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.
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
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,
reservation, or use of that corporate name.
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 tree 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.
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