For the purposes hereof, the terms “ClearEstate”, “we,” “us,” and “our” refer to the Platform and to ClearEstate Technologies Inc. (doing business as “ClearEstate”), a company located at 200-481 Viger West Avenue, Montreal (Quebec) H2Z 1G6 Canada.
This Addendum explain your obligations and responsibilities and ClearEstate’s rights in connection with our appointment as your agent for the execution of an estate.
As the executor, by selecting a plan which includes engaging ClearEstate as “Agent for Executor”, you appoint ClearEstate as your agent to perform on your behalf your duties and legal responsibilities with respect to the Estate and consent to the terms of this Addendum. Under this plan, you will have access to our Platform, and additional Services to facilitate the execution of the Estate.
Within 10 days of providing ClearEstate with the requested completed information forms, whether by uploading them directly on the Platform or submitting them to one of our estate administrators (“Estate Administrators”), ClearEstate will provide you with a statement of work describing the Services ClearEstate will perform pursuant to this Addendum on your behalf (the “Statement of Work” or “SoW”). The Statement of Work, once approved by you, shall form part of this Addendum and ClearEstate will perform the Services agreed upon in the SoW, unless otherwise agreed by the parties in writing.
In addition to ClearEstate’s quoted fees and associated Services, you will be responsible to:
Upon completion of the Agent Services, ClearEstate will provide you with an invoice outlining its fees and disbursements, which is due within 14 days of its issuance. If you wish to contest any fees in the invoice, you should provide ClearEstate with a written objection within 7 days of the date on the invoice, after which you will be deemed to have implicitly accepted it. .
ClearEstate will complete the Agent Services based upon the information that you provide. You agree to provide accurate information, documents and records to ClearEstate upon its reasonable request, and execute all necessary documentation requested by ClearEstate to provide the Agent Services. ClearEstate will not be responsible for any delays or interruptions in the administration of the Estate resulting from the omission of information, or the submission of inaccurate or incomplete information by you.
ClearEstate shall provide you with access to all documents, information and records generated in the provision of Agent Services and shall answer all related enquiries.
You shall notify ClearEstate of any assets that shall be placed in ClearEstate’s care and custody (the “Assets”). ClearEstate shall provide you with a written receipt for any Assets received by you or on your behalf, and shall only be responsible for those Assets that are placed in its custody and care.
ClearEstate is authorized to keep the Assets in any one or more of its offices or the places of business of its approved agents within or outside Canada. ClearEstate is authorized to keep Assets in bearer form or registered in its name or in the name of its sub-agents, and shall ensure that all Assets held by it are kept separate and distinct from its own assets and other client’s assets.
Any advice provided by Professional Advisors will be invoiced as disbursements and charged separately. ClearEstate will get your approval for such charges before engaging any Professional Advisors.
ClearEstate shall not have any liability in the event that any information exchanged or provided pursuant to this Addendum is found to be inaccurate in the absence of gross negligence, bad faith or willful misconduct by ClearEstate. ClearEstate shall also not be liable for any actions or omissions by it or its Professional Advisors, in the absence of gross negligence or willful misconduct. Notwithstanding anything in this Addendum or any ancillary agreement to the contrary, ClearEstate shall not be held liable under this agreement or any ancillary agreement for any incidental, consequential, special, indirect, punitive or exemplary damages
You will indemnify and hold harmless ClearEstate, ClearEstate’s directors, officers, employees, agents and assignees (the “Indemnitees”), from and against any and all losses, claims, damages, liabilities, penalties, levies, assessments, and costs, including any and all legal fees and disbursements (collectively the “Claims”), which may at any time be incurred by or asserted against the Indemnitees, either directly or indirectly from:
If more than one person enters into this Addendum, you shall be jointly and severally liable with respect to all liabilities arising under this Addendum and any ancillary agreement , including the payment of any fees owing to ClearEstate.
This Addendum may be terminated by either party without cause within 30 days’ of written notice of intention to terminate. If this Agreement is terminated, ClearEstate shall return any of your Assets in its possession, provided that you have paid all fees owing to ClearEstate under this Addendum and related SoW, including, all of ClearEstate’s expenses arising out of the termination of this Addendum and the return of Assets.
Any notice or direction required or permitted to be given under this Addendum shall be in writing and may be given by i) email to email@example.com or ii) registered mail to ClearEstate’s address set out above.
Any notice delivered or sent in accordance with this section on a business day shall be deemed to have been given on the day the notice was delivered, or the transmission was sent successfully to the email set out above, as the case may be, and, if not delivered on a business day, shall be deemed to have been given on the next following business day.