Terms of Service

1. Acceptance of these terms

By browsing this website, sending an enquiry through the contact page or instructing Ryu Associates Inc. to begin work, you accept these Terms of Service. Acceptance may be given by conduct, for example by continuing to use the website after a notice of change, or by a written signature on a scope document.

If you accept these terms on behalf of an organisation, you confirm that you have authority to bind that organisation. If you do not have that authority, please pass the terms to a person who does before any work begins.

These terms apply in addition to any privacy notice published on the site. Where a conflict arises between these terms and a signed engagement document, the signed document prevails for the matters it addresses.

2. Definitions

Company means Ryu Associates Inc., with its office at 42 Leckie Ave, Stoney Creek - L8J 2S7, Canada (CA).

Client means the person or organisation that engages the Company for a service.

Services means the creek survey and computer systems design work described on this website and in a scope, including restoration planning, erosion audits, stormwater mapping, riparian planting schemes, flow monitoring and grant drafting.

Deliverable means a plan, map, report, chart, database, software tool or other output produced for a client.

Field record means a measurement, note or photograph captured during a survey visit.

Site means the property or reach where survey work is carried out.

Scope means the written description of work, schedule and fee agreed for an engagement.

3. Use of the website

This website is provided for information. You may read the pages, print a copy for personal or internal business use and link to a page from another site. You may not copy large portions of the content into another publication, resell the content, or present it as your own work.

You agree not to interfere with the operation of the site, not to attempt to gain unauthorised access to any system, and not to use the contact form to send unlawful, threatening or misleading material. Automated scraping of the site for commercial purposes is not permitted without written consent.

We may change, suspend or withdraw any part of the website at any time. We try to keep the site accurate, but a page may fall out of date between reviews. The version of a document that governs an engagement is the version delivered to the client, not a page cached elsewhere.

The contact form on the site opens a draft in your own email application. You are responsible for reviewing that draft before you send it, including checking that the address and the content are correct.

4. Our services

Ryu Associates Inc. provides creek survey and watershed consulting as described on the services page, together with the computer systems design work that supports it. The six named services are creek restoration plans, erosion audit walks, stormwater mapping sessions, riparian planting schemes, flow monitoring weeks and grant application drafts.

Each service is delivered by a named team member who is accountable for the file. We may bring in a specialist, such as a structural engineer or a vegetation specialist, where a scope requires expertise outside our own practice. We remain responsible for coordinating that contribution and for the quality of the final deliverable.

We do not provide construction services, and we do not act as the engineer of record for a structural design. Where a plan requires a certified design, we say so in the scope and identify who will provide it.

5. Engagements and scopes

An engagement begins when a scope is agreed in writing. The scope sets the boundary of the reach, the services to be delivered, the schedule, the fee and the assumptions on which the estimate rests.

A change to the boundary, the schedule or the services is handled as a variation. We will describe the effect on the fee and the timetable before the change is made, and no variation takes effect until the client accepts it in writing.

Where the scope relies on information the client has not yet supplied, such as a property boundary or a drainage record, the schedule starts from the date that information arrives. We will tell the client as soon as we know that a missing item will delay the work.

6. Fees and payment

Fees are quoted in Canadian dollars and may be fixed for a defined scope or charged on a time and materials basis when the scope is still being shaped. A fee range published in a proposal is an estimate unless the document labels it as fixed.

Unless a scope says otherwise, invoices are issued at the milestones set out in the engagement and are payable within thirty days. We may ask for a deposit before field work begins, particularly where the work requires equipment hire or travel.

Late payment may attract interest at the rate stated on the invoice, calculated from the due date. If an invoice remains unpaid after a written reminder, we may suspend work and withhold delivery of unfinished documents until the account is settled, subject to any right the client has to dispute a charge in good faith.

Disbursements such as permits, laboratory analysis or equipment hire are passed on at cost with the supporting receipt. Taxes are added where the law requires them.

7. Client responsibilities

The client agrees to provide accurate information about the site, the ownership of the land on both banks and any known hazard. The client also agrees to identify a single point of contact who can answer questions during the engagement.

Where a survey depends on access that the client has promised, the client is responsible for securing that access before the field date. If access is refused by a landowner, the client will tell us promptly so the scope can be adjusted.

The client is responsible for decisions made on the basis of a deliverable. We provide professional advice and measured evidence, but the decision to fund, build or defer a restoration project belongs to the client and its approving body.

8. Field access and safety

Field work takes place on land that may be wet, steep or unstable. We plan every visit with a written hazard review and we stop work when conditions become unsafe. A crew member may refuse to enter a site that presents an unacceptable risk, and we will explain the reason to the client.

The client confirms that it has obtained any permission needed for the crew to enter the site and that it has disclosed known hazards such as buried services, unstable structures or aggressive animals. Where a site is private, the client arranges the consent of the landowner.

We do not remove vegetation, alter a channel or install equipment beyond the scope without written agreement. Any temporary marker we place is recorded and removed at the end of the engagement unless the client asks us to leave it for monitoring.

Photographs taken during a visit are part of the field record. We avoid capturing identifiable people unless they have agreed, and we review images before they enter a public report.

9. Deliverables and ownership

On full payment, the client receives a licence to use the deliverables for the purpose described in the scope, including the right to publish a plan adopted by a municipal council. Ownership of the final documents transfers to the client on payment, while the underlying methods and generic tools remain the property of Ryu Associates Inc.

We deliver files in open formats wherever possible, together with a short guide that explains the structure. The client may keep a copy of the working file and may share it with another consultant. If the client asks us to transfer the working file, we will do so for a modest handling fee.

We ask that a published document credits the studio and the field team. Credit is not a condition of use, but it helps a small practice continue its work and it tells a reader who stands behind the measurements.

10. Survey accuracy and limits

A survey is a record of conditions on the days it was carried out. A creek changes, sometimes within a single storm, and a plan prepared from a dry season walk may not describe a channel after a flood. We state the survey dates in every deliverable so that a reader can judge the record against the conditions they know.

Measurements are taken with instruments suited to the task and are recorded to a stated precision. Where a reading is an estimate, the deliverable labels it as an estimate. We do not present a modelled value as a measured one.

Where a plan relies on a hydraulic model or a hydrological estimate, the assumptions are listed in an appendix. The model is a tool for comparing options, not a guarantee of future water levels.

11. Software and systems

Where an engagement includes a field form, map viewer or reporting tool, the client receives a perpetual right to use that tool for its own watershed work. The tool is fitted to the clients structure of consent and ownership, and it is not offered as a public product.

We provide a short guide and a training session for the people who will use the tool. We support the tool for ninety days after delivery and offer a maintenance arrangement after that period. Support does not cover a change to an unrelated system on the clients network, although we will help diagnose an integration problem where we can.

The client is responsible for its own network, devices and data backups once a tool is installed. We test a tool before delivery, but we cannot guarantee that it will run on every device a client may later use.

12. Confidentiality

Each side agrees to keep the other side confidential information private and to use it only for the engagement. This covers scopes, fees, internal reports and any information marked as confidential.

The obligation does not apply to information that is already public, that a party develops independently, or that the law compels a party to disclose. Where disclosure is compelled, the party will give the other side notice where it lawfully can, so that a protective step can be taken.

The obligation continues for three years after an engagement ends. A client may share a deliverable with its funders, its council and its professional advisers without asking us first, provided the share is for the purpose of the project.

13. Intellectual property

The text, layout, code and graphics on this website belong to Ryu Associates Inc. unless a credit says otherwise. You may not reproduce a substantial part of the site without written consent.

The methods we use, the templates we have developed and the generic components of our software remain our property. A client receives the right to use the deliverables and tools as described in these terms, but not the right to resell our methods as a competing service.

If a client supplies material such as a photograph or a map, the client confirms that it has the right to share it. We may use a public project as a case study only after the client agrees, and we will not name a private client in marketing material without permission.

14. Third party materials

A deliverable may include data from a municipal open data portal, a conservation authority dataset or a licensed base map. These materials carry their own terms, and the client is responsible for complying with them when the deliverable is published.

We identify a third party source wherever we use one, and we do not remove an attribution requirement. If a source changes its terms, the client may need to update a published document, and we will advise on the best way to do so.

Links from this website to another site are provided for convenience. We do not control the destination and we are not responsible for its content, availability or privacy practices.

15. Privacy

Our handling of personal information is described in the Privacy Policy published on this site. The Privacy Policy forms part of these terms by reference, and a client engagement may add further instruction about the handling of survey records.

Where we act as a processor for a client, we follow the clients documented instructions and we tell the client promptly if an instruction appears to conflict with applicable law. Where we act as a controller, for example in our own enquiries and accounting, we apply the standard set out in the Privacy Policy.

We ask that a client does not send sensitive personal information through the general contact form. A document containing health details or financial account information should be shared through a secure channel arranged with the office.

16. Warranties and disclaimers

We warrant that the services will be delivered with the skill and care reasonably expected of a professional survey and design practice, and that the people assigned to an engagement are competent for the tasks they perform.

Except for that warranty, the services and the website are provided as they are. We do not warrant that the website will be uninterrupted or free of error, that a field tool will suit a device we have not tested, or that a restoration plan will achieve a specific ecological outcome. A creek is influenced by weather, land use and many forces outside the control of any consultant.

Nothing in these terms excludes a warranty or condition that cannot be excluded under applicable law, including a consumers statutory rights where the client is a consumer.

17. Limitation of liability

To the extent permitted by law, neither side is liable for indirect or consequential loss, such as lost profit or lost opportunity, arising from an engagement or from use of the website.

Our total liability for an engagement is limited to the fee paid for the service that gave rise to the claim, or to the amount recovered under our professional insurance, whichever is greater. We hold professional liability insurance and we will provide a certificate on request.

The limitation does not apply to fraud, wilful misconduct or a liability that cannot be limited by law. If a claim is brought more than two years after the deliverable was issued, it is time barred to the extent the law allows.

Each side will take reasonable steps to reduce a loss once an issue is known, and will tell the other side promptly so that a remedy can be found before the problem grows.

18. Indemnity

The client agrees to indemnify Ryu Associates Inc. against a claim arising from information the client supplied that was inaccurate or from a failure by the client to secure a permission it promised. This includes a claim by a landowner whose consent was not obtained.

The Company agrees to indemnify the client against a claim that a deliverable infringes a third party intellectual property right, provided the client used the deliverable as intended and told us promptly about the claim.

An indemnity under this section is subject to the party seeking it giving prompt notice, reasonable cooperation and control of the defence to the indemnifying party. No settlement is agreed without the other sides consent where the settlement would admit fault.

19. Suspension and termination

Either side may end an engagement by giving written notice. If the client ends the engagement, it pays for work completed and for commitments already made, such as equipment hire or a subcontract. We will deliver the records completed to that point.

We may suspend work if an invoice remains unpaid after a written reminder, if a site becomes unsafe, or if a client asks us to act in a way that would be unlawful or unprofessional. We will explain the reason for a suspension in writing.

We may end an engagement immediately if a client makes a material misrepresentation, threatens a team member or fails to provide access after a reasonable request. On termination, the confidentiality and liability provisions of these terms continue to apply.

20. Events beyond control

Neither side is liable for a delay caused by an event outside its reasonable control, such as a severe storm, a flood, a public health emergency, a power failure or a failure of a public network. The affected side will tell the other promptly and will take reasonable steps to resume the work.

Field work is especially sensitive to weather. A monitoring week may be moved if a storm makes a station unsafe, and a planting scheme may be rescheduled if the ground is frozen. A rescheduling of this kind is not a breach of these terms.

If an event continues for more than sixty days, either side may end the engagement on written notice, and the client pays for work completed to that date.

21. Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in Ontario, without regard to conflict of law rules.

If a dispute arises, the parties will first try to resolve it by discussion between the people responsible for the engagement. If that does not succeed within twenty business days, the parties will try mediation with a mediator agreed by both sides before starting a court proceeding.

The courts of Ontario have exclusive jurisdiction over a dispute that is not resolved by discussion or mediation. Nothing in this section prevents either side from seeking urgent relief from a court where a delay would cause serious harm.

22. General provisions

Entire agreement. These terms and the signed scope form the entire agreement between the parties for the services and replace any earlier discussion on the same subject.

Severability. If a provision is found to be invalid, the remaining provisions continue in force, and the invalid provision is replaced with one that comes closest to its intended effect.

No waiver. A failure to enforce a provision is not a waiver of that provision or of any other provision.

Assignment. Neither side may assign its rights under these terms without the other sides written consent, except to a successor in a merger or a sale of substantially all its business.

Notices. A notice to the Company must be sent to associates@ryuassociates.mom or to the Leckie Ave office by courier. A notice to the client is sent to the email or postal address on the scope.

Relationship. The parties are independent contractors. Nothing in these terms creates a partnership, a joint venture or an employment relationship.

Survival. The provisions on confidentiality, intellectual property, liability and governing law survive the end of an engagement.

Language. These terms are written in English, and the English version prevails over any translation prepared for convenience.

Updates. We may update these terms from time to time. A material change applies to a new engagement from the date it is published, and we will tell a client with a live engagement in a short message.

23. Contact

If you have a question about these terms or a concern about an engagement, contact the office. We read every message and we answer within two working days during the week.

Thank you for taking the time to read these terms. A clear agreement at the start of a survey leaves the team free to concentrate on the creek, which is where the real work happens.