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Terms of Service

Encubate ("the Firm") enforces Terms of Service to govern your use of our website and the services provided through it. By accessing or using our website, you agree to comply with these terms and conditions. If you do not agree with any part of these terms, please refrain from using our website.

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  1. Use of Website: You may use our website for lawful purposes only. You agree not to use our website for any unlawful or prohibited activities, including but not limited to:

    • Violating any applicable laws or regulations.

    • Infringing upon the rights of others.

    • Engaging in fraudulent or deceptive activities.

    • Interfering with the operation of our website or its security features.

  2. Intellectual Property: All content, materials, and intellectual property displayed on our website, including but not limited to text, graphics, logos, images, and software, are owned by or licensed to Encubate. You may not use, reproduce, modify, distribute, or transmit any content from our website without prior written consent.

  3. Disclaimer of Warranties: Our website and the services provided are offered on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express or implied. We do not guarantee the accuracy, reliability, or completeness of any information on our website or the suitability of our services for your particular circumstances.

  4. Limitation of Liability: To the fullest extent permitted by law, Encubate and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or the services provided through it. This includes damages for lost profits, lost revenue, loss of data, or other intangible losses, even if advised of the possibility of such damages.

  5. Indemnification: You agree to indemnify and hold Encubate and its officers, directors, employees, agents, and affiliates harmless from any claims, damages, liabilities, costs, or expenses arising out of or in connection with your use of our website, your violation of these Terms of Service, or your violation of any rights of third parties.

  6. Third-Party Links: Our website may contain links to third-party websites or resources. We are not responsible for the availability, accuracy, or content of such third-party sites, and the inclusion of any link does not imply endorsement by Encubate. You access third-party sites at your own risk.

  7. Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts located in Canada.

  8. Changes to Terms: Encubate reserves the right to update or modify these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting the updated terms on our website. Your continued use of our website after any such changes constitutes acceptance of the modified terms.

  9. Severability: If any provision of these Terms of Service is deemed invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

  10. Contact Us: If you have any questions or concerns regarding these Terms of Service, please contact us using the information provided on our website.

 

Thank you for reading and understanding our Terms of Service.

Terms of Affiliates Program

Encubate ("the Firm") enforces Terms of Affiliate Program to govern any in our Refer Friends or Affiliate Program. By participating in one of our referral programs, as an individual or a company, you ("the Marketer") agree to abide by the following terms and conditions:

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  1. Agreement Scope:

    • Marketer and the Firm wish to enter into a written agreement which contains the agreed upon terms and conditions upon which Marketer will provide services to the Firm;

    • The Firm employs several individuals holding the designation of Regulated Canadian Immigration Consultant (“RCIC”) and members in good standing of the College of Immigration and Citizenship Consultants (“CICC”), the regulator in Canada for immigration consultants; and

    • The date in which the Firm approves participation of the Marketer in the Affiliate Program is considered ("the Effective Date").

  2. Marketer Responsibilities: In consideration of the mutual promises contained in this Marketing Agreement, the Firm asked the Marketer, and the Marketer has agreed, to provide the Firm with the following services:​

    • The Marketer is responsible to provide marketing services in the geographic region where the Marketer is located, to increase awareness about the Firm and to promote visa and immigration services offered by the Firm;

    • The Firm is to pay the Marketer service fees (the “Marketing Fees”) for each qualified lead that the Marketer refers to the Firm, and in accordance with the terms described in this Marketing Agreement;

    • For Marketing Fees to be considered as earned, they must be associated with qualified leads who sign a service agreement with the Firm and pay professional fees associated with the signed service agreement; and

    • The Marketer is to invoice the Firm monthly for all earned Marketing Fees. The Firm would pay the invoiced amount to the Marketer within thirty (30) days from the invoice date.

  3. Firm Responsibilities: In consideration of the mutual promises contained in this Marketing Agreement, the Firm agrees to do the following:

    • ​The Firm is authorized to offer visa and immigration services under the Immigration and Refugee Protection Act (“IRPA”);

      • ​The Firm employees several individuals who are members in good standing of CICC and hold the designation of RCIC;

      • The Firm offers Professional Services related to Temporary Resident Status (“TR”) applications and Permanent Resident Status (“PR”) applications under Canadian laws.

      • The Firm is responsible for visa and immigration services related to TR and PR applications. The Firm would handle all TR and PR inquiries, consultations, assessments, and applications for qualified leads that the Marketer refers to the Firm; and

      • All legal obligations would fall under the Firm’s authorization to practice through CICC. All qualified leads referred by the Marketer would sign a Service Agreement directly with the Firm and would pay all professional and government fees directly to the Firm.

  4. Marketer Prohibitions: In consideration of the mutual promises contained in this Marketing Agreement, the Firm asked the Marketer, and the Marketer has agreed, to refrain from the following:

    • ​The Marketer is a person or entity that merely provides marketing services and refers leads to the Firm and in no way, shape, or form is to be considered as an agent of the Firm;

    • The Marketer is to represent itself as a marketing service provider of the Firm and is to refrain from using any terms or references that could give the impression that there is an agency arrangement with the Firm; and

    • This Marketing Agreement is deemed immediately terminated without notice should the Marketer breach the terms of this this Agreement.

  5. Agreement Validity: This Marketing Agreement is valid from the Effective Date for twelve (12) months (the “Expiration Date”). If both parties wish to renew the Marketing Agreement, this must be done in writing within thirty (30) days of the Marketing Agreement Expiration Date.

  6. Confidentiality: All information and documentation reviewed by the Firm, required by IRCC, MIFI and/or provincial governments and all other governing bodies, and used for the preparation of the Application(s) will not be divulged to any third party, other than agents and employees of the Firm, without prior consent, except as demanded by law. The Firm, and all agents and employees of the Firm, are also bound by the confidentiality requirements of Article 8.1 and 8.5 of the Code of Professional Ethics. The Marketer agrees to the use of electronic communication and storage of confidential information. The Firm will use his/her best efforts to maintain a high degree of security for electronic communication and information storage.

  7. Payment Terms and Conditions: The Firm agrees to pay all Marketing Fees to the Marketer based on the following terms:

    • ​A dedicated serial number is to be assigned to the Marketer and added to the Firm’s internal system. Any qualified lead referred to the Firm by the Marketer would be marked in the Firm’s system under the Marketer’s dedicated serial number, and the Marketing Fees would automatically be calculated based on the terms of this Marketing Agreement;

    • During the first week of every month, the Firm would prepare a monthly report for all earned Marketing Fees in the previous month and send it to the Marketer for verification;

    • Once the Marketer signs the monthly Marketing Fees report, the Firm books it in its system and processes the payment based on the Marketer’s preference (monthly or quarterly). However, the Marketer should keep in mind that for any international payment to be made outside Canada as a wire transfer, the minimum amount transferred would need to be at least CA$500.00. Otherwise, the Firm would keep accumulating the Marketer’s Marketing Fees until it reaches the minimum amount required for the transfer to be processed;

    • The Firm reserves the right to change Marketing Fees based on its own discretion, while providing the Marketer with a thirty (30) days notice. If the Marketer does not accept the modified Marketing Fees, this Marketing Agreement is deemed automatically terminated within thirty (30) days. All pending earned and unpaid Marketing Fees would be paid to the Marketer within thirty (30) days; and

  8. Termination:

    • The Marketer does not adhere to the Responsibilities set in Section 2 or the Prohibition set in Section 4;

    • The Firm reserves the right to terminate this Marketing Agreement at any time with or without cause, after giving the Marketer thirty (30) days notice in writing.

  9. Governing Law: This Agreement shall be governed by the laws in effect in the Province/Territory of Ontario, and the federal laws of Canada applicable therein. Any dispute with respect to the terms of this Agreement shall be decided by a court of competent jurisdiction within the Province/Territory of Ontario.

 

Thank you for reading and understanding our Terms of Affiliate Program.

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