Terms of Service

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and IRS Collections (“Company,” “we,” “our,” or “us”) governing your use of our debt collection services and website. By engaging our services or using our website, you agree to be bound by these Terms and our Privacy Policy.

IRS Collections is a licensed collection agency operating across Canada in compliance with all applicable federal and provincial collection agency legislation, consumer protection laws, and privacy regulations.

Services Provided

IRS Collections provides professional debt recovery services including:

  • Accounts receivable collection services for businesses
  • Commercial and B2B debt recovery
  • Skip tracing and debtor location services
  • Legal collection services and litigation support
  • Payment negotiation and arrangement services
  • Credit reporting and account status updates
  • Consultation and accounts receivable management advice

All services are performed in strict compliance with applicable collection agency legislation including but not limited to the Collection and Debt Repayment Act (Alberta), Collection Agencies Act (British Columbia), Collection and Debt Settlement Services Act (Ontario), and equivalent legislation in other provinces.

Client Obligations and Representations

By engaging our services, you represent, warrant, and agree that:

  • Validity of Debts: All accounts placed for collection are legitimate, valid debts owed to you or your organization
  • Documentation: You will provide accurate, complete documentation supporting each account including invoices, contracts, payment history, and correspondence
  • Legal Compliance: All underlying transactions comply with applicable consumer protection, contract, and commercial laws
  • No Disputes: Accounts placed are not subject to known disputes, legal proceedings, or bankruptcy protection (unless disclosed)
  • Authority: You have the legal authority to place accounts for collection and authorize us to act on your behalf
  • Accurate Information: All debtor information provided is accurate to the best of your knowledge
  • Prohibited Debts: Accounts do not include debts that are statute-barred, discharged in bankruptcy (without disclosure), or otherwise uncollectible under law
  • Cooperation: You will cooperate with our collection efforts and respond promptly to requests for information

Fees and Payment Terms

Contingency Fee Structure

Our standard fee structure operates on a contingency basis: we charge a percentage of amounts successfully collected. Specific rates are provided in your service agreement and vary based on account age, size, complexity, and volume.

No Collection, No Fee

For standard contingency arrangements, if we do not collect on an account, you owe no fee for our collection efforts. This does not apply to hourly or flat-fee arrangements where applicable.

Remittance

Collected funds are held in our trust account and remitted to you monthly (or as otherwise agreed), less our commission and any approved costs. Detailed accounting statements are provided with each remittance.

Trust Account Compliance

All client funds are maintained in a designated trust account in compliance with provincial collection agency legislation and are never commingled with company operating funds.

Professional Collection Practices

We are committed to ethical, professional, and legally compliant collection practices:

  • Fair Treatment: We treat all debtors with respect and professionalism
  • Legal Compliance: All collection activities comply with applicable federal and provincial legislation
  • No Harassment: We do not engage in harassing, abusive, or misleading collection practices
  • Communication Standards: Contact with debtors follows regulatory requirements regarding timing, frequency, and methods
  • Validation: Debtors have the right to request validation of debts
  • Dispute Resolution: We have procedures to address debtor disputes and complaints
  • Privacy Protection: All personal information is handled in compliance with privacy legislation
  • Cease Communication: We honor lawful requests to cease communication

Client Notification Requirements

You agree to notify us immediately if:

  • A debtor makes payment directly to you on an account placed with us
  • A debtor files for bankruptcy or consumer proposal
  • You become aware of a dispute or defense to the debt
  • Legal proceedings are initiated regarding an account
  • You wish to recall or withdraw an account from collection
  • Any information provided about an account is incorrect or incomplete

Failure to provide timely notification may result in continued collection efforts, legal complications, or violations of debtor rights.

Exclusivity and Account Control

During the collection period:

  • You agree not to pursue collection on placed accounts through other means without our consent
  • You will direct debtors who contact you to communicate with us
  • Any payments received directly by you must be reported immediately
  • You may not place the same account with multiple collection agencies simultaneously
  • Accounts may be recalled with reasonable notice subject to our commission on collections in progress

Indemnification

You agree to indemnify, defend, and hold harmless IRS Collections, its officers, employees, and agents from any claims, losses, damages, liabilities, or expenses (including legal fees) arising from:

  • Inaccurate or false information provided by you regarding accounts or debtors
  • Collection of invalid, disputed, or legally unenforceable debts
  • Violations of consumer protection or other laws in your underlying transactions
  • Your breach of these Terms or any representation or warranty herein
  • Claims by debtors arising from the validity or enforceability of the underlying debt

This indemnification does not apply to claims arising solely from our negligence, misconduct, or violation of applicable laws in our collection activities.

Limitation of Liability

To the maximum extent permitted by law:

  • We make no guarantee regarding the collectability of any account
  • Our total liability for any claim shall not exceed the fees earned on the specific account(s) in question
  • We are not liable for indirect, consequential, incidental, or punitive damages
  • We are not responsible for debtor bankruptcy, insolvency, or inability to pay
  • Collection success depends on numerous factors beyond our control

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

Confidentiality

Both parties agree to maintain the confidentiality of all non-public information shared in the course of our business relationship. This includes account information, debtor data, collection strategies, and business practices. Information may only be disclosed as required by law, court order, or with written consent. Our privacy practices are detailed in our Privacy Policy.

Termination

Either party may terminate this agreement with written notice, subject to the following:

  • Accounts actively in collection remain subject to our commission on amounts collected
  • Legal proceedings in progress will continue unless otherwise instructed
  • You remain responsible for fees on amounts collected within 60 days of termination on accounts we worked
  • All client funds in trust will be remitted promptly upon termination
  • Confidentiality obligations survive termination

Dispute Resolution

Any disputes arising from these Terms or our services shall first be addressed through good-faith negotiation. If negotiation fails, disputes shall be resolved through mediation or arbitration in accordance with the laws of the province where services were primarily performed, before resorting to litigation. Both parties consent to the jurisdiction of courts in that province for any necessary legal proceedings.

Regulatory Compliance and Licensing

IRS Collections maintains all required licenses and bonds as a collection agency operating in Canada. We comply with:

  • Personal Information Protection and Electronic Documents Act (PIPEDA)
  • Provincial collection agency licensing acts
  • Provincial consumer protection legislation
  • Canadian Anti-Spam Legislation (CASL)
  • Credit reporting legislation
  • All applicable federal and provincial laws governing debt collection

Website Use

Use of our website is subject to the following conditions:

  • You may not use the website for any unlawful purpose
  • You may not attempt to gain unauthorized access to our systems
  • You may not interfere with the website’s operation or security
  • All content is protected by copyright and may not be reproduced without permission
  • We reserve the right to modify or discontinue the website at any time
  • The website is provided “as is” without warranties of any kind

Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on our website with an updated “Last Updated” date. Continued use of our services after changes constitutes acceptance of modified Terms. Material changes affecting existing client agreements will be communicated directly to affected clients.

Governing Law

These Terms are governed by the laws of Canada and the province in which services are primarily performed. In the event of any conflict between these Terms and applicable law, the law shall prevail. If any provision is found unenforceable, the remaining provisions remain in full effect.

Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and IRS Collections regarding our services, superseding any prior agreements or understandings. No modification is valid unless in writing and signed by both parties.

Questions About These Terms

If you have questions about these Terms of Service, please contact us:

 IRS Collections

Email: [email protected]

Phone: 1-877-282-0197

Acknowledgment

By using our services or website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, please do not use our services or website.