Commercial - Construction Credit Solutions
Publication and Reward Agreement
B E T W E E N:
Credifacts (as hereinafter defined)
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The Judgment Creditor (as hereinafter defined)
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The Advisor/Tipster (as hereinafter defined)
WHEREAS Civil Judgments issued by various courts in Canada are inherently public, and
WHEREAS Credifacts maintains an internet platform for the purpose of publicly identifying enforceable orders and the parties who are responsible for paying the orders, and
WHEREAS a Judgment Creditor seeks to enforce a Civil Judgment and\or advise the public a Judgment Debtor as published herein has failed or refused to satisfy a court ordered judgment or an order for the payment of money enforceable by a competent court in Canada, and
WHEREAS a Judgment Creditor may be prepared to offer a reward for information which leads to an enforcement of such a Judgment, and
e Advisor/Tipster has information which he/she is prepared to share with the Judgment Creditor, which may assist in the enforcement of the Judgment.
HE/SHE are synonymous and may be used interchangeably herein.
JUDGMENT/COURT ORDER are synonymous and may be used interchangeably herein.
A) An amount collected is the amount received by the Judgment Creditor, (hereinafter “JC”) or any other JC from an enforcement process, resulting from a tip, less all fees paid to a court, auctioneer, sheriff and/or bailiff necessary to collect the money received.
B) Any fees paid to lawyers, trustees or agents should not be deducted from the amount received when calculating the Reward Amount.
C) Any further amounts paid to a party at arm’s length by pertinent authorities pursuant to the Creditors’ Relief Act, as it is known in the Province of Ontario or other equivalent provisions elsewhere, will not be taken into account when calculating the Amount Collected.
D) Asset will include employment wages which are subject to a garnishment order; property, bank accounts, vehicles, receivables owed to the Judgment Debtor, (hereinafter “JD”).
E) Eligible tip is a tip eligible to earn a reward for the Advisor / Tipster. A tip must include information sufficient enough to identify an asset of the JD. The tip has to be posted prior to the commencement of the enforcement process with regard to the identified asset and prior to all other tips capable of identifying the particular asset and has not been removed from the website.
F) Judgment means a Judgment or an order issued by any competent court or tribunal whereby any sum of money will be deemed payable and enforceable through a court within Canada and which also includes an award in proceedings on an arbitration if the award, in pursuance of the law in force in the province or territory where it was made, has become enforceable in the same manner as a Judgment given by a court therein.
G) JD means the person, individual and/or corporation, against whom the judgment was given by the courts and includes any person / corporation against whom the Judgment is enforceable in the place where it was given.
H) JC means the person / corporation by whom the Judgment was obtained and includes their executors, administrators, successors and assigns of that person;
I) Legal Representative means a person / corporation who is licensed within Canada to practice law or to provide legal services.
J) Original Court, in relation to a Judgment, means the competent court jurisdiction by which the judgment was granted.
K) A listing / posting is the information pertaining to a judgment and JDs submitted to Credifacts for publication on its website.
L) Credifacts o/o Stewart Valentine is a sole-proprietorship pursuant to the laws of Ontario and is engaged in the business of providing credit collection consulting services and an internet platform facilitating the publication of enforceable civil court orders and judgments in Canada.
M) JC is the individual / corporation who submits the judgment information to this website for publication and certifies the information to be true and pays to publish the particulars of the relevant order.
N) Registering court, in relation to a judgment, means the court jurisdiction in which the judgment has been registered in order to effect enforcement.
O) Reward amount is the amount payable by the JC to the Advisor/Tipster, which is equal to 10% of the amount collected as defined above except where the parties hereto have agreed otherwise.
P) Satisfied Judgment, for the purposes of this contract, is deemed to be after the JC has received the full amount of the awarded judgment amount including prejudgment interest and costs as awarded and the amount outstanding on the Judgment inclusive of post-judgment interest and enforceable costs.
Q) Tip is information posted by an Advisor/Tipster on this website in the prescribed manner.
R) Advisor / Tipster is an individual who lists/posts information on this website in the manner prescribed which information may assist a JC in the enforcement of the specific judgment.
2. The JC is required to provide all of the necessary information to identify the registering court office and the court file number sufficient to identify the court from which the relevant judgment is to be enforced.
3. In the event a published judgment on this website is filed in an additional court jurisdiction after the publication of the listing / posting the JC will immediately notify Credifacts of that information.
4. Prior to listing / publication the JC shall certify by way of affidavit that all the information provided by that person for publication is accurate and that the Judgment to which it pertains is enforceable.
5. The JC is responsible for the content of the listing / posting submitted by it and undertakes to reimburse Credifacts for all expenses reasonably incurred by Credifacts that result from any inaccuracies discovered within its listing/posting or any other breach of this agreement by the JC.
6. Once accepted and upon receipt of the prescribed fee and the properly executed affidavit provided by Credifacts, Credifacts will make the listing/posting available to the public free of charge for a period of one (1) year subject to the requirement that the listing/posting be removed from the website when the Judgment is satisfied. This term may be extended for a further second, third, fourth, etc. years by the payment of the prescribed fee providing the conditions set forth herein are still met.
7. In the event that there is any claim made that the information contained in a listing/posting is inaccurate or misleading Credifacts may require additional information and documentation from the JC as it deems necessary to establish the accuracy of all the information included within the listing/Posting.
8. In the event Credifacts does not receive the required information or the received information does not satisfy Credifacts, Credifacts reserves the right to remove the listing/posting without compensation to the JC.
9. In the event a Judgment has been satisfied as against an individual/corporation JD. The JC shall notify Credifacts immediately and Credifacts shall remove all information pertaining to that JD. In the event that a Judgment has been satisfied as against all JDs Credifacts shall remove the entire listing/posting from the website.
10. The JC will ensure Credifacts has in its database the JC’s current mailing address, phone number and email address. In the event the contact information provided by the JC is discovered to be incomplete or invalid then Credifacts may remove from public display its listing/posting(s) without compensation to the JC. It is acknowledged and understood that in the event Credifacts receives any challenge to the accuracy of the published information then it will need to contact the JC.
11. In the event Credifacts has exhausted all avenues in an attempt to contact the JC and is unable to reach the JC, Creditfacts may remove from public display its listing/posting(s) without compensation to the JC.
12. In the event that the JC indicates within its listing/posting that it is offering a reward then the JC will pay to the Advisor/Tipster the Reward Amount being 10% of the Amount Collected via any enforcement taken with regard to the asset as identified by the Advisor/Tipster within the Tip as defined above.
13. A JC who publishes Judgment information on this website may do so without offering a reward under this agreement. At any time after the publication the JC may offer a reward by indicating within the listing/posting. Once a reward has been offered it may not be rescinded unless there has been no Advisor/Tipster information provided within a ninety(90) day period from when the JC advises Credifacts to remove the reward percentage. Removal of the listing/posting from this site does not relieve the JC from its obligation to pay a Reward Amount relating to an enforcement that flows from an asset described in a Tip from the Advisor/Tipster.
14. It is understood by all parties that for a Advisor/Tipster to be eligible for a reward the Tip provided must: contain information sufficient to reasonably identify an asset suitable for an enforcement action, be posted on this website before all other Tips identifying that particular asset, and be posted prior to the JC (or any other JC) commencing enforcement proceedings having regard to the asset so identified.
15. The reward is to be only payable to the Advisor/Tipster based on the funds recovered by the JC resulting solely from the Tip the Advisor/Tipster presented to the JC. The JC at its discretion may decide to not take any enforceable action what-so-ever with regards to the Tip presented by the Advisor/Tipster. No reward needs to be paid in the event the enforcement action was commenced prior to the relevant Tip being provided.
16. Notwithstanding this contract the Advisor/Tipster and the JC are free to make whatever arrangement between themselves as they deem appropriate.
17. The Advisor/Tipster acknowledges responsibility for the information provided to the JC and to Credifacts.
18. The Advisor/Tipster agrees to hold Credifacts harmless and to indemnify Credifacts in the event of any loss or expense whatsoever is incurred by Credifacts as a result of information provided by the Advisor/Tipster.
19. Credifacts reserves the right to remove any Tip provided & posted on this site that upon its unfettered Judgment Credifacts deems, at its sole discretion, to be or any part thereof, to be inappropriate or in the event that the Tip, in its entirety, cannot reasonably be said to be relevant in aiding the JC in the identification of an asset which could lead to a collection or enforcement of an Order.
20. When a Tip is removed from the site the Advisor/Tipster who provided the Tip loses his eligibility for a reward with regard to that Tip. The Advisor/Tipster is free to re-submit the Tip in an appropriate manner. In the event Credifacts receives more than one inappropriate Tip from a single Advisor/Tipster Credifacts will be free to block all further Tips from the Advisor/Tipster.
21. In the event a relevant Order becomes subject to a stay of proceedings the JC shall forthwith cause its listing/posting to indicate such in the appropriate spot on the Judgment Information page.
22. In the event that a stay as described above is no longer in force and the Judgment is still enforceable the JC may then cause the relevant listing/posting to reflect that fact.
23. A Advisor/Tipster who provides information and seeks a reward on this site does so with the full knowledge that Credifacts is in no way responsible to pay any Reward Amount or to enforce or to aid in the enforcement of this contract as between the JC and the Advisor/Tipster.
24. In the event it is shown that a JC has not paid a Reward Amount as required hereunder then Credifacts may remove all listing/postings by the offending JC without compensation to the JC.
25. All parties to this agreement acknowledge Credifacts is not liable for any damages however caused resulting from anything whatsoever to do with the website credifacts.com, credifacts.ca, stewartvalentine.com or anything published or posted thereon by any party and that Credifacts is free to administer the website as it sees fit at its sole discretion subject to this agreement.
26. Any action brought relating to this contract which names Credifacts as a party thereto shall be brought in the City of Toronto, in the Province of Ontario.
27. Any action brought relating to this contract which does not name Credicats as a party shall be brought in the closest court of competent jurisdiction to wherever the JC resides or carries on business.
28. Credifacts reserves the right to reject a listing/posting at its sole discretion and without stating reasons therefore. In the event Credifacts rejects a listing/posting without stating reasons it will return the fee paid to it by the JC with the exception of the non-refundable evaluation fee.
29. In the event Credifacts discovers that any document required and provided during the request to publish, process or in any follow-up investigation thereafter is not bona fide, Credifacts may reject or remove a listing/posting of Judgment and JD information provided and will be free to retain the listing/posting fee as an administrative charge.
30. The JC understands that he may be contacted by Credifacts at any time and be required to provide such further evidence as Credifacts deems necessary to confirm the validity of the Judgment and/or JC information provided to Credifacts. It is understood that Credifacts may withhold or remove the listing/posting until such time as Credifacts receives such evidence as required by it.
31. The JC acknowledges that his contact information may be disclosed by Credifacts to an Advisor/Tipster who declares that he has reason to believe a reward is owing and provides evidence of same, or to a JD who declares and provides evidence that the listing/posting is in violation of this agreement, or pursuant to an order of a court of competent jurisdiction.
32. The Advisor/Tipster understands that his contact information will be emailed to the JC with a copy of his Tip. If the Advisor/Tipster declines to provide such contact information or provides insufficient information to accurately identify and contact him then the JC is under no obligation to pay a Reward Amount relating to that Tip even if one is earned.
33. The JC hereby agrees to keep all information regarding the identity of the Advisor/Tipsters confidential and agrees not to disclose any information which may tend to identity the Advisor/Tipster to anyone without the express written consent of the Advisor/Tipster or an order of a court of competent jurisdiction requiring the release of such information.
34. In the event there is a conflict with respect to the duties and obligations of a JC between the current version of this contract and the version in place at the time of the publication of the relevant Judgment then the version in place at the time of the publication of the relevant Judgment shall prevail.
35. This contract shall be deemed to have been made in Toronto, Ontario whose laws shall govern and will inure to the benefit of the parties hereto.