Terms & Conditions

1. Introduction and Acceptance

These Terms and Conditions govern your use of legal services provided by Westmount and your access to our website. By engaging our services or using our website, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use our services or website.

These terms supplement, but do not replace, any written engagement letter or retainer agreement entered into for specific legal matters.

2. Definitions

• "Services" refers to legal advisory and consultation services provided by Westmount, including but not limited to bilingual contract drafting, business immigration assistance, and cross-border estate planning.
• "Client" or "You" refers to any individual or entity that engages our services or uses our website.
• "Website" refers to the Westmount website and all associated web pages.
• "We," "Us," or "Our" refers to Westmount and its practitioners.
• "Agreement" refers to these Terms and Conditions together with any engagement letter or retainer agreement.

3. Use of Services

3.1 Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts to engage our services. If you are engaging services on behalf of an organization, you represent that you have authority to bind that organization.

3.2 Scope of Services

Our services are limited to Canadian law and the specific practice areas described on our website. We do not provide legal services outside our stated practice areas. Any engagement for services will be confirmed through a written engagement letter specifying the scope of work.

3.3 Client Responsibilities

You agree to provide accurate, complete, and timely information necessary for us to provide services effectively. You are responsible for decisions made based on our advice and for understanding the information and advice we provide.

4. Prohibited Uses

You agree not to use our services or website to:

• Violate any applicable law or regulation
• Infringe upon intellectual property rights of others
• Transmit harmful code, viruses, or malicious software
• Attempt unauthorized access to our systems or networks
• Engage in fraudulent activities or misrepresentation
• Harass, abuse, or harm another person or entity
• Use automated systems to access our website without permission
• Resell or redistribute our services without authorization

5. Intellectual Property

5.1 Our Content

All content on our website, including text, graphics, logos, and software, is the property of Westmount or its licensors and is protected by Canadian and international copyright laws. You may view and download content for personal, non-commercial use only.

5.2 Documents We Prepare

Documents we prepare for you remain your property once fees are paid. However, we retain copyright in any template formats or proprietary methodologies used in their creation.

5.3 Your Content

By providing us with documents or information, you grant us a license to use, reproduce, and modify such materials solely for the purpose of providing services to you.

6. Payment Terms

6.1 Fees and Currency

All fees are quoted in Canadian dollars (CAD) unless otherwise specified. Fees for services will be outlined in your engagement letter and may be either flat-fee or hourly, depending on the nature of the work.

6.2 Payment Timing

Payment is due according to the terms specified in your engagement letter. For flat-fee services, payment may be required in advance or upon completion. For hourly matters, we typically invoice monthly or at completion.

6.3 Late Payment

Overdue accounts may incur interest at the rate permitted by law. We reserve the right to suspend services for accounts more than 30 days past due.

6.4 Fee Changes

We reserve the right to adjust fees for future engagements with reasonable notice. Changes to fees for ongoing matters will be communicated in writing before implementation.

7. Refund Policy

Refund eligibility depends on the circumstances of your matter:

• For flat-fee services: Partial refunds may be available if services are terminated before significant work is completed
• For hourly services: Refunds apply to any unused retainer amounts after fees and expenses are deducted
• Non-refundable items include filing fees, disbursements already incurred, and fees for completed work

Refund requests should be submitted in writing within 30 days. Processing typically takes 14-21 business days. Refunds will be issued via the original payment method where possible.

8. Disclaimers and Limitations of Liability

8.1 "As Is" Provision

Our website and general information provided are offered "as is" without warranties of any kind, either express or implied. While we strive for accuracy, we do not warrant that website content is error-free or current.

8.2 No Guarantee of Outcomes

Legal matters involve uncertainty, and we cannot guarantee specific outcomes or results. We provide professional services based on our knowledge and experience, but outcomes depend on many factors beyond our control.

8.3 Limitation of Liability

To the extent permitted by law, our liability for any damages arising from our services is limited to the fees paid for the specific matter at issue. We are not liable for indirect, consequential, or punitive damages.

8.4 Professional Insurance

We maintain professional liability insurance as required by the Barreau du Québec, which provides coverage for claims of professional negligence within policy limits.

9. Termination

9.1 Your Right to Terminate

You may terminate our services at any time by providing written notice. You will be responsible for fees and expenses incurred up to the termination date.

9.2 Our Right to Terminate

We may withdraw from representation if there is a breakdown in the lawyer-client relationship, non-payment of fees, or other circumstances that make continued representation inappropriate. We will provide reasonable notice where possible.

9.3 Effect of Termination

Upon termination, we will provide you with your file materials and any documents prepared to that point. You remain responsible for outstanding fees and expenses. Confidentiality obligations continue after termination.

10. Dispute Resolution

10.1 Informal Resolution

If you have concerns about our services, we encourage you to contact us directly. We are committed to addressing concerns promptly and professionally.

10.2 Governing Law and Jurisdiction

These terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein. Any disputes will be resolved in the courts of Québec.

10.3 Professional Complaints

If you have a complaint about our professional conduct, you may contact the Barreau du Québec's complaints process in addition to any other remedies available.

11. General Provisions

11.1 Entire Agreement

These terms, together with any engagement letter, constitute the entire agreement between you and Westmount regarding use of our services and website.

11.2 Severability

If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

11.3 No Waiver

Our failure to enforce any right or provision of these terms does not constitute a waiver of that right or provision.

11.4 Assignment

You may not assign or transfer your rights under these terms without our written consent. We may assign our rights to a successor firm with notice to you.

11.5 Notices

Notices under these terms should be sent to the contact information provided below. Notices to you will be sent to the most recent contact information you have provided.

12. Contact Information

For questions about these Terms and Conditions, please contact us: