Website Hosting Services are covered by a separate Terms of Service Agreement. View here.
1. In this
Terms of Service Agreement ("Agreement"),
"you" and "your" refer to each customer.
"We," "us," and "our" refer to Business
Development Centre (a division of Centaur Group Inc.), its agents,
contractors, directors, employees, and officers. "Service," in
its singular or plural form, refers to the services provided by us.
2. An order is placed at the time it is submitted to Business Development Centre
via the Internet, telephone, facsimile or mail. Your order may not be modified
after it is submitted, except upon prior authorization by Business Development
Centre. After you receive this prior authorization, a modification to the order
is valid only after Business Development Centre receives a signed, written request
from you, via facsimile. No refunds available after we process your order.
2.1 Results
of most orders are delivered via email and/or uploaded to individual
client accounts. Please note that we have no way to verify if you have
entered a valid email address and we do not have any control over the
delivery of email messages. Your order will be deemed completed at the
time when we send you email notice and/or upload the results of the order
into your account with us. We may not monitor nor take any action with
respect to any returned or rejected emails and we
are not responsible for any lost or undeliverable emails. You
agree that you are responsible for ensuring that any email address that
you give us is accurate and up to date and will immediately provide us
with any changes to your email address. If you ever experience an unexpected
delay with your order, please contact our HelpDesk.
3. No fees paid to the governments, or to any agencies
accepting money on behalf of the governments, can be refunded under any circumstances.
All fees and money paid by the customer to the Business Development Centre
are fully earned once the order is submitted. No refunds
are available once you submit the order.
If the customer
decides to cancel the order, the customer will be entitled only to receive
a refund for government filing fees that
have not been paid to the government or it's agents. Once
government fees have been paid, no refund is possible.
If an
error is made on the part of Business Development Centre, we will make
all reasonable efforts to cure the problem, and to amend any necessary
documentation. Alternatively, we will refund the service fees paid to Business
Development Centre. The choice between these two remedies, as to which
one is most appropriate for the situation, will be made at the sole discretion
of Business Development Centre.
4. All search results are provided to us by Federal and/or Provincial
governments. Therefore, we cannot guarantee that search results are correct.
We only act as transmitters of information. Business Development Centre,
its contractors, agents, employees, officers, directors and affiliates,
are neither responsible nor liable in any way for correctness of search
results.
5. WE ARE NOT LAWYERS. WE WILL NOT GIVE YOU LEGAL ADVICE.
WE STRONGLY RECOMMEND THAT YOU CONSULT A LICENSED LAWYER
FOR LEGAL ADVICE.
6. You agree that, if the registration or reservation of your business or corporate
name is challenged, or if a dispute arises with any third party, you
will indemnify and hold us harmless. You agree that registration or reservation
of your chosen name does not confer immunity from objection to the registration.
For further clarity, the name of the business or corporation you select and/or register is your sole responsibility.
7. When using our service, you will be acting as your own lawyer. By
providing you with the service, neither Business Development Centre,
nor its advisors, agents, employees, or representatives, are providing
any legal or professional advice or service. Additionally, Business Development
Centre makes no representations, express or implied, as to the possible
legal or other consequences arising from the use of our forms or services.
All documentation provided are sample sets that may not be suitable to
your particular situation. The onus is on you to determine the appropriateness
of all sample documentation.
8. For any services that you have selected, you agree to pay us the applicable
fees. All fees are non-refundable unless we provide otherwise . We charge
interest of 2 % per month on overdue balance. $35 charge apply to NSF
cheques. All fees are subject to change.
9. You agree, during the period of this Agreement, that we may: modify
the terms and conditions of the Agreement, and also that we may change
the services offered under it. You furthermore agree that, if you continue
to use our services after you find out about any revisions to this Agreement,
you will abide by any such revisions.
10. You agree that our entire liability, and your only recourse, with
respect to any services provided under this Agreement, or to any breach
of this Agreement is solely limited to the amount you paid for such services.
We and our contractors shall not be
liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of our services,
or for the cost of arranging substitute services. We disclaim any and
all loss or liability resulting from, the following: (1) delays or interruptions
in access; (2) faulty delivery or non-delivery of data; (3) acts of God;
(4) errors, omissions, or misstatements in any information or services
provided under this Agreement; (5) interruption of your Web site or email
service. THE LIMITATIONS OF OUR LIABILITY ARE BY NO MEANS LIMITED TO
THE FOREGOING CONDITIONS. You also agree that we will not be liable for
any interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits), regardless
of the form of action. This applies to damages in contract, tort (including
negligence), or otherwise, even if we have been advised of the possibility
of such damages. In no event shall our maximum liability exceed three
hundred Canadian dollars.
11. RIGHT OF REFUSAL: Business Development Centre, at its sole discretion,
reserves the right to refuse to provide services. If we do not provide
services to you, we agree to refund your applicable fee(s). You agree
that we will not be held liable to you for losses or damages that may
result from our refusal to provide you with services.
12. SEVERABILITY: You agree that the terms of this agreement are severable.
If any term or provision is declared invalid or unenforceable, that term
or provision will be construed consistent with applicable law, to reflect
as closely as possible the original intentions of the parties, and the
remaining terms and conditions will remain in full force and effect.
13. NON-WAIVER: If we, at any time, do not require performance by you
of any provision in this agreement, it will have no effect whatsoever
on our full right to require such performance at any time thereafter.
Further, the waiver, by us, of any breach of any provision of this agreement
should not be considered a waiver of the provision itself.
14. ENTIRETY: You agree that this Agreement, and the rules and policies
published by us, are the complete and exclusive agreement between you
and Documental, regarding our services. This Agreement overrides any
previous agreements or understandings. This is true regardless of whether
those understandings take the form of established custom, policy, practice,
or precedent.
15. GOVERNING LAW: This Agreement is governed by the laws of the PROVINCE
OF ONTARIO, and will be interpreted and enforced in accordance with those
laws. Any action relating to this Agreement must be brought to the ONTARIO
PROVINCIAL COURTS, located in TORONTO, ONTARIO, CANADA.
16. You agree that Business Development Centre may obtain and exchange
such personal information as may be required by the Business Development
Centre in connection with your account. I consent to the treatment of
the personal information according to the Business Development Centre
Privacy Code.
17. ACCEPTANCE OF AGREEMENT: You acknowledge that you have read this
Agreement, and that you accept all of its terms and conditions. You also
are not relying on any representation, guarantee, or statement, other
than the ones set forth in this Agreement. By using our services you
automatically accept the terms of this Agreement.
