The term of this Agreement (the “Term’s and Conditions”) will begin on the date of this agreement and will remain in full force and effect until the completion of the services, which will be deemed, completed by The Smith Investigation Agency’s owner(s) or manager(s). The Term of this Agreement may be extended by mutual written agreement of the Parties.
The Client at this moment agrees to engage in investigative services with “The Smith Investigation Agency” Private Investigators to provide the client (you or your organization) with services (the “services”) consisting of:
Private Investigative Services – All or marked may apply but not limited to;
- Investigative Services-General
- Locates – Skip Tracing
- Background Checks
- Litigation Support
- Social Media Monitoring
- Asset Searching
- Proof of Residence
- Place of Employment
The Smith Investigation Agency hereby agrees to provide such services to the client. The services will also include any other tasks, which the parties may agree on.
Further terms of this agreement:
For surveillance services rendered by The Smith Investigation Agency, the Client will provide compensation (the “compensation”) to The Smith Investigation Agency at a rate or $80.00 per hour (unless otherwise agreed upon), $0.70 kilometre (unless otherwise agreed upon and as stated in writing), $150.00 Administration Fee (includes video evidence and report), 5-hour daily minimum in Southern Ontario, and 6-hour daily minimum in Northern Ontario. The minimum hours are consecutive and cannot be broken up throughout the day.
Spot checks will be charged the rate of surveillance $80.00 per hour, $0.70 cents per kilometre, Administration Fee and a 3-hour daily minimum. Spot checks only apply to files for legal, insurance and business purposes, and do not take the place of surveillance. If we are completing a spot check and the subject leaves and you wish for surveillance to be completed it becomes the surveillance rate of $80.00 per hour, $0.70 cents per kilometre, Administration Fee and a 5-hour daily minimum.
Travel time starts from our office, which is outlined upon services. We have offices throughout Ontario, including but not limited to, Toronto-GTA, Ottawa, Barrie, Sudbury and North Bay. The travel time from our office to the subject’s residence or place of work, if no activity, is based on Google Maps. In addition, travel time varies while tailing subjects. If the subject travels a far distance on surveillance, the travel time and kilometre will be billed while on the file, and then again upon returning to the office or the file location.
The Smith Investigation Agency has service locations throughout the province of Ontario. With locations throughout the province, we will always do our best to schedule an investigator to your case who is in close proximity to the subject’s residence, workplace, and/or other starting destination. If an investigator cannot start from a local area, kilometres will be charged from the investigator’s residence or our office, whichever location is closest. You will be notified if our investigators are coming from a further location than assumed, at which time kilometre rates or flat rates will be discussed if the travel is significant.
The Smith Investigation Agency works on a positive retainer and therefore intakes a minimum of $1,000.00 for surveillance services, and depending on the number of days, hours, kilometres and the Administration Fee, plus taxes, the retainer request may vary. For continued services beyond the retainer, we work with a positive retainer unless otherwise stated, case per case basis at the discretion of The Smith Investigation Agency. The general expenses on a file include but are not limited to, surveillance hourly fees, additional administration fees, kilometre fees, parking, accommodation, rental vehicles (if required), additional investigators (if required), taxes, and incidental, unforeseeable and out of pockets expenses.
In the event that the client (you or your organization) does not comply with the rates, amounts or payment dates provided in this agreement, a late payment penalty will be charged as follows: If the invoice is not paid within the time frame stated on the invoice or in agreements, the client (you or your organization) agrees to pay a late fee of $150.00 per day, per case basis, along with reimbursements of court fees, legal fees and/or collection fees. You will be given notice of this fee before the fee is applied.
The Smith Investigation Agency does not condone or support our investigators, staff or team members to violate the highway traffic act while on surveillance. If the subject drives in excess of the posted speed limits, and violates traffic laws, we hold the right to discontinue surveillance for public safety, as well as investigator safety.
Should the subject become suspicious of their surroundings during surveillance, driving reckless etc., we hold the right to utilize a secondary or more investigators, if two are already working the file, for the purpose of continuity and file success. This is an additional fee of $40.00 – $60.00 per hour per investigator, as well as $0.70 cents per kilometre fee per investigator. This fee will be charged more than the agreed price if this route is deemed necessary. In most cases the agency will contact you immediately, however in some cases when the client cannot be contacted, we will make the decision best suited for the case.
Omission of Information
Should a client withhold or purposefully omit and/or give false information, The Smith Investigation Agency has the right to charge for research services to obtain the proper and legal information required for the file or case.
Restraining Order, Stalking & Peace Bond
Should you have a no contact order, peace bond, stalking charge or restraining order, you are required to notify the agency (The Smith Investigation Agency) before the commencement of services. We do not complete files or research for individuals who are not in compliance with the law or terms of their restrictions.
Though a client may request a certain budget, there are cases where investigators exceed the original budget, for instance if the client originally wanted the 5 hour minimum of surveillance. The billing would be 5 hours of surveillance, plus travel time and if the subject were active beyond the 5 hours, the original pricing would reflect the added time. We work within a client’s budget, however there are no guarantees with a budget remaining the same with varying subject activities.
While on surveillance, if a client (you or your organization) attends a file or case where our investigators are working, and conducts illegal, inappropriate or dangerous behaviour, we have the right to discontinue services.
When purchasing the service of surveillance, we cannot guarantee an outcome. We can only provide the service of the licensed investigator attending to document activity. There are no refunds, exchanges or guarantees on investigative services. We will at every point exhaust all efforts to complete a file appropriately and within the law, however if a file has an outcome other than your expectation, we are not required to refund or exchange any money paid for the services rendered.
Illegal or Inappropriate Activity
The Smith Investigation Agency completes a large variety of investigative services. We will at no point document illegal or inappropriate activity. If we see activity that is illegal or inappropriate, we not only have the right to discontinue the file, we can also call the appropriate authorities to report the incident and/or any incident documented or visualized.
Loss of Visual Contact During Surveillance Investigation
During surveillance our investigator’s work within the law while tailing/pursuing a subject. The client understands that if visual contact were lost due to traffic conditions and/or aggressive driving etc., billing continues to be calculated during our efforts to relocate the subject. Billing at that time will be charged until the end of the minimum daily requirement and/or if beyond those workday hours until instructed by you. On your billable hours (after daily minimum), the client will be notified and can decide on instructions moving forward. Should we not be able to get a hold of you, the investigator will use their best judgement. Often protocol would be an immediate canvas of the area, attend previously frequented locations and lastly, return to address and/or workplace dependant on case particulars.
Accommodation, Per Diem and Travel Expenses
Should the investigator(s) case require them to stay in a hotel, motel or other accommodation, the price of the accommodation plus a 20% administration fee will apply. While out of town there is a daily per diem charge of $75.00 and any other expenses incurred will apply. These prices/fees will be discussed prior to the commencement of services.
If the case the investigator (s) are working on requiring them to rent vehicles for the purpose of continuity, discretion and confidentially occur you will be notified, and the price of the rental vehicle, insurance, damage, etc. will be billed as per the billing from the rental companies with an additional 20% administration fee.
As each file varies and the location per file also varies, we exercise the right to rent a vehicle if need be for the success of the file. For example, if the subject has a cottage, camp or residence on a lake, a boat would increase exposure to the subject’s above-mentioned property and increase file success. The same could apply as an advantage with the rental of a snowmobile, bicycle etc. Rentals will be discussed prior to commencing the case or during if need be. Should the use of an ATV be required, the investigator may use our company vehicles for the daily fee of $250.00 per machine when available.
The Smith Investigation Agency accepts payments from the following: Cheque (once cleared or from existing clients only), Credit Card, PayPal, Interact Email Transfer, and Cash (only in specific situations). Processing fees may apply to Credit Card and PayPal purchases. The fees are approximately 3.99% to 6.00%.
Invoice, Report and Video
Our team will send you an invoice for services rendered within 15 business days upon completion of services. Once services have been completed and when no outstanding balances are owed, is when video evidence and the final report are issued to the client (you or your organization). Remaining balances, if any, will be charged onto the credit card we received upon receipt of the assignment in agreement of paying for service overages to aid in late fee charges onto the client (you or your organization). Note, we hold the right to keep and not distribute video evidence or the final report, to all customers who have an outstanding balance. Video evidence and the final report can take approximately 20 business days to complete.
Should you require immediate surveillance, a rush fee may apply to your file in order to complete within the given time frame. The standard rush fee for 5 hours of surveillance is $1,000.00 for the 5 hours and any hours after that billed accordingly.
Should surveillance be cancelled on a last minute basis, especially in the case of frequent cancellations, not just once, a cancellation fee of $150.00 per instance will apply.
For any research services rendered by The Smith Investigation Agency, the client will provide compensation for such services.
All research services are flat rate and require full payment upfront. The prices for research services vary from $100.00 to $2,000.00 and up, dependant on the case. The price will be outlined to the client prior to commencing the research services. Prices issued and outlined above are before tax.
Our research team will exhaust all efforts in order to complete the research request however guaranteed results are not offered due to the nature of the services.
Refund or Exchange
A guaranteed outcome for the purchase of a research service is not achievable. However, detailed reporting of the licensed investigators findings can be made available. There are no refunds, exchanges or guarantees on investigative services, including but not limited to, research. The Smith Investigation Agency will exhaust all efforts to complete a file appropriately and within the law, however, if a case has an outcome other than your expectation, we are not required to refund or exchange any money paid for the services rendered.
Illegal or Inappropriate Activity
The Smith Investigation Agency completes a large variety of investigative services. We will at no point document illegal or inappropriate activity. If we see activity that is illegal or inappropriate, we have the right to discontinue services and call appropriate authorities to report such incident that has been documented or visualized.
Though approximate dates for completion of investigative research are provided, we cannot guarantee that results will be given within that period due to the nature of the services. Should extended time be required, the client or organization will be informed.
Confidentiality and Discretion
Our team will utilize the utmost confidentiality and discretion while completing research services.
Should we complete a research service for you (client or organization), and you are deemed unsafe for the subject or find out a peace bond, a no contact order, restraining order or similar is in place, we will discontinue the search without refund and will contact authorities, if necessary.
Our team works within the laws surrounding the privacy act and does not access or hack private accounts.
Should your research case require a spot check for confirmation, you will be charged the rate of surveillance $80.00 per hour, $0.70 cents per kilometre, the administration fee and a 3-hour daily minimum.
In the event that the client (you or your organization) does not comply with the rates, amounts, or payment dates provided in this agreement, a late payment penalty will be charged in the amount of $150.00 per day, per case basis, along with reimbursements of court fees, legal fees, and/or collections fees. Notice of the fee will be issued prior to it being applied.
Additional Research Time
Should additional research be required or added by the client, the addition will be billed accordingly to the flat rate fee for service and will be discussed prior to commencing such service.
Omission of Information
Should a client withhold, purposefully omit and/or give false information, The Smith Investigation Agency has the right to charge for research services to obtain the proper and legal information required for the file or case.
Restraining Order, Stalking and Peace Bond
If you have a no contact order, peace bond, stalking charge or restraining order, you are required to notify the agency (The Smith Investigation Agency) before the commencement of services. We do not complete files or research for individuals who are not in compliance with the law or terms of their restrictions.
Should a client abuse the information given to them, The Smith Investigation Agency is not held liable for any damages and/or injuries as a result.
The Smith Investigation Agency accepts payments from the following: Cheque (once cleared or from existing clients only), Credit Card, PayPal, Interact Email Transfer, and Cash (only in specific situations). Processing fees may apply to Credit Card and PayPal purchases. The fees are 3.99% to 6.00%.
Should you require immediate service, a rush fee may apply to the file or case in order to complete the provided timeframe. The fee will be dependant on the service and the due date.
Should surveillance be cancelled on a last minute basis, especially in the case of frequent cancellations during the file; more than once, a cancellation fee will take place in the amount of $150.00 per instance.
Any court appearances, testimony, expert witness or deposition, is subject to a base fee rate of $150.00 per hour (four-hour minimum) plus out of pocket expenses, kilometer rate ($0.70 per kilometer per investigator or staff member). Court appearances apply to present and future, which would be beyond the service and investigative dates.
Under no circumstances will a client harass our staff, team members or investigators. If during communication with our team, you or your organization become angered, upset and violent, we will reserve the right to discontinue communications. Should harassment persist, we will contact our legal team and or the authorities and proceed with legal or criminal action if needed.