Terms of service

These terms govern the Canadian Representative service provided by Smutylo Law+ ("we", "us") through ISEDRepresentative.com to the applicant identified in an order ("you").

1. The service

On receipt of payment we will (a) issue a signed letter confirming our appointment as your Canadian Representative for the ISED certification identified in your order; (b) act as the Canadian point of contact for ISED and your certification body in respect of that certification, forwarding enquiries to you and relaying your responses; and (c) coordinate with you the delivery of audit samples requested by ISED.

We do not test, certify, list or label products, provide technical compliance advice, act as importer of record, take possession of audit samples, or represent you in an enforcement, inspection or other proceeding, and we make no representation about your product's compliance.

2. Term

2.1 An appointment continues for as long as the certified product to which it relates is offered on the Canadian market, unless it ends earlier under section 5. The fee is payable once. No further fee is payable for that certification and there is no renewal date.

2.2 A product is "offered on the Canadian market" while new units of it are offered for sale in Canada by you or by anyone in your distribution chain.

2.3 An appointment ends on the earliest of: (a) your written confirmation that the product has been permanently withdrawn from the Canadian market; (b) 60 days after we send a status enquiry to the contact address in your order, if we receive no confirmation that the product remains offered; (c) cancellation, surrender or transfer of the certification; or (d) withdrawal under section 5.

2.4 The appointment is personal to the applicant named in your order. It is not assignable and ends automatically on any full or partial transfer of the certification to another company. The transferee may order its own appointment.

RSP-100 requires the applicant to keep a valid Application and Agreement for Certification Services in place for as long as the certified product is offered on the Canadian market, and that agreement must identify a Canadian representative.

3. Your obligations

You will provide accurate applicant and product information; keep us informed of a current contact for the life of the appointment; confirm, when we ask, whether each certified product is still offered on the Canadian market; respond to enquiries we forward within the time ISED or the certification body requires; supply and pay for any audit sample, its shipping and any import charges; and notify us of any transfer of the certificate or change in your legal identity.

4. Fees and payment

The fee is as published on the pricing page at the time of order, in US dollars, exclusive of any applicable taxes. Nothing is charged until we have confirmed your request by email and you have chosen to pay; a request may be withdrawn at no cost at any time before payment. Fees are non-refundable once the letter has been issued.

Revisions to a letter we have issued are included at no charge for as long as the appointment continues. There is no time limit and no revision fee, and no limit on the number of revisions. A revision covers changes under the same IC certification number: added models or HVINs, corrected applicant details, or a reissued letter. A new IC certification number is a new certification requiring its own appointment and fee.

Coordination of more than two audit sample requests for the same certification in any twelve-month period is billed at our hourly rate, notified to you in advance.

We may decline a request, before payment, where acting would conflict with our professional obligations, in which case nothing is owed.

5. Termination and withdrawal

5.1 You may end an appointment at any time on written notice to us. Fees paid are not refundable.

5.2 We may withdraw as representative on 60 days' written notice if you fail to respond to an ISED enquiry or audit sample request after reasonable attempts to reach you, if fees are unpaid, if we are unable to reach you at the contact details you have given us for 60 days, or if continuing would breach our professional obligations. Notice sent to the email address in your order is effective when sent.

5.3 Where we withdraw, we will notify your certification body, confirm the withdrawal in writing at no charge in a form you can give to ISED or your certification body, and cooperate reasonably with the recording of a replacement representative.

5.4 Maintaining a valid Application and Agreement for Certification Services identifying a Canadian representative is the applicant's obligation. On any withdrawal or termination you are responsible for arranging a replacement representative with your certification body. You may replace us at any time by appointing another representative and notifying your certification body.

6. Liability

Our liability for any claim arising from the service is limited to the fees paid for the appointment concerned. We are not liable for delays or decisions of ISED or any certification body, or for losses arising from inaccurate information you supply.

7. Electronic letters and signatures

Attestation letters are issued as PDF documents bearing an electronic signature, which is the form accepted by ISED and certification bodies in our experience. A wet-ink original can be couriered on request at cost.

8. Professional relationship

The service is provided by a law firm. The representative engagement is limited to the scope in section 1 and does not make us your general legal counsel. Information you provide is held in confidence in accordance with the rules of the Law Society of Ontario.

9. Governing law

These terms are governed by the laws of Ontario and Canada. Disputes are subject to the courts of Ontario.

Questions: info@isedrepresentative.com.