Oakmont
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Terms & Conditions

Last Updated: January 2025 | Effective Date: January 2025

1. Introduction and Agreement Scope

These Terms and Conditions govern your use of services provided by Oakmont and access to our website. By engaging our services, submitting inquiries, or using our website, you agree to be bound by these terms. If you do not agree with any provision contained herein, you should not use our services or website.

These terms constitute a legal agreement between you (the "Client" or "you") and Oakmont (the "Firm," "we," "us," or "our"). They apply to all interactions including consultations, service engagements, and website usage.

2. Definitions

  • Services refer to legal advisory and consultation services provided by Oakmont in the areas of immigration, corporate administration, and real estate due diligence.
  • Client means any individual or organization engaging or seeking to engage our services.
  • Engagement refers to the formal commencement of professional services following consultation and agreement to terms.
  • Website means the Oakmont website accessible at oakmontyms.club and all associated pages.
  • Agreement encompasses these Terms and Conditions plus any engagement letters or service agreements executed between parties.

3. Use of Services

Eligibility

Our services are available to individuals aged 18 years or older with capacity to enter into binding agreements. Individuals under 18 must have a parent or legal guardian engage services on their behalf.

Service Engagement Process

Services commence upon mutual agreement following initial consultation. Engagement typically requires execution of service agreement or engagement letter specifying scope, fees, and terms. Initial consultations do not create attorney-client relationships unless explicitly agreed.

Information Accuracy

Clients must provide accurate, complete, and current information relevant to services being provided. Inaccurate or incomplete information may affect service quality and outcomes. Clients are responsible for notifying us promptly of any changes to previously provided information.

Client Cooperation

Effective service delivery requires client cooperation including timely provision of requested information, response to communications, and participation in necessary procedures. Delays in client cooperation may affect project timelines and outcomes.

4. Prohibited Uses

When using our services or website, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights of Oakmont or third parties
  • Transmit harmful code including viruses, malware, or similar items
  • Attempt unauthorized access to systems or data
  • Engage in fraudulent activities or misrepresentation
  • Harass, threaten, or abuse staff or other clients
  • Use automated systems to access website beyond normal browsing
  • Resell or redistribute our services without authorization
  • Provide false information or impersonate others
  • Interfere with proper functioning of services or systems

Violation of these prohibitions may result in immediate termination of services and potential legal action.

5. Intellectual Property

Ownership

All content on our website including text, graphics, logos, images, and software remains the property of Oakmont or its content suppliers. This content is protected by Canadian and international copyright, trademark, and intellectual property laws.

Limited License

We grant you limited, non-exclusive, non-transferable license to access and use our website for legitimate purposes related to exploring or engaging our services. This license does not permit downloading, reproduction, or distribution of content without express written permission.

Client Materials

Documents and materials prepared for clients during engagements become client property upon completion and payment of fees. However, we retain right to maintain copies for record-keeping purposes as required by professional regulations.

Work Product

Methodologies, processes, and general knowledge developed during service delivery remain our intellectual property and may be used in serving other clients, provided client-specific confidential information is not disclosed.

6. Payment Terms

Currency and Fees

All fees are stated in Canadian Dollars (CAD). Service fees are established at engagement commencement and communicated through engagement letters or service agreements.

Payment Timing

Payment arrangements vary by service type. Immigration and real estate services typically require payment before significant work commences. Corporate services may operate on retainer arrangements with periodic invoicing.

Accepted Payment Methods

We accept payment through electronic transfer, credit card, or certified cheque. Specific payment instructions are provided in engagement materials.

Additional Costs

Quoted fees cover professional services only. Additional costs including government filing fees, courier charges, translation services, or third-party searches are client responsibility and will be itemized separately.

Price Changes

Fees for ongoing services may be adjusted annually with reasonable notice. Adjustments reflect cost increases and market conditions. Clients may discontinue services if new fees are unacceptable.

Late Payment

Late payments may incur interest charges at rates permitted under Ontario law. Continued service provision may be suspended pending payment of outstanding balances.

Tax Treatment

Applicable taxes including Harmonized Sales Tax (HST) or Goods and Services Tax (GST) will be added to invoices as required by Canadian tax regulations.

7. Refund Policy

Refund Eligibility

Refunds may be available if services cannot be provided as agreed due to circumstances within our control. Requests must be submitted in writing within reasonable timeframes.

Non-Refundable Items

Work already performed, government fees paid on client behalf, and third-party costs incurred are non-refundable. Consultation fees are non-refundable once consultations occur.

Processing Time

Approved refunds are processed within 30 business days using the original payment method where possible.

Refund Method

Refunds are issued to the original payment source. If this is not feasible, alternative arrangements will be discussed.

8. Disclaimers and Limitations of Liability

No Outcome Guarantees

We cannot guarantee specific outcomes in legal matters. Immigration decisions rest with government authorities. Corporate filings depend on registry acceptance. Real estate investigations reveal existing conditions but cannot predict future issues. Our role involves professional guidance and preparation support, not outcome assurance.

Service Provided "As Is"

Services are provided using professional skill and care appropriate to the circumstances. However, we make no warranties regarding specific results, timelines, or outcomes beyond what is explicitly stated in service agreements.

Limitation of Liability

To the maximum extent permitted by law, our liability for any claims arising from services is limited to the fees paid for the specific service giving rise to the claim. We are not liable for indirect, consequential, or incidental damages including lost profits, business interruption, or other economic losses.

Third-Party Actions

We are not responsible for actions or decisions of government authorities, regulatory bodies, courts, or other third parties. Processing times, approval decisions, and procedural requirements rest outside our control.

Information Changes

Immigration policies, corporate requirements, and real estate regulations change periodically. While we make efforts to stay current, we cannot be held liable for unforeseen regulatory changes affecting matters in progress.

Client Risk Assumption

Clients acknowledge that legal processes involve inherent uncertainties and risks. Engaging our services does not eliminate these risks, though professional guidance may help navigate them more effectively.

9. Termination

Client Termination Rights

Clients may terminate services at any time by providing written notice. Fees for work performed to termination date remain due and payable. Refunds for prepaid services are handled according to our refund policy.

Firm Termination Rights

We may terminate services under circumstances including non-payment, client failure to cooperate, conflicts of interest, or professional ethical concerns. Reasonable notice will be provided except where immediate termination is professionally required.

Effects of Termination

Upon termination, we will provide clients with copies of materials in our possession that are reasonably necessary for clients to understand their matter status. Outstanding fees remain due. Confidentiality obligations survive termination.

Survival of Terms

Provisions regarding confidentiality, intellectual property, limitation of liability, and dispute resolution survive termination of the service relationship.

10. Dispute Resolution

Informal Resolution

Concerns or disputes should first be addressed through direct communication with our office. We encourage informal resolution before pursuing formal procedures.

Mediation

If informal resolution proves unsuccessful, parties agree to attempt mediation before pursuing litigation. Mediation costs are shared equally unless otherwise agreed.

Jurisdiction and Governing Law

These Terms are governed by the laws of Ontario and federal laws of Canada applicable therein. Any legal proceedings must be brought in courts located in Toronto, Ontario, and parties submit to the jurisdiction of such courts.

Limitation Period

Legal actions arising from services must be commenced within two years of the date when the claim arose or reasonably should have been discovered.

11. General Provisions

Entire Agreement

These Terms, together with any engagement letters or service agreements, constitute the entire agreement between parties regarding the subject matter herein, superseding all prior communications and understandings.

Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect. Invalid provisions will be interpreted consistently with applicable law to reflect original intent.

No Waiver

Failure to enforce any provision does not constitute waiver of that provision or right to enforce it subsequently. Waivers must be in writing to be effective.

Assignment

Clients may not assign or transfer rights or obligations under these Terms without our written consent. We may assign these Terms to successor entities or in connection with business transfers.

Notices

Notices under these Terms must be in writing and delivered to addresses provided during engagement or to [email protected]. Notices are deemed received when delivered personally, three business days after mailing, or upon confirmation if sent electronically.

Amendments

We reserve the right to modify these Terms at any time. Changes become effective upon posting to our website. Continued use of services after changes constitutes acceptance of revised terms. Material changes affecting active engagements will be communicated directly to affected clients.

12. Contact Information

Questions regarding these Terms & Conditions should be directed to:

Legal Inquiries

Email: [email protected]

Phone: +1 (416) 659-3847

Address: 77 King Street West, Suite 400, Toronto, ON M5K 0A1, Canada