Client Service Terms

Thank you for choosing MadPI Consulting & Investigations.

These terms will apply to any service you engage us, and are subject to any other terms you and MadPI Consulting & Investigations may agree upon in the future.

We look forward to working with you.

 

Accessing, or using, the Site, or contacting MadPI Consulting & Investigations, does not constitute a professional-client, or any other form of relationship. No contract subsists until the order is accepted. The order can be refused for any reason, and any goods/services can be withdrawn, and/or terminated at any time. The Client may terminate their engagement of MadPI Consulting & Investigations for any reason by giving MadPI Consulting & Investigations written notice to that effect. On such termination, all unpaid fees and disbursements become immediately due and payable, whether or not an account for them has yet been issued.

MadPI Consulting & Investigations’ hourly rates are adjusted periodically to reflect experience, capability and seniority of professionals and staff, as well as general economic factors. At the Client’s request, MadPI Consulting & Investigations will provide the Client with more specific details on rates. The hourly rates, the prices of any services, and any other costs associated with the services, are subject to change at any time. MadPI Consulting & Investigations’ final fee may take into account other factors, including: the experience, reputation and abilities of those rendering our services; the amount at issue; particularly favourable results obtained; time limitations imposed by you or by the circumstances of the matter; and whether working on the matter will preclude or limit us from rendering services to other clients. MadPI Consulting & Investigations’ fees will not be affected by the failure of a transaction to be completed.

In addition to our professional fees, MadPI Consulting & Investigations’ accounts may include disbursements incurred by us on your behalf, such as long-distance telephone charges and evidence processing; photocopying and facsimile charges; charges for courier, messenger and other communication services; rental equipment or vehicle fees; computer database access; charges for legal research; travel expenses; postage; filing fees paid to government agencies; confidential source fees, or any unforeseen out-of-pocket costs and expenses necessary to acquire information and/or incurred on your behalf. MadPI Consulting & Investigations reserves the right to require payment in advance for excessive investigative expenses. MadPI Consulting & Investigations reserves the right to withhold the release of any information including but not limited to any reports, pictures, videos or evidence which it develops during the course of the investigation in the event that the Client has failed to pay for services rendered and costs incurred.

If requested, the Client shall place in the possession of MadPI Consulting & Investigations to serve as an initial retainer to specifically commence the investigation. Should the retainer be insufficient, the Client agrees to promptly pay the Agency the additional amount in full upon request and receipt of an updated expense log. MadPI Consulting & Investigations agrees to notify the Client when the retainer as posted is exhausted. MadPI Consulting & Investigations will seize from any further investigation once the retainer has been depleted. The Client shall promptly pay MadPI Consulting & Investigations any additional funds MadPI Consulting & Investigations deems necessary to continue the investigation at the Client’s request. MadPI Consulting & Investigations agrees not to exceed the authorized budget and retainer without the Client’s authorization, unless the additional expenses were incurred in the process of following the subject and/or obtaining information critical to the purpose of this investigation.

The Client understands that MadPI Consulting & Investigations is not always able to verify or determine conclusively the true identity of the Client and reliability of the information being submitted for purposes of services. Therefore, MadPI Consulting & Investigations relies on the affirmations made by the Client before proceeding with performance of services. The Client attests that he/she has not misrepresented himself, his company, organization or purpose, and thus has the authority needed to share personal, proprietary and confidential information and to make payments (including credit card payments), and to authorize MadPI Consulting & Investigations to perform services and to charge the Client’s credit card for the specified amount. The Client understands that misrepresentation in these Terms, in MadPI Consulting & Investigations’ sole opinion, may result in civil and criminal action against the Client and/or his organization as well as any and all monies paid to be forfeited. The Client assumes responsibility to provide accurate information concerning the services. MadPI Consulting & Investigations is not responsible for unproductive serviceable time resulting from inaccurate information supplied by the Client.

The Client agrees that MadPI Consulting & Investigations is empowered to perform said services for and on behalf of the Client, and to do all things necessary, appropriate, or advisable in performing said services for and in the best interests of the Client. The parties hereby agree that the following services have been requested by the Client under these Terms and will be provided by MadPI Consulting & Investigations, but that the actual time and manner in which the following services are conducted shall be left to the sole discretion of MadPI Consulting & Investigations.

Refunds are not generally provided if a service was contracted, non-cancellable and non-contingent upon a specific outcome or result as more fully explained in the “No Guarantee” clause below. The Client understands this policy exists because MadPI Consulting & Investigations incurs significant expenses in the expectation of preparing to perform services for the Client. This includes allocating resources to reserve necessary gear for a given matter, retaining the services of expertly qualified professionals, possibly utilizing specially manufactured equipment unique to a particular client’s matter, and investing time to analyze the intricacies and strategies of a given matter.

The Client understands that although MadPI Consulting & Investigations may submit a price quote for performing the services, there may still be unforeseen circumstances requiring additional costs to be incurred by the Client. There may be unforeseen failures, additional requests made by the Client, or additional time or expertise devoted to an unusual or complex matter (this list not exhaustive). In such an event, MadPI Consulting & Investigations will advise the Client of those details and will request that the Client agree to incur the additional costs prior to proceeding with a given matter, unless MadPI Consulting & Investigations has to act immediately as specified below in a separate paragraph regarding urgent matters and difficult settings.

When the Client is making payment via credit card, the Client is authorizing MadPI Consulting & Investigations to bill the Client’s credit card in the amount due in exchange for receiving the services as outlined herein. If the Client is making payments via credit card, he/she is providing permission for MadPI Consulting & Investigations to retain the Client’s credit card information on file unless put on notice otherwise. If the Client is entering into a transaction through MadPI Consulting & Investigations’ website, the Client is agreeing to the website Terms of Use and Privacy Policy. As it relates to all the Client issues or disputes with MadPI Consulting & Investigations, the Client is directed to review MadPI Consulting & Investigations’ “Complaint Resolution Process” section below. If the Client files a chargeback claim against MadPI Consulting & Investigations, it will be vigorously disputed in the following manner: the accounting department gathering relevant information and supporting evidence, the legal department preparing a chargeback rebuttal letter, production of records and invoices rebutting the charge, payment of chargeback processing fee, cost of going to arbitration if applicable, and various other administrative tasks associated with the chargeback representment process. The Client agrees to reimburse the cost MadPI Consulting & Investigations has incurred in disputing the Client’s chargeback (invoice to be provided). The Client understands that this charge does not include reasonable attorneys’ fees (a minimum of $450/hr) which may be included as a separate charge. Lastly, if the investigation reveals the chargeback was fraudulent, the Client may be subject to civil or criminal legal proceedings in Montreal, Quebec.

Unless otherwise agreed upon in writing, all consultations, appointments, investigations, or any other services will be invoiced and must be paid fully 72 hours in advance of the scheduled service. Cancellations and/or re-scheduling of any consultations, appointments, investigations, or any other services, less than 24 (72) hours in advance, are subject to a 100% (50%) rate of the consultation, appointment, investigation, or the service, and/or billed at an hourly rate specified during the agreement. Work requested less than 24 hours in advance shall be classified as a rush assignment and the retainer shall be non-refundable in exchange for MadPI Consulting & Investigations to place pending cases on hold to start the Client’s case within the 24-hour period. Rush assignments are subject to 1.25 rate and less than 12 hours in advance, to 1.5 rate. These charges are set in place to protect situations in which a loss of work opportunity may present itself and cannot be regained in the specified amount of time. All international billing (outside of Canada) will be charged in US dollars and will include applicable taxes. All final invoices and outstanding balances will be subject to 3% monthly interest rate from the date of issue and delivery. In the event of a default in the payment of any sums due hereunder, the Client agrees to pay all costs of collection including but not limited to reasonable attorney’s fees, court costs, as well as actual costs incurred in collecting such fees or a judgment rendered by a court of competent jurisdiction.

The Client has the option to request that MadPI Consulting & Investigations provide expedited services, in which case MadPI Consulting & Investigations will devote all necessary resources to accomplish services within a date certain, and shall be subject to a 1.25 rate. However, because each individual matter and all the various services may pose unique or unforeseen circumstances, it is the MadPI Consulting & Investigations’ policy not to guarantee that services requested will be completed on a date certain. Specifically, MadPI Consulting & Investigations cannot know in advance the amount of evidence that will be gathered, or the time it will take to gather such evidence, or other numerous unforeseen circumstances it may incur in the course of providing the services and may contribute to delays. MadPI Consulting & Investigations provides turnaround times to the Client for purposes of providing good faith estimates as to the hours necessary to complete services based upon previous experiences in handling similar matters. However, the Client understands that every case is inherently unique and therefore it is impossible for MadPI Consulting & Investigations to foresee all potential impediments or delays during performance of services. Therefore, MadPI Consulting & Investigations makes no representations or guarantees for an exact turnaround time of services.

If MadPI Consulting & Investigations, including its employees, subcontractors or agents, are called upon to provide expert witness testimony in court or during evidentiary proceedings, MadPI Consulting & Investigations may prepare a condensed report for Court purposes containing relevant information identified by the Client. Expert witness appearances made by MadPI Consulting & Investigations, including its employees, subcontractors or agents, are charged as an additional cost. Specifically, all expert witness testimony and expert witness travel time is charged by MadPI Consulting & Investigations, including its employees (except subcontractors or agents, since they may have their own rates), at the rate of two-hundred and fifty dollars per hour ($250/hr). Case review, preparation, analysis and reworking of case evidence is charged at the rate of one-hundred twenty-five dollars per hour ($125/hr). Additionally, the Client will be required to pay for travel, accommodation and per diem costs associated with providing this service, which will be calculated on a case-by-case basis. Expert witness services require an initial retainer of no less than $2500; however, individual cases may require higher initial retainers as determined on a case-by-case basis. If the initial retainer is exhausted, the Client will be required to replenish the retainer prior to the continuation of expert witness services. If the entire expert witness retainer is not used, any remaining portion shall be refunded to the Client.

If the Client is an attorney or law firm and has requested the services of MadPI Consulting & Investigations to assist said attorney or law firm in any way in any matter on behalf of the attorney or law firm’s Client or in any case being handled by the attorney or law firm, then the attorney or law firm hereby expressly acknowledges, covenants, and agrees that the obligation of the attorney or law firm to pay MadPI Consulting & Investigations for services rendered is an obligation solely of the attorney or law firm and is in no way contingent on (1) any particular result or outcome of the investigation; (2) the attorney or law firm being paid by its Client; and (3) the attorney or law firm’s Client being satisfied with the results or outcome of the investigation.

The Client expressly acknowledges that MadPI Consulting & Investigations’ fees for services are not contingent on the outcome or results of the investigation. MadPI Consulting & Investigations makes no warranties or guarantees of any kind, express or implied, as to the result of the investigation. The Client understands that results of surveillances and investigations by their nature are not guaranteed and are limited by time and resources. The information obtained may not be that which is desired or in the favor of the client. No illegal or unethical services will be knowingly provided by MadPI Consulting & Investigations and the Client certifies that he/she/it is not knowingly requesting any illegal services which include harassment, stalking, intimidation, threatening or any other illegal purpose(s). MadPI Consulting & Investigations reserves the right to decline or terminate without advance notice any assignment it deems to be illegal or unethical or in the agency’s sole opinion detrimental to MadPI Consulting & Investigations. MadPI Consulting & Investigations will perform services in compliance with all provincial and federal laws and regulations.

MadPI Consulting & Investigations will generate a written report of the investigation, if requested by the Client, in a timely manner at the completion of the investigation given the Client’s account is not in arrears. Every reasonable effort will be made to ensure that the quality of the information will be accurate. However, MadPI Consulting & Investigations will not be responsible for information contained within database reports which MadPI Consulting & Investigations has no control over the content. Database search reports are performed strictly by the information provided on the subject by the Client. Any error in spelling, format or sequence of letters, words or numbers can result in wrong information on the subject. Data is supplied from different private sources, computer systems, public information facilities, government open record institutions and might also contain confidential source information. All attempts are made to maintain the integrity of this data. MadPI Consulting & Investigations cannot be held liable for inaccuracies contained in public record information or databases accessed. Furthermore, information has been gathered from sources and individuals deemed reliable by MadPI Consulting & Investigations; however, no guarantee, warranty, or other representation is made as to the accuracy of information received from third parties, or its suitability for any particular purpose. If the information reported is not “Original Source” information, it is strongly recommended that any information gathered be cross-referenced with “Original Source” information. Original notes or documents considered “work product” will not be released and remain the property of MadPI Consulting & Investigations. Only the written final report is released to the Client. Charges to review, edit and copy any reports, video, audio or any other evidence will be made at the regular hourly rate plus cost of media.

Reports may also include photographic evidence. The Client understands that surveillance tapes and pictures are by their nature not television studio-type productions and are often taken from long distance, from unusual locations and during extreme weather conditions and as such, the quality can be variable. MadPI Consulting & Investigations will proceed with due diligence to obtain quality video and/or pictures that can be obtained given the circumstances without placing the investigator in any physical harm, unsafe position, or violating privacy statues. Therefore, the Client understands that MadPI Consulting & Investigations’ fees are not contingent upon the acquisition of any photos or video. No “Audio” recordings will be made relative to surveillance tapes. Original videotapes and/or negatives will not be released to the Client, but will remain the property of MadPI Consulting & Investigations until such time as required to be surrendered in court as evidence. Copies for the purpose of the Client’s review will be made at the Client’s request and expense.

MadPI Consulting & Investigations is not a consumer reporting Agency. MadPI Consulting & Investigations promotes the responsible use of the information that it provides, and reserves the right to withhold information for which MadPI Consulting & Investigations deems is outside the scope of a permissible purpose or otherwise defined by provincial and federal law and/or regulation. “Confidential Information” shall not include such information as is or becomes part of the public domain through no action of MadPI Consulting & Investigations. The Client is responsible to safeguard the information provided from unauthorized third party disclosure as defined by applicable provincial and federal laws and regulations. It is incumbent upon the Client and their representatives to be fully knowledgeable about such laws and regulations and/or seek legal counsel prior to dissemination of reported information.

All reports furnished to the Clientby MadPI Consulting & Investigations are for the express use of the Clientonly. The Client agrees to restrict the dissemination of said findings only to third parties who have a legitimate need to know, and/or authorized by law. The Client agrees to hold MadPI Consulting & Investigations harmless from any and all damages, which are occasioned by any disclosure of any photos, videos or actions while in the commission of the investigation on the Clients behalf. MadPI Consulting & Investigations agrees to conduct their investigations with due diligence to protect the interests of the client andwill not accept instructions from anyone within your family or organization, unless you instruct us otherwise. Unless we have specifically agreed otherwise in writing, in acting for you, we are not acting for or taking on any responsibilities, obligations or duties to any of your related persons or entities (such as your shareholders, directors or officers, parent, subsidiaries, affiliates, partners, joint venturers or fellow members of a trade association or other organization, family members, relatives, friends, etc), and no investigator/professional-client, or other fiduciary relationship exists between MadPI Consulting & Investigations and any such related persons or entities.

The scope of our role for each specific matter you entrust to us will be confirmed in continued communications between us as work progresses. MadPI Consulting & Investigations will not expand the scope of our engagement without instructions from you, that these services will be included in the engagement. Our role is to provide advice and services to you. Although we will use every effort to help you achieve your personal and business objectives for any transaction or other matter, you should rely on your internal experts or other external advisors for personal and business advice. The Client herein acknowledges and understands MadPI Consulting & Investigations, their investigator(s) and their agents are not attorneys or police officers and cannot give legal advice to the Clients.

The Client acknowledges that any interference in the investigation by the Client or by the Client’s friends, relatives, agents, or employees will jeopardize the ability of MadPI Consulting & Investigations to provide the services promised under these Terms. The Client further acknowledges that interference includes, but is not limited to calling MadPI Consulting & Investigations and/or employees and contractors while they are trying to perform investigative duties and/or surveillance, asking to ride along on surveillances, driving past locations under surveillance, and/or visiting locations near the location under surveillance. The Client agrees not to interfere in any manner whatsoever, or instruct or cause anyone else to interfere, directly or indirectly, while MadPI Consulting & Investigations is in the course of this investigation. The Client understands and agrees that in the event anyone other than MadPI Consulting & Investigations participates in this investigation, MadPI Consulting & Investigations will immediately terminate all activity in this assignment and the Client will forfeit any unused portion of the retainer.

The Client agrees that MadPI Consulting & Investigations, at MadPI Consulting & Investigations’ sole discretion, may use sub-contracted investigators, agents and other multiple third-party sources and professionals, and may immediately engage one or more additional professional(s), at the agreed upon rate and billed in addition to the hourly rate, (within the authorized budget) which the Client hereby agrees to pay in the course of any assignment where MadPI Consulting & Investigations determines that one or more additional professional(s) is needed immediately, such as when a separate investigator is needed to initiate an undercover inquiry, or the subject of our investigation leads MadPI Consulting & Investigations to an unusually difficult setting, such as downtown office buildings, airport, public amusement / entertainment / sporting events, etc. As such, MadPI Consulting & Investigations cannot and does not offer any guarantee or warranty of any kind, including when utilized in connection with pending or anticipated legal actions (i.e. content shared by the Client with his/her Attorney or local police authorities). The Client acknowledges that any information compiled in a report has not been independently verified and therefore would require additional verification before it can be relied upon. The Client agrees to provide complete and accurate information when engaging the Agency to utilize the aforementioned third-party services. The Client is solely responsible for his/her reliance on and acting upon information contained in the report. The Client understands this report may not be used in whole or in part as a factor in establishing an individual’s culpability for a suspected act or eligibility for employment.

While MadPI Consulting & Investigations provides services within the context of the law, MadPI Consulting & Investigations is not a law firm and does not engage in the practice of law. The information contained in these Terms is not legal advice and MadPI Consulting & Investigations’ services are not a substitute for legal representation. For legal questions, concerns, or advice please consult your counsel.

If the Client is interested in supplementing MadPI Consulting & Investigations’ services by retaining other professional(s) to conduct further inquiries into the matter, MadPI Consulting & Investigations can help the Client find, communicate with, and retain a third-party professional(s) utilizing network of professionals in Canada and abroad. The Client is not obligated to use or engage the professional(s) referred to them by MadPI Consulting & Investigations. MadPI Consulting & Investigations cannot guarantee the suitability, work quality, or professional ability of a third-party professional(s). It is therefore the Client’s responsibility to determine if the professional will meet their needs and expectations. MadPI Consulting & Investigations shall be indemnified of any liability for a referral to the Client, that shall include any actual, potential, or consequential damages that the Client may incur because of the other professional(s) negligence.

This paragraph shall govern GPS monitoring services, installation of audio and video devices, computer and electronic devices monitoring software, where the Client purchases hardware or the software from MadPI Consulting & Investigations which allows GPS tracking of vehicles and assets, monitoring of property and electronic devices. The Client affirms that the vehicle or asset being tracked or monitored, is the Client’s property and that the Client has granted permission to track or monitor his/her property. If the Client is requesting GPS tracking services of a vehicle or asset or monitoring of property or electronic devices, that does not belong to them, then the Client affirms that every individual being tracked or monitored has been notified and that the Client has received explicit consent and authorization from such individual(s). The Client understands that the laws governing monitoring of property, electronic devices/ GPS tracking services may vary from jurisdiction to jurisdiction and therefore confirms that it is the Client’s obligation to seek legal counsel in his/her local jurisdiction before initiating monitoring or tracking in their respective local. The Client understands that if at any point the person/s being monitored/tracked retract their consent, the Client will immediately take measures to notify MadPI Consulting & Investigations in writing to seize the monitoring/tracking devices or software and cease services. The Client agrees and understands that once a GPS unit, audio/video or any other monitoring device and software is purchased it is non-refundable. MadPI Consulting & Investigations is not held responsible for shipping delays, software malfunction or update failure, or delays due to software interface issues.

Due to the sensitive nature of the work performed by MadPI Consulting & Investigations and the importance of maintaining confidentiality for both the Client and MadPI Consulting & Investigations, both parties agree to abide by the following Complaint Resolution Process in the event of the Client dissatisfaction. MadPI Consulting & Investigations places a high value of importance on customer satisfaction and therefore treats every complaint with a commensurate degree of seriousness. For this reason, MadPI Consulting & Investigations provides clear channels of communication for the Client to convey any complaint or dissatisfaction with services rendered, with the goal of seeking a prompt and satisfactory resolution for both parties. In the event the Client has a complaint or dispute with MadPI Consulting & Investigations, the Client agrees to communicate his/her grievance promptly to the Agency and allow MadPI Consulting & Investigations a reasonable amount of time, as described below, to respond to the Client’s complaint and propose solutions. The Client is agreeing to provide MadPI Consulting & Investigations every reasonable opportunity to resolve disputes in the following manner and follow all alternative dispute provisions:

1)        In the event the Client is not satisfied with services or is having billing issues, the Client is instructed to contact the President of MadPI Consulting & Investigations at 888 616-2374. If the call goes to voicemail, the Client must leave a detailed message including the case number and a brief description of the issue. Alternatively, the Client may email the President of MadPI Consulting & Investigations at madpi@madpiinvestigations.com providing a detailed explanation of the issue. MadPI Consulting & Investigations will address the stated issues within 7-14 business days.

2)        If the complaint remains unresolved or in the event MadPI Consulting & Investigations has a dispute with the Client pursuant to these Terms, the parties will submit the dispute to mediation before an agreed upon mediator which shall take place no later than 45 days after the Client has received the communication with the President of MadPI Consulting & Investigations as stated above. If the parties cannot agree upon a mediator, MadPI Consulting & Investigations shall present a list of at least three (3) competent mediators, with no ties to MadPI Consulting & Investigations, and the Client shall pick one person from that list to serve as mediator.

3)        If mediation is unsuccessful, the dispute shall be submitted to binding arbitration pursuant to the commercial rules set by the Canadian Arbitration Association. The parties shall agree upon an arbitrator who shall be a retired judge from either a Common Pleas Court of the Province of Quebec or a Federal Court of the Province of Quebec.

4)        In the event MadPI Consulting & Investigations believes the Client’s breach of these Terms creates a risk of irreparable harm, MadPI Consulting & Investigations has the right to seek emergency injunctive relief before the Court. Further, only in the limited scenarios of collection of unpaid fees and defamation claims, MadPI Consulting & Investigations has the right to initiate a lawsuit outside of arbitration. The Client agrees that these limited exceptions are fair.

MadPI Consulting & Investigations takes into consideration all feedback it receives and values the opportunity to improve MadPI Consulting & Investigations in any manner that creates more efficient services for MadPI Consulting & Investigations’ clients. Therefore, nothing in these Terms is intended to restrict the Client from engaging in communications protected under the Consumer Review Freedom Act. However, MadPI Consulting & Investigations will not accept and will vigorously defend against unprotected content, such as defamatory, confidential, or misleading reviews regarding MadPI Consulting & Investigations, its employees, or services. As a courtesy to MadPI Consulting & Investigations, the Client agrees to provide MadPI Consulting & Investigations with a reasonable opportunity to cure any defect in service or to address any client complaints prior to the Client posting a review of MadPI Consulting & Investigations online, or otherwise publicly disparaging the MadPI Consulting & Investigations’ services. In the event either party receives an order from a court of law, such as a subpoena, it may require the party to disclose confidential Information of the other party. Further, in the event that the Client publishes/posts statements regarding MadPI Consulting & Investigations in violation of these Terms, MadPI Consulting & Investigations reserves the right to disclose whatever information may be necessary to refute the Client’s statements, as exclusions from the Confidentiality Agreement.

MadPI Consulting & Investigations has clients who rely upon us for general representation and clients to whom we provide representation regarding discrete matters. It is possible that an adverse relationship may exist or may develop in the future between you and another of our clients. In retaining us, you consent and agree that MadPI Consulting & Investigations may represent other clients (some of whom may be engaged in business activities competitive to yours) on matters that may be considered adverse to you or your interests, so long as we have not been engaged by you on the specific matter for which the other client seeks representation. Furthermore, you agree that you will not assert that our representation of you constitutes a basis for disqualifying us from representing another client in any such matter. However, be assured that we have comprehensive policies and procedures in place for the creation and maintenance of “ethical walls”, when required, between MadPI Consulting & Investigations’ investigators representing clients whose matters may be adverse in interest. In common with our treatment of the confidential information of all of our clients, at no time will any of your confidential information be disclosed to or used for the benefit of any other client. You may wish to obtain independent legal advice as to the implications of your agreement to these Terms.

If you have any questions, concerns, or suggestions regarding this Client Service Terms, please contact us using our Contact Us form; email us at madpi@madpiinvestigations.com; or write to us at: 4141 Sherbrooke Street West, Suite 650, Montréal, Québec H3Z 1B8.

Last Updated: October 7, 2018