Canada Study Plans
Service Terms & Conditions
The terms and conditions, including the “Engagement Terms” in the section that follows, outlines the engagement between Strategic Element Inc. (“SE”) and the customer (the “Client”); (each a “Party” and collectively the “Parties”), as of the date of the acceptance of this ‘Terms and Conditions’ document.
The scope of SE’s work includes the following deliverable (the “Deliverable”):
A study plan for use in applying for a Canada Study Permit. The study plan will meet the requirements of the Study Permit application, subject to the Client’s ability to provide factual information about his or her self that may not otherwise be known to SE.
SE agrees to deliver a draft of the requested Deliverable within five working days (not including weekends and holidays) from the time of receipt of all requested materials for the development of the Deliverable (as outlined in an initial questionnaire to be provided by SE following acceptance of this agreement). Client acknowledges that if information is provided initially to SE and then materially changed, that this will require extra work on SE's part and that deadlines and fees may need to be revised as a result. All information that is to be provided by Client to SE will be provided in sufficient detail to enable SE to develop the Deliverable; in the event that sufficiently-detailed information is not provided and SE requests more detail, receipt of requested information may only be counted at such time that additionally-requested information is received by SE from Client.
In the event there is a delay in Client’s providing materials or information to SE that delays start of work on the Initial Draft beyond two weeks from the date the Client receives the detailed questionnaire from SE, SE reserves the right to amend the delivery timing.
Fees and Payment
SE’s fee for this service has been set at $399 CAD plus applicable taxes, payable in advance. The fee is not refundable. This agreement shall be deemed to be accepted and effectively ‘signed’ by both Parties when payment is made and this agreement is accepted by the Client, by pressing ‘I Accept’ on this web page.
Client agrees and understands that they have a role in the development of the study plan. SE will provide assistance and research, where appropriate, but some questions must be answered by the Client, where it involves personal information that SE would not otherwise be able to know. It is important that personal information be truthful and complete: SE is unable to make any exceptions on this point.
As such please note the following is SE normal procedure and requirements for the development of the Deliverable:
Client will be provided with an initial questionnaire, so that Client can provide SE with as much information as possible. We will not use all information provided, but the more information we are given, the better the application will be.
Client agrees to communicate in English and to provide all requested information in English.Client agrees to use translation software such as Microsoft Bing Translator or a human translator if needed, in order to communicate effectively with SE in English.
SE does not provide interim drafts to its clients unless this is specifically arranged in advance as this will likely extend the timeline and increase the fees charged by SE
Client should ensure availability of themselves or an established representative via phone or email for questions while the study plan is being developed
Client agrees that the statements and recommendations presented in the study plan are the result of working with the Client and/or his or her representatives, and that in some cases SE inputs ideas and concepts to round out the study plan, as may be appropriate. Any such inputs by SE are to be considered as suggestions by the Client: these inputs shall be treated as acceptable to the Client if they are not asked to be changed.
In all cases, the Client takes full responsibility for the truth and accuracy of the content of the study plan, and for anything they may use it for (e.g. immigration visa).
These engagement terms form part of the engagement agreement between the Client and SE. All capitalized terms herein will have the same meaning as utilized in the engagement letter.
CONFIDENTIALITY – SE will maintain the confidentiality of the Client’s confidential information with the same degree of care as SE uses to protect our own confidential information, but in no event with less than a reasonable degree of care. For the purposes of these terms, confidential information does not include materials or information that: (a) is in the receiving party’s possession at the time of disclosure without the receiving party’s breach of any legal obligation; (b) becomes known to the receiving party through disclosure by sources other than the disclosing party who have the legal right to disclosure such confidential information; (c) is independently developed by or for the receiving party without reference to or reliance upon the disclosing party’s confidential information, or (d) is required to be disclosed by the receiving party to comply with applicable laws, provided prior written notice is granted to the disclosing party.
OWNERSHIP – Ownership of the final and complete Deliverable and Study Plan, and all work product created thereunder, upon the payment to SE of all fees associated with the Deliverable, will vest with the Client and all copyrights and legal protections in such materials will vest in and be the exclusive property of the Client.
Contractor IP means all intellectual property conceived, developed, reduced to practice or acquired by SE: (a) prior to the start of the engagement; or (b) during the term of this engagement independent of any services performed hereunder. Contractor IP includes general know-how, business processes, concepts, materials, methodologies, tools, software and other property proprietary to and developed by SE prior to the term of this engagement which is used or usable by SE in connection with providing products and services to other persons, firms, and entities. SE also retains ownership in all trademarks, marks, logos and business names associated with SE that are included in the Deliverable. To the extent necessary, SE grants the Client a perpetual, non-exclusive, royalty-free license to use any SE IP physically included in the Deliverable (for example our logos).
LIMITATION ON WARRANTIES –
SE represents that SE is free lawfully to make this agreement and will perform the services under this engagement in a workman-like manner that conforms to reasonable standards in the industry.
SE agrees to amend and fix the Deliverable at no additional charge, only in the event that a Study Permit application is refused on the grounds of a deficient study plan.This warranty will apply under all of the following conditions:
The study permit application was refused because of a deficient study plan
Client provides SE with a copy of the official government letter explaining the refusal of Client’s application.
Client hired and used an immigration lawyer or a licensed immigration consultant to prepare, review and submit the full Canada Study Permit submission and any required changes. Name and contact information will be requested to execute any warranty claims.
No changes were made to the study plan developed by SE.This will be demonstrated by the Client by providing to SE with a copy of Client’s full application, excluding personal or sensitive information.
Client accepted and incorporated all advice provided by SE and by Client’s lawyer or immigration consultant.
Any required revisions will apply to the same school and program (or course) as was originally provided to SE by Client.
Any warranty claims by Client must be provided to SE in writing, no later than 3 months from the date this agreement was undertaken.
SE makes no other warranties, express or implied, and specifically disclaim all other express and implied warranties, including any implied warranties of merchantability or fitness for a particular purpose. SE will develop the Deliverable according to the known rules, guidelines and regulations governing business plan development as they exist at the time that the development of the Deliverable is commenced by SE. SE makes no warranties or representations with regard to any changes in rules regulations or guidelines that may occur after the relevant part of the Deliverable has been developed by SE.
LIMITATION OF LIABILITY – In no event will SE be liable to the Client, or any person asserting claims on behalf of the Client, for consequential, indirect, incidental or special damages of any nature (including without limitation, lost profits or business opportunity costs). SE’s maximum liability to the Client will be a claim of direct, identifiable damages not to exceed the amount of fees paid to SE by the Client. This limitation of liability will also apply after termination of this agreement.
CLIENT WARRANTY AND COVENANTS – The Client represents and covenants that all information provided to SE by the Client in connection with the services provided by SE (including such information included in the study plan) is truthful and accurate and does not infringe the intellectual property rights of any third party. SE will not be liable to the Client for any damages, loss, expense or claim of loss arising from use or reliance on this information.
INDEMNIFICATION – In the event of a legal proceeding or other claim brought against SE by a third party arising in any manner out of or in connection with the rendering of services to the Client hereunder (including with respect to Client’s breach of the warranties and covenants described above), the Client shall indemnify and defend SE and its personnel, shareholders, directors and agents, against all costs, damages and liabilities associated with such third party claims, except if such claim arises from SE’s gross negligence or willful misconduct.
GENERAL – This agreement shall be governed by the laws of the Province of Ontario. The Client may not assign this agreement without the prior written consent of SE.
Strategic Element Inc.
Toronto, Ontario, Canada