TERMS OF SERVICE AGREEMENT
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. Refund
is available only if we are not able to complete your 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 itís agents.
Once government fees have been paid, no refund is
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
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
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,
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
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
set forth in this Agreement. By using our services you automatically accept
the terms of this Agreement.