Terms & Conditions

Introduction

This is the official website of Pardons and Waivers of Canada (“PWOC”). This document outlines the Terms and Conditions unconditionally effective upon application to the use of this official website and any products, services or information (“Services”) available or advertised on the PWOC website or by PWOC consultants. 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. Applicant is aware that Pardons and Waivers of Canada reserves full rights to change, modify, add, remove, or update any content within this document or website in its entirety at any time and at its sole discretion. Please check this document periodically as continued use of the Pardons and Waivers of Canada Services and/or website means the Applicant agrees, in full, to all the Terms and Conditions outlined herein. If the Applicant does not agree to the Terms and Conditions outlined in this document, then the Applicant may not use this website or any products or services available or advertised by Pardons and Waivers of Canada.

Policies and Information

PWOC is a private firm that serves as an intermediary agent between the Parole Board of Canada, Passport Canada, Canadian Police detachments, RCMP, Provincial Courts and other government agencies. PWOC assists individuals to process and complete several kinds of applications that include but are not limited to; a Canadian Criminal Record Suspension, Record Expungement, File Destruction, U.S. Entry Waiver and Canadian Passport. PWOC does not offer or provide any legal advice.

Fees and Applications:

By using PWOC’s online submission or application form, applying over the phone, applying in person, or via any other method for any product or service available or advertised by PWOC’s website or advertising medium; the applicant authorizes PWOC 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 the applicant.

Non-payment of fees or missing scheduled payments may, at the discretion of PWOC, result in applicant’s file being placed on hold, or rendered inactive, until contact is made and an appropriate payment plan is negotiated. Files placed on hold may, 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, late payment fee, archiving fee, or other payment made in an agreed upon payment plan. 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.

Correspondence:

Failure to contact PWOC 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. PWOC service fees are set strictly in relation to the preparation of all documents, consulting, disbursements related to one court record disposition, disbursements related to the number of charges and convictions agreed upon, mailing expenses, photocopying, printing, long distance, office supplies, administrative fees etc. The applicant will be required to pay any additional costs for separate government fees (if applicable) such as fingerprinting fees, RCMP record searches, additional court record dispositions, additional court fees, 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 the aforementioned fees are neither set nor governed by PWOC and subject to change without notice by the agent or entity associated with those fees.

PWOC agrees to complete all work in an expeditious and timely manner, however, PWOC 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 PWOC. Therefore, PWOC cannot guarantee any timeline for application results. 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 PWOC immediately upon any address, phone number, contact information, legal name change, and expiration of identification information which changes during PWOC’s involvement in applicant’s file or files. Should any extra disbursement arise as a result of negligence on applicant’s part to notify PWOC of any correspondence changes, or failure to report a change in applicant’s situation, applicant may be responsible for the fees involved in correcting the misinformation.

Confidentiality:

PWOC 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 PWOC to facilitate the application applied for. PWOC’s privacy and discretion is extremely important and full details on PWOC’s policies related to privacy are detailed within the Pardons and Waivers of Canada Privacy Policy.

Guarantees and Limitations:

PWOC 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). PWOC 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.

PWOC cannot in any way guarantee the success of any service related to a Record Suspension. The success of this service is dependent on the discretion and decision of the Parole Board of Canada. PWOC guarantees only to complete, in as accurately and timely a manner as possible, the required elements of the Record Suspension application to increase, as much as possible, the possibility of acceptance and success, but this in no way is a guarantee.

PWOC 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. PWOC 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.

PWOC cannot in any way guarantee the success of any service related to a File Purge/File Destruction/Record Destruction. The success of this service is dependent on the discretion and decision of local or municipal police detachment(s). PWOC 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.

PWOC 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.

Cancellation/Refund Policy:

The cancellation & refund period for any application is known as the “Cancellation Period” and is within the strict span of forty eight (48) hours after acceptance of these Terms and Conditions by receiving and not objecting to the email containing your Service Agreement. Cancellation requests must be received by email from the applicant to compliance@PardonsWaiversCanada.com. If the applicant does not have access to email or is unable to send email, a PWOC representative may submit the cancellation request email to compliance@PardonsWaiversCanada.com on their behalf. A cancellation request email received by the Compliance Department sent by the applicant within the forty eight (48) hours shall be honored 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 forty eight (48) hours shall be honored with a refund in the amount excluding the non-refundable service fee as outlined in the Service Agreement. Should a cancellation be received after the Cancellation Period in which the applicant has yet to pay the minimum service fee, the cancellation shall be honored and the remaining portion of the minimum service fee less any amount already paid shall be immediately billed. Cancellation request emails received by the Compliance Department sent by the applicant after the Cancellation Period of forty eight (48) hours after a sixty (60) day period has elapsed shall be honored with no refund. 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 refund will be issued back to the original credit card.

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 PWOC 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 Record Suspension/Pardon) is subject to an immediate minimum $150+tax transfer fee. This fee could be higher depending on the volume of work completed by PWOC in advance of the transfer as is determined on a per-file basis by PWOC. 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

PWOC’s 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 PWOC Consultant 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 $20 per additional conviction. Additional local police records checks are charged at $35 – $100 per jurisdiction (varies depending on detachment). PWOC does not seek to profit on 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 Record Suspension and a Waiver are two entirely separate applications and each are subject to additional fees, if applicable.

PWOC reserves the right to charge, at its discretion, a re-activation fee of $150 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 PWOC increased administration or consulting.

Government Submission Fees

PWOC’s application processing fees do not include applicable government submission fees such as the Homeland Security submission fee (currently $585 USD, subject to change by the U.S. government without notice) for U.S. Entry Waiver applications, Parole Board of Canada submission fee (currently $631, subject to change by the Canadian government without notice) for Record Suspension applications, or Passport Canada submission fee (currently $120 for a 5-year or $160 for a 10-year), subject to change by the Canadian 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 PWOC’s services and your file are personal to the applicant, and the applicant may not assign rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between PWOC and applicant pertaining to applicant’s use of this PWOC website, services, and content and supersede any prior agreements between applicant and PWOC with respect to the subject matter hereof. PWOC’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 of this page or except as otherwise expressly stated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.

Limitations of Liability

Applicant expressly understands and agrees that in no event shall PWOC, including its affiliates and licensors, directors, employees, consultants, 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 PWOC 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 PWOC site, or b) any unauthorized access to or modification to any of applicant’s content or transmissions, or c) any other matter relating to this PWOC site or any of the services.

Applicant expressly acknowledges that PWOC has entered into this agreement, and has and will make this PWOC site, 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 PWOC. 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

PWOC 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 PWOC site. Please check these Terms and Conditions regularly for updates. If any change is not acceptable to applicant, applicant must discontinue use of this PWOC site and any service immediately. Applicant’s continued use of this PWOC site, or any of the services after such changes are posted will constitute acceptance of those changes. Further, PWOC 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 Pardons and Waivers of Canada, its respective officers, directors, employees, agents, including all third parties mentioned on a PWOC site, 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 PWOC site, Services, or content or c) applicant’s use of reliance or, or publication, communication, or distribution of anything on or from a PWOC site or though any of the Services. Applicant will use best efforts to cooperate with PWOC in the defense of any such claim. PWOC reserves the right, at its own expense, to assume the exclusive defense 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 Pardons and Waivers of Canada, and as such, the information, navigation and design of this site may not be reproduced without expressed written consent from PWOC.

Links to Other Sites

Links on the PWOC site may, in fact, take applicant to a third-party site. PWOC provides these links as a courtesy and convenience and not as an endorsement by PWOC in any way whatsoever. These linked sites are not necessarily under the control of PWOC. If applicant decides to visit any linked site, 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. PWOC is not responsible for the content of any such linked sites or any other web page which is not part of this PWOC site and under PWOC’s controls. Unless otherwise expressly provided, PWOC makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing therein. Accordingly, applicant agrees that PWOC will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked.

Minors

In cases where applicant has authorized a minor to use this PWOC site, or any of the Services, 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 PWOC site or any of the Services; and c) the consequences of any misuse by the minor. Applicant acknowledges that some of the areas of this PWOC site may contain material that is inappropriate for minors.

Acceptance

When you sign up and register with PWOC, giving that business permission to send you email and mobile SMS text updates from PWOC services, you automatically confirm that you accept all terms in this agreement. By continuing to use the Service in any way, you agree that you have read, understood and accept all the Terms and Conditions unconditionally. You must not continue to use the Service if you do not understand or agree to the Terms and Conditions.

Termination

Applicant acknowledges and agrees that PWOC, 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 PWOC site or any of the Services, and remove and discard any information or content related to this PWOC site or any of the services and applicant’s use thereof, for any reason, including where PWOC believes that applicant has violated any of these Terms and Conditions. Applicant further agrees that PWOC 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 PWOC site, or any of the Services or with any Terms and Conditions, rules, policies, guidelines, or practices of PWOC in operating this PWOC site or any of the services, applicant’s sole and exclusive right and remedy is to immediately discontinue using this PWOC site or any of the Services.