The present Terms and Conditions applies to the use of SM Legal Professional Corporation (“SM Legal” or the “Company”) website located at www.smlegal.ca (the “Website”) and legal services offered by SM Legal (the “Services”) to customers (hereinafter the “Customer” or “You”).  By using any SM Legal service, using the Website, or submitting a completed “Contact Us” form, you are deemed to have read and agreed to the following terms and conditions: 

About the Service

SM Legal is a law firm operating in the Greater Toronto Area, Ontario. We service clients in the jurisdiction of Ontario. To the extent permitted by applicable law, we reserve the right to deny or terminate service to any Customer at our discretion. 

Customer Access

Customers may access the Services through the Website by providing their name, phone number, email and address (the “Credentials”). Customers on the website can request a Service through our contact us page (the “Registration”). By completing a Registration, you acknowledge and agree that you will (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) you have entered valid payment information. SM Legal reserves the right to refuse any Service request any time for any reason whatsoever with no prior notice or compensation owing to the creator of the Account.

Fees

All service agreements must be entered directly between the client and SM Legal. The client must sign a retainer agreement and pay the requested deposit prior to the services commencing. Fees are determined on a case by case basis. Hourly billing is billed at a rate which is no less than seventy five percent (75%) of the total accumulated hours on a file. SM Legal may choose at its sole discretion to not bill a client for up to twenty five percent (25%) of the total accumulated hours on a file. If you desire a quote for your legal service needs, please contact us at contact@smlegal.ca.

SM Legal accepts payment by credit card for services rendered through a third party payment processing service. 

Document Drafting

If the service involves document drafting of any kind whatsoever, the services will be deemed to have been rendered once the first draft of the document is provided to the client.

If the retainer agreement includes an obligation from SM Legal to edit the document, that obligation will be honored at any time, regardless whether the bill for that particular drafting service has been paid. However, the client shall not refuse to pay a bill for reason alone that they have not provided their comments on the draft document to SM Legal, such comments being in all cases necessary in order for SM Legal to complete any editing obligations.

If the retainer agreement includes an obligation for a specified number of edit rounds (an “edit round” being the return of an edited document following incorporation of client comments into a document draft) then each edit round shall be deemed to be no more than one (1) hour of work. If more than one (1) hour of work is required for the edit round, SM Legal may choose to bill the client for the additional time spent on the edit round at SM Legal’s regular rate at the time such services are delivered. 

Taxes

The Customer takes sole responsibility for the payment of any Sales Tax and any related penalties or interest to the relevant tax authority if they fail to pay the Sales Tax for the Services. The Customer will indemnify SM Legal for any liability or expense we may incur in connection with such Sales Taxes. The Customer may be required to provide SM Legal with evidence that they have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that SM Legal is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. 

Cancellation Policy

A service request may be cancelled any time prior to the commencement of the services by sending a written notice to sam@smlegal.ca, in which case a full refund will be provided to the customer. All payments are non-refundable once services are rendered. 

Termination of Agreement and Refund Policy

SM Legal reserves the right to terminate any Services for any reason, including the ending of services that are already underway. If any payment processing request is rejected at any time for any reason, the service request shall be immediately terminated and the Client shall be notified of the termination within twenty four (24) hours. No refunds shall be offered where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to SM Legal which constitute payment in respect of the provision of unused Services shall be refunded. 

Communications

SM Legal reserves the right to contact you from time to time for feedback regarding the services. SM Legal will also contact any Customer who files a complaint with SM Legal regarding a representative of SM Legal or the Services overall. Notices to Customers will be deemed effective at the time they are sent by SM Legal or as of the date they are posted on the Website. 

Maintenance and Support

SM Legal is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website you can report it to contact@smlegal.ca. 

Company Name and Address

SM Legal’s contact information for any end-user questions, complaints or claims with respect to Company Properties is contact@smlegal.ca. 

Availability

Unless otherwise stated, the services featured on this website are only available within Ontario, or in relation to postings from the jurisdiction of Ontario. All advertising is intended solely for the Canadian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of SM Legal. SM Legal does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.

SM Legal attempts to make every effort to ensure that the content on the Website (the “Content”) is complete and current. However, SM Legal does not warrant the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall SM Legal be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.

SM Legal Professional Corporation (SMLPC) does not provide legal advice, recommendations, or legal services online. Website content and information is intended only to indicate possibly relevant legal information, services, and resources and should only ever be understood, interpreted, and treated as such. Any other understanding, treatment or interpretation of SMLPC website content or information is unsolicited and at the sole risk of the user. SMLPC website content and information is provided without any warranty of any kind. 

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein. 

General

The laws of Ontario and of Canada govern these terms and conditions. By accessing this website and using our service you consent to these terms and conditions and to the exclusive jurisdiction of the Canadian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure of SM Legal to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of SM Legal. 

Notification of Changes

SM Legal reserves the right to change these conditions from time to time as it sees fit and the continued use of the site will signify User’s acceptance of any adjustment to these terms. If there are any changes to the privacy policy, SM Legal will announce that these changes have been made on the homepage and on other key pages on the Site. If there are any changes in how SM Legal uses User’s Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to the privacy policy will be posted on the Site 30 days prior to these changes taking place. User is therefore advised to re-read this statement on a regular basis.