Posted on October 11, 2020
These Terms and Conditions of Use, (hereinafter, the “Terms”) are effective immediately for new Users and 30 days after the above date for current Users. These new Terms supersedes all previous versions.
The following describes the terms on which Precision Paralegal Services Professional Corporation “PPSLAW” offers you access to https://www.claimez.ca and the automated claim system (https://portal.precisionparalegal.ca/smallclaims) , (collectively, the “Services”).
Account: section on the Site where you may modify your profile and see the state of your Claims.
Claim: document generated by the Site according to the information provided by the User.
Recipient: any person (natural person or legal person) that receives the Claim.
Sender: User that fills out the smartform and sends the Claim to the Recipient.
User: any person (natural person or legal person) who accepted our Terms.
TERMS AND CONDITIONS OF USE APPLICABLE FOR ClaimEZ
By using the Sites, you recognize being at least 18 years old. If you represent a business or an organization, you confirm having its mandate or the capacity to make a binding decision.
PPSLAW may change the fees and its related terms from time to time.
The fees may be changed temporarily for promotional events, and such changes are effective when we post the temporary promotional event or new service on the Site or on our promotional material.
PPSLAW uses “Stripe” to collect its Transaction fee. The accepted payment options with Stripe are the following: Visa, MasterCard and American Express. All fees are quoted in Canadian Dollars.
PPSLAW may review and modify the Services at any time and at its sole discretion by posting the changes on the Site. You agree to review the Terms from time to time to verify and understand any changes which may have occurred.
Your continued access the Site and to your Account after modifications have been made to the Services will be equivalent to your acceptance of these modifications.
RESOLUTION OF DISPUTES
The Terms are solely and entirely subject to the laws applicable in the Province of Ontario and the federal laws of Canada applicable therein. The courts of the judicial district of Ontario have exclusive jurisdiction over any dispute relating to the Terms, to the exclusion of any other jurisdiction.
You may contact PPSLAW toll-free via phone by @ 1 (866) 541-3966
These Terms sets forth the entire understanding and agreement between the User and PPSLAW with respect to the Services. The following sections survive any termination of these Terms: Fees, User’s Responsibilities and Warnings.
If any of the provisions in these Terms shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
In our sole discretion, PPSLAW may assign these Terms, by providing our Users written notice.
PPSLAW’s silence, omission, negligence and/or delay to exercise any right or recourse must never be interpreted as renunciation to exercise such right or recourse.
1) AUTOMATED CLAIM SERVICE
Our smarforms couples with our technology allows Users to create their own claim which PPSLAW will file with the Ontario Small Claims Court on the users behalf. If the user wishes to purchase one of the legal services offered à la carte, for example legal review, this service will be provided by PPSLAW.
A Ontario Small Claims Court Claim costs seventy-five dollars ($75), plus tax, per recipient.
All Disbursements such as the filing fee will be billed at cost to the User.
If you are the plaintiff:
– you are responsible for the accuracy of any information contained in the claim, including the defendant’s address, as well as the alleged facts, and you assume full responsibility for the content of this claim;
– you agree to pay PPSLAW all of the transaction costs required before the claim is sent to the courthouse;
– you understand that PPSLAW‘s deadlines are calculated in calendar days (not business days);
– you understand that PPSLAW cannot be held liable for the fact that a claim is made after the limitation period prescribed by law. The User is responsible for respecting such deadlines;
– you understand that PPSLAW is not liable for the content, the alleged facts or the extent of the claim;
– you understand that this service is simply a tool to help our Users make their legal documents themselves; and
– you understand and acknowledge that you are responsible for all the legal aspects of your claim.
If in doubt about any information, content or element in your file and / or claim, PPSLAW recommends that you consult a lawyer or a paralegal.
The plaintiff understands and recognizes that sending the claim to court does not in any way guarantee a positive outcome of the dispute which concerns him.
PPSLAW is not responsible for any inconvenience resulting from communication delays between the parties involved in the claim, nor from other legal effects suffered by the parties. PPSLAW is not responsible for à la carte legal services offered by partner firms. If PPSLAW is found to be liable by a competent jurisdiction, our liability to you or to any third party is limited to the greater of: (a) the transaction fee paid to PPSLAW, which you paid to us in the 12 months prior to the judgment date, or (b) one hundred Canadian dollars ($100 CAD).
PPSLAW cannot be held responsible for an invalid courthouse address entered by the User in the smartform, for the fact that you have chosen the wrong courthouse or the wrong jurisdiction.
PPSLAW does not carry out and is in no way responsible for transfers of money between Users in connection with any claim generated by the Site.
OPTIONAL REVIEW SERVICE FOR SMALL CLAIMS
Once the claim is completed on the virtual platform, the client has the option of paying for a legal review of their claim, with or without a phone call with the Paralegal and a preparation for the trial. The service consists of giving feedback to the client and guiding him in writing his claim. In some provinces and territories, representation in court may be available.
These services are offered Monday to Friday, 9 a.m. to 5 p.m., except statutory holidays.
Here are the à la carte services.
- The legal review costs one hundred dollars ($100), plus applicable taxes. The paralegal reviews the claim and provides comments in the form of notes.
- The legal review + telephone call costs one hundred and fifty dollars ($150), plus applicable taxes. The paralegal reviews the claim and sets up a telephone call with the client to provide comments and answer legal questions.
- The legal review + telephone call + trial preparation costs two hundred and twenty-five dollars ($225), plus applicable taxes. This service includes the above two services as well as a preparation session for the trial.
Court fees are also administered by the system whether or not an à la carte review service has been selected. Additionally, if the amount associated with your claim changes, court fees may also change and you may be billed accordingly.
This service is not refundable, unless a request to this effect is made to PPSLAW by the paralegal responsible for the review in the event that he is unable to respond to the client.
The client acknowledges that the entity providing the legal service varies; the client cannot choose the paralegal. However, the client will be notified of the identity of the legal professional providing the review.
The client acknowledges that the paralegal is not responsible for the claim that is sent to the courthouse. He also recognizes that the review services are simply there to provide assistance for drafting the claim. The client is fully responsible for its content.
In addition, paralegals who review claims do so on the basis of the information they have. If the client fails to provide information that could possibly have an effect on the obtained result, he will be held responsible.
Given the limited information communicated to the paralegal, you acknowledge that the latter cannot provide you with a complete legal opinion and that their mandate is limited in scope. The paralegal undertakes to answer you according to the information you have communicated to him and not to advise you on your entire file.
The service offered is ultimately a support to the customer, who writes his own claim.
2) EXPRESS LEGAL CONSULTATION BY PARALEGAL “Dial a Paralegal”
Access to a “hotline” with a paralegal from PPSLAW‘s legal network.
The service is offered within two hours of receiving a request sent to this effect by a client, Monday to Friday, 9 a.m. to 3 p.m., except on statutory holidays. (There are no calls from noon to 1:00 p.m.)
The service costs forty dollars ($39), plus applicable taxes, and allows the User to discuss on the phone for a maximum of fifteen (15) minutes.
The User agrees to pay all of the required transaction fees at the start of the process and recognizes that in the event of non-payment, the request will not be processed.
This service is not refundable, unless a request to this effect is made to PPSLAW by the paralegal responsible for the consultation, in the event that he is unable to respond to the client. If the call did not take place at the scheduled time, the customer can request that the call take place at another time or request a refund.
Customer acknowledges that the entity providing the consultation varies; the client cannot choose the paralegal. However, the client will be notified of the legal professional’s identity.
Given the limited information communicated to the paralegal, the client acknowledges that the latter cannot provide a complete answer and that his mandate is limited. The paralegal undertakes to answer the client according to the information communicated to him and not to advise the client on his entire file.