Terms of Service

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 These Terms of Service ("Terms") govern the provision of process serving and related legal support services ("Services") by Excelsior Ltd. ("Excelsior," "we," "us," or "our") to our clients ("Client," "you," or "your"). By engaging our Services, you agree to these Terms.

ALL SERVICES AND INFORMATION PROVIDED BY EXCELSIOR LTD. (HEREINAFTER REFERRED TO AS "THE SERVICES") ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF AND RELIANCE THEREON ARE AT YOUR OWN RISK. EXCELSIOR LTD. DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

WITHOUT LIMITATION OF THE FOREGOING AND NOTWITHSTANDING ANYTHING HEREIN CONTAINED, (A) EXCELSIOR LTD. DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, UP-TO-DATE OR RELIABLE, (iv) SERVICE OF PROCESS WILL BE SUCCESSFUL OR COMPLETED WITHIN ANY PARTICULAR TIMEFRAME, OR (v) ANY ERRORS IN EXCELSIOR LTD.'S SERVICES WILL BE CORRECTED; (B) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXCELSIOR LTD. OR THROUGH THE USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS; AND (C) NO LEGAL ADVICE OR COUNSEL IS GIVEN, OR SHALL BE DEEMED TO HAVE BEEN GIVEN, BY THE SERVICES.

Excelsior does not provide legal advice or counsel. Determinations as to the sufficiency of service rest exclusively with the court. YOU EXPRESSLY ACKNOWLEDGE THAT ALTHOUGH EXCELSIOR LTD. USES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE PROTECTION OF YOUR CONFIDENTIAL INFORMATION AND BUSINESS DATA, EXCELSIOR LTD. DOES NOT PROVIDE OR GUARANTEE ABSOLUTE SECURITY.

Neither Excelsior nor its officers, employees, agents, or subcontractors shall be liable to you or any third party for any indirect, incidental, punitive, or consequential damages arising out of your use of the Services, including but not limited to:

• Loss of revenue or profit;
• Missed limitation periods or court deadlines;
• Lost or damaged data;
• Any commercial or economic loss.

Excelsior's maximum aggregate liability shall not exceed the total fees paid by you for the specific Service giving rise to the claim.

Excelsior further reserves the right to suspend or withhold Services, including the release of affidavits, in the event of unpaid invoices.

You agree to:

• Provide accurate and complete instructions, addresses, and identifying information for service;
• Provide lawful documents for service;
• Clearly identify any statutory or court-imposed deadlines;
• Ensure timely payment of invoices, with the understanding that Excelsior may suspend Services if accounts remain outstanding;
• Indemnify Excelsior against claims, costs, or damages arising from the use of false, misleading, or incomplete information provided by you.

Excelsior offers enhanced service levels in addition to standard service:

• Rush Service: An initial attempt made on the same day the documents are received.
• Express Service: An initial attempt made by the following business day.
• Priority Service: A scheduled attendance made at a specific time and/or date requested by the Client, outside of the definitions of Rush or Express.

Additional fees apply to each enhanced service level. All enhanced services are billed on a per-address basis and are subject to scheduling availability.

• Standard rates, mileage, and disbursements (e.g., couriers, registry fees, tolls) are billed per Excelsior's fee schedule.
• An administrative surcharge of 8% applies to any tariffs or disbursements paid out on a client's behalf.
• Additional parties at the same address are billed separately at the published rate.
• Any products or services not already listed on Excelsior's fee schedule will be billed as a "Special Request" at rates determined by Excelsior in its sole discretion, subject to availability.

• All invoices are issued on a NET 30 basis. Payment is due within thirty (30) days of the invoice date unless otherwise agreed to in writing.
• Accounts not paid within one (1) year of the invoice date may be forwarded to the Law Society of Ontario or the equivalent governing body in the relevant jurisdiction for further collection and enforcement.
• Outstanding balances will also accrue interest at a rate of eighteen percent (18%) per annum until paid in full.

Excelsior accepts directions and instructions only from its direct clients (law firms, government agencies, financial institutions, or other contracting entities). We will not act on instructions received from a client's client, a represented party, or any third party unless expressly authorized in writing by the instructing client.

• Affidavits are prepared in PDF format once service (or attempted service) has been completed.
• Additional fees apply to affidavits which need to be sworn by Excelsior staff in-person.
• Affidavits are sworn/affirmed before a commissioner of oaths. A notary public is available upon request.
• Clients are responsible for filing affidavits unless filing has been expressly retained as part of our engagement.

You agree to indemnify and hold Excelsior harmless against any and all claims, damages, liabilities, and legal costs brought by third parties or government authorities arising out of your use of the Services, except to the extent caused by Excelsior's gross negligence or willful misconduct.

Excelsior treats all documents and information provided as confidential and uses them solely for the purpose of fulfilling the requested Services, subject to lawful disclosure obligations.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Excelsior may amend these Terms from time to time by posting an updated version on its website. Continued engagement of Services constitutes acceptance of the revised Terms.