TERMS & CONDITIONS

INTRODUCTION

This is the official website of Canadian Document Services (“CDS”). This document outlines the Terms and Conditions unconditionally effective in application to the use of this official website and any products, services or information (“Services”) available or advertised on the CDS website. By using this website or any of the products or services, you (“Applicant”) agree, without limitation or qualification, to be bound by all terms and conditions and any other alternative or additional terms, conditions, rules or policies (“Terms and Conditions”) of use or conduct contained within this document relating to the use of this website and related services provided. Applicant is aware that Canadian Document Services reserves full rights to change, modify, add, remove, or update any content within this website or any service document in its entirety from time to time, at its sole discretion. Please check this document periodically as continued use of the CDS Services and/or website means applicant agrees in full to all the Terms and Conditions herein. If applicant does not agree to the Terms and Conditions outlined in this document, applicant may choose not use this website or any products or services available or advertised by Canadian Document Services.

POLICIES AND INFORMATION

CDS is a private application processing and completion firm which serves as an intermediary agency between the Parole Board of Canada, Department of Homeland Security, Passport Canada, Provincial Pardon and Waiver Services, RCMP and other government related organizations to assist individuals to complete applications for a Canadian Pardon, U.S. Entry Waiver, Record Destruction, Canadian Passport, Certified criminal record checks and others. Canadian Document Services uses RCMP accredited fingerprints via digital services across Canada. Canadian Document Services does not offer or provide legal advice. For legal advice, contact a lawyer.
Canadian Document Services guarantees to work to the full extent of their ability to assist applicants in completing applications for a Canadian Pardon, U.S. Entry Waiver, Record Destruction, Canadian Passport, Certified Criminal record check and others, but it does not approve or deny such applications.
Canadian Document Services guarantees a successful Canadian Pardon to applicants that meet the Parole Board of Canada’s eligibility requirements for a Pardon and comply with all guidelines and restrictions set out within the CDS “Pardon Approval Guarantee and Limitations” section of this document.
By submitting a CDS application form, either by applying over the phone, applying in person, or via any other method for any product or service available or advertised by CDSs website or advertising medium, applicant authorizes CDS to open a personal file and begin all associated tasks involving the process applied for. All agreed upon fees for services become due immediately with the exception of monthly payment programs agreed upon and issued in writing, via mail or email, to applicant.
Non-payment of fees or missing scheduled payments may, at the discretion of CDS, result in applicant’s file being placed on hold until contact is made and an appropriate payment plan is negotiated on a case-by-case basis. Files placed on hold may, at the discretion of CDS, result in a re-activation fee. Files may not be reactivated and work may not resume on the file until an appropriate payment is made, including the re-activation fee, or other payment made in an agreed upon payment plan. Failure to contact CDS in a timely manner may result in cancellation of applicant’s file in which case any eligible and refundable portion of payments made is forfeited. CDS service fees are set strictly in relation to the preparation of all documents, consulting, disbursements related to one court record disposition, disbursements related to two charges/convictions unless otherwise agreed upon, disbursements related to one local police records check, mailing expenses, photocopying, printing, long distance, office supplies, administrative fees etc. Applicant will be required to pay any additional costs for separate government fees (if applicable) such as fingerprint, RCMP record searches, additional court record dispositions, additional court fees, additional local police record checks, Parole Board of Canada submission fees, US Department of Homeland Security fees, or any other local, provincial or federal government fees. All of which (if applicable) are neither set nor governed by CDS and subject to change without notice.
Canadian Document Services agrees to complete all work in an expeditious and timely manner, however, CDS cannot extend any timeline guarantees with respect to government agencies that we correspond with in order to process and complete applications for any product or service available from PP. Therefore, CDS cannot guarantee any timeline in which application results are received. Any estimated or quoted processing timelines provided are approximations and are dependent on the government agencies involved in the process.
It is applicant’s responsibility to notify CDS immediately upon any address, phone number, contact information, legal name change, expiration of identification information which changes during CDS involvement in applicant’s file(s). Should any extra disbursement arise as a result of negligence on applicant’s part, or failure to report a change in applicant’s situation, applicant may be responsible for the fees involved in correcting the misinformation.
Declined credit card payments and/or credit card charge-backs are subject to a penalty fee. Files may be placed on hold until such penalty fee is paid in full, or alternative arrangements made. Should applicant fail to pay any outstanding fees, including penalty and/or re-activation fees, applicant’s application may be placed on hold or cancelled with no further progress until such time as outstanding fees are paid in full.
Canadian Document Services agrees that all information provided by applicant is strictly confidential and shall not, under any circumstance be released, sold, distributed, rented or otherwise made available in any manner to any third-party organization or individual outside the bounds of the required government agencies or individuals that are employed or contracted with CDS to facilitate the application applied for. CDS privacy and discretion is extremely important and full details on CDS policies related to privacy are detailed within the Canadian Document Services Privacy Policy.
Canadian Document Services cannot in any way guarantee the success of any service related to a US Entry Waiver. The success of this service is dependent on the discretion and decision of the Department of Homeland Security (United States). CDS guarantees only to complete, in as accurately and timely a manner as possible, the required elements of the US Entry Waiver application to increase, as much as possible, the possibility of acceptance and success, but this in no way is a guarantee for a specific outcome.
Canadian Document Services cannot in any way guarantee the success of any service related to a Canadian Passport. The success of this service is dependent on the discretion and decision of Passport Canada. CDS guarantees only to complete, in as accurately and timely a manner as possible, the required elements of the Canadian Passport application to increase, as much as possible, the possibility of acceptance and success, but this in no way is a guarantee.
Canadian Document Services cannot in any way guarantee the success of any service related to a File Purge/Record Destruction. The success of this service is dependent on the discretion and decision of local or municipal police detachment(s). CDS guarantees only to complete, as accurately and timely a manner as possible, the required elements of the File Purge/Record Destruction application and petitioning to increase, as much as possible, the possibility of acceptance and success, but this in no way is a guarantee.
Canadian Document Services reserves full rights to reject any application for any product or service available or advertised on this website or any other official or non-official advertising medium.

PARDON APPROVAL GUARANTEE AND LIMITATIONS

Canadian Document Services guarantees approval of a Canadian Pardon to all eligible applicants upon opening a file with CDS and paying, in full, including any re-activation or penalty fees, the appropriate fees. However, the guarantee is limited to the eligible applicant meeting each and every one of the following conditions, without exception:
Official RCMP criminal record search must reveal strictly summary convictions, and zero indictable convictions;
hybrid offences must have been prosecuted summarily, which must be so indicated via verifiable court documents;
must not have been convicted of any sexual offences or related sexual convictions of any type, even if the sexual conviction is classified as a summary sexual offence;
applicants must have provided clear and accurate information to their CDS file representative during an initial phone consultation without omitting, withholding or amending any relevant information which could result in an unsuccessful application, whether it was intentional or not;
all payments must have been received according to the agreed upon Terms and Conditions outlined within this document;
no payments shall have been received late, missed, declined, or charged-back;
eligibility requirements must be met at the time of signing up for CDS services, otherwise the file will be on hold with no refund and will be resumed when eligibility is met, at which time the guarantee will be resumed as long as all other outlined conditions are met;
any law changes which come into effect subsequent to signing up for any CDS service, which may influence the possible outcome of the application, immediately negates and removes the guarantee. CDS is not liable for unsuccessful applications resulting from any law changes to which it had no control;
should the RCMP criminal record search reveal no criminal record on file, the guarantee does not stand and no refund will be issued;
if applicant chooses to terminate the application for any reason.

CANCELLATION/REFUND POLICY

The cancellation & refund period for any application is known as the “Cancellation Period” and is within the strict span of one hundred twenty (120) hours after acceptance of these Terms and Conditions by receiving and not objecting to the email entitled “Pardon and/or Waiver Application – (YOUR NAME)”, or CDS’s similarly entitled email depending on the application opened. Cancellation requests must be received by email from the applicant to processing@canadiandocumentservices.com. If the applicant does not have access to email or is unable to send email, a CDS representative may submit the cancellation request email to processing@canadiandocumentservices.com on their behalf. A cancellation request email received by the Compliance Department sent by the applicant within the one hundred twenty (120) hours shall be honoured with a refund in full, with no exception, and for any reason. Cancellation request emails received by the Compliance Department sent by the applicant after the Cancellation Period of one hundred twenty (120) hours shall be honoured, with no refund. Should a cancellation be received after the Cancellation Period in which the applicant has yet to pay the minimum service fee (usually $150 per application + tax), the cancellation shall be honoured and the remaining portion of the minimum service fee less any amount already paid shall be immediately billed. Any eligible refund which meets the above criteria shall be issued by cheque and mailed to the applicant within 2-4 weeks. If a credit card was used for initial payment, applicant has the option of accepting refund back to the original credit card.

CONFIRMATION LETTER

Immediately upon opening any application with payment, applicant may request one (1) Confirmation Letter on CDS letterhead, which will be issued to the applicant within 48 business hours via email and/or mail, without fee. Confirmation Letter is written confirmation that CDS has opened a file and undertaken a specific application for the applicant but is not intended to suggest confirmation of approval for such application nor does it guarantee any benefit toward employment, travel or otherwise. Applicants requesting more than one Confirmation Letter in print may be subject to a fee. To protect the integrity of the Confirmation Letter process, applicants who request and accept a Confirmation Letter void any eligibility or potential eligibility for a refund under any circumstance.

FORFEITURE OF COMPLETED WORK/DOCUMENTS

Upon cancellation or closure of file for non-payment, applicant forfeits certified documents, fingerprints received, information processed, and/or any other work already completed by CDS prior to cancellation/closure for non-payment. A $50+tax fee applies for the forwarding of all pertinent documentation on a cancelled/non-payment file.

APPLICATION TRANSFER

There is no fee to transfer an application within the Cancellation Period. After the Cancellation Period, transferring from one application to another (for example, changing application from a U.S. Entry Waiver to a Canadian Pardon) is subject to an immediate minimum $150 +tax transfer fee. This fee could be higher depending on the volume of work completed by CDS in advance of the transfer as is determined on a per-file basis by CDS. Applicant remains responsible for any additional disbursements, fingerprint fee, or government submission not already completed for the new application. Transfer fees must be paid in full by applicant to complete the transfer.
Court Costs, Charges & Penalties Not Included in Applicant’s Processing Fee Canadian Document Services application processing fees include processing work and disbursements associated with one (1) court record disposition, one (1) local police records check (if applicable), and up to and including two (2) convictions payable in the processing of applicant’s file for any and each application. Additional convictions may be included in the applicant’s application agreement, at the discretion of the CDS Officer who initiated the application on behalf of the applicant. Costs in addition to these disbursements are entirely applicant’s responsibility and will be automatically billed according to the existing payment method on file. Applicant agrees in advance to authorization of these additional charges. Fees are charged at $75 per additional court disposition and $40 per additional conviction. Additional local police records checks are charged at between $35 – $100 per jurisdiction (varies depending on detachment). Canadian Document Services only advises and forwards the cost of local records check fees – only the exact additional local records check costs charged by the specific police detachment will be payable, plus a $35 processing fee, with a minimum of $35. Failure to pay these disbursements may result in applicant’s application file being placed on hold, with appropriate penalties resulting. A Pardon & Waiver are two entirely separate applications and each are subject to additional fees, if applicable.
Canadian Document Services reserves the right to charge, at its discretion, a re-activation fee of $35 + tax for any application which was placed on hold due to non-communication from applicant, missed payment deadline, declined credit card payment, charge-back, missed fingerprint deadline, missed email reply deadline or any other major responsibility missed by applicant which causes CDS increased administration or consulting.

AUTOMATIC BILLING

Canadian Document Services automatically forwards additional costs and fees not included in applicant’s agreement. Automatic billing is an important aspect of each application to ensure that processing is not delayed and timelines are not missed in work completed by CDS, which could otherwise affect the quality and accuracy of CDS work. Applicant authorizes CDS in advance to automatically bill additional courts costs, charges, penalties, local record checks or any other valid charge not already included in the applicant’s agreement. CDS agrees to provide a detailed explanation of each charge and an immediate receipt issued via email or mail, and to process the payment via the applicant’s already authorized payment method on file. Applicant retains the option of cancelling automatic billing by emailing processing@canadiandocumentservices.com with the instruction “stop automatic billing”. In this case, pending charges are invoiced to the applicant and work immediately ceases on each application processed until the invoiced amount is paid in full. Note that cancelling automatic billing does not affect the applicant’s already agreed upon monthly payment program, if applicable, which will be billed automatically regardless of applicant’s automatic billing status. However, it may delay the the process of the application.

WRITING SERVICES DISCLAIMER

Canadian Document Services Applicants will have the option of ordering Writing Services to complete required Homeland Security and/or Parole Board of Canada statements in their application. These statements are prepared based on applicant’s CPIC record and a detailed phone call with the Writing Services Department. Upon accepting finished writing drafts from the Writing Services department, applicant agrees that statements are drafts only for applicant’s consideration in preparing final statements. By signing statements prepared for by Writing Services, applicant agrees to hold CDS harmless of any liability, libel, or inaccuracy in the statements, which is entirely the responsibility of applicant to correct before application submission by applicant.

GOVERNMENT SUBMISSION FEES

Canadian Document Services application processing fees do not include applicable government submission fees such as the Homeland Security submission fee (currently $585 USD, subject to change by U.S. government without notice) for U.S. Entry Waiver applications, Parole Board of Canada submission fee (currently $631, subject to change by Canadian government without notice) for Canadian Pardon applications, or Passport Canada submission fee (currently $120 for a 5-year or $160 for a 10-year), subject to change by government without notice). Applicant is entirely responsible for the submission of completed application(s) to the appropriate government authority and the resulting submission fees (if applicable).

GENERAL PROVISIONS

Use of Canadian Document Services and your file are personal to applicant, and applicant may not assign rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between CDS and applicant pertaining to applicant’s use of this CDS website, services, and content and supersede any prior agreements between applicant and CDS with respect to the subject matter hereof. CDS failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting of this page or except as otherwise expressly stated herein.

LIMITATIONS OF LIABILITY

Applicant expressly understands and agrees that in no event shall CDS, including its affiliates and licensors, directors, employees, volunteers, subsidiaries, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether CDS had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with a) the use, inability to use or performance of any of the services of CDS website, or b) any unauthorized access to or modification to any of applicant’s content or transmissions, or c) any other matter relating to this CDS website or any of the services.
Applicant expressly acknowledges that CDS has entered into this agreement, and has and will make this CDS website, content and services available to applicant in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between applicant and CDS. Applicant expressly agrees that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

MODIFICATIONS

Canadian Document Services reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly noted herein, changes will be effective when notice of such change is posted on this CDS website. Please check these Terms and Conditions regularly for updates. If any change is not acceptable to applicant, applicant must discontinue use of this CDS website and any service immediately. Applicant’s continued use of this CDS website, or any of the services after such changes are posted will constitute acceptance of those changes. Further, CDS reserves the right to change, modify, suspend or discontinue any aspect of this site, services, or content from time to time without notice or liability and for any reason whatsoever.

INDEMNIFICATION

Applicant agrees to defend, indemnify, and hold harmless Canadian Document Services, its respective officers, directors, employees, agents, including all third parties mentioned on a CDS website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: a) applicant’s breach of any of these Terms and Conditions; b) applicant’s access to or use of a CDS website, Services, or content or c) applicant’s use of reliance or, or publication, communication, or distribution of anything on or from a CDS website or though any of the Services. Applicant will use best efforts to cooperate with CDS in the defence of any such claim. CDS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by applicant.

TRADEMARKS/COPYRIGHT

All product, brand and company names, trademarks, logos, service marks and other names and icons provided on this site may in fact be the trademarks or copyright of Canadian Document Services, and as such, the information, navigation and design of this site may not be reproduced without expressed written consent from CDS.

LINKS TO OTHER WEBSITES

Links on the Canadian Document Services website may, in fact, take applicant to a third-party site. CDS provides these links as a courtesy and convenience and not as an endorsement by CDS in any way whatsoever. These linked websites are not necessarily under the control of CDS. If applicant decides to visit any linked website, applicant does so at own risk and it is entirely applicant’s responsibility to take all protective measures to guard against viruses and other destructive elements. CDS is not responsible for the content of any such linked websites or any other web page which is not part of this CDS website and under CDS controls. Unless otherwise expressly provided, CDS makes no representation or warranty regarding, and does not endorse, any linked website or the information, products or services appearing therein. Accordingly, applicant agrees that CDS will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality,or decency of material contained in any linked website.

MINORS

In cases where applicant has authorized a minor to use this CDS website, or any of the services provided, applicant recognizes that applicant remains fully responsible for: a) the online conduct of such minor; b) controlling the minor’s access to and use of this CDS website or any of the Services; and c) the consequences of any misuse by the minor. Applicant acknowledges that some of the areas of this CDS website may contain material that is inappropriate for minors.

TERMINATION

Applicant acknowledges and agrees that CDS, in its sole and absolute discretion, may, without notice to applicant, suspend or terminate applicant’s account or applicant’s use of, or access to, this CDS website or any of the Services, and remove and discard any information or content related to this PP site or any of the services and applicant’s use thereof, for any reason, including where CDS believes that applicant has violated any of these Terms and Conditions. Applicant further agree that CDS shall not be liable to applicant or any other person as a result of any such suspension or termination. If applicant is not satisfied with this CDS website, or any of the Services or with any Terms and Conditions, rules, policies, guidelines, or practices of CDS in operating this CDS site or any of the services, applicant’s sole and exclusive right and remedy is to immediately discontinue using this CDS site or any of the services provided.