Terms of Service

These terms govern your use of BackflowFiled, a business name of Ethan Kerr, sole proprietor, 425 Simcoe Street, Victoria, BC (“we”). They apply whenever you use BackflowFiled, whether or not you have an account. Creating an account — or using any part of the service without one, including the free compliance audit and the gauge tracker — means you agree to them.

1. What BackflowFiled does

BackflowFiled records the inspections and tests you perform, renders them onto the form the relevant authority requires, delivers those documents to the recipients you nominate, and schedules reminders for the next required test.

2. What BackflowFiled does not do — read this one

You are the certified professional. We are not.

BackflowFiled does not perform tests, does not inspect anything, and does not exercise professional judgment. Every reading, observation, pass or fail result, and signature in a document we produce comes from you. You remain solely responsible for:

• performing the test correctly and holding the certification required to do so;
• the accuracy and completeness of everything you enter;
• reviewing each document before it is issued or filed; and
• your own compliance with the bylaws, codes and standards that apply to your work.

We take care to reproduce authority forms faithfully and to calculate deadlines correctly, and we correct errors promptly when we find them. But we do not warrant that a document we produce will be accepted by any authority, or that a deadline we display is the operative one in your circumstances. Regulations change, authorities interpret them differently, and the responsibility for knowing the rules that apply to your licence stays with you.

If you see something in a form, a citation or a deadline that looks wrong, tell us. We would much rather hear it.

3. Filing is partly yours

Where an authority accepts a document by email, we can send it for you, and we record who it went to and when. Where an authority requires a submission through its own portal — as the Capital Regional District does for a failed device under Bylaw 3516 s.7.3 — we cannot file it for you. We produce the document and show you the deadline; making that submission is yours.

4. Your data is yours

You own the records you put into BackflowFiled, including information about your customers. We hold it on your behalf. You can download any report we produce at any time, and ask us for an export of the rest. We handle it as described in our Privacy Policy.

You confirm that you have the right to give us your customers' contact details for the purpose of producing their documents and sending them the reminders the regulation requires.

5. Managed services

If you buy the done-for-you service, we perform administrative work on your behalf: loading your records, producing documents from information you supply, filing them where filing is something we can do, and running your reminder programme.

This does not change section 2. We are performing clerical and administrative work from the readings and results you give us. We do not verify, and cannot verify, that a test was performed correctly. You remain the certified professional of record on every document.

6. Payment

Prices are as shown on our site, in the currency shown with each price, and are charged in that currency wherever you are. The watch is one year, paid once, and does not renew by itself: 30 days before it ends we email you a link to renew, and nothing is charged unless you use it. The records sheet is paid once. A plan billed monthly renews each month until you cancel; you can cancel at any time and it runs to the end of the month you have paid for.

Refunds are set out per product on our refunds page, which forms part of these terms.

Founding prices, where offered, are honoured for as long as your subscription remains active and uninterrupted.

7. Availability

We work to keep BackflowFiled available and we do not promise that it always will be. Where the service is unavailable, your records remain yours and you can ask us for an export.

Because your obligations have deadlines, you should not rely on BackflowFiled as your only record that a deadline exists. Keep your own copies of anything you must be able to produce.

8. Acceptable use

Don't use BackflowFiled to produce a document for a test that was not performed, don't sign as a tester you are not, and don't attempt to access another firm's records. We will close accounts that do.

9. Limitation of liability

To the extent the law allows, our total liability to you for any claim arising out of or relating to BackflowFiled is limited to the greater of (a) the amount you paid us in the twelve months before the claim arose and (b) US$250. This applies whether or not you have paid us anything.

We are not liable for indirect or consequential losses, including lost profits, lost business, fines or penalties imposed by an authority, or the loss or suspension of a licence or certification.

Nothing in these terms limits liability that cannot be limited by law.

10. If you own or manage buildings

The free audit, the records sheet and the watch are information: each building's water authority, the rule it publishes and the dates that follow from what you tell us. They are not legal advice and not an inspection. We do not test devices; certified testers do. The duty to have each device tested and each report received on time stays with the owner the bylaw names. We read each rule from the authority's own documents and say where we found it, and we do not warrant that a date we show is the operative one if the authority applies its rule differently or a date you gave us is wrong. Section 9 applies to you as it does to a tester.

11. Ending the agreement

You can close your account whenever you like. We can close yours if you breach these terms, and we will tell you why. Sections 2, 3, 4, 9, 10 and 12 survive.

12. Governing law

These terms are governed by the laws of British Columbia and the laws of Canada that apply there. The courts of British Columbia have jurisdiction.

13. Contact

BackflowFiled, a business name of Ethan Kerr, sole proprietor
425 Simcoe Street, Victoria, BC V8V 4T3, Canada
help@backflowfiled.com