GENERAL QUESTIONS

1 | Does BidSettle provide legal advice or opinions?

NO, BidSettle provides tools to help you find solutions to your Disputes, on your own. If you have any doubts or questions with regard to the legal aspects or consequences of using BidSettle, we recommend that you consult a lawyer.

2 | I want to sue an individual because a crime has been commited. Is BidSettle the right tool for me?

NO, BidSettle cannot help when it comes to criminal charges. BidSettle is a negotiation tool that helps resolve civil Disputes that can be settled for an amount of money. Criminal law cases are of public order.

3 | Does the information that I provide stay confidential?

YES, in BidSettle’s system and in its database, your names are not associated to your Dispute, you must give us your Dispute number to allow us to associate you to your Account.

Also, should the parties reach an agreement, the Settlement generated by BidSettle must remain confidential and unless required by law, the parties must undertake not to divulge it to any person, except to counsel and/or financial advisors. In the case of a grievance, the information may be divulged to the employee’s immediate family and to the employer, as required, to execute the terms of the Settlement. (BidSettle is not made for employer grievances.)

Finally, we strongly recommend that you refrain from commenting in “traditional” media, as well as on social media websites, such as Facebook and Twitter.

4 | My issue contains aspects that are non-monetary. Can I still use your online negotiation service?

Our online negotiation service does not settle non-monetary issues only. You must have a monetary issue to which you may add non-monetary conditions. This being said, you may also abandon your non-monetary issues in exchange for an amount of money.

5 | I settled by using BidSettle. Do I have to notify my lawyer?

YES. Having reached a Settlement Agreement does not mean that your lawyer will stop working for you and stop billing hours. Your lawyer must be notified to limit the amount of work to be done and in order to stop charging you legal fees. We strongly recommend that you advise your lawyer as soon as an Agreement has been reached.

6 | If I reached a Settlement on BidSettle, do I still have to pay my laywer?

YES, you will be expected to pay for all the work he did for you.

7 | Can I use my smartphone or my tablet?

YES, the BidSettle system is available wherever you have an Internet connection. Make sure it is a secure connection. However, for an optimal user experience, we recommend that you use your computer.

8 | At what time can I use BidSettle?

The system is working 24 hours per day. However, it is possible that there be interruptions for website maintenance purposes. If this is the case, we apologize for any inconvenience this may cause you.

9 | I am out of the country. Can I still use BidSettle?

YES. BidSettle can be used anytime and anywhere in the world as long as you have an Internet connection. There is a possibility that a country or a jurisdiction could block your access to the website. In this case, we are not responsible for the inconvenience this may cause you.

10 | Is BidSettle safe?

YES, BidSettle uses the TLS v1.2 (Transport Layer Security) cryptographic protocol, which is currently the highest standard of security. This secures your personal information. In addition, we store and process your information on computers located in Canada that are protected by physical as well as technological security devices. Your information is not shared with any third party without your approval.

11 | I lost the documents that were sent to me by BidSettle. What can I do?

You are responsible for the documents that are provided to you by BidSettle, and generally, they are located on your “Dashboard”. Should you not be able to find them, please get in touch with us via email, at support@bidsettle.com, and our customer service will help you recuperate your documents.

12 | What happens if I am represented by a lawyer, but the other party is not?

With BidSettle, lawyers can only make offers and counter-offers if a lawyer also represents the other party. In this case, since a lawyer does not represent the other party, you must make the offers and counter-offers yourself.

13 | Is it possible to use BidSettle as a lawyer as well as an individual?

Yes. However, your profile is associated to your email address. Therefore, you must use another email address if you want to go from a lawyer account to an individual account, and vice-versa.

SEND A DEMAND LETTER WITH BIDSETTLE

1 | How much does the BidSettle demand letter cost?

The automated demand letter generated by BidSettle, as well as its delivery by registered mail anywhere in Canada, only costs $50, plus tax.

Law firms will charge you an average of $500 for a demand letter. We’re cutting the price by 10!

2 | How can I prepare myself prior to filling out the smartform on BidSettle

It’s best to have all of the necessary information handy (for example, the day or days the event occurred, the invoice, a photo, etc.) as you will have to answer questions and add attachments if need be.

Don’t forget that once completed, BidSettle does not verify the demand letter and you are entirely responsible for its content, including the recipient’s address.

3 | Will I get reimbursed if the demand letter is delivered to the wrong address?

No. You are solely responsible of the demand letter’s content, including the recipient’s address. If it does not make it to destination because of an inaccurate address, you will not be reimbursed.

4 | Do I have to print and send the demand letter myself?

No. Once you have filled out the smartform, paid the fees and electronically signed, BidSettle will take care of the rest. BidSettle will therefore deliver the demand letter by registered mail and provide you with the confirmation of delivery (that you will have to keep for your file).

5 | What can I expect after having sent my demand letter?

After having sent the demand letter, you can generally expect one of the following four scenarios:

(1) the opposing party will accept your claim;

(2) the opposing party will counter-offer. In this case, you may want to use our online negotiation service;

(3) the opposing party will completely deny your claim; or

(4) the opposing party will not reply at all. To learn more about this topic, please read our blog.

6 | Is it possible to see the demand letter before mailing it?

Before you sign your demand letter, you will see a summary of all the information that you submitted during the process. You can then verify that information and correct a mistake, if you see one, by clicking on “Edit”.

NEGOTIATE WITH BIDSETTLE

1 | When will I know whether the opposing party has made me an offer?

When the opposing party makes a counter-offer, you will receive an email and this will also appear on your BidSettle Account. Stay alert and verify your junk email box as well; there is a possibility that emails sent by BidSettle end up there.

2 | Can I negotiate non-monetary issues?

You must first determine an amount (minimum of $100) that can be accompanied or not by an additional condition. For instance, if you purchased a defective product, you can ask to be reimbursed for that product and you can also ask to receive a different one. (The negotiation is not purely monetary.) The Settlement that will be automatically generated by BidSettle will include both elements.

Furthermore, in order to allow more flexibility, the parties can also negotiate on the number of payments, as well as specific payment dates.

3 | How much does the online negotiation service cost?

It is a free process to try and settle a Dispute by negotiating on BidSettle, i.e., it is free for you to make offers and counter-offers on the platform. However, if there is a Settlement, you must pay 2.5% of the final Settlement Amount to BidSettle, plus applicable taxes. Prior to making your first offer, you must sign a contract stating that you will pay the transaction fee in the event that you reach a Settlement.

In other words, it does not cost anything to try and settle. If you can’t agree, you pay no fee.

4 | I don’t have the opposing party’s email address, can I still use BidSettle?

YES, you have the option to print out a letter (paper format), which you can send by regular mail to the opposing party’s address. This letter will ask the opposing party to either (1) provide you with their email address or (2) initiate the BidSettle process themselves. Before you mail the letter, make sure to fill in the blanks by writing your email address and the date.

5 | Is there a minimum or maximum amount that I can offer?

The minimum amount is one hundred dollars ($100) but there is no maximum amount for the bids. Please be advised that according to the Terms and Conditions, if the offers overlap, you are obligated to respect the Settlement created between you and the opposing party and pay the 2.5% transaction fee to BidSettle, plus applicable taxes.

6 | Can I withdraw an offer that I made?

Before there is a Settlement, YES. At all times, prior to reaching an agreement, you may increase, reduce or withdraw your offer. The last offer you made overrides the previous ones. To withdraw your offer, simply click on “Cancel” or “Abort”.

After there is a Settlement, NO. According to the Terms and Conditions that you must accept in order to participate in the negotiation process, you are bound to the Settlement that occurred on the BidSettle website. You must therefore conform to the Settlement and its terms (amount and other conditions, if applicable), which were generated by our service.

7 | How many offers can I make?

There is no limit to the amount of offers that you can make prior to obtaining a Settlement. Making an offer is free. You will only have to pay a transaction fee if there is a Settlement. Furthermore, the amount of offers you make does not modify the final price. BidSettle will only charge you a 2.5% transaction fee of the final Settlement Amount, plus applicable taxes.

8 | I have reached a Settlement on BidSettle. Do I have to pay the amount written on the Settlement Agreement?

YES, the Settlement Agreement is a contract. As with any contract, you must respect its terms (as well as its non-monetary conditions, if applicable). If you require explanations as to the legal ramifications, we recommend that you contact a lawyer.

9 | I settled but the opposing party does not want to pay me. What can I do?

If the debtor does not pay the creditor within the deadlines stipulated in the Settlement Agreement, the debtor is in breach of contract and the creditor will be able to sue the other party to enforce the judgment, and ultimately get paid. The creditor may choose to sue for the amount set out in the Settlement Agreement, or for another amount as appropriate.

Even if they do not pay, the debtor remains bound by the Settlement Agreement. The creditor will therefore be able to use it as evidence in court to get a judge’s order requiring the debtor to pay.

We recommend that you consult a lawyer for any legal questions that you may have.

10 | How much time do I have to sue if the debtor doesn’t pay?

Every case is different. We recommend that you consult a lawyer about the limitation period applicable to your case. It also varies from one jurisdiction to the next. In Ontario, for instance, the limitation period for a lawsuit about a debt is generally two years. In Quebec, it is normally three years. The rule of thumb is not to wait too long before enquiring about your legal options.

11 | I settled with BidSettle. Can the opposing party sue me for something else?

YES, the Settlement Agreement obtained via BidSettle only settles the facts that were submitted in the initial description and entered onto the website. If certain facts were omitted, it is possible that the Settlement will not apply to those facts.

12 | In the event of a Settlement, what exactly is settled?

Only the facts that were submitted in the initial description and entered onto the website will be settled. It is therefore important for the Initiator to properly describe the Dispute and include all relevant aspects that you want to settle with the BidSettle system. Any forgotten elements will not be settled by the Agreement generated by BidSettle. Furthermore, BidSettle is not responsible for such inadvertences. We recommend that you follow the tips on how to properly describe your Dispute.

For example: Mr. O’Brien breaks Mrs. McKay’s fence. In the description of the Dispute to negotiate, the parties write that on June 15 2015, Mr. O’Brien broke Mrs. McKay’s fence and it was worth $3000. After having made a few offers and counter-offers, a Settlement is generated by BidSettle for an amount of $1200. The following day, Mrs. McKay remembers that Mr. O’Brien had also crushed her bicycle, which was worth $1000. In this case, since the bicycle was not mentioned in the description on BidSettle’s system, Mrs. McKay could sue Mr. O’Brien for the loss of her bicycle. You must therefore make sure to include all of the relevant facts in your description.

13 | How can I settle a grievance?

In order to settle a grievance, whether or not you are a lawyer, you must register as a “Union” or a “Business”. The “Individual” or “Lawyer” profiles do not have access to this type of Dispute. Also, BidSettle is not made for employer grievances.

14 | Can BidSettle settle an unpaid invoice Dispute?

YES. You must upload a clear and legible copy of the invoice onto the website.

15 | Can I settle many unpaid invoices at the same time?

NO, as of today, you can settle one unpaid invoice at a time; so one unpaid invoice equals one Dispute.

16 | What type of case can be settled on BidSettle?

BidSettle is a negotiation tool that helps resolve civil Disputes, grievances and unpaid invoices that can be settled for an amount of money. You must make sure to not transact on matters that relate to the status or capacity of persons or to other matters of public order. If such is the case and the Settlement Agreement is declared null by a tribunal, BidSettle will reimburse the transaction fee that you paid for our services. Any other inconvenience caused by the use of BidSettle’s system will not be compensated. When in doubt, we recommend that you ask a lawyer whether BidSettle is the right tool for you.