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Terms of Service for Canadian ATM Brokerage Inc.

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1. Agreement Overview and Acceptance

1.1 Binding Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Canadian ATM Brokerage Inc. ("Canadian ATM Brokerage," "we," "us," or "our") governing your use of our website, digital platforms, and advisory and brokerage services.

1.2 Acceptance of Terms

By accessing our website, submitting information through our forms, scheduling meetings via our calendar system, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree to these Terms, you must not use our services.

1.3 Capacity to Contract

You represent and warrant that:

  1. You are at least 18 years of age;

  2. You have the legal capacity to enter into these Terms;

  3. You are authorized to act on behalf of any business entity you represent;

  4. All information you provide is accurate, complete, and current;

  5. You understand our dual-jurisdiction service model and its provincial limitations.

1.4 Updates to Terms

We may modify these Terms at our sole discretion. Material changes will be communicated via email to active clients at privacy@atmbrokerage.ca and posted on our website with an updated effective date. Continued use of our services after such changes constitutes acceptance of the revised Terms.

2. Company Information and Business Model

2.1 Company Details

Canadian ATM Brokerage Inc.

  • Jurisdiction: Alberta corporation

  • Addresses:

    1. 4831 Nelson Rd. NW, Calgary, AB, T2K 2M1, Canada

    2. Telus Sky Tower, 685 Centre Street South, Calgary, AB, T2G 2C7, Canada

  • Primary Focus: Strategic advisory and brokerage of ATM businesses and ATM route transactions across Canada

  • Specialized Services: Business transitions, route brokerage, operational excellence, regulatory compliance support

2.2 Dual-Jurisdiction Business Model

  1. Direct Advisory & Brokerage Services (AB, BC, SK, MB, NB, NS, PE, NL, NT, NU, YT):

    • Strategic business advisory and transaction facilitation

    • End‑to‑end transaction management and professional coordination

    • Retainer fees and success‑fee alignment

    • Comprehensive service delivery under direct engagement

  2. Lead Generation Services (Ontario & Quebec only):

    • Lead generation and qualified buyer introductions

    • Referral to provincially licensed business brokers and advisors

    • Performance‑based referral fees; no upfront seller costs

    • Compliance through licensed partnerships

2.3 Revenue Model Transparency

Direct Advisory & Brokerage Services:

  • Retainer fees: CAD 5,000–55,000 (5–500 ATMs) or CAD 55,000+ (>500 ATMs)

  • Success fees: 6–10% of transaction value (retainer credited)

  • Cross‑border surcharge: +CAD 15,000 retainer +1% success‑fee uplift

  • Referral fees from specialist coordination

Lead Generation (ON/QC):

  • Referral fees: CAD 1,500 per qualified lead

  • Success fees: 1.0% seller + 1.0% buyer on closing

Consulting Services:

  • Fee‑for‑service arrangements (hourly, project, or retainer)

2.4 FINTRAC Expertise and Regulatory Focus

We specialize in:

  • FINTRAC MSB registration and compliance

  • Anti‑Money Laundering program development

  • White‑label ATM operator regulations (effective October 1, 2025)

  • Business transition planning within regulated industries

Certification Status: Pursuing FINTRAC MSB certification to enhance advisory capabilities.

2.5 What We Are NOT

  1. We are not a licensed business broker in Ontario or Quebec;

  2. We do not provide certified appraisals;

  3. We do not offer legal, financial, or investment advice;

  4. We do not guarantee transaction outcomes or completion;

  5. We do not hold client funds or act as fiduciaries;

  6. We do not provide tax preparation or accounting services.

3. Services Description

3.1 Direct Advisory & Brokerage Services (Non-ON/QC)

We offer a structured nine‑step process:

  1. Consultation Booking: Confidential session to define objectives and compliance timeline;

  2. Business Assessment: Comprehensive route, equipment, and compliance evaluation;

  3. Market Positioning: Development of competitive presentation and buyer strategy;

  4. Documentation & Compliance Review: Preparation of professional transaction materials;

  5. Network Engagement: Introductions to qualified acquisition specialists;

  6. Negotiations Coordination: Confidential facilitation of buyer discussions;

  7. Due Diligence Support: Coordination with counsel, appraisers, and compliance experts;

  8. Transaction Structuring: Collaboration on legal, tax, and operational transition planning;

  9. Closing Coordination: Regulatory filings, asset transfers, and post‑closing support.

3.2 Lead Generation Services (Ontario & Quebec)

A six‑step process:

  1. Initial intake and screening;

  2. Preparation of a 1–2 page business summary;

  3. Client review and approval;

  4. Referral to licensed brokers;

  5. Access to pre‑qualified buyer network;

  6. Ongoing communication and process facilitation.

3.3 Cross‑Border Buyer Facilitation (New)

Enhanced services for international buyers:

  • Vetting, sanctions screening, and compliance verification;

  • NDA with Canadian‑equivalent privacy safeguards;

  • Supplemental retainer (CAD 15,000+) and +1% success‑fee uplift;

  • International data‑transfer consent and safeguards.

3.4 Regulatory Compliance Consulting

Services include:

  • Compliance gap assessments;

  • FINTRAC MSB registration support;

  • AML policy and procedure development;

  • Risk management frameworks;

  • Training and audit preparation;

  • Operational excellence consulting.

3.5 Meeting Scheduling & Calendar Integration

Our website uses Calendly:

  • 24/7 online scheduling;

  • Calendar synchronization;

  • Automated reminders;

  • Time‑zone management.

3.6 Service Limitations

We do not provide:

  • Licensed brokerage (except ON/QC partnerships);

  • Legal or tax advice;

  • Certified valuations;

  • Buyer due‑diligence services;

  • Closing or escrow services.

4. Client Obligations and Responsibilities

4.1 Information Accuracy

You must provide and maintain accurate business, financial, compliance, and contact data.

4.2 Professional Conduct

You agree to professional, timely, and courteous communication with our team and all introduced parties.

4.3 Decision Authority

Final business decisions remain solely yours. You will obtain independent legal, financial, and tax advice.

4.4 Compliance with Laws

You warrant ongoing compliance with all applicable laws, licenses, and regulatory requirements.

4.5 Confidentiality

You agree to protect our confidential methodologies, buyer network details, and proprietary processes.

5. Fees and Payment Terms

5.1 Direct Advisory & Brokerage Fees (Non-ON/QC)

  • Retainers: CAD 5,000–55,000 (5–500 ATMs); CAD 55,000+ (>500 ATMs)

  • Success fees: 6–10% of transaction value;

  • Cross‑border retainer: CAD 15,000+; +1% success‑fee uplift.

5.2 Lead Generation Fees (ON/QC)

  • Referral fee: CAD 1,500 per lead;

  • Success fees: 1.0% seller + 1.0% buyer on closing;

  • No upfront seller costs.

5.3 Consulting Fees

Charged separately by engagement: hourly, project, or retainer basis.

5.4 Payment and Collection

Accepted methods: electronic transfer, certified cheque, Stripe (2.9% + $0.30). Late fees: 2% per month. Collection costs and service suspension applies for 60+ day delinquencies.

5.5 Refunds and Adjustments

No refunds for completed services. Adjustments only for documented service failures or material breaches.

6. Limitation of Liability and Disclaimers

6.1 Disclaimers

Services provided "as is". No guarantee of buyer availability, transaction success, or market conditions.

6.2 Liability Cap

Our liability is capped at the fees you have paid in the 12 months preceding the claim. We disclaim all indirect and consequential damages.

6.3 Force Majeure

Not liable for events beyond our control (natural disasters, regulatory changes, outages, etc.).

6.4 Indemnification

You will indemnify us against claims arising from your breach, inaccurate information, or use of our services.

7. Confidentiality and Intellectual Property

7.1 Mutual Confidentiality

Both parties will protect each other’s confidential information and use it only for authorized purposes.

7.2 Permitted Disclosures

Disclosure only with written consent, legal compulsion, or to professional advisors bound by confidentiality.

7.3 Intellectual Property

We retain all rights in our materials, methodologies, and brand. You retain ownership of your business information.

7.4 Buyer Network Confidentiality

You may not contact our buyers outside our introduction process or use our network information for competitive purposes.

8. Privacy, Data Protection, and Technology

8.1 Privacy Policy

Our Privacy Policy is incorporated by reference and governs all personal information handling. In conflicts, the Privacy Policy prevails.

8.2 Security Measures

We implement multi-factor authentication, encryption, secure facilities, staff training, and vendor due diligence.

8.3 Third-Party Sharing & Transfers

Data shared only with your consent and under contractual safeguards; cross-border transfers use appropriate clauses.

8.4 Calendar Data

Calendly scheduling data processed securely with user control over preferences.

9. Termination, Withdrawal, and Conclusion

9.1 Client Termination

You may terminate at any time by written notice to privacy@atmbrokerage.ca. Fees for completed work remain due; success fees apply if transaction closes within 180 days.

9.2 Company Termination

We may terminate for cause after notice and cure period (false info, non-payment, misconduct).

9.3 Survival

Confidentiality, payment, indemnification, liability limits, and IP rights survive termination.

10. Dispute Resolution and Governing Law

10.1 Governing Law

Alberta law governs these Terms. Disputes are subject to Alberta courts.

10.2 Dispute Process

  1. Direct negotiation (30 days);

  2. Mediation in Calgary;

  3. Arbitration under Alberta Arbitration Act or litigation.

10.3 Limitation Period and Waiver

Claims must be brought within two years. No class actions, except as required by law.

10.4 Interim Relief

Injunctive relief available for confidentiality or IP breaches.

11. Regulatory Compliance and Professional Standards

11.1 Service Standards

We adhere to transparency, ethics, accurate representation, and professional development practices.

11.2 Compliance Framework

Full compliance with PIPEDA, PIPA, CASL, and business law; pursuing FINTRAC MSB certification.

11.3 Client Regulatory Obligations

You remain responsible for your licensing, reporting, and compliance with all applicable laws.

11.4 Specialist Coordination

We recommend consultation with licensed attorneys, CPAs, valuators, and compliance professionals.

12. Miscellaneous Legal Provisions

12.1 Entire Agreement

These Terms, Privacy Policy, Cookie Policy, Services Disclaimer, and engagement agreements constitute the entire agreement.

12.2 Amendment & Waiver

Amendments require written agreement; waivers must be in writing.

12.3 Severability

Invalid provisions are modified to the minimum extent necessary; remaining provisions continue.

12.4 Assignment

You may not assign without our consent; we may assign to affiliates or in business transactions.

12.5 Force Majeure

Neither party liable for events beyond control; notice and mitigation efforts required.

12.6 Notices

Notices by email (privacy@atmbrokerage.ca or your profile email) or certified mail to our office address.

13. Contact Information and Support

13.1 Primary Contact

13.2 Specialized Support

13.3 Regulatory Resources

  • Alberta OIPC: Suite 2460, 801 6 Ave SW, Calgary, AB T2P 3W2 | (403) 297‑2728

  • OPC Canada: 30 Victoria St., Gatineau, QC K1A 1H3 | 1‑800‑282‑1376

14. Acknowledgment and Binding Effect

14.1 Client Acknowledgment

By engaging our services, you confirm that you have read, understood, and agree to these Terms and related policies.

14.2 Binding Effect

These Terms bind and inure to the benefit of the parties and their successors, assigns, and permitted delegates.

14.3 Electronic Acceptance

Electronic acceptance is equivalent to a written signature under applicable laws.

14.4 Record Retention

We maintain records of agreement dates, amendments, and client communications for compliance.

15. Effective Date and Version Control

Version: 2.0 – Dual-Jurisdiction Advisory & Brokerage Model
Effective Date: July 9, 2025
Next Review: July 9, 2026

© 2025 Canadian ATM Brokerage Inc. All rights reserved.

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