TERMS OF SERVICE
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 Fashion By Law 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 Fashion By Law via the Internet, telephone, facsimile or mail. Your order may not be modified after it is submitted, except upon prior authorization by Fashion By Law. After you receive this prior authorization, a modification to the order is valid only after Fashion By Law 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 Fashion By Law 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 Fashion By Law, 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 Fashion By Law. The choice between these two remedies, as to which one is most appropriate for the situation, will be made at the sole discretion of Fashion By Law.
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. Fashion By Law, its contractors, agents, employees, officers, directors and affiliates, are neither responsible nor liable in any way for correctness of search results.
5. WE WILL NOT GIVE YOU LEGAL ADVICE UNLESS YOU HAVE RETAINED US IN A LEGAL CAPACITY AND NOT SIMPLY FOR CORPORATE SERVICES SUCH AS CONSULTING.
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, reservation, or use of that business or corporate name.
7. When using our service, you will be acting as your own ENTITY. By providing you with the service, neither Fashion By Law, nor its advisors, agents, employees, or representatives, are providing any legal or professional advice or service. Additionally, Fashion By Law 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. If you wish to authorize Fashion By Law Legal Counsel to be retained by you in a legal capacity you must enter into an official legal retainer with Fashion By Law.
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: Fashion By Law, 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 Fashion By Law may obtain and exchange such personal information as may be required by the Fashion By Law in connection with your account. I consent to the treatment of the personal information according to the Fashion By Law 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.