Home - Terms & Conditions
The term of this Agreement (the “Terms and Conditions”) will begin on the date it is accepted by The Client and will remain in full force and effect until the completion of the services, which completion shall be determined by The Smith Investigation Agency Inc.’s owner(s), manager(s), or staff. The term of this Agreement may be extended by mutual written Agreement of the parties.
By entering into this Agreement, The Client (you or your organization) agrees to engage The Smith Investigation Agency Inc. to provide investigative services, which may include but are not limited to:
• Inquiries
• Interviews
• Surveillance
• Process Serving
• Asset Searching
• Spot Check(s)
• Background Checks
• Property Search(es)
• Location Verification
• Proof of Residence
• Place of Employment
• Litigation Support
• Insurance Investigations
• Corporate Investigations
• Fraud & Scam Investigations
• Missing Persons / Wellness Checks
• Landlord-Tenant Issues
• Social Media Monitoring
• Locates, Skip Tracing
• Investigative Services – General
• Genealogical / Heir-Tracing Searches
• Investigative and Security-Related Training
• Open-Source Intelligence (OSINT) Investigations
• Infidelity & Family Law Investigations (including child custody and cohabitation clauses)
• Technical Surveillance Counter Measures (TSCM)
The Smith Investigation Agency Inc. agrees to provide such services to The Client, along with any additional tasks or investigative services mutually agreed upon in writing.
Subcontractors & Affiliates
To provide national coverage, the Agency may assign portions of the work to licensed subcontractors or affiliated investigators.
Hours of Operation
For the purposes of these Terms and Conditions, the Agency’s business hours are Monday to Friday, 8:00 a.m. to 4:00 p.m. (EST), and Saturday, 10:00 a.m. to 2:00 p.m. (EST). All communications, including emails, phone calls, or service cancellations, must be made and acknowledged within these business hours. Any communications sent outside of business hours will be deemed received on the next business day, and cancellations submitted outside of business hours may not be seen or accounted for until regular office hours resume.
Legal Boundaries of Investigative Services
The Client acknowledges that The Smith Investigation Agency Inc. is a licensed investigative agency operating in compliance with all applicable federal and provincial laws in Canada, including but not limited to the Private Security and Investigative Services Act (PSISA) in Ontario and comparable legislation in other provinces and territories. The Agency and its investigators are subject to strict legal and ethical standards and will only conduct investigations within the bounds of Canadian law.
The Client further acknowledges that unrealistic expectations or assumptions based on fictional portrayals of private investigators in television, film, or media do not reflect the lawful scope of services provided. The Agency will not, under any circumstances, engage in or condone unlawful conduct, including but not limited to hacking or unauthorized access to devices or accounts, trespassing, unlawful entry, intimidation, harassment, or “honey trapping” tactics.
By retaining the Agency, the Client agrees that all services will be conducted lawfully, ethically, and professionally, and that dissatisfaction based on the Agency’s refusal to break the law or exceed its legal authority does not entitle the Client to a refund, credit, or claim of non-performance. The Client expressly understands that investigative outcomes are limited to factual, lawful, and obtainable information, and that the Agency cannot be held liable for any perceived lack of results where such expectations would require unlawful or unethical practices.
Confidentiality and Discretion
The Smith Investigation Agency Inc. exercises the highest level of confidentiality and discretion in all investigative and research services. All information provided by The Client, as well as any information obtained during the course of an investigation, will be treated as strictly confidential and will not be disclosed to any third party without The Client’s prior written consent, except where required by law.
The Agency operates in full compliance with all applicable federal and provincial privacy, investigative, and professional conduct laws in the jurisdictions where services are provided. All investigators are licensed professionals and are bound by the Private Security and Investigative Services Act (PSISA) in Ontario and comparable legislation in other provinces, as well as any other legal or regulatory standards that apply to the investigative industry.
The Client acknowledges that discretion is a core principle of the Agency’s work. The Agency commits to carrying out all assignments in a professional, discreet, and confidential manner, ensuring that neither the subject(s) of the investigation nor unrelated third parties are made aware of The Client’s involvement.
Confidentiality obligations extend beyond the closure of the file and remain in effect indefinitely, unless disclosure is required by law, regulation, or court order.
Protection of Sources
The Smith Investigation Agency Inc. maintains formal agreements restricting the use and disclosure of its third-party databases, research tools, and professional resources. To preserve compliance, licensing requirements, and investigative integrity, the Agency reserves the absolute right to maintain the anonymity of its sources. Under no circumstances will the Agency disclose or provide details of the specific sources, databases, methods, or tools used to obtain information, unless the Agency, in its sole discretion, determines that disclosure is necessary and appropriate in the context of the investigation or legal proceedings. The Client acknowledges and agrees that such sources are proprietary to the Agency and its partners, and are not subject to disclosure as part of investigative deliverables.
Privacy Act
The Smith Investigation Agency Inc. operates strictly within the bounds of the law in every province and territory in which services are provided, as well as under all applicable federal laws of Canada, including the Privacy Act, the Personal Information Protection and Electronic Documents Act (PIPEDA), and relevant provincial privacy and investigative legislation. The Agency and its investigators will not access or attempt to hack private accounts, nor will they engage in any unlawful, unethical, or deceptive activity outside of what is permitted under provincial licensing laws and federal regulations. The Agency will not accept any assignment that requires or requests conduct in violation of these laws. The Client will be advised prior to engagement of any requested actions that cannot legally or ethically be undertaken. By proceeding, the Client acknowledges and accepts that all investigative services must remain within the boundaries of Canadian law and professional licensing requirements.
Data Retention & Destruction
Subject to legal holds and regulatory requirements, the Agency may retain case records (including reports, media, notes, and communications) for up to seven (7) years after file closure, after which they may be securely destroyed. On written request, and where lawful, the Agency will delete Client-provided personal information, except where retention is required for legal, audit, insurance, or evidentiary purposes.
Call Recording Consent
The Client acknowledges and consents to the recording of Agency phone lines for quality, training, security, and evidentiary purposes. Recordings are handled in accordance with the Agency’s privacy practices and applicable law.
Intellectual Property & License to Use Deliverables
The Agency retains all right, title, and interest in its methods, templates, processes, know-how, and work product. The Agency grants the Client a non-exclusive, non-transferable license to use deliverables (reports, media) solely for lawful purposes directly related to the retained matter. The Client shall not resell, redistribute, or publicly post deliverables without the Agency’s prior written consent, except where filed in legal proceedings.
If the Agency is required by subpoena, warrant, court order, or regulator to disclose information relating to the Client or a file, it may do so to the extent legally required and will notify the Client where lawful. Time and expenses responding to such process are billable at applicable rates.
Assignment Forms
The Client is required to complete our official assignment form in order for us to intake case details and instructions. All correct and relevant information pertaining to the subject(s) of the investigation must be provided in this form for proper submission to our Agency. Information shared informally over the phone, by text message, or in separate emails may be overlooked, and The Smith Investigation Agency Inc. will not be responsible for missing, incomplete, or overlooked details if they are not provided in the assignment form.
Investigators will not be supplied with The Client’s personal information unless specifically authorized for a particular investigative situation, to maintain discretion and confidentiality.
If additional information must be added to the case details after initial submission, the Client must complete a new assignment form with the file number and an explanation of the updates. Confirmation of receipt of the new form must be obtained from our in-house team.
The Client is expected to be truthful, accurate, and complete when submitting information through the assignment form. Submission of false, misleading, or incomplete information may impact the outcome of the investigation and may result in additional charges or termination of services.
Assisted Completion of Assignment Forms
In circumstances where The Client is unable to complete the assignment form directly (including but not limited to cases involving elderly clients, clients with disabilities, or other limitations), a representative of The Smith Investigation Agency Inc. may complete the form on The Client’s behalf by phone or other means, based strictly on the information communicated by The Client. The Smith Investigation Agency Inc. is not responsible for any errors, omissions, or inaccuracies that arise from information provided verbally by The Client or their representative. All phone lines are recorded, and calls are documented and retained to protect the Agency from liability for errors not originating with our team.
Omission of Information
The Client has a duty to provide full, accurate, and truthful information at the outset of the assignment. If the Client withholds, omits, or provides false, misleading, or incomplete information, The Smith Investigation Agency Inc. reserves the right to charge for all additional research, investigative work, or corrective measures required to obtain accurate and lawful information.
In services such as locates and skip tracing, it is essential that The Client disclose all known details about the subject(s). If the Agency provides an outdated address or information that the Client already knew but failed to disclose, the Agency is not responsible for the duplication, delay, or outcome, and additional search fees will apply for any further work required.
The Client acknowledges that withholding, omission, or falsification of information may compromise or delay the investigation, and in such cases, all work remains fully billable. Any failure to disclose information voids all entitlement to refunds, credits, or exchanges.
Electronic Acceptance, Signatures & Communications
The Client agrees that this Agreement and any related documents may be executed, accepted, authorized, and delivered electronically. Electronic signatures, digital signatures, scanned signatures, online form submissions, email authorizations, electronic acknowledgements, and other forms of electronic acceptance shall have the same force and effect as an original handwritten signature to the extent permitted by applicable law.
Submission of a completed Assignment Form, Payment Option Form, or other Agency intake form, or authorization to proceed provided by email or other electronic means, constitutes the Client’s acceptance of these Terms and Conditions and authorization for The Smith Investigation Agency Inc. to proceed with the requested services.
The Client consents to receiving invoices, reports, notices, agreements, evidence, and other communications or documents electronically at the email address or other electronic contact information provided by the Client.
Electronic copies of this Agreement, forms, authorizations, communications, and related records may be maintained by the Agency and shall be treated as originals to the extent permitted by applicable law.
Payment Options
The Smith Investigation Agency Inc. accepts payments by cheque (from existing clients only and only once cleared), credit card, PayPal, Interac e-Transfer, and wire transfer. A processing fee applies to all credit card and PayPal payments at the rate of 3.5% + $0.15 per transaction, which is non-refundable. By proceeding, the Client agrees to all processing fees as a condition of payment.
Unless otherwise agreed to in writing by the Agency, full payment is required in advance before services will commence. In the case of payment by cheque or wire transfer, services will not begin until funds have cleared the Agency’s account. All fees are charged in Canadian dollars (CAD) and are exclusive of applicable taxes.
The Client acknowledges and agrees that payment for services is binding and final. Any attempt to reverse, withhold, or dispute payments through a credit card provider, PayPal, or other third-party payment service will be treated as an unauthorized or bad-faith chargeback and subject to the Agency’s Credit Card Disputes policy, including administrative, legal, and collection fees.
All amounts are in Canadian dollars (CAD). Payments must be made free and clear of any set-off or withholding; if withholding is required by law, the Client will gross-up the payment so the Agency receives the full invoiced amount.
Compensation & Retainer
The Agency typically requires a minimum retainer of $1,200.00 for surveillance services. The exact amount may vary depending on the anticipated length of surveillance, the number of investigators required, travel time, mileage, administrative fees, and other anticipated expenses. A positive retainer balance is required at all times, and investigative services will not proceed or continue without sufficient funds on file. If services exceed the initial retainer, additional funds must be deposited immediately before further work will continue.
Retainers are non-refundable except as expressly outlined in these Terms and Conditions. Retainers cover not only investigative time but also administrative time, report writing, travel, mileage, equipment, multimedia, and any other associated expenses. Retainers left unused for longer than three (3) months will automatically convert into a non-refundable credit applied toward future services and will not be available as a monetary refund. Converted credits are valid for twelve (12) months from the conversion date, are non-transferable, and expire automatically if not used within that period.
The Client acknowledges and agrees that any unpaid balances are due immediately upon invoicing and may be referred to collections without further notice. By accepting these Terms, the Client further agrees to be liable for all costs of collection and enforcement, including but not limited to legal fees, court filing fees, administrative charges, skip tracing, surveillance, and process serving required to recover the debt.
The Agency may suspend or terminate services immediately upon non-payment, bad-faith disputes, material breach of these Terms, or unlawful/unsafe instructions. All time and expenses incurred to date remain fully billable.
Budget
Budgets provided by The Client are treated strictly as estimates only and are not caps or limitations on services. Due to the unpredictable nature of surveillance, actual costs may exceed estimates depending on subject activity, travel requirements, conditions, or other unforeseen factors.
The Client may request a budget guideline (for example, 8 hours of surveillance per day); however, the Client acknowledges and agrees that the Agency reserves the right to continue surveillance beyond the requested budget where the subject remains active, in order to maintain continuity, capture critical evidence, and ensure the overall success of the case. Stopping prematurely could compromise the investigation, and the Agency will not be held liable for incomplete or missing documentation resulting from an arbitrary budget limitation.
Where possible, the Agency will notify the Client if activity extends beyond the requested scope, but in situations where the subject remains active and immediate client contact is not possible, investigators will exercise professional judgment and continue surveillance as necessary. All additional hours and expenses incurred in these circumstances remain fully billable.
Late Fees
Invoices must be paid in full within the timeframe stated on the invoice. Any overdue balance will accrue interest at the rate of 2% per month (24% per annum), simple interest, or the maximum rate permitted by law, whichever is lower, until paid in full. The Client will also be liable for all reasonable costs incurred by the Agency in enforcing payment, including but not limited to collection agency fees, legal fees, court filing costs, process serving, skip tracing, and surveillance or investigative work necessary to locate and enforce judgment against the Client.
All unpaid balances will be referred to collections without further notice. By agreeing to these Terms and Conditions, the Client acknowledges that they may also be pursued in Small Claims Court or higher court as appropriate and expressly accepts liability for all additional costs associated with collection and enforcement.
Credit Card Disputes
The Client acknowledges and agrees that by submitting an assignment form and engaging The Smith Investigation Agency Inc. (“the Agency”), they are entering into a binding contract for investigative services. As part of the intake process, the Client is required to provide valid government-issued identification and signature to confirm their identity, acknowledge these Terms and Conditions, and accept responsibility for all charges related to services, including the agreed service rates, administration fees, expenses, and applicable taxes. The Agency strictly prohibits unauthorized or bad-faith credit card disputes (chargebacks).
In the event of a dispute or non-payment, all balances will accrue 2% interest per month, simple interest until resolved, and the Agency reserves the right to refer the matter to collections and pursue legal action in Small Claims Court or higher court as appropriate. By agreeing to these Terms and Conditions, the Client expressly accepts liability for all costs incurred by the Agency in the recovery of unpaid fees, including but not limited to surveillance, skip tracing, background checks, witness statements, process serving, filing fees, court fees, and all related legal expenses.
All administrative work associated with credit card disputes, collections, or enforcement will be billed at a legal administrative fee of $300.00 per hour, and all emails, phone calls, or attempted communications with the Client to resolve the matter will be billed in 15-minute increments per attempt. The Client further understands and agrees that bad‑faith disputes and non-payment may be reported to law enforcement authorities, and that any investigative or legal work required to collect the outstanding balance will be billed in full to the Client in addition to administrative, legal, and court fees.
Invoices, Reports & Video Evidence
All investigative services require full payment up front. Reports and video evidence will only be released once the file is completed and all balances are paid in full.
The final invoice, reporting, and video evidence will be released within twenty-five (25) business days of file completion. In most cases, reporting is provided much earlier; however, in complex cases involving multiple investigators or substantial amounts of evidence, the Agency reserves the right to utilize the full twenty-five (25) business days to properly compile, review, and finalize documentation. If additional time beyond this is required to ensure accuracy, completeness, and court-ready standards, the Agency reserves the right to extend this period further.
All video evidence provided to clients is delivered muted by default and is edited for clarity, relevance, and confidentiality unless the Client specifically requests otherwise in writing prior to file closure. Requests for unedited or raw video made after reporting has been completed will be subject to additional editing and preparation fees billed at $150.00 per hour with a three (3) hour minimum.
Technical errors, including but not limited to data loss, corruption, or equipment malfunction, while rare, are outside the Agency’s liability. In such circumstances, surveillance hours remain fully billable as services were performed, though multimedia charges may be waived at the Agency’s discretion.
Reports and media may be delivered electronically (including secure links). Electronic delivery to the Client’s designated email address constitutes delivery.
File Dormancy & Closure
If the Client is unresponsive for thirty (30) consecutive days after a written request for instructions, the file may be closed at the Agency’s discretion. Earned fees and costs will be deducted from any retainer; any remaining credit will follow the retainer/credit rules in these Terms.
Evidence Handling & Admissibility
The Agency follows professional practices for collecting, handling, and storing evidence (including maintaining reasonable chain‑of‑custody practices). However, the Agency does not warrant that any particular court or tribunal will admit such evidence; admissibility determinations rest with the adjudicator.
Video evidence is captured only where it is lawful, relevant, and necessary to the objectives of the case. In insurance matters, this may include documenting activity inconsistent with claimed injuries or physical limitations. In personal or family cases, this may include documenting infidelity, custody-related conduct, or unlawful acts relevant to the file. The Client acknowledges that not all activity may be recorded, and video is obtained strictly within the limits of law and investigative best practices.
Rush Fees
Requests for surveillance or other investigative services with less than twenty-four (24) hours’ notice may be subject to a rush fee starting at $300.00, with higher fees applied depending on the complexity of the case, travel requirements, scheduling demands, and the number of investigators required. Rush fees are in addition to all standard hourly rates, mileage, administration, and other applicable charges.
If The Client requires an immediate report or expedited video delivery, a $300.00 rush fee per item will apply, in addition to regular administrative and multimedia charges. For complex files involving multiple investigators or significant amounts of evidence, the Agency reserves the right to charge higher rush fees to account for the additional resources, time, and scheduling adjustments required to produce court-ready materials on an accelerated basis.
Client Communication Beyond Free Consultation
The Agency provides a complimentary 15-minute consultation at the start of each case to discuss objectives and intake information. Following this initial consultation, all necessary communication related to the case will continue as part of normal investigative work. However, the Client acknowledges that excessive, repetitive, or unnecessary communication beyond what is reasonably required for the file—including but not limited to repeated phone calls, emails, or text messages—can be time-consuming and detract from active investigative efforts.
Accordingly, any client communication that goes beyond what is necessary for the effective handling of the case will be billed at $150.00 per hour, calculated in 15-minute increments for each email, phone call, or text message requiring a response. This includes follow-up calls, ongoing questions, or requests for updates that extend past the reasonable requirements of the case.
The Agency reserves the right to determine what constitutes “excessive” or “beyond necessary” communication, and all such time will be added to the Client’s billable hours.
Client Communication
The Agency will communicate with The Client during research only where clarification of provided details is required or where updates are necessary to ensure accuracy. The Client acknowledges and agrees that ongoing or “real-time” status updates will not be provided, as such communication can compromise case integrity, create confusion among staff and investigators, and cause unnecessary disruption to the investigative process.
The Client further understands that all communication must remain purposeful and relevant to the file. Any communication that exceeds what is reasonably necessary for the handling of the case—including repeated or excessive emails, phone calls, or text messages—will be billed as outlined in the Agency’s Client Communication policy above. This includes all time spent responding to such communication, billed in fifteen (15) minute increments.
The Client consents to receive electronic communications from the Agency that are reasonably necessary for intake, performance, billing, and delivery of services and deliverables.
Notices
Notices must be sent to office@smithinvestigationagency.com or to 3 Royce Avenue, Unit 6, Orillia, ON L3V 5H8. Notices sent by email will only be deemed received once the Agency replies with confirmation of receipt. Emails without confirmation of receipt from the Agency are not considered delivered. Notices delivered by courier or personal delivery are deemed received on the date of actual delivery during business hours.
Force Majeure / Service Disruption Disclaimer
Existing cases will not be refunded due to delays or interruptions caused by events outside of the Agency’s control, including but not limited to pandemics, public health emergencies, government shutdowns, court or office closures, postal or delivery delays, natural disasters, labour strikes, staff absences, or other force majeure events. Such events may cause reporting or evidence delivery to take longer than anticipated. The Client acknowledges these risks and agrees that patience is required, as investigative reporting and evidence may be delayed under such circumstances. Where operationally feasible, services will be rescheduled or adjusted in good faith to mitigate impact, but refunds will not be issued for delays or disruptions caused by force majeure events.
Surveillance – Rates & Fees
Surveillance services rendered by The Smith Investigation Agency Inc. (“the Agency”) are billed at a rate of $100.00 – $250.00 per hour, inclusive of investigator travel time (rates vary by service, province, and assignment requirements unless otherwise agreed to in writing). Mileage is billed at $1.00 – $2.00 per kilometre (unless otherwise agreed to and documented in writing). A one-time administration fee of $275.00 is required. This fee covers preliminary searches, administrative handling, intake, and the preparation of the initial report. Where reporting exceeds eight (8) pages, additional report writing and editing time will be billed at a flat rate of $30.00 per page. A separate multimedia fee of $100.00 applies for video evidence of 10 minutes or less, with each additional 10-minute increment billed at $100.00. A daily minimum of 6 consecutive hours applies to most locations. In rural or remote locations, an 8-hour daily minimum applies. All minimums are billable once investigators have been deployed.
Holiday Premiums (Surveillance)
Holiday Premiums (Surveillance). Work performed on a statutory or civic holiday (as designated by the province or territory where services are performed) is billed at 1.5× the applicable surveillance hourly rate. Kilometre charges, administration, multimedia, per diem, parking/tolls, rentals, and other pass-through expenses are billed at standard rates. The premium applies to hours worked between 00:00 and 23:59 local time on the holiday, including any in-lieu/observed holiday days. Holiday premiums are in addition to any rush fees. Hourly multipliers do not stack; if more than one would apply, the single highest multiplier governs.
Surveillance Expectations
The Agency is not responsible for the actions of subjects observed during surveillance and has no control over the activities documented. Investigators will document activities relevant to the objectives of the file unless otherwise directed in writing by The Client. Interior video will only be obtained when lawful and reasonably possible. The Agency will not trespass or engage in illegal conduct to obtain evidence.
Travel Time
Travel time is always billable at the applicable surveillance rate and begins from the Agency’s closest office location or, where applicable, the investigator’s residence. Billing continues until investigators return to their starting point. The Agency maintains offices in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, and Nova Scotia, and travel is billed from the nearest office whenever possible to reduce client costs. If no local investigator is available, travel will be billed from the investigator’s residence or the Agency’s office, whichever is closer. Where anticipated travel exceeds 1.5 hours, the Client will be notified in advance, and applicable mileage rates or flat travel fees will be discussed. For certainty, travel time remains billable even when the subject is not in motion, as investigators remain actively deployed to the case.
Additional Investigators & Safety Measures
If a subject becomes suspicious, engages in evasive or reckless driving, or circumstances otherwise require additional resources, the Agency reserves the right to deploy additional investigators to maintain case continuity, discretion, and safety. Each additional investigator is billed at $100.00 per hour plus $1.00 per kilometre, calculated from the time of deployment until release from the case. Standard daily minimums apply.
The Agency will make reasonable efforts to contact The Client for approval prior to assigning additional investigators; however, if The Client cannot be reached, case management reserves the right to make an executive decision in the best interests of the file’s success and the safety of all parties involved. All investigators will obey provincial and federal traffic laws at all times. If surveillance would otherwise require unlawful driving or unsafe conduct, investigators will disengage and redeploy additional resources as necessary. The Client acknowledges that surveillance outcomes may be impacted by lawful safety restrictions and that the Agency is not liable for missed activity caused by compliance with the law.
Loss of Visual Contact / Subject Identification
Surveillance is inherently unpredictable. The Client acknowledges that investigators are licensed professionals and are required to obey all municipal, provincial, and federal laws, including but not limited to the Highway Traffic Act. Investigators will not engage in unsafe, illegal, or reckless behaviour to maintain contact with a subject. If a subject drives erratically, at excessive speeds, or in a manner that would require investigators to violate traffic laws, investigators will disengage and continue surveillance only where it can be lawfully and safely resumed.
If visual contact is lost due to traffic, weather, aggressive driving, or other uncontrollable factors, investigators will continue reasonable and lawful efforts to relocate the subject. This may include canvassing the area, attending previously frequented locations, or returning to the subject’s residence or workplace. If The Client cannot be reached for instructions, case management and/or the investigator will exercise professional judgment in determining the next steps. If the wrong subject is documented because of incomplete, inaccurate, or misleading identification information provided by The Client, surveillance hours remain billable as investigative services were performed in good faith.
Accommodation, Per Diem & Travel Expenses
If accommodation, flights, rental vehicles, parking, or other significant travel-related expenses are required for the completion of services, the Client will be responsible for reimbursement of the full actual cost of such expenses. In addition, a 25% administration fee will be applied to each individual booking or transaction. While on out-of-town assignments, investigators are entitled to a daily per diem of $100.00 in addition to all actual expenses incurred.
Rental Vehicles & Equipment
Where case continuity, discretion, or safety requires the use of a rental vehicle or specialized equipment, the Client will be notified. Rental costs and related expenses are billed at actual cost plus a 25% administration fee per booking. Agency-owned specialized equipment may be rented at a daily rate of $500.00 per machine per day, in addition to investigator hourly rates and other expenses.
File Interruptions by Client
For the safety of investigators, subjects, and the public, the Client must not interfere with any active surveillance operation. If the Client attends or approaches a surveillance location, follows or contacts the subject, or otherwise engages in illegal, dangerous, reckless, or inappropriate behaviour while investigators are deployed, The Smith Investigation Agency Inc. reserves the right to immediately terminate services.
The Client understands and agrees that investigators cannot and will not provide constant, real-time updates during surveillance, as doing so may compromise case success and place investigators at risk. Updates will only be provided at the discretion of case management where it is safe and appropriate to do so.
If services are interrupted or compromised due to The Client’s actions, no refunds will be issued under any circumstances, and all time, expenses, and retainers remain fully billable. The Agency also reserves the right to charge for any additional costs incurred as a result of the interruption, including redeployment, additional investigators, or extended hours.
Should the Client’s behaviour constitute unlawful conduct, the Agency further reserves the right to notify law enforcement or appropriate authorities and will provide documentation of the incident as required.
Safe work; right to withdraw. Where conditions are unsafe or would require unlawful conduct, the Agency may cease operations and withdraw personnel. Time and expenses up to withdrawal remain fully billable.
Process Serving – Rates & Fees
Process serving services rendered by The Smith Investigation Agency Inc. are billed at $100.00 per hour, plus $1.00 per kilometre travelled. A $150.00 administration fee applies per file, which covers file opening, intake, scheduling, and commissioning/affidavit of service (notarization only if specifically required by a court outside the ordinary commissioning process). Time is billable from deployment (including travel, waiting, coordination with building/security, and on-site attendance) until return.
Attempts, Scheduling & No Guarantee
The Client understands that the Agency cannot guarantee that a subject will be present at any particular date/time or that service will be effected on the first attempt. The Agency will make reasonable, lawful attempts at varied times/days where operationally appropriate. Multiple attendances may be required, and all additional attendances are billable at the rates above. The Agency does not guarantee service by any deadline unless expressly agreed in writing and subject to rush fees and availability.
Client Duties for Process Serving
The Client must provide accurate information sufficient to identify and locate the subject (e.g., current address, photo/description, known schedules, vehicle details, gate/buzzer codes, workplace policies). If information is incomplete, inaccurate, or outdated, additional attempts and/or research will be billable. The Agency does not provide legal advice regarding the legally sufficient method of service; the Client/counsel must instruct the method permitted under the applicable court rules and timelines.
Travel, Access & Wait Time
Travel time is billable. Time spent waiting at a location (including scheduled windows requested by the Client or required by building/security) is billable at the hourly rate, in 30-minute increments. Parking, tolls, gate fees, and similar access costs are billable at actual cost.
Proof of Service & Deliverables
Upon completion, the Agency will provide an Affidavit of Service (or Affidavit of Attempted Service where service was not effected), commissioned as required. Where lawful and feasible, deliverables may be supplied electronically via a secure link. If original wet-ink affidavits or extra copies are requested, courier and handling charges apply.
Unsuccessful Service; Substitute or Alternative Service
If personal service cannot be effected after reasonable attempts, the Agency will notify the Client. Any motion or request for substituted/alternative service, e-service, or mail service must be instructed by the Client/counsel, and any related preparation/attendance is billable. The Agency does not warrant that a court will accept substituted or alternative service.
Rush, After-Hours, Weekend & Holiday Premiums
Printing, Copies & Handling
Where the Client requires the Agency to print or assemble service packages, printing/handling is billed at $0.50 per page (B&W) and $1.00 per page (colour), plus time for preparation. Additional affidavits/copies beyond the original are billed at $25.00 per affidavit/copy plus time and courier if applicable.
Multiple Recipients / Locations
Service on additional recipients and/or at additional locations is a separate assignment unless otherwise agreed and is billed at the standard hourly/mileage rates. Where multiple recipients are served during the same attendance, each recipient’s affidavit is billed as above.
Address Confirmation & Light Research (Optional)
If instructed, the Agency can perform address confirmation or light pre-serve research/OSINT to improve the likelihood of successful service. This work is billed at $100.00 per hour plus any database or access fees at actual cost.
Safety, Lawful Conduct & Right to Withdraw
The Agency will not trespass, misrepresent identity, or engage in unlawful or unsafe conduct to effect service. Where conditions are unsafe, hostile, or would require unlawful conduct, the Agency may cease operations and withdraw personnel. All time and expenses up to withdrawal remain billable.
Cancellations & Rescheduling (Process Serving)
Cancellations or rescheduling within the same day of a scheduled attendance are subject to a $150.00 cancellation fee plus any time/expenses already incurred. If a server is already en route or on site, all time/expenses up to that point remain billable in full.
Court Filing / E-Filing / Courier (If Requested)
If the Client requests filing or e-filing after service, the Agency’s time is billable at the hourly rate. Court filing, e-filing portal, courier, postage, and third-party charges are billed at actual cost plus a 25% administration fee, consistent with the Document Retrieval terms.
Deadlines & Client Responsibility
The Client is responsible for providing sufficient lead time before court deadlines. The Agency is not responsible for missed deadlines where the Client retained the Agency late, provided incomplete/incorrect information, or where the subject evaded service despite reasonable attempts.
Optional line-items you can add (choose any)
Spot Checks
Spot checks are billed at $150.00 per hour plus $1.25 per kilometre, with a 3-hour daily minimum and a $275.00 administration fee. Spot checks are limited in scope and are designed solely for quick verification purposes, such as confirming whether a vehicle is present, whether lights are on at a residence, or whether a subject is at a specific location. A spot check is not a substitute for surveillance and is not offered as a reduced-cost alternative.
If, during a spot check, the subject is observed or activity indicates that surveillance is required, the service will automatically convert into surveillance, and all billing will immediately shift to surveillance rates, kilometre charges, and the applicable daily minimums. All time will remain fully billable from the moment the investigator was deployed, including the time spent conducting the initial spot check.
Holiday Premiums (Spot Checks)
Holiday Premiums (Spot Checks). Work performed on a statutory or civic holiday (as designated by the province or territory where services are performed) is billed at 1.5× the spot check hourly rate. Kilometre charges, administration, parking/tolls, and other pass-through expenses are billed at standard rates. The premium applies to hours worked between 00:00 and 23:59 local time on the holiday, including any in-lieu/observed holiday days. Holiday premiums are in addition to any rush fees. Hourly multipliers do not stack; if more than one would apply, the single highest multiplier governs.
Witness Statements & Interviews
Witness statements and interviews are billed at $150.00 per hour with a 4-hour daily minimum, plus mileage, administrative charges, and report writing billed at the investigator’s hourly rate. All time is billable from deployment to completion.
If audio or video recordings are required, a $200.00 multimedia fee applies per recording, in addition to the investigator’s hourly rate. Any additional costs, such as secure rental space, parking, meals, or related incidentals, will also be billed directly to the Client. These costs are subject to a 25% administrative fee per booking to cover coordination time.
The Client understands and agrees that the process of conducting interviews extends beyond the face-to-face interview itself. For every one (1) hour of interviewing, the Agency typically requires two (2) to three (3) hours of additional time for transcription, editing, analysis, and preparation of a court-ready report. This time is billed at the investigator’s standard hourly rate.
Preparation work is also required prior to interviews, including reviewing case files, developing questions, and arranging logistics. Such preparation is included in billable time. Where the Client provides specific questions, they will be considered, but the Agency reserves the right to modify, omit, or reframe questions at the investigator’s discretion to ensure compliance with ethical standards, professional best practices, and the overall success of the interview.
The Agency does not guarantee the cooperation of witnesses or subjects. Non-cooperation, refusal, dishonesty, or hostility on the part of an interviewee does not entitle The Client to a refund, as the investigator’s professional time and effort remain fully billable. The Client may not be present during interviews unless expressly authorized in writing by the Agency.
In certain circumstances, the Agency may conduct interviews anonymously or in a discreet capacity to preserve the confidentiality of the investigation. Reports produced from witness statements and interviews are prepared to professional standards suitable for legal or court proceedings; however, the Client acknowledges that the reliability and accuracy of information obtained is dependent on the cooperation and honesty of the interviewee, and the Agency cannot guarantee the truthfulness or completeness of third-party statements.
Surveillance Cancellation
Last-minute cancellations of a scheduled surveillance shift (defined as cancellations made on the same day of deployment or after business hours on the business day immediately prior) are subject to a $500.00 cancellation fee per instance, in addition to any time and expenses already incurred.
If an entire surveillance case is cancelled prior to field deployment, the $275.00 administration fee remains payable, and in addition, a cancellation fee of twenty-five percent (25%) of the remaining agreed-upon budget will be applied.
If an entire surveillance case is cancelled after field deployment has begun, all time and expenses incurred up to that point remain billable in full, and a $500.00 cancellation fee will apply.
All cancellations must be confirmed in writing (email is accepted). Verbal cancellations are not valid unless specifically acknowledged in writing by the Agency. Until such confirmation is provided, the case will be considered active, and all applicable time and expenses remain billable.
Refunds
The Client acknowledges that outcomes of surveillance cannot be guaranteed. The nature of investigative work is inherently unpredictable, and The Agency cannot control the actions, activity level, or movements of a subject. Dissatisfaction with the results, including but not limited to “no activity” or limited activity observed during the surveillance period, does not entitle The Client to a refund. The service being purchased is the professional time, presence, and expertise of licensed private investigators to conduct surveillance and document activity lawfully — not a guaranteed outcome.
If a surveillance file is cancelled after being scheduled, a 25% cancellation fee applies to the remaining agreed-upon budget. The $275.00 administration fee remains payable in all cases. All retainers and fees are otherwise non-refundable, except as expressly stated in these Terms and Conditions.
Remaining retainer funds (if any) will be refunded within 60 business days of file closure, provided the file is closed in writing by The Client. File closure requests must be confirmed by the Agency.
No refunds will be issued for delays or interruptions caused by COVID-19, force majeure events, or other circumstances beyond the Agency’s control. Files impacted by such events will be rescheduled where possible, but no refunds will be provided.
Technical Surveillance Counter Measures (TSCM).
By engaging The Smith Investigation Agency Inc. for Technical Surveillance Counter Measures (TSCM), The Client acknowledges that they are contracting the Agency for professional bug sweep and counter-surveillance services. These services are highly specialized, limited in availability, and require significant technician consultation, team preparation, equipment organization and transport, scheduling, and coordination. TSCM services begin immediately upon intake and payment, and not solely at the time of the on-site sweep. Services include, but are not limited to, client consultation, intake processing, team consultation and preparation, scheduling, equipment selection and testing, equipment transport, technician travel (including flights or long-distance driving where required), the on-site sweep, team debrief, review of findings, reporting, and case finalization. All of these steps form part of the contracted service, and therefore, services are considered delivered once intake is complete, regardless of whether the sweep itself proceeds.
The Client is responsible for full-service charges once an appointment is scheduled. If the Client cancels with less than twenty-four (24) hours’ notice during business hours (Monday to Friday, 8:00 a.m. to 4:00 p.m. EST), refuses entry, fails to make the premises available, or otherwise prevents completion of the sweep, full fees remain payable. If the Client cancels with more than twenty-four (24) hours’ notice during business hours, the Agency will refund twenty-five percent (25%) of the total amount charged. The remaining seventy-five percent (75%) is retained as earned fees for consultation, administrative time, preparation, scheduling, and reserved investigator/technician availability. This retention constitutes partial performance of the contract and is agreed to be earned consideration, not a penalty. If technicians have already begun travel or equipment has been mobilized prior to cancellation, no refund will be issued regardless of notice provided.
Technician time, travel, accommodations (if required), per diem, and equipment costs are billable in addition to service fees at the Agency’s standard rates of $150.00 per hour, mileage charges of $1.25 per kilometre, and a 25% administrative fee on all bookings and arrangements. The Client understands and agrees that the Agency’s time is valuable and not subject to renegotiation once these Terms of Service are accepted, as cancellations or missed appointments result in financial loss to the Agency due to reserved resources, missed opportunities to serve other clients, and the extensive scheduling and preparation already undertaken for the assignment.
The Client further acknowledges that TSCM services are conducted in accordance with professional industry standards using lawful methods and equipment, and results are limited to what is reasonably and lawfully detectable at the time of the sweep. The Agency does not guarantee the absence of all electronic devices or surveillance threats and is not liable for undetectable, newly introduced, or future threats after completion. The Agency is equipped to conduct sweeps on vehicles, residences, commercial properties, offices, municipal and corporate buildings, political offices, and other lawful environments. Devices subject to examination may include, but are not limited to, computers, phones, tablets, and other electronic or physical equipment.
All TSCM services are otherwise non-refundable, as fees cover the consultation, intake, preparation, scheduling, travel, expertise, and deployment of highly specialized equipment, licensed technicians, and investigative resources. Any attempt to dispute or reverse payment after services have been engaged will be treated as a fraudulent chargeback, and the Client will remain liable for the full cost of services as well as all administrative, legal, and collection fees incurred by the Agency in enforcing payment.
Investigative Research
All investigative research services provided by The Smith Investigation Agency Inc. (“the Agency”) are billed on a flat-rate fee basis. Fees vary depending on the type of research service requested and the amount of information provided by The Client at the outset. The Client understands that payment covers the Agency’s time, professional expertise, administrative work, and access to licensed investigative databases and resources, and does not guarantee a particular result.
For skip tracing and locate services, the Agency offers two service levels:
The Client will be informed in advance if the file must be upgraded from a Standard Locate to an Enhanced Locate. The Client may choose whether or not to authorize the additional resources. If the Client declines, the Standard Locate results provided will be considered final, and no refund will be issued.
In addition to locates, the Agency also provides cyber research, pre-employment screening, background checks, genealogy and ancestry research, fraud-related research, asset searches, and other specialized investigative research services. All such services are billed on a flat-rate basis and are subject to the same non-refundable policy.
The Agency does not rely on Google or free publicly accessible databases alone. Investigators use a combination of licensed private investigator–specific databases, proprietary research tools, OSINT (Open-Source Intelligence), public records, and other lawful investigative methods. For operational and security reasons, the Agency reserves the right not to disclose the specific tools, methods, or databases used to complete a case.
All investigative research services are non-refundable regardless of outcome, as fees are based on the professional time, resources, and expertise dedicated to the search rather than on guaranteed results.
Additional Research Time
If additional research is required or requested by the Client, such services will be billed separately and in addition to the original flat-rate fee. In circumstances where the Agency determines that additional research is necessary for the success or continuity of an ongoing case, the Agency reserves the right to proceed in the best interests of the file. All additional research conducted under these circumstances will be fully billable to The Client.
Locate and skip tracing cases that require reruns of searches due to outdated, inaccurate, or limited address information will be placed on a 90-day hold. After this period, new searches may be conducted in an effort to obtain updated information, at the Client’s expense. Additional fees will apply to all reruns, as each new search is considered a separate investigative effort.
The Client acknowledges that all locate and research results are considered accurate as of the date the search is completed. The Agency is not responsible for changes to a subject’s circumstances after the date of reporting, including but not limited to relocation, changes in employment, or changes in contact information.
Compensation
All research services are billed on a flat-rate basis and require full payment in advance. Fees for research services begin at $300.00, and the exact price will be outlined to the Client prior to commencement. All prices are exclusive of applicable taxes.
If The Client submits an assignment form and subsequently chooses not to proceed with services, a minimum administrative fee of $300.00 will be charged. All unpaid fees will be subject to collections and legal enforcement, and the Client will be liable for all associated costs.
The Client acknowledges and agrees that investigative research results are not guaranteed. While the Agency will exhaust all applicable professional resources, including licensed investigator databases, OSINT, and other lawful investigative methods, the Agency cannot guarantee that new or updated information will be located, or that results will meet The Client’s desired outcome. All research services are non-refundable and non-exchangeable, as fees cover the professional time, expertise, and resources applied to the file rather than a guaranteed result.
Document Retrieval
While the Agency maintains access to information sources and agreements with third-party databases, certain matters may require document retrieval through external offices such as courthouses, registries, archives, or government agencies. The Client acknowledges that access to such records is subject to the timelines and procedures of the third-party office, which may take weeks or months depending on the workload, backlog, or administrative delays of the institution. The Agency has no control over these timelines, and such delays do not entitle The Client to a refund.
When court documents or third-party records are required, all associated costs will be billed to The Client as follows:
The Client understands that document retrieval is a specialized service that may require significant time, travel, and administrative effort, and all such work remains fully billable regardless of whether the information obtained meets The Client’s desired outcome.
Turnaround Time
For investigative research services, the estimated turnaround time is typically five (5) to twenty-five (25) business days. This range is provided as an approximation only and is not a guarantee, as the time required to complete research may vary depending on the availability of information, cooperation of third parties, and the Agency’s current case volume. In some instances, additional time may be required beyond this range to complete the file thoroughly and accurately.
The Agency will make every effort to complete work within the estimated timeframe, but the Client acknowledges that investigative research is inherently unpredictable and no exact completion date can be guaranteed. Delays of any kind do not entitle The Client to a refund, credit, or cancellation of fees.
If The Client requires expedited completion, a specific deadline, or priority handling, a rush service may be purchased at the time of hire for investigative research or surveillance. Rush services are subject to additional fees and investigator availability.
Refund or Exchange
Payment for research services covers the Agency’s professional time, administrative effort, and access to investigative resources. For this reason, there are no refunds, exchanges, or guarantees of outcome under any circumstances.
The Client acknowledges that all research cases are considered active and in progress immediately upon receipt of the assignment form and payment. Administrative work begins at once, including but not limited to file intake, case assignment, review of client-provided details, database access, and preparation of investigative strategy. These processes generate real costs to the Agency from the moment the file is received.
Accordingly, no refunds will be issued regardless of how soon after purchase a refund request is made. Dissatisfaction with results, lack of patience with turnaround times, or a change of mind after services have been retained does not entitle The Client to a refund or exchange. The flat fee includes both administrative and research time, and once payment has been submitted, all fees are fully earned by the Agency.
No Guarantee of Investigative Research
The Client acknowledges and agrees that investigative research services cannot and do not come with any guarantee of outcome. The Smith Investigation Agency Inc. will exhaust all lawful and professional resources in performing research services; however, due to the nature of investigative work, results may include previously known information, outdated information, or no new findings despite diligent effort.
The Client further understands that all research results are considered accurate only as of the date the search is completed. The Agency is not responsible if the subject’s circumstances change after completion, including but not limited to relocation, changes in employment, or changes in personal contact information.
Cases may, where appropriate, be placed on hold for a period of 60 to 120 days to allow new data to surface. If additional research is requested after that time, the Client may authorize further work, which will be billed at additional flat-rate fees.
Disappointment with the results or the fact that new or updated information is not available does not entitle The Client to any refund, credit, or exchange. Payment covers the Agency’s professional time, expertise, and access to resources, and is not a guaranteed result.
Court Appearance
Court testimony, expert witness appearances, depositions, and any related proceedings are billed at $150.00 per hour with a six (6) hour minimum, plus $1.25 per kilometre for travel and all related expenses (e.g., parking, meals, accommodations if required).
The Client understands and agrees that court-related services extend beyond the actual time physically spent in court. Each investigator must dedicate substantial professional time to reviewing case materials, surveillance reports, video evidence (where applicable), field notes, and supporting documentation to ensure accuracy and court readiness. This includes preparing summaries, making notes, consulting with counsel (if required), and ensuring all evidence is organized and properly documented for admissibility.
All time required for court preparation is billable at the investigator’s standard hourly rate. Depending on the complexity of the case and the volume of evidence, court preparation and appearances may require 10 to 20 hours or more per investigator. The Client is responsible for all such time, regardless of whether the case is ultimately heard in court, adjourned, or resolved prior to testimony.
Court appearance fees apply to both current and future attendances, regardless of whether the original surveillance or investigative dates were already paid for. The Agency reserves the right to require advance payment for anticipated court time and preparation before scheduling attendance.
Restraining Orders, Peace Bonds & Legal Compliance
The Client must fully disclose any no-contact orders, peace bonds, restraining orders, or other legal restrictions prior to retaining the services of The Smith Investigation Agency Inc. The Agency will not undertake any work for clients who are in violation of such legal restrictions.
If, during the course of an investigation, it is determined that the Client has been untruthful, has withheld relevant information, or is in violation of a restraining order, peace bond, or other legal restriction, the Agency reserves the right to immediately discontinue all services without refund.
In cases involving surveillance or research, the Agency further reserves the right to withhold reporting, video evidence, or other investigative findings if the release of such information could reasonably cause harm, facilitate harassment, or otherwise violate the terms of a restraining order, peace bond, or legal compliance requirements. In such instances, all time and expenses incurred remain fully billable, and no refunds will be issued.
Illegal or Inappropriate Activity
The Smith Investigation Agency Inc. will not engage in, promote, or document any illegal, unethical, or inappropriate activity. Under no circumstances will the Agency or its investigators participate in so-called “honey trapping,” entrapment, or any other deceptive or inappropriate tactics beyond lawful surveillance and investigative methods.
If the Client engages in, requests, or attempts to involve the Agency in illegal, dangerous, or inappropriate conduct, services will be immediately terminated without refund, and authorities may be notified where appropriate.
The Client acknowledges that all investigators retained by the Agency are licensed professionals and are required to operate in strict compliance with applicable laws and the Code of Conduct under the Private Security and Investigative Services Act (PSISA). If an individual investigator violates the law or acts outside the professional standards of their license, the Agency will not be held responsible for such conduct. Responsibility for any unlawful or unprofessional actions rests solely with the individual investigator, who remains personally accountable for upholding their license, legal obligations, and professional code of conduct.
Harassment
Under no circumstances will The Client harass, threaten, abuse, or act in a hostile, disrespectful, or inappropriate manner toward Agency staff, team members, or investigators. Harassment includes, but is not limited to, verbal abuse, written or electronic communications (including emails, texts, or online postings), in-person interactions, or any conduct intended to intimidate or demean the Agency or its personnel.
If communication becomes hostile, abusive, inappropriate, or violent, the Agency reserves the right to immediately terminate all contact and discontinue services without refund of any fees paid. All time, expenses, and retainers will remain fully billable. If harassment causes disruption or additional costs to the Agency, the Client may also be held liable for such costs.
Should harassment persist, the Agency will engage legal counsel and/or notify law enforcement and will pursue all remedies available in civil and criminal law.
Defamation & Breach of Contract
The Client acknowledges and agrees that all investigative findings, reports, and evidence provided by The Smith Investigation Agency Inc. are based solely on factual, lawful, and verifiable information available at the time of the investigation. The Agency does not fabricate, manipulate, or embellish information to satisfy client expectations, and reporting is provided objectively and without bias.
The Client further acknowledges that investigative services are based on professional time, resources, and expertise, not guaranteed outcomes.
As such:
The Client expressly agrees that dissatisfaction with outcomes — including allegations of incomplete, inaccurate, or outdated findings where the Agency has reported factually on the information available — does not entitle them to refunds, credits, or exchanges. Any statements by the Client suggesting otherwise, including false claims regarding the Agency’s methods (e.g., alleging reliance solely on “Google” or mischaracterizing investigative practices), will be treated as defamatory and a breach of contract.
The Agency reserves the right to pursue damages, injunctive relief, and recovery of legal costs for any false, misleading, or defamatory claims made by the Client regarding the accuracy of reports, investigative methods, or outcomes provided.
Limitation of Liability
“Limitation. To the maximum extent permitted by law, the Agency’s total aggregate liability arising out of or relating to this Agreement will not exceed the fees paid by the Client to the Agency for the specific matter giving rise to the claim in the three (3) months preceding the event. The Agency is not liable for indirect, incidental, special, punitive, or consequential damages, loss of profits, or loss of chance.”
Indemnity
“Indemnity. The Client shall indemnify and hold harmless the Agency, its officers, employees, and investigators from any claims, damages, costs (including reasonable legal fees) arising from (i) the Client’s breach of this Agreement, (ii) the Client’s misuse of deliverables or information, or (iii) the Client’s failure to disclose material facts or unlawful instructions.”
Intellectual Property & License
“IP. The Agency retains all right, title, and interest in its methods, templates, processes, know-how, and work product. The Agency grants the Client a non-exclusive, non-transferable license to use deliverables (reports, media) solely for lawful purposes directly related to the retained matter. The Client shall not resell, publish, or publicly post deliverables without the Agency’s prior written consent, except where filed in legal proceedings.”
Data Retention & Destruction
“Retention. Subject to legal holds and regulatory requirements, the Agency may retain case records and media for up to seven (7) years after file closure, after which they may be securely destroyed. On written request, and where lawful, the Agency will delete Client-provided personal information, save where retention is required for legal, audit, or insurance purposes.”
Call Recording Consent
“Recorded Lines. The Client acknowledges and consents to the recording of Agency phone lines for quality, training, security, and evidentiary purposes. Recordings are handled in accordance with the Agency’s privacy practices and applicable law.”
Evidence Handling & Admissibility
“Evidence. The Agency follows professional practices for collecting and handling evidence; however, it does not warrant that any particular court or tribunal will admit such evidence. Admissibility determinations rest with the adjudicator.”
Conflicts & Withdrawal
“Conflicts. If a conflict of interest arises (including dual instructions from adverse parties), the Agency may decline or withdraw from the assignment with reasonable notice and a refund of any unused retainer (less earned fees and costs), where applicable.”
Publicity / Non-Disparagement (safer framing)
“Public Statements. The parties agree not to publish false statements about the other. Nothing restricts a party’s right to make truthful statements or to seek legal recourse. The Agency may seek injunctive relief and damages, including reasonable legal costs, for proven defamatory publications.”
Dispute Resolution (optional but helpful)
“Dispute Resolution. Before commencing legal proceedings, the parties will first attempt in good faith to resolve the dispute through a senior-level discussion, and, failing that, non-binding mediation in Simcoe County within 30 days. This clause does not prevent urgent court applications (e.g., injunctive relief or collections).”
Taxes
“Taxes. All fees are exclusive of applicable taxes. The Client is responsible for HST/GST/QST or other applicable taxes, which will be added to invoices.”
Electronic Signatures & Counterparts
“E-Signatures. The parties agree that electronic signatures and counterparts have the same force and effect as originals.”
Consumer Addendum
Where the Client is an individual acting for personal, family, or household purposes, the parties acknowledge that certain provisions may be subject to provincial consumer protection laws. In the event of a conflict, this Agreement will be interpreted to comply with applicable consumer legislation. In the event of a conflict, consumer protection laws will override these Terms only to the extent required by law.
General Provisions
• Governing Law & Forum: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the courts of Ontario, sitting in Simcoe County (Orillia), for any claim arising out of or relating to this Agreement. The parties confirm that this Agreement and all related documents are in English.
• Entire Agreement: These Terms plus the Assignment Form are the entire Agreement.
• Amendments: Must be in writing and signed (including e-signature).
• Severability: Invalid provisions do not affect the enforceability of the rest.
• Waiver: Failure to enforce a right is not a waiver.
• Notices: Notices must be sent to office@smithinvestigationagency.com or to 3 Royce Avenue, Unit 6, Orillia, ON L3V 5H8. Email notices are deemed received only once the Agency replies with confirmation of receipt. Courier/personal delivery is deemed received on the date of actual delivery during business hours. Deliveries received outside business hours are deemed received on the next business day.
• No Legal Advice: The Agency does not provide legal advice.
• Conflicts of Interest: The Agency may decline or withdraw where conflicts arise, with any unused retainer refunded (less earned fees and costs), where applicable.
• Insurance: The Agency does not provide insurance coverage for investigative risks. The Client is responsible for maintaining its own insurance where appropriate.
• Assignment: The Client may not assign or transfer this Agreement without the Agency’s prior written consent. The Agency may assign this Agreement to its affiliates or successors.
• Survival: Confidentiality, indemnity, limitation of liability, intellectual property and license, governing law and forum, payment obligations, and notices survive termination or expiry of this Agreement.
• No Third-Party Beneficiaries: This Agreement creates no rights in any third party.
Final Disclosure
The Smith Investigation Agency Inc. reserves the right to update these Terms and Conditions at any time without prior notice, as necessary to reflect operational realities, business practices, client arrangements, or legislative/regulatory changes affecting investigative services. The Agency provides comprehensive coverage of its services to ensure clarity of expectations and to protect against contractual risk. These Terms and Conditions are binding, enforceable, and designed to secure certainty in the working relationship between The Client and the Agency.
The Client acknowledges that any assumptions, guesses, or expectations not expressly confirmed in writing by the Agency do not create obligations for the Agency. A failure by the Client to seek clarification does not transfer responsibility to the Agency for any misunderstanding. By proceeding, the Client acknowledges that these Terms are intended to protect both parties and that they ensure compliance with applicable law while safeguarding the Agency’s rights, resources, and reputation.
