Terms and Conditions

GENERAL CLAUSE

Upon acceptance of these Terms and Conditions, the Client may purchase products and services, obtain credit investigations, submit accounts for collection, or benefit from any other service offered by Access Credit, in accordance with the terms and conditions set forth below.

1. Payment Terms

The Client agrees that all accounts shall be paid in accordance with the following terms:

a. All fees are subject to applicable taxes in accordance with the laws in force.

b. Any invoice issued by Access Credit shall be payable in accordance with the terms agreed upon between the parties or, in the absence of a specific agreement, upon receipt of the invoice, by bank transfer or credit card.

c. Interest at the rate of 2% per month (26.82% per annum calculated and compounded monthly) shall apply to any unpaid amount from its due date.

d. The Client irrevocably agrees that if Access Credit must retain the services of a third party, including without limitation a collection agency, bailiff, lawyer, or any other professional in order to recover amounts owing, Access Credit shall be entitled to claim, as liquidated damages, an additional amount equivalent to 25% of the outstanding principal and interest, in addition to the interest provided herein, judicial and extrajudicial fees, and all disbursements incurred.

e. These Terms and Conditions shall be governed and interpreted in accordance with the laws applicable in the Province of Quebec. The parties acknowledge the exclusive jurisdiction of the courts of the judicial district of Laval, Province of Quebec, for any dispute arising herefrom.

CLAUSES RELATING TO CREDIT INVESTIGATIONS, REPORTS AND INFORMATION SERVICES

2. Use of Information

Access Credit undertakes to provide credit information and various informational reports to the Client solely for its legitimate business purposes and in accordance with applicable laws.

3. Confidentiality

The Client acknowledges that all information obtained is strictly confidential and intended exclusively for its internal use in connection with:

-granting credit;

-financial analysis;

-protection of hypothecary rights;

-employment purposes;

-leasing of property;

-or any other legitimate business activity.

The Client agrees not to reproduce, share, or disclose any information obtained without the prior written authorization of Access Credit.

4. Authorization and Consent

The Client authorizes Access Credit and its representatives to obtain, use, and communicate any commercial, financial, or administrative information necessary for the performance of the requested services, including for file analysis, credit risk management, or collection purposes. For such purposes, the Client authorizes Access Credit to communicate with any financial institution, credit bureau, supplier, creditor, or other relevant organization whenever necessary for the execution of the requested services.

The Client also authorizes the retention and recording of such commercial information in Access Credit's internal database, including for the purpose of improving the services offered. Such commercial information may subsequently be used by Access Credit to the extent that such use remains compatible with the purposes for which the information was collected and with applicable laws.

Where the services require the use of personal information relating to an individual, Access Credit undertakes to collect, use, communicate, and retain only the information necessary for the specific purposes for which it was obtained, in accordance with applicable privacy laws, including Quebec's Law 25. Personal information shall not be used for any other purpose without the required consent or authorization permitted by law, and Access Credit shall implement reasonable administrative, technical, and physical safeguards to ensure the protection thereof.

5. Commercial Information

The Client may provide Access Credit with commercial information relating to its clients and accounts receivable. Any reports, analyses, compilations, and derived data produced by Access Credit shall remain the exclusive property of Access Credit.

6. Limitation of Liability

Access Credit does not guarantee the accuracy, completeness, or timeliness of information obtained from third-party sources, nor the accuracy of any analyses, interpretations, opinions, or recommendations derived from such information and provided to the Client as part of the services. Subject to mandatory provisions of law, Access Credit shall not be held liable for any direct or indirect damages, including but not limited to loss of profits, loss of revenue, or other prejudice arising from the use of the information, analyses, or reports provided.

7. Retention of Authorizations

The Client, as well as any person duly authorized by the Client, undertakes to retain, in an accessible and secure manner, for a minimum period of six (6) years, the signed consent of each consumer subject to a credit investigation, in accordance with applicable laws and regulations.

The authorization form must contain the handwritten signature of the consumer subject to the investigation or, in the case of an electronic signature, adequate authentication evidence establishing its validity and integrity. Any electronic signature used must constitute a faithful and verifiable representation of the consumer's handwritten signature.

The Client acknowledges and agrees that an audit or any other verification measure may be conducted at any time in order to confirm the compliance of its procedures and the validity of the authorization forms signed by the aforementioned consumers.

8. Prepaid Plans

Payment by the Client of the applicable lump sum amount for a prepaid plan (CTP/PTA: Preferred Rate Agreement) entitles the Client to preferential pricing in accordance with the rate schedule in effect at the time of subscription.

Subject to Access Credit's sole discretion and in accordance with the applicable pricing schedule then in effect, any unused balance remaining at the expiration of the contractual term may be transferred upon renewal of the agreement.

The prepaid plan (CTP/PTA) applies exclusively to commercial credit investigations conducted by Access Credit. Under no circumstances may it be applied to any other product or service offered by Access Credit, which shall be billed separately in accordance with the rates then in effect.

9. Term and Termination

These Terms and Conditions apply as follows:

Monthly Plans

This agreement comes into force upon acceptance by the Client and shall remain valid for an indefinite period. Either party may terminate it at any time by providing thirty (30) days' written notice by email.

Annual Plans

Annual plans are entered into for an initial term of twelve (12) months and shall automatically renew for successive twelve (12) month periods unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the current term.

The invoice issued by Access Credit for the renewal of the plan constitutes the renewal notice and may include any modification applicable to the rates, services, or other terms of the plan for the subsequent period.

10. Amendments

Access Credit may amend these Terms and Conditions, its rates, or its policies by providing notice to the Client by email. Such amendments shall come into effect upon transmission or on any other date indicated in the notice sent to the Client. The continuation of the business relationship and/or payment of an invoice after the amendments come into effect shall constitute acceptance thereof by the Client.

CLAUSES RELATING TO COLLECTION ACCOUNTS

11. Collection Mandate

The Client mandates Access Credit to proceed with the collection of accounts entrusted to it and authorizes Access Credit to retain the services of partners, lawyers, bailiffs, or other professionals deemed necessary.

12. Opening of a File

A file shall be deemed officially assigned for collection upon receipt by Access Credit of the documents, information, or instructions required to open the file.

13. Collection Fees

Unless otherwise agreed in writing, the applicable fees prior to legal proceedings are as follows:

50% for files ranging from $2,000 to $2,999 (minimum of $1,000)

30% for files ranging from $3,000 to $14,999

25% for files ranging from $15,000 to $49,999

20% for files ranging from $50,000 to $99,999

15% for files of $100,000 and over

Applicable taxes are extra.

14. Legal Proceedings and Additional Costs

Where legal proceedings are necessary and authorized by the Client, the Client agrees to assume all professional fees, judicial fees, extrajudicial fees, disbursements, and applicable taxes.

15. Retainer for Costs

Access Credit or its business partners may require an advance deposit prior to the commencement of legal proceedings.

16. Commission Following Legal Proceedings

Access Credit's commission is calculated on the gross amounts effectively recovered, before any deduction for legal fees, professional fees, disbursements, or other recovery-related costs billed by legal counsel or any other mandated professional.

In the context of a litigated matter in Quebec, where a lawyer or law firm charges fees that already include a commission, a percentage of the amounts recovered, or any other amount equivalent to the ten percent (10%) commission provided for by Access Credit — including, without limitation, hourly billing increased by an additional percentage (e.g., hourly rate + 20%) — such 10% commission shall be deemed included in that remuneration and shall therefore not be charged separately by Access Credit. In all other cases, Access Credit reserves the right to charge this 10% commission separately. In the event of any ambiguity regarding the nature or scope of fees charged by a third party, the parties acknowledge that the third party's fees and Access Credit's commission constitute separate forms of compensation unless expressly stipulated otherwise.

In all cases where a file is litigated outside the Province of Quebec, Access Credit shall invoice the Client, in addition to any other applicable compensation, a separate commission equivalent to ten percent (10%) of all amounts effectively recovered, including for referral services to legal professionals, ongoing monitoring of the file throughout the recovery process, and administrative coordination until its conclusion.

17. External Partners

Access Credit and its business partners may transfer or assign a file to any partner or professional of their choice in order to ensure the handling or completion of the file.

Should Access Credit be required to retain the services of a bailiff in connection with a collection file, service of process, enforcement, seizure, legal proceedings, or any other procedure related to the mandate entrusted, an additional fixed administrative fee of $50 plus applicable taxes shall automatically be charged to the Client, in addition to all professional fees, judicial disbursements, bailiff fees, and other applicable costs.

18. Direct Payment

If the debtor makes, directly or indirectly, any payment to the Client after the opening of a collection file, whether in whole or in part, the Client shall immediately notify Access Credit thereof. Any commission, professional fee, administrative fee, or other amount applicable under these Terms and Conditions shall become immediately due and payable. The Client expressly undertakes to pay any invoice issued by Access Credit in this respect within a maximum period of five (5) days following receipt thereof.

19. Voluntary Closure of a File

If the Client requests the closure of a file in progress, Access Credit shall be entitled to liquidated damages equivalent to 10% of the remaining balance to be recovered, representing a reasonable estimate of the administrative and operational damages incurred, in addition to any fees already incurred.

20. Credit Notes

A fee of 10% shall apply to any credit note issued after the opening of a collection file.

21. Banking Holdback

Access Credit reserves the right to retain any amount collected for a minimum period of ten (10) business days in order to ensure the validity of the payments received.

22. Remittance of Funds

Amounts collected shall be remitted to the Client, less applicable fees, together with a detailed statement.

23. Invoicing

Any invoice relating to services rendered shall be payable immediately upon receipt.

24. Disputes

Access Credit and its partners assume no liability whatsoever regarding any dispute between the Client and its debtor.