Private Investigation by Licenced Private Investigators - Skip Tracing - Fingerprinting - Background Checks
Private Investigation by Licenced Private Investigators - Skip Tracing - Fingerprinting - Background Checks
This Agreement is between 10-8 Investigative Services (hereinafter referred to as "the Firm" or "Private Investigative Agency") located at 490 Kingston Road, Suite 302, Pickering, Ontario, Canada L1V 1A4 and you (hereinafter referred to as the "Client"). The Private Investigator(s) of the Firm are licenced and trained individuals pursuant to the provisions of the Private Security and Investigative Services Act, 2005, S.O. 2005, c. 34.
Whereas the client agree(s) to retain and employ the Firm to provide investigative services and to act as representatives advocating for the interests of the Client in combination of any the following investigative services herein and notwithstanding:
Whereas the Firm, the Private Investigator and the Client wish to enter into this electronic Agreement to which contains agreed upon terms and conditions upon which the Firm and the Private Investigator will provide investigative services to the Client.
Whereas it is understood that the Client must provide one form of governmental picture identification (i.e. Ontario Driver's Licence) attached electronically to this electronic Agreement for the positive identification of our clients as required by law.
Whereas it is fully understood that after acknowledging this electronic Agreement, the Client will receive the appropriate pricing for the appropriate investigative service(s). The client will subsequently detail, in writing their specific and particular investigative service(s) on the appropriate Request for Investigative Services Form provided by the Firm. The completion and submission of the Request for Investigative Services Form to the Firm is considered an addendum to this Agreement.
Whereas this Agreement will continue between the Firm and the Client in perpetuity until the Client cancels the services of the Firm, in writing.
1. DEFINITIONS
1.1. The terms “Client(s)”, “Private Investigation”, “Private Investigative Agency”, “Disbursements” and “Private Investigator” shall have the meaning given to such terms pursuant to Private Security and Investigative Services Act, 2005, S.O. 2005, c. 34, O. Reg. 363/07: Code of Conduct under Private Security and Investigative Services Act, 2005, S.O. 2005, c. 34 or any guidelines or rules mandated by the Ministry of the Solicitor General.
1.2. A “Limited Scope - Unbundled Services” Retainer Contract is where the Client(s) wishes to have a specific legal service or investigative service rendered in a legal action (i.e. legal letter, skip tracing, process-serving of documents, surveillance, third-party investigations, independent legal advice, affidavit and etc.). This agreement constitutes only one portion or element of a legal action, as directed by the Client(s).
2. PRIVATE INVESTIGATOR RESPONSIBILITIES AND SCOPE OF SERVICE
2.1. During the period of this Agreement, the Private Investigator and/or the Firm shall have full and exclusive authority to act on behalf of the Client(s) and, except whereas the Client(s) has provided specific alternative instructions, the Private Investigator may act on behalf of the Client(s), and bind the Client(s), into all legal proceedings and legal agreements, and take such steps as are, or may become, reasonably and necessarily required to protect and advance the legal rights, interests and duties of the Client(s).
2.2. The Client(s) acknowledges that the Private Investigator and/or the Firm are unable to guarantee success in any matter whatsoever.
2.3. The Client(s) further acknowledges that the Private Investigator and/or the Firm shall endeavour to keep the Client(s) fully informed of all activities and progress involving the matter.
2.4. The Client(s) further acknowledges that there may be periods of relative silence where there is no progress in the investigation, or the Private Investigator and/or the Firm is awaiting response from others.
3. CHANGES TO ORIGINAL AGREEMENT
3.1. If there are any changes, edits, additions or deletions are made to this electronic Agreement such changes will be mutually agreed upon by the Firm and the Client(s) and a new electronic agreement will be electronically acknowledged by the Client.
4. CLIENT(S) RESPONSIBILITIES
4.1. The Client(s) must provide on the appropriate Investigative Services Request Form provided by the Firm of all the necessary documentation and instructions to assist in the Client's investigation.
4.2 The Client MUST accompany with each and every Investigative Services Request Form ONE of the following documentation for ANY lawful skip tracing request:
If any of these items are missing from the Investigative Services Request Form, the Firm will NOT process your Investigative request for skip tracing.
4.3 The Private Investigator and/or Firm will NOT conduct any searches for any Client for "personal reasons".
4.4. The Client fully understands that the Client must be accurate and honest in the information that are provided to the Private Investigator and/or the Firm and that any omissions or inaccuracies may void this Agreement, or seriously affect the outcome of the matter or the retention of any status that the Client may obtain. The Private Investigator’s and the Firm's obligations under the Agreement are null and void if the Client knowingly provides any inaccurate, misleading or false information. Additionally, the Client financial obligations to the Firm remains the same.
5. PERSONNEL
5.1. The Client agree that the Private Investigator may delegate administrative duties to authorized partners, employees, agents and supervised students of the Firm.
6. FEES AND PAYMENT METHODS
6.1. The Client(s) agree(s) to pay for any investigative services rendered as indicated in the “Process Serving, Skip Tracing and Private Investigation Pricing” form provided from the Firm and/or accessed from the Investigative Portal of 10-8 Investigative Services.
6.2. The Client will be notified electronically of payment after the completion of an investigation or rendered investigative services by electronic invoice.
6.3. The Client can pay for investigative services by either cheque, certified cheque, bank draft, electronic funds transfer, Interac e-mail transfer, debit card, VISA, Mastercard, American Express or cash.
6.4. If the Client wishes to pay their invoice by Interac e-mail transfer, the funds are to be forwarded to: billing@defendit.ca.
6.5. All fees are subject to a mandatory Canadian government Harmonized Sales Tax (“HST”) at the rate of thirteen-percent (“13%”).
7. DISBURSEMENTS
7.1. The Firm will endeavour to incur costs on behalf of the Client as minimally as possible to ensure that unnecessary costs are not incurred. The Client will authorize the Firm to incur on behalf of the Client any out-of-pocket expenses that are reasonably incurred (“disbursements”). Disbursements may include governmental filing fees, long distance and cellular calls, travel, parking fees, printing, photocopying, faxing, postage, stationary materials, binding charges, transcripts, expert opinions, fees of agents who conduct investigations, searches, registrations, or research charges.
7.2. As disbursements are paid on the Client's behalf, the Client shall be fully responsible for reimbursing the Firm for all disbursement expenses incurred.
7.3. Furthermore, the Firm is not obliged to pay any substantial disbursements on behalf of the Client and may require the Client to provide payment, in advance. Alternatively, the Firm may instruct any service providers to bill the Client directly and in such circumstances, the Client shall pay such accounts promptly and in full.
8. ACCOUNTS
8.1. Payment of all amounts, as owed are due within seven (7) days after the issuance of an electronic invoice, statement of account or any other written notice from the Firm to the Client(s).
8.2. Amounts, on account for thirty (30) days after the issuance of an invoice, statement of account or any other written notice shall bear interest of two (2%) percent per month or twenty-four (24%) percent per annum.
8.3. Unpaid accounts that are over ninety (90) days in arrears may be referred to a collection agency and/or any other legal remedies such as reporting the unpaid debt to a credit bureau including Equifax or TransCanada Union, filing a Personal Property Security Act (“PPSA”) lien or the initiation of a civil tort action pursuant to the Rules of the Small Claims Court against the Client and/or associated business entity.
9. CONFIDENTIALITY
9.1. The Private Investigator, all agents and employees of the Firm are bound by the confidentiality requirements of the Ministry of the Solicitor General pursuant to the Private Security and Investigative Services Act, 2005. The laws protecting the Firm/Private Investigator and Client communications further ensure that information provided to the Private Investigator and/or the Firm and any employees and agents of the Firm are protected by legal privilege.
9.2. The confidential information pertaining to the Client shall be held in the strictest of confidence and shall not be disclosed to any other party unless the Client provide express consent to such a disclosure or to where disclosure is required by law.
9.3. The Client agrees to the use of electronic communications and the storage of confidential information by electronic means. The Firm and/or the Private Investigator will maintain an elevated level of security including the use of bank-grade encryption algorithms for electronic communications and information storage.
10. FORCE MAJEURE
10.1. Any failure of the Firm and/or Private Investigator to perform any terms of this Agreement because of any conditions beyond the Firm's and/or Private Investigator’s control such as, but not limited to government restrictions resulting in the change of legislation, war, civil unrest, strikes or any acts of God such as floods, fires, pandemics, explosions, tornados, hurricanes, or other severe weather conditions shall not be deemed a breach of this Agreement.
11. JURISDICTION
11.1. The Client and the Firm agree that this Agreement shall be governed and strictly interpreted and applied in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
12. AUTHORIZATION
12.1. This Agreement is binding by all parties and by clicking electronically on the "I Acknowledge and Agree to the Terms of this Agreement" the Client expressly represents and warrants that they have the full powers and authority to enter into this Agreement on behalf of the party for whom he or she purports to act and make fully effective the provisions of this Agreement.
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