Terms and Conditions

Collection service: 

50% 2000-2999$ 

30% 3000-14999$ 

25% 15000-49999$ 

20% 50000-99999$ 

15% 100000+ 

1. Access Credit agrees to provide credit information to the Client for its own use and at the Client's request, in accordance with the various types of inquiries specified in this agreement. 

2. The Client acknowledges that the information is provided on the condition that it is for Client's exclusive use and is directly related to the proper conduct of Client's business, for the purpose of extending credit, for financial analysis, for hiring personnel or for leasing purposes. This and all other information relating to this agreement is confidential and may not be reproduced in any manner whatsoever, in whole or in part. The Client agrees to treat such information with due diligence in order to comply with the above undertaking. 

3. The Client may provide business information (receivables) of its customers at their expense to Access Credit on a regular basis, every 30 days. The business information provided and the reports produced by Access Credit and its affiliates 

shall remain the property of Access Credit, including any future financial benefits. The Client acknowledges that Access Credit may provide any third party with the information reported or derived from the information and reports created, in accordance with Canadian reporting laws and any other applicable laws.

4. Access Credit is not responsible for the accuracy or scope of the information transmitted or not transmitted in any way whatsoever. It is understood that Access Credit shall not, therefore, be liable for any damage, loss or inconvenience suffered by the Client as a result of the inquiry process and the information thus transmitted. 

5. The Client and the personnel authorized by the Client will keep accessible for a minimum period of six (6) years the signed authorization form of each

consumer investigated for credit according to the laws in force. The handwritten signature of the consumer investigated is necessary, or a proof of authentication is otherwise required and mandatory in the case of any electronic signature. In that case, the electronic signature must certainly be a representation of the handwritten signature. An audit may be performed at any time to ensure the conformity of the Client’s procedure and the validity of all signed authorization forms of the consumers above mentioned. 

6. All fees are subject to applicable taxes according to the laws in force.

7. The payment by the Client of the lump sum (CTP) allows the Client to subscribe to a preferential rate. Any balance remaining unused at the end of the contractual period may be transferred to the renewal according to the rate chart in effect, at the sole discretion of Access Credit. This package (CTP) can only be used for commercial credit investigations and is not applicable to any other services provided by Access Credit, unless otherwise noted in the header hereof, and will be billed separately. 

8. This agreement takes effect as of the date of entry into service specified herein for a period of twelve (12) months and is automatically renewed, at the end of each term, for a new period of twelve (12) months. The Client may terminate the agreement at any time after the expiry of the first term by sending a thirty (30) day notice by email to Access Credit. 

9. The terms and conditions of this agreement are subject to change and any modification will be notified to the Client by email. 

Debt collection - Terms and conditions 

10. The Client grants Access Credit the mandate to collect unpaid accounts that the Client entrusts to Access Credit for collection and consequently agrees to retain the professional services of Doyon Avocats Recouvrement (DAC), or another business partner of Access Credit, to collect the amounts owed to the Client, according to the terms and conditions hereinafter mentioned.

11. An account will be considered entrusted to Access Credit for collection and transferred to DAC, or another partner of Access Credit, and the fees stipulated

hereafter will apply, as soon as the Client has sent Access Credit the document(s) related to the collection of a debt. 

12. It is agreed that the Client will pay a percentage of 30%, or another percentage agreed upon by the parties, on the amounts collected before legal proceedings in a collection file, plus applicable taxes. 

13. In the event that legal proceedings are necessary and authorized by the Client, the Client agrees to pay a fee of 10% more than the percentage of the amounts collected agreed upon in article 12, in addition to the judicial and extrajudicial disbursements and applicable taxes. 

14. In the event of a legal claim, the Client agrees that DAC or Access Credit, at their discretion, entrust the file to a business partner of their choice to finalize the legal file. 

15. In the event of a legal claim, the Client agrees to provide, upon production of an invoice by DAC or another partner, a deposit for disbursements, based on the amount of the claim, in order to initiate the necessary legal proceedings, which will be initiated only upon receipt of the said deposit, failing which DAC or another partner reserves the right to withdraw from the file. 

16. In the event that a counterclaim is filed by the debtor in addition to its defense and that DAC or another partner is required to file a defense thereto, an hourly rate of $300.00, or such other hourly rate as may be agreed upon by the parties, will be charged to the Client in addition to applicable collection fees (percentage of amounts collected), for all work related to such counterclaim and disbursements, if any. 

17. In the event that the debtor pays the Client directly, the Client agrees to immediately notify DAC or the another partner and/or Access Credit and to pay upon receipt the total amount of any commission, fees and/or disbursements due to DAC or to the another partner and/or Access Credit from the amounts recovered in any collection file.

18. In the event that the Client requests the closure of a file in the process of collection, DAC, Access Credit or another partner will be entitled to liquidated damages corresponding to 10% of the amount still to be collected, which must be paid prior to the remittance and/or transfer of the file, as well as any unpaid invoices, in order to compensate for the work already performed in the realization of the collection mandate. 

19. A collection fee of 10% will be payable on the value of a credit note granted by the Client to the debtor if such credit note is issued after the opening of the collection file by Access Credit. 

20. It is understood that amounts collected by DAC or another partner will be deposited in a trust account, whether the payment is made out to the Client or DAC or another partner. Accordingly, DAC or another partner may endorse checks made out to the Client for deposit. 

21. All payments by regular check will be deposited in a trust account and DAC or another partner reserves the right to hold the funds for a minimum of ten (10) business days to ensure the validity of the payments (bank clearing).

22. All monies held will be paid to the Client prior to and/or on the last day of the following month. Payment to the Client will be a net remittance with a statement identifying the file(s) where the monetary transaction(s) occurred during the remittance period, the amounts collected and the commissions withheld. Access Credit, DAC or another partner are authorized to deduct their collection fees.

23. It is understood that any invoice resulting from the collection, all additional fees and other amounts previously approved by the Client are due upon receipt of the invoice. 

24. It is understood that Access Credit and its partners do not assume any responsibility resulting from a dispute between the debtor and the Client. 

The signatory of this Service Agreement has read and accepts the terms and conditions described above.