TERMS & CONDITIONS
Record Free Services
Terms & Conditions
Your use of Record Free site and the information and services is subject to the following Terms & Conditions (“Terms”), which may be updated by Record Free at anytime without notice. If you do not agree to any of these Terms & Conditions, please do not use the Record Free Site or Services.
As further stated:
- *Record Free – Record Free
- *PBC – Parole Board of Canada
- “You” – refers to any user of Record Free Site or its Services.
- Record Free operates on a best efforts basis in assisting you with your Record Suspension (Pardon) and U.S. Entry Waiver applications.
- By signing the RCMP consent form, the client is contracting Record Free and providing authorization and consent for Record Free to act on the client’s behalf and to prepare the Record Suspension/U.S. Waiver application
- By contracting Record Free, the client agrees that all service fees are due before submission of the application to the PBC
- Record Free will work diligently but cannot guarantee a time frame when the client will receive results, as these are based on the response times of the government agencies involved
- Record Free cannot give guarantees of any sort regarding the granting of a U.S. Entry Waiver
- By applying for the Record Free Financing Payment Plan option, the client agrees to a one time Administration Fee in the amount of $79.00. When a payment plan is arranged, payments will be automatically charged on the client’s account without prior notice to the client
- Non-payment of Service Fees and Disbursements in a timely manner may result in the client’s file being placed on hold, unless the client has made alternate payment arrangements with Record Free. If the file is placed on hold it is subject to a $50.00 re-activation fee. It may take up to 30 days for your file to be re-activated after a late payment has been made
- Client is responsible for shipping documents to the Record Free office at their own expense. Record Free covers postage between the Record Free and all organizations that Record Free has to contact to obtain documentation
- Any information that the client provides Record Free becomes the sole property of Record Free and may be used freely by the company. However, RECORD FREE takes the client’s confidentiality very seriously and will not reproduce, alter, sell or provide the client’s information to third parties without the client’s permission. Any information provided through other mediums (such as phones, faxes or mail) are not secure and it is possible they may be subject to alteration or interception or may be lost. If such is the case, RECORD FREE is not responsible for any damages as a result of the above-stated actions
- The client affirms that all information provided is true and correct to the best of his/her knowledge. The client takes all responsibility for knowingly and willfully falsifying or concealing any material facts
- The client agrees to inform RECORD FREE of any changes in the information provided and to ensure that all information is up to date. Failure to do so may result in a delay in processing the client’s file, which may then result in a financial penalty or the file being placed oh hold
- Re-Processing Documents & Forms – If, for any reason, the client is responsible for having to re-complete any form or document, the client will incur an Administration Fee of $20 per form plus any additional fee from other organizations (courthouses, police detachments, archives, etc). This includes the loss, damage, or expiration of any document or form
- RECORD FREE will discontinue the processing of an application and terminate the client’s file if unable to contact the client and no change in contact information has been received within 2 months of initial contact attempt. All terminated files are subject to a minimum $50.00 Re-Activation Fee
- If client has not had their finger prints taken for the services as per our instructions, RECORD FREE takes no responsibility to contact client for finger prints follow up and the application will be put on hold
- If client has made a full payment for any of the services but the RCMP criminal record has not been received within two years (from date of the first payment) client’s file will be considered inactive. A $50 fee will apply to reactivate client’s file, the amount client paid originally will be automatically credited to client’s account
- RECORD FREE is not responsible if the client is not eligible due to unpaid fines (surcharges, restitution or compensation orders), waiting period implication with police and nature of convictions
- RECORD FREE reserves the right to hold the application in cases of ineligibility until such time as the client becomes eligible. If the ineligibility time period exceeds 3 years, it is the client’s responsibility to contact RECORD FREE Client Care Department to inform that the file is ready to be reactivated. In this case reactivation of the file will be done without a Re-Activation Fee
- All NSF and declined credit card payments are subject to a $20.00 Administration Fee. Same fee will apply for any missed payment, if paying by cash, cheque or through direct bank deposit
- Should client decide to cancel a service for any reason, he/she must contact their consultant or main office within 2 business days from the date of the first payment to RECORD FREE. All cancellations are subject to a $100.00 Cancellation Fee per service. Requests for cancellations made after 2 business days will be processed without Cancellation Fee, but will not be refunded
- All services are subject to applicable Taxes and Disbursements (Government and Administration Fees) and may change at anytime. RECORD FREE is not responsible for changes in Government Fees
- RECORD FREE is a third party organization that specializes in obtaining Record Suspensions, U.S. Entry Waivers and related services only. RECORD FREE does not provide legal advice in any matter
- In cases of U.S. Entry Waiver applications only, if any convictions took place in the province of Quebec, the client is responsible for the translation of the court documents for submission to the U.S. homeland Security. RECORD FREE offers to provide authorized and certified translation through a third party at the client’s expense
- Client is responsible to provide the Parole Board Fee (currently $631) in order to submit a Record Suspension (Pardon) Application to the PBC for processing. Clients have a choice to pay by money order to the Parole Board of Canada or pay to RECORD FREE by credit card (Visa, Master Card, or American Express), direct bank deposit, email money transfer or cash subject to an additional Administration Fee
- Client is responsible for the U.S. Homeland Security Waiver Processing Fee (currently$585 USD) which the client has to provide at the time of the application submission with a U.S. Customs officer
- RECORD FREE covers only current address for Local Police Record Check. Client is responsible for any additional Local Police Record Check Fees – amount varies
- RECORD FREE does not take responsibility for any mistakes by third parties that may delay the process
- No application will be submitted or returned to the client until the file is paid in full
- All completed or cancelled files will be kept in the archives of RECORD FREE for a period of 12 months; after such time, the file and all the information therein will be destroyed
RESTRICTION ON USE OF MATERIALS
All material, information and content (collectively “Content”) available on this RECORD FREE Site, including the manner in which such Content is presented, and the Services are: the sole property of RECORD FREE, its registrars, affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide laws and treaty provisions. Except as provided herein, user agrees not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through this RECORD FREE Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective owner of such Content. RECORD FREE grants user a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that user does not modify the Content and that user maintains all proprietary notices.
In consideration of the availability, and customer’s use of the RECORD FREE Site or any of its Services, user agrees to comply with all applicable laws and these Terms and Conditions when using the RECORD FREE Site or Service. Client agrees not to use the RECORD FREE Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using any of the Services; defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, trojan horse, worm or any other harmful or disruptive component.
RECORD FREE 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 contemplated herein, changes will be effective when notice of such change is posted on this RECORD FREE Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” of this document. Client’s continued use of this RECORD FREE Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, RECORD FREE reserves the right to change, modify, suspend or discontinue any aspect of this RECORD FREE Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
Dealing with Third Parties
Client acknowledges and agrees that all correspondence or business dealings with any third parties, contacted through, the RECORD FREE Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between client and such third parties. RECORD FREE takes no responsibility whatsoever for any charges client incurs when transactions in this manner are made. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be clients alone. Client agrees that RECORD FREE shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Client agrees to defend, indemnify and hold harmless each of RECORD FREE, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties RECORD FREE works with, from and against any and all claims, actions or demands, including without limitation legal and accounting fees, resulting from or related to: (a) client’s breach of any of these Terms and Conditions; (b) client’s access to or use of this RECORD FREE, Services or Content; or (c) client’s use or reliance on, or publication, communication or distribution of anything on or from this RECORD FREE Site or through any of the Services. Client shall use his/her best efforts to cooperate with RECORD FREE in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by client.
LIMITATION OF LIABILITY
You expressly understand and agree that in no event shall Record Free Waiver Services, including its affiliates and licensors, 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 Record Free Waiver Services 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 this Record Free Waiver Services site, or (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter relating to this Record Free Waiver Services site or any of the services.
You expressly acknowledge that RECORD FREE has entered into this agreement, and has and will make this RECORD FREE Site, Content and Services available to you 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 agreement between you and RECORD FREE.
You expressly agree 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.
You acknowledge and agree that RECORD FREE, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of any of the Services, and remove and discard any information or content related to this RECORD FREE Site or any of the Services (and your use thereof), for any reason, including where RECORD FREE believes that you have violated any of these Terms and Conditions. You further agree that RECORD FREE shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this RECORD FREE Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of RECORD FREE in operating this RECORD FREE Site or any of the Services, your sole and exclusive remedy is to discontinue using this RECORD FREE Site and any of the Services.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between RECORD FREE and you pertaining to your use of this RECORD FREE Site, Services and Content and supersede any prior agreements between you and RECORD FREE with respect to the subject matter hereof. RECORD FREE’s 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 on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating there to be written up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.
Terms & Conditions
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