact.