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Last Updated: June 2026
These Terms of Service (“Terms”) govern the use of services provided by WeServe&File Inc. (“WeServe&File”, “we”, “our”, or “us”).
By requesting services, submitting an assignment, obtaining a quote, creating an account, uploading documents, making payment, accessing our website, or otherwise engaging WeServe&File, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are acting on behalf of a corporation, law firm, financial institution, government entity, or other organization, you represent and warrant that you have authority to bind that organization to these Terms.
These Terms apply to all services provided by WeServe&File unless otherwise agreed to in writing.
WeServe&File provides litigation support and document management services including, but not limited to:
Services may be performed directly by WeServe&File or through authorized employees, contractors, affiliates, agents, or third-party service providers.
All services are provided on a commercially reasonable efforts basis and are subject to availability, legal requirements, court procedures, weather conditions, recipient availability, access restrictions, and other factors beyond our control.
WeServe&File is not a law firm and does not provide legal advice.
Any information, observations, recommendations, reports, comments, or communications provided by WeServe&File are for informational and administrative purposes only and shall not be construed as legal advice.
Clients are solely responsible for:
Nothing provided by WeServe&File creates a solicitor-client relationship.
The client agrees to:
WeServe&File shall not be liable for any delays, losses, damages, costs, rejected filings, failed service attempts, missed deadlines, or other consequences arising from inaccurate, incomplete, outdated, or misleading information provided by the client, the actions or omissions of third parties, or any circumstance beyond WeServe&File’s reasonable control.
Except as expressly set out in these Terms, WeServe&File makes no guarantee regarding the outcome, acceptance, completion, timing, or success of any assignment.
By submitting an assignment, requesting services, approving a quote, or otherwise engaging WeServe&File, the client authorizes WeServe&File to take all reasonable steps necessary to complete the requested services.
This authorization includes, but is not limited to:
The client acknowledges that WeServe&File may rely upon information provided by the client and that the client remains responsible for the accuracy of such information.
In order to provide services across Canada and other jurisdictions, WeServe&File may utilize employees, contractors, agents, affiliates, and third-party service providers.
All services performed by such individuals or organizations are conducted under the direction and coordination of WeServe&File.
Clients engage WeServe&File as their service provider, and WeServe&File remains solely responsible for coordinating, managing, and administering assignments and shall remain the client’s primary point of contact throughout the engagement.
While WeServe&File takes reasonable steps to select, monitor, and support service providers, certain aspects of service delivery may be affected by circumstances beyond WeServe&File’s control.
Service fees are based on the information available at the time a quote is provided.
Additional fees may apply for:
Quotes are estimates only and may be adjusted if assignment details materially change after a quote has been provided.
WeServe&File may, at its sole discretion, extend credit terms to certain approved clients, including law firms, financial institutions, government organizations, insurance companies, collection agencies, lenders, and other approved commercial clients (“Approved Credit Clients”).
Approval for credit terms may be granted, withheld, suspended, or revoked at any time at the sole discretion of WeServe&File.
All other clients, including self-represented litigants, individuals, and businesses without an approved credit account, shall be subject to the payment terms outlined below.
Approved Credit Clients may be invoiced for services rendered and shall be subject to Net 30 payment terms unless otherwise agreed in writing.
Payment is due within thirty (30) days of the invoice date.
Unless otherwise approved by WeServe&File in writing, self-represented litigants, individuals, and non-credit clients shall pay for service attempts in advance.
The initial service fee shall cover the first service attempt.
If additional service attempts are required:
WeServe&File reserves the right to require payment in advance at any stage of an assignment.
Accounts exceeding payment terms may be suspended.
Interest may be charged on overdue balances at 2% per month (24% annually) or the maximum rate permitted by law.
Any discounts applied to an invoice may be revoked if payment becomes delinquent.
The client shall be responsible for all reasonable collection costs, legal fees, court costs, and recovery expenses incurred by WeServe&File.
WeServe&File reserves the right to suspend active assignments, withhold affidavits, reports, court filings, service documentation, completed work product, and other deliverables on accounts that are past due until satisfactory payment arrangements have been made.
Unless otherwise directed by WeServe&File, payments received may be applied to the oldest outstanding invoices first.
WeServe&File reserves the right to apply payments to any outstanding balance owed by the client regardless of any invoice reference, file number, matter number, or payment instructions provided by the client.
By providing a credit card, debit card, electronic payment authorization, or other payment method to WeServe&File, the client authorizes WeServe&File to charge such payment method for:
The client represents and warrants that they are authorized to use the payment method provided.
If a payment is declined, reversed, disputed, charged back, or otherwise fails, the client remains responsible for all amounts owing and any fees incurred by WeServe&File in recovering such amounts.
WeServe&File reserves the right to suspend services pending successful payment.
WeServe&File may advance disbursements on behalf of clients in order to complete assignments.
Disbursements may include, but are not limited to:
All disbursements advanced by WeServe&File are fully recoverable and payable upon invoicing.
Unless otherwise agreed in writing, disbursements are not subject to dispute once incurred and are non-refundable.
Clients may request cancellation of an assignment by providing written notice to WeServe&File through an approved communication channel.
A cancellation request shall not be deemed effective until it has been received and acknowledged by WeServe&File.
Clients acknowledge that emails, text messages, voicemails, portal messages, and other communications may not be reviewed immediately.
Preferred communication for cancellation of service is to send written communication, followed-up directly by phone call to WeServe&File staff. This ensures both written receipt, and timely acknowledgement of the cancellation directive.
The burden of confirming cancellation rests solely with the client.
Failure to secure confirmation of cancellation directly from WeServe&File may result in full charges being applied.
This section outlines charges incurred for cancelling services within the allotted cancellation periods, as outlined in 11.1.
The client shall remain responsible for any work already performed including:
The client shall remain responsible for:
Where a process server, investigator, courier, or service provider has begun work on an assignment, the client shall remain responsible for:
Address changes, recipient changes, service instruction changes, deadline changes, or other material modifications requested after an assignment has been accepted may be treated as a new assignment and may result in additional fees.
WeServe&File reserves the right to re-quote assignments where material changes occur.
WeServe&File will use commercially reasonable efforts to complete service assignments.
However, WeServe&File does not guarantee:
Completion estimates are targets only and are not guarantees.
Process servers may exercise discretion regarding safety concerns, legal compliance, and practical limitations encountered during service attempts.
Clients acknowledge that successful service may be affected by factors beyond WeServe&File’s control.
Such factors may include:
Service fees are earned upon completion of service attempts and related work regardless of whether service is ultimately successful.
Additional attempts, investigations, stakeouts, waiting time, travel, or other services may result in additional fees.
WeServe&File reserves the right to suspend service attempts where safety concerns exist or where continued efforts are unlikely to result in successful service without additional instructions from the client.
While WeServe&File makes reasonable efforts to file documents accurately and on time, the client remains solely responsible for:
WeServe&File shall not be liable for:
Clients are strongly encouraged to provide filing instructions well in advance of any applicable deadline.
Skip tracing and investigative services are performed using information obtained from:
WeServe&File does not warrant or guarantee:
Skip tracing results should be considered investigative leads only and should be independently verified by the client before reliance.
WeServe&File shall not be liable for decisions made by clients based upon skip tracing or investigative information.
No investigative service guarantees that an individual, asset, employer, property, telephone number, email address, or other information will be located.
WeServe&File may prepare affidavits, reports, declarations, service notes, exhibits, and supporting documentation based upon information collected during assignments.
Clients authorize WeServe&File to prepare such documents using information provided by process servers, investigators, contractors, employees, and other service providers.
While WeServe&File takes reasonable steps to ensure accuracy, clients remain responsible for reviewing documents before filing, use, or reliance.
WeServe&File shall not be responsible for errors resulting from inaccurate information provided by third parties, courts, clients, or witnesses.
The client consents to receiving communications electronically.
Electronic communications may include:
Electronic communications shall be deemed received when transmitted by WeServe&File, regardless of whether the client actually reviews, opens, receives, or acknowledges such communication.
The client is solely responsible for ensuring that their contact information remains current and accurate.
WeServe&File shall not be responsible for communications delayed, blocked, filtered, or otherwise impacted by internet providers, spam filters, telecommunications providers, or technology failures.
Where legally permitted, WeServe&File may utilize GPS tracking, photography, audio recordings, body cameras, video recordings, screenshots, digital notes, and other evidence collection technologies.
Such information may be collected for:
All recordings, photographs, GPS data, reports, notes, and related information remain the property of WeServe&File unless otherwise agreed in writing.
WeServe&File reserves the right to limit disclosure of raw recordings and data.
Nothing in these Terms obligates WeServe&File to release body camera footage, audio recordings, photographs, or other evidence except where required by law or agreed to in writing.
WeServe&File recognizes the confidential nature of client information and will take commercially reasonable measures to protect information provided by clients.
Clients acknowledge that information may be shared with:
where necessary to complete assignments.
Confidentiality obligations shall not apply to information that:
The collection, use, storage, and disclosure of personal information by WeServe&File shall be governed by applicable privacy legislation.
Clients acknowledge that personal information may be collected, stored, processed, transmitted, and disclosed where necessary to provide services.
Clients warrant that they have obtained any required authority, consent, or legal basis necessary to provide personal information to WeServe&File.
Because services often begin immediately upon assignment and resources are allocated upon acceptance, fees are generally non-refundable.
Refund requests may be reviewed on a case-by-case basis at the sole discretion of WeServe&File.
The following are generally non-refundable once incurred:
Approval of any refund request shall not create a precedent or obligation for future refunds.
WeServe&File does not guarantee:
Clients acknowledge that WeServe&File provides professional services only and does not guarantee results.
To the fullest extent permitted by law, WeServe&File’s total liability arising from any claim, demand, action, proceeding, loss, damage, or expense shall not exceed the amount paid by the client for the specific assignment giving rise to the claim.
Under no circumstances shall WeServe&File be liable for:
The limitations contained in this section apply regardless of the legal theory asserted.
The client agrees to indemnify, defend, and hold harmless WeServe&File and its officers, directors, employees, contractors, affiliates, agents, successors, and assigns from and against any claims, demands, actions, damages, losses, liabilities, costs, expenses, fines, penalties, and legal fees arising from:
This indemnification obligation shall survive termination of the relationship between the parties.
WeServe&File shall not be liable for delays, interruptions, failures, or inability to perform caused by circumstances beyond its reasonable control.
Such circumstances may include:
Performance shall be suspended for the duration of the force majeure event.
WeServe&File may suspend, refuse, or terminate services at any time where:
Termination shall not relieve the client of obligations arising prior to termination.
All amounts owing remain immediately due and payable.
All content, software, systems, forms, procedures, reports, templates, processes, databases, branding, trademarks, and materials developed or used by WeServe&File remain the exclusive property of WeServe&File unless otherwise agreed in writing.
Nothing in these Terms transfers ownership of intellectual property to the client.
These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Before commencing legal proceedings, the parties agree to attempt to resolve disputes through good-faith discussions.
Any legal proceeding arising from these Terms or the services provided by WeServe&File shall be brought exclusively before the courts of Ontario.
The parties irrevocably attorn to the jurisdiction of the courts of Ontario.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms constitute the entire agreement between the parties and supersede all prior discussions, understandings, quotations, representations, and agreements relating to the services provided by WeServe&File.
No amendment shall be effective unless made in writing by WeServe&File.
WeServe&File Inc.
Toll-Free: 1-877-535-3377
Phone & Text: 416-477-6794
Mail: 18 King St. East, Suite 1400, Toronto, ON M5C 1C4, Canada
Website: www.weserveandfile.com
Questions regarding these Terms may be directed to WeServe&File using the contact information above.
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