TERMS & CONDITIONS

Federal Pardon Waiver Services (FPWS)
Terms & Conditions

Your use of Federal Pardon Waiver Services (FPWS) site and the information and services is subject to the following Terms & Conditions (“Terms”), which may be updated by FPWS at anytime without notice. If you do not agree to any of these Terms & Conditions, please do not use the FPWS Site or Services.

As further stated:

• *FPWS – Federal Pardon Waiver Services
• *PBC – Parole Board of Canada
• “You” – refers to any user of FPWS Site or its Services.
• FPWS operates on a best efforts basis in assisting you with your Record Suspension (Pardon) and US Entry Waiver applications.

Service Terms

• By signing the RCMP consent form, the client is contracting FPWS and providing authorization and consent for FPWS to act on the client’s behalf and to prepare the Record Suspension/US Waiver application
• By contracting FPWS, the client agrees to all Terms and Conditions and Privacy Policy of Federal Pardon Waiver Services Inc
• By contracting FPWS, the client agrees that all service fees are due before submission of the application to the PBC
• FPWS 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
• FPWS cannot give guarantees of any sort regarding the granting of a US Entry Waiver
• By applying for the FPWS 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 FPWS. 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 FPWS office at their own expense. FPWS covers postage between the FPWS and all organizations that FPWS has to contact to obtain documentation
• Any information that the client provides FPWS becomes the sole property of FPWS and may be used freely by the company. However, FPWS 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, FPWS 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
• Any charges/convictions that were not disclosed to FPWS at the time of the registering for the service are subject to an additional fee
• The client agrees to inform FPWS 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
• FPWS 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, FPWS 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
• FPWS 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
• FPWS 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 FPWS 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 FPWS. 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
• By contracting FPWS, the client agrees that all service fees are non-refundable
• All services are subject to applicable Taxes and Disbursements (Government and Administration Fees) and may change at anytime. FPWS is not responsible for changes in Government Fees
• FPWS is a third party organization that specializes in obtaining Record Suspensions, US Entry Waivers and related services only. FPWS does not provide legal advice in any matter
• In cases of US 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 US homeland Security. FPWS 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 $50) 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 FPWS 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 US Homeland Security Waiver Processing Fee (currently$1,100 USD) which the client has to provide at the time of the application submission with a US Customs officer
• FPWS covers only current address for Local Police Record Check. Client is responsible for any additional Local Police Record Check Fees – amount varies
• FPWS 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 FPWS for a period of 12 months; after such time, the file and all the information therein will be destroyed

General Provisions

Restriction on Use of Materials

All material, information and content (collectively “Content”) available on this FPWS Site, including the manner in which such Content is presented, and the Services are: the sole property of FPWS, 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 FPWS 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. FPWS 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.

User Conduct

In consideration of the availability, and customer’s use of the FPWS Site or any of its Services, user agrees to comply with all applicable laws and these Terms and Conditions when using the FPWS Site or Service. Client agrees not to use the FPWS 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.

Modifications

FPWS 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 FPWS 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 FPWS Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, FPWS reserves the right to change, modify, suspend or discontinue any aspect of this FPWS 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 FPWS 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. FPWS 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 FPWS 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.

Indemnification

Client agrees to defend, indemnify and hold harmless each of FPWS, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties FPWS 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 FPWS, Services or Content; or (c) client’s use or reliance on, or publication, communication or distribution of anything on or from this FPWS Site or through any of the Services. Client shall use his/her best efforts to cooperate with FPWS 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 Federal Pardon 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 Federal Pardon 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 Federal Pardon 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 Federal Pardon Waiver Services site or any of the services.
You expressly acknowledge that FPWS has entered into this agreement, and has and will make this FPWS 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 FPWS.
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.

Termination

You acknowledge and agree that FPWS, 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 FPWS Site or any of the Services (and your use thereof), for any reason, including where FPWS believes that you have violated any of these Terms and Conditions. You further agree that FPWS 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 FPWS Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of FPWS in operating this FPWS Site or any of the Services, your sole and exclusive remedy is to discontinue using this FPWS 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 FPWS and you pertaining to your use of this FPWS Site, Services and Content and supersede any prior agreements between you and FPWS with respect to the subject matter hereof. FPWS’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.

Money-back guarantee (certain conditions apply). FPWS will guarantee that your application for
a Record Suspension (Pardon) will be approved provided that:

• you are qualified to apply for a Pardon under the current legislative requirements,
• you provide FPWS with the required documentation and information in a timely manner,
• you have demonstrated that you have been a law-abiding citizen and do not have any arrests or
  incidence reports in the past 5 years.

If you have met these requirements and FPWS is unable to secure a Pardon for you (if the
application is completed by FPWS and the Parole Board denies the granting of the Pardon), we
will refund our fees in full (this does not include the cost of fingerprints, cost of Court, and local
police record checks and the Parole Board of Canada’s application fee).