Terms and Conditions for CanStart Immigration Inc.

WHEREAS the RCIC with CanStart Immigration Inc. and the Client wish to enter into a written agreement which contains the agreed upon terms and conditions upon which the RCIC will provide his/her services to the Client.

AND WHEREAS the RCIC is a member of the College of Immigration and Citizenship Consultants (the “College”), the regulator in Canada for immigration consultants;

IN CONSIDERATION of the mutual covenants contained in this Agreement, the parties agree as follows:

RCIC RESPONSIBILITIES AND COMMITMENTS.

The Client asked the RCIC, and the RCIC has agreed, to act for the Client in the matter of an application for a work permit.

In consideration of the matter stated above, the RCIC agrees to do the following:

advise the Client with respect to Canadian Immigration Law and to the most appropriate immigration stream to which the client qualifies
provide Client with checklist of information and documents required in support of application
review and analyze documents received in support of Client’s application
advise the Client whether additional evidence is required
act in the best interests of the Client within the limits of Canadian Law
guide the Client through the process of obtaining medical and security clearances when required
provide the Client with drafts of all of the application forms for review and sign off by the Client when applicable
prepare a detailed cover letter, addressed to the appropriate Immigration, Refugee and Citizenship Canada (“IRCC”) Visa office, outlining the Clients’ qualifications and supporting the Client’s candidacy for the specific immigration program
provide confirmation that application(s) has been submitted either online or to the appropriate IRCC Visa office
keep the Client updated on progress of the case and respond to all reasonable requests from and/or on behalf of the Client
liaison between the Canadian Government and the Client
perform all duties on behalf of the Client competently and in a professional and timely manner

CLIENT RESPONSIBILITIES AND COMMITMENTS.
1. The Client must provide, upon request from the RCIC:
  1. evidence of the Client’s qualifications in support of immigration application
  2. when applicable, evidence of the client’s education, training, work experience and civil status
  3. access to any pertinent legal or legally relevant documents and information
  4. all information requested by the Canadian Immigration Authorities in a timely, accurate, honest and forthright manner
  5. certified documents
2. The Client understands that he/she must be accurate and honest in the information he/she provides and that any inaccuracies may void this Agreement, or seriously affect the outcome of the application or the retention of any status he/she may obtain. The RCIC’s obligations under the Retainer Agreement are null and void if the Client knowingly provides any inaccurate, misleading or false material information. The Client’s financial obligations remain.
3. In the event Immigration, Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC) should contact the Client directly, the Client is instructed to notify the RCIC immediately.
4. The Client is to immediately advise the RCIC of any change in the marital, family, or civil status or change of physical address or contact information for any person included in the application.

DISPUTE RESOLUTION RELATED TO THE CODE OF PROFESSIONAL ETHICS.

In the event of a dispute related to the Code of Professional Ethics, the Client and RCIC are to make every effort to resolve the matter between the two parties. In the event a resolution cannot be reached, the Client is to present the complaint in writing to the RCIC and allow the RCIC 5 days to respond to the Client. In the event the dispute is still unresolved, the Client may follow the complaint and discipline procedure outlined by the College on their website: https://college-ic.ca/ NOTE: All complaint forms must be signed.

CICC Contact Information:

College of Immigration and Citizenship Consultants (CICC)

5500 North Service Rd., Suite 1002

Burlington, ON, L7L 6W6

Toll free: 1-877-836-7543

RCIC ABSENCE.

In the event that the Client is unable to contact the RCIC and has reason to believe the RCIC may be incapacitated, the Client should contact CICC at the contact information in section V.

CONFIDENTIALITY.

All information and documentation reviewed by the RCIC, required by CICC and all other governing bodies, and used for the preparation of the application will not be divulged to any third party, other than agents and employees, without prior consent, except as demanded by law. The RCIC may refer to outside sources for information and research purposes.

The Client agrees to the use of electronic communication and storage of confidential information. The RCIC will use his/her best efforts to maintain a high degree of security for electronic communication and information storage.

The Client agrees that immigration-related information will be shared with Seaspan.

FORCE MAJEURE.

The RCIC’s failure to perform any term of this Retainer Agreement, as a result of conditions beyond his/her control such as, but not limited to, governmental restrictions or subsequent legislation, war, strikes, or acts of God, shall not be deemed a breach of this Agreement.

CHANGE POLICY.

The Client acknowledges that if the RCIC is asked to act on the Client’s behalf on matters other than those outlined above in this Agreement, or because of a material change in the Client’s circumstances, or because of material facts not disclosed at the outset of the application, or because of a change in government legislation regarding the processing of immigration-related applications, the Agreement can be modified accordingly.

TERMINATION.
1. This Agreement is considered terminated upon Client receiving their Permanent Resident card.
2. This Agreement is considered terminated if material changes occur to the Client’s application or eligibility, which make it impossible to proceed with services detailed in section I. of this Agreement.
3. This Agreement may be terminated, upon writing, by the Client, at which time any outstanding fees or Disbursements will be refunded by the RCIC to the Client/any outstanding fees or Disbursements will be remitted by the Client to the RCIC.
4. Pursuant to Article 11 of the Code of Professional Ethics, this Agreement may be terminated, upon writing, by the RCIC, provided withdrawal does not cause prejudice to the Client.

GOVERNING LAW.

This Agreement shall be governed by the laws in effect in the Province/Territory of British Columbia, and the federal laws of Canada applicable therein and except for disputes pursuant to Section VI. hereof, any dispute with respect to the terms of this Agreement shall be decided by a court of competent jurisdiction within the Province/Territory of British Columbia.

MISCELLANEOUS.
1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, warranties, representations, negotiations and discussions, whether oral or written, of the parties except as specifically set forth herein.
2. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors and permitted assigns.
3. This Agreement may only be altered or amended when such changes are made in writing and executed by the parties hereto.
4. The provisions of this Agreement shall be deemed severable. If any provision of this Agreement shall be held unenforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
5. The headings utilized in this Agreement are for convenience only and are not to be construed in any way as additions to or limitations of the covenants and agreements contained in this Agreement.
6. The Client acknowledges that he/she has had sufficient time to review this Agreement and has been given an opportunity to obtain independent legal advice and translation prior to the execution and delivery of this Agreement. In the event the Client did not seek independent legal advice prior to signing this Agreement, he/she did so voluntarily without any undue pressure and agrees that the failure to obtain independent legal advice shall not be used as a defence to the enforcement of obligations created by this Agreement. Furthermore, the Client acknowledges that he/she has received a copy of this Agreement and agrees to be bound by its terms.