By clicking “I Agree,” “Subscribe,” “Confirm,” or an equivalent button, by signing electronically, or by using the Services after receiving this Agreement, you acknowledge that you have read and agree to this Agreement, the Privacy Policy, the Credit Reporting and Credit File Consent, the Payment Plan Disclosure in Schedule B, and, if you pay by Canadian bank account, the Pre-Authorized Debit Agreement in Schedule C. Non-waivable rights under applicable consumer protection, privacy, credit reporting and other laws are not excluded.
Your Membership is sold as a 12-month term. The entire Membership fee for that term becomes owed on your Activation Date. As an accommodation, AvenaCredit allows you to pay that amount in 12 equal monthly instalments instead of in a single payment. You pay exactly the same total whether you pay in full on day one or over 12 months. AvenaCredit charges no interest, no financing cost, no administration fee and no set-up fee for the Payment Plan. If a scheduled payment fails, AvenaCredit may ask you to reimburse the bank charge it actually pays and its actual cost of contacting you and correcting your file, up to the amounts stated in Section 5.3. Because the full fee is owed up front, cancelling does not by itself eliminate the remaining balance — see Sections 4, 8, 10 and 21.
Section 21 contains provisions that override the general terms for Québec residents. The Initial Term is 12 months. After the Initial Term, the Membership continues for an indeterminate term with monthly billing rather than renewing for another fixed term. Nothing in this Agreement restricts any cancellation or termination right that cannot legally be waived under Québec law.
1. Definitions
In this Agreement, capitalized terms have the following meanings:
“Activation Date” means the date on which AvenaCredit activates your Membership, being the date the Total Membership Fee becomes owed and the date the Initial Term begins.
“Add-On Service” means any product, feature, upgrade, ancillary service, one-time service, or recurring add-on offered by AvenaCredit beyond the base Membership Tier.
“Authorized Payment Method” means the credit card, debit card, or Canadian bank account authorized by the Member for charges under this Agreement.
“Credit Bureau” means Equifax Canada Co. and any other consumer reporting agency to which AvenaCredit lawfully reports or from which it lawfully obtains information.
“In-House Line of Credit” means a restricted-use credit facility made available by AvenaCredit to an eligible Member for qualifying AvenaCredit services and Add-On Services. It is not cash-advanceable unless AvenaCredit expressly states otherwise in a separate disclosure.
“Initial Term” means the fixed twelve (12) month period beginning on the Activation Date.
“Instalment” means each scheduled monthly payment under the Payment Plan, as set out in Schedule B.
“Membership” means the AvenaCredit subscription at the selected Starter, Build, or Boost tier.
“PAD” or “Pre-Authorized Debit” means a debit initiated by AvenaCredit against a Member’s Canadian bank account under Schedule C, in accordance with Payments Canada Rule H1.
“Payment Plan” means the interest-free instalment arrangement described in Section 4 under which the Total Membership Fee is paid over the Initial Term.
“Renewal Date” means, for Members outside Québec, the date on which the then-current term expires and a Renewal Term would begin in the absence of cancellation under Section 8.
“Renewal Term” means, for Members outside Québec, each successive twelve (12) month period for which the Membership is extended under Section 8.
“Reporting Cycle” means AvenaCredit’s applicable monthly reporting cycle to a Credit Bureau.
“Services” means the Membership, account tools, educational materials, credit-file access and monitoring features where offered, credit reporting activities, an eligible In-House Line of Credit, and Add-On Services.
“Total Membership Fee” means the full fee for the Initial Term at your Membership Tier, as set out in Section 4 and Schedule B, which becomes owed on the Activation Date.
2. Eligibility
You represent and warrant that:
- You are at least the age of majority in your province or territory of residence.
- You are a resident of Canada with a valid Canadian residential address.
- You have legal capacity to contract and are acting on your own behalf.
- Information you provide is accurate, complete and current.
- You hold an Authorized Payment Method that you are authorized to use.
You agree to promptly notify AvenaCredit of any change to your contact, residency or payment information.
3. Description of services
AvenaCredit provides a membership-based credit-building and financial education service. Depending on the selected tier and eligibility, the Services may include reporting of AvenaCredit account activity to Equifax Canada, access to an In-House Line of Credit usable for qualifying AvenaCredit services and Add-On Services, and the ability to submit or connect eligible rent and utility payment information for reporting where supported.
AvenaCredit may obtain and access a Member’s consumer credit file from Equifax Canada or another Credit Bureau, with consent and where permitted by law, for identity verification, fraud prevention, administration of the Membership and In-House Line of Credit, establishing or reviewing an appropriate internal credit limit, providing credit-related tools, and other purposes disclosed in this Agreement and the Privacy Policy.
AvenaCredit may establish or review an In-House Line of Credit with the objective of maintaining reported utilization below 40% based on the information available to AvenaCredit. This is an account-management objective only. AvenaCredit does not guarantee that utilization will remain below 40%, that any particular utilization ratio is optimal for a Member, or that any credit score will increase.
AvenaCredit is not a credit repair organization and does not promise removal of accurate negative information or guarantee any credit score, credit rating, financing approval, or specific credit outcome. Educational materials are informational and are not legal, tax, investment, or individualized financial advice.
4. Membership tiers, total membership fee and interest-free payment plan
4.1 Fee structure. Membership fees are in Canadian dollars and exclude applicable GST/HST, QST and other sales taxes. Current pricing is:
| Feature | Starter | Build | Boost |
|---|---|---|---|
| Total Membership Fee for the 12-month Initial Term (CAD, before taxes) | $299.88 | $419.88 | $1,019.88 |
| Monthly Instalment under the Payment Plan (CAD, before taxes) | $24.99 | $34.99 | $84.99 |
| Number of Instalments | 12 | 12 | 12 |
| Extra cost for paying monthly instead of in full | $0.00 | $0.00 | $0.00 |
| Tradeline limit reported to Equifax Canada | $1,000 | $1,500 | $3,000 |
| Rent and utility reporting | — | Yes | Yes |
| Initial Term | 12 months | 12 months | 12 months |
4.2 Fee owed on activation. You acknowledge and agree that the Total Membership Fee for the Initial Term becomes owed in full on the Activation Date. The Membership is sold as a fixed 12-month term, not as a month-to-month service.
4.3 Interest-free payment plan. As an accommodation, and instead of requiring payment of the Total Membership Fee in a single payment, AvenaCredit extends to you a Payment Plan under which the Total Membership Fee (plus applicable taxes) is payable in 12 equal monthly Instalments. No interest, finance charge, carrying cost, administration fee, set-up fee or service fee of any kind is charged in consideration of the Payment Plan.
4.4 Identical total price. The total amount you pay for the Membership is identical whether you pay the Total Membership Fee in a single payment on the Activation Date or in 12 monthly Instalments. AvenaCredit does not offer a discount for paying in full, and does not apply any surcharge, premium, uplift or higher price for paying by Instalments. The Total Membership Fee is equal to the monthly Instalment amount multiplied by 12. No part of the amount you pay is consideration for the right to pay over time.
4.5 Individual disclosure. Your specific Total Membership Fee, applicable taxes, total amount payable, Instalment amount, number of Instalments, and payment dates are set out in the Payment Plan Disclosure in Schedule B, which is provided to you before or at the time of acceptance and forms part of this Agreement.
4.6 Prepayment. You may prepay all or part of the outstanding balance at any time, without notice, penalty or charge of any kind. Because no additional cost applies to the Payment Plan, prepayment simply reduces the outstanding balance.
4.7 Price changes. AvenaCredit may change pricing or features only in accordance with this Agreement and applicable law. A price change will not apply during a fixed term unless permitted by law and expressly agreed to where required. Any change applicable to a Renewal Term will be disclosed in the notice given under Section 8.3.
5. Payment authorization, billing and failed payments
5.1 Authorization. By providing an Authorized Payment Method, you authorize AvenaCredit and its payment processors to charge, on a recurring monthly basis: (a) each Instalment under the Payment Plan, plus applicable taxes; (b) any Add-On Service amounts separately authorized under Section 6; and (c) any other amounts lawfully owing under this Agreement. If you pay by Canadian bank account, debits are also governed by the Pre-Authorized Debit Agreement in Schedule C, which forms part of this Agreement.
5.2 Maintaining a valid payment method. You are responsible for maintaining a valid and current Authorized Payment Method for the duration of the Payment Plan, and for updating your payment information promptly upon any change. Where supported by your card issuer, AvenaCredit may receive automatic updates to your card number or expiry date through industry-standard account-updater services.
5.3 Failed, returned or reversed payments. If an Instalment or other scheduled payment is declined, returned or reversed, AvenaCredit may, to the extent permitted by applicable law:
- (a) re-attempt the payment on one or more occasions, at such times and intervals as AvenaCredit determines in its discretion, having regard to the circumstances of the account;
- (b) require you to reimburse the amount actually charged to AvenaCredit by its financial institution or payment processor in respect of that failed payment. This amount is currently approximately $5.00 per occurrence and will not exceed the amount AvenaCredit actually pays;
- (c) require you to reimburse AvenaCredit’s actual administrative cost of contacting you about the failed payment and manually correcting your account and payment records, up to a maximum of $20.00 per occurrence. AvenaCredit will not require reimbursement of more than the cost it actually incurs;
- (d) suspend access to affected Services, including suspension of further reporting to a Credit Bureau, until the account is brought current;
- (e) report the account or payment status to a Credit Bureau as described in Section 11; and
- (f) suspend or terminate the Membership in accordance with Section 20.
5.4 Recovery of failed payments and related amounts — AvenaCredit’s discretion. You authorize AvenaCredit to collect from your Authorized Payment Method the amount of any Instalment or other scheduled payment that was not successfully collected, together with any amount payable under Sections 5.3(b) and 5.3(c), using any one or more of the following methods, selected by AvenaCredit in its discretion:
- (a) re-attempting collection of the outstanding amount on any later date determined by AvenaCredit;
- (b) adding the outstanding amount to your next scheduled monthly payment, so that the next payment is correspondingly larger;
- (c) spreading the outstanding amount across some or all of your remaining Instalments, so that those Instalments are correspondingly larger; or
- (d) any combination of the methods above.
AvenaCredit may select, change or combine these methods without your further consent, and may apply a different method on each occasion. Amounts recovered under this Section do not increase the Total Membership Fee or the total amount payable under this Agreement. They represent collection of amounts you already owe, together with any reimbursement properly payable under Section 5.3, and any re-allocation across remaining Instalments changes only the timing and size of individual payments, never the total.
You acknowledge that the amount debited in a given month may therefore differ from your regular Instalment amount. To the extent permitted by applicable law, and as set out in Schedule C where you pay by Canadian bank account, you waive any requirement for advance notification of such a variation. AvenaCredit will notify you of the amount and timing of any varied debit before or at the time it is collected.
Nothing in this Section limits AvenaCredit’s rights under Sections 5.3, 5.7 or 20, and AvenaCredit’s exercise of any method under this Section does not waive any default or any right to accelerate the outstanding balance.
5.5 Nature and limits of failed-payment reimbursements. The amounts described in Sections 5.3(b) and 5.3(c) are reimbursement of costs actually incurred by AvenaCredit as a direct result of a failed payment. They are not interest, not a financing or carrying cost, not a penalty, and not consideration for the Payment Plan or for the right to pay over time. AvenaCredit will, on request, provide reasonable substantiation of the amounts claimed. The maximum stated in Section 5.3(c) is set at an amount that AvenaCredit has determined to be no greater than, and generally less than, the actual staff time and processing cost it incurs per failed payment; it is a ceiling on recoverable costs and is not a predetermined penalty or an estimate of liquidated damages. AvenaCredit will not apply Section 5.3(b) or 5.3(c), in whole or in part, where doing so is prohibited or restricted by applicable law in your province or territory. If either amount is determined to be unenforceable, it will be reduced to the maximum enforceable amount or, failing that, severed, without affecting the remainder of this Agreement.
5.6 Advance disclosure of failed-payment amounts. The amounts in Sections 5.3(b) and 5.3(c) are disclosed to you before you accept this Agreement, are shown in Schedule B, and are presented at the point of enrollment. AvenaCredit will notify you of any amount claimed under those Sections before or at the time it is collected.
5.7 Acceleration of the outstanding balance. If you fail to pay an Instalment when due, AvenaCredit may declare the entire outstanding balance of the Total Membership Fee immediately due and payable, only after AvenaCredit has sent you written notice of the default and you have failed to remedy it within thirty (30) days of that notice, or within any longer or different period required by applicable law. This Section is expressly subject to any statutory restriction on forfeiture of the benefit of the term, including under the Québec Consumer Protection Act, and to any right you may have to apply to a court to modify the terms of payment.
6. Add-on services — authorization to add to your monthly payment
You expressly agree and authorize that any Add-On Service you purchase, activate, or subscribe to from AvenaCredit during the Initial Term or any Renewal Term may, at AvenaCredit’s option, be added to and collected through your existing recurring monthly payment under this Agreement.
Specifically, by purchasing an Add-On Service you authorize AvenaCredit to:
- add the price of the Add-On Service (and applicable taxes) to your next scheduled monthly charge, or charge it separately to your Authorized Payment Method, at AvenaCredit’s option;
- continue charging the Add-On Service fee on a recurring basis, in addition to your Instalment, where the Add-On Service is offered on a recurring basis, until you cancel that Add-On Service;
- prorate Add-On Service charges where the purchase is made part-way through a billing cycle; and
- continue charging Add-On Service fees through any Renewal Term or any indeterminate-term continuation, unless you cancel the Add-On Service or the Membership.
Separate consent is always required. Each Add-On Service requires your separate affirmative consent at the point of purchase, given by a clear electronic action such as clicking a confirmation button or ticking a confirmation box. Before you complete the purchase, AvenaCredit will disclose: (a) the price; (b) the billing frequency (one-time or recurring); (c) any applicable term, renewal and cancellation conditions; and (d) how and when the charge will be collected. AvenaCredit does not use negative-option enrollment and will not charge you for any Add-On Service you have not expressly accepted.
Where an Add-On Service is purchased using an In-House Line of Credit, the applicable amount may be reflected as usage or a balance on that internal credit facility and may form part of information reported to a Credit Bureau where authorized and permitted by law.
You may cancel any recurring Add-On Service at any time by notice to info@avenacredit.com or through any cancellation mechanism AvenaCredit makes available, effective at the end of the then-current billing cycle for that Add-On Service. Cancelling an Add-On Service does not cancel your Membership, does not reduce the Total Membership Fee, and does not refund amounts already earned or incurred.
7. Taxes
All fees are exclusive of applicable Goods and Services Tax (GST), Harmonized Sales Tax (HST), Québec Sales Tax (QST), Provincial Sales Tax (PST) and other taxes, levies or government charges payable in respect of the Services. AvenaCredit will collect and remit applicable taxes as required by law and will display the applicable tax on invoices and receipts.
AvenaCredit’s Canadian tax registration numbers are: GST/HST (TPS): 734331838 RT0001 and QST (TVQ): 1234162086 TQ0001.
8. Term, renewal and cancellation — members outside Québec
8.1 Initial Term. Except as otherwise provided in Section 21 for Québec Members, the Initial Term is twelve (12) months beginning on the Activation Date.
8.2 Automatic renewal. Outside Québec, the Membership automatically renews for successive twelve (12) month Renewal Terms at the then-applicable price, subject to applicable law, unless renewal is cancelled under this Section. Each Renewal Term is likewise sold as a fixed term, with the fee for that term owed on the first day of the Renewal Term and payable in 12 interest-free monthly Instalments.
8.3 Renewal notice. AvenaCredit will send a written renewal notice to your registered email address approximately sixty (60) days before the Renewal Date, or within any different mandatory period required by your province or territory. The notice will identify the Renewal Date, the length of the Renewal Term, the applicable price and any change from your current price, and the method of cancellation.
8.4 Cancellation of renewal. Outside Québec, you may cancel an upcoming renewal, at no cost and without penalty, by written notice to info@avenacredit.com at least thirty (30) days before the Renewal Date, unless applicable law provides a more favourable right. Your cancellation notice must include your full legal name, the email address registered to your AvenaCredit account, and your account identifier where available, so that AvenaCredit can reasonably identify your account. AvenaCredit will acknowledge receipt within a reasonable period and confirm the date on which the Membership will end.
8.5 Late cancellation. If you send a cancellation notice fewer than thirty (30) days before a Renewal Date, the Membership will renew and your cancellation will be processed to take effect at the end of that Renewal Term, except where applicable law provides otherwise.
8.6 Effect of cancellation of renewal. Cancellation of renewal prevents the next Renewal Term but does not end the current fixed term and does not extinguish the outstanding balance of the Total Membership Fee for that term. You will continue to have access to the Services and continue to be charged the remaining Instalments until the end of the current term.
8.7 No convenience cancellation during a fixed term. Except where required by law or expressly stated in this Agreement, you do not have a contractual right to end a fixed term early merely for convenience. Statutory rights are preserved.
9. Statutory cancellation and rescission rights
AvenaCredit does not grant a general voluntary cooling-off period under this Agreement. However, nothing in this Agreement limits any cancellation, rescission, refund, chargeback or other remedy that you have under mandatory consumer protection, credit or other applicable law, including rights that may arise from required disclosures, delivery of the contract, performance of services, the extension of credit, or other statutory circumstances.
10. Refund policy
Except as required by law or expressly stated in this Agreement, amounts already earned or incurred are non-refundable, and the Total Membership Fee for a commenced term remains owed notwithstanding non-use of the Services. No provision of this Section limits a non-waivable statutory remedy.
If AvenaCredit is unable to provide the Services for reasons within its control for a continuous period of more than fourteen (14) days, you may request a proportionate credit or refund corresponding to the affected period.
11. Credit file access, credit reporting authorization and consent
By separately accepting the applicable credit consent during enrollment, and subject to applicable law, you authorize AvenaCredit and its service providers to collect, use, verify and disclose identifying and account information, including your legal name, date of birth, residential address, Social Insurance Number where lawfully required or voluntarily provided for an authorized purpose, payment history, account balances, credit limits, utilization and other information reasonably required to provide the Services.
You authorize AvenaCredit to obtain and access your consumer credit file from Equifax Canada and, where applicable, another Credit Bureau for identity verification, fraud prevention, administering the Membership, the Payment Plan and the In-House Line of Credit, establishing or reviewing internal credit limits, delivering credit-related features, and other purposes permitted by law and disclosed to you.
You also authorize AvenaCredit to furnish eligible account and payment information to Equifax Canada and other disclosed Credit Bureaus. Depending on the Services used, reported information may include AvenaCredit Payment Plan and In-House Line of Credit information, balances, limits and utilization, payment history, and eligible rent or utility payment information that you have authorized AvenaCredit to report.
If a scheduled amount due to AvenaCredit is unsuccessful and the required payment has not been successfully received before AvenaCredit completes the applicable month-end Reporting Cycle, AvenaCredit may report the account or payment status as missed, unpaid, delinquent, unsuccessful, or another applicable adverse status consistent with the reporting format used by Equifax and applicable law. Such reporting may negatively affect your credit file or credit score.
AvenaCredit will report information it reasonably believes to be accurate and will maintain processes for investigating disputes and correcting information where required by law. Withdrawal of a consent that is necessary to provide a core credit-reporting service may result in suspension or termination of that service, subject to applicable law.
12. No guarantee regarding credit outcomes
AvenaCredit does not represent, warrant or guarantee that your credit score, credit rating, credit file or creditworthiness will improve by any amount, within any timeframe, or at all. Credit outcomes depend on many factors outside AvenaCredit’s control, including other debts and payment history, bureau and lender policies, and scoring models.
13. Member obligations and acceptable use
- Maintain accurate personal, contact and payment information.
- Pay all amounts lawfully due when required.
- Safeguard account credentials and promptly report unauthorized use.
- Use the Services and any In-House Line of Credit only for permitted purposes.
- Do not impersonate others, provide fraudulent information, scrape, reverse-engineer, interfere with, or misuse the Services.
14. Intellectual property
AvenaCredit and its licensors retain all rights in the Services, software, branding, educational materials and other intellectual property. During an active Membership, you receive a limited, personal, non-exclusive, non-transferable and revocable licence to use the Services for their intended purpose.
15. Warranties and disclaimers
AvenaCredit will provide the Services with reasonable skill and care. To the maximum extent permitted by law, the Services are otherwise provided on an “as is” and “as available” basis. Nothing in this Agreement excludes a warranty, condition or consumer right that cannot legally be waived.
16. Limitation of liability
To the maximum extent permitted by law, AvenaCredit’s aggregate liability arising from the Services will not exceed the fees actually paid by the Member to AvenaCredit during the twelve (12) months preceding the event giving rise to the claim. To the maximum extent permitted by law, AvenaCredit is not liable for indirect, incidental, consequential, special, exemplary or punitive damages or for lost profits, opportunities, goodwill, data or expected credit outcomes.
These limitations do not apply where prohibited by law, including to liability or remedies that cannot legally be limited under applicable consumer protection legislation.
17. Member responsibility / indemnity
To the maximum extent permitted by law, you are responsible for third-party claims directly resulting from your intentional fraud, unlawful misuse of the Services, or knowing provision of materially false information. This Section does not require a consumer to indemnify AvenaCredit for AvenaCredit’s own fault where such an obligation would be prohibited or unenforceable.
18. Privacy and personal information
AvenaCredit’s collection, use, disclosure, retention and protection of personal information is governed by the Privacy Policy, incorporated into this Agreement by reference. The Privacy Policy is designed to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA), the Act respecting the protection of personal information in the private sector (Québec), as amended by Law 25, and other applicable Canadian privacy legislation. Credit-file access and credit reporting are also subject to the specific consent presented during enrollment.
19. Modifications
AvenaCredit may modify non-essential administrative provisions of this Agreement where permitted by law. Where a change requires advance notice, consent, or a cancellation right, AvenaCredit will comply with those requirements. During a fixed term, AvenaCredit will not unilaterally change an essential element such as the price, the nature of the principal service, the Total Membership Fee, the Payment Plan terms, or the length of the fixed term where prohibited by law.
20. Suspension or termination by AvenaCredit
AvenaCredit may suspend or terminate Services where a Member fails to pay amounts due, materially breaches this Agreement, provides fraudulent information, creates a material security or fraud risk, or where termination is required by law, a Credit Bureau, payment processor, or regulator. Where termination follows non-payment, AvenaCredit will first comply with the notice and cure requirements in Section 5.7. Where AvenaCredit terminates for convenience, AvenaCredit will cease charging further Instalments and will provide any refund of unearned amounts required by law or this Agreement.
21. Québec-specific provisions
If you reside in Québec, this Section applies notwithstanding any inconsistent general provision. Mandatory Québec law prevails.
21.1 French version and language choice. A French version of this Agreement and related standard-form documents will be made available to the Member before the Member is asked to choose to be bound by an English version. A Member who chooses English after receiving access to the French version expressly requests that this Agreement and related documents be drawn up in English, to the extent permitted by law.
21.2 Initial fixed term. The Initial Term is twelve (12) months. AvenaCredit does not grant a contractual convenience right to terminate the Initial Term merely because the Member changes their mind. This sentence is expressly subject to all cancellation and termination rights that cannot be waived under the Consumer Protection Act or other applicable Québec law.
21.3 Payment plan. The Payment Plan described in Section 4 is extended without interest and without any charge in consideration of the right to pay over time. The total amount payable is identical whether the Member pays in full on the Activation Date or in monthly Instalments. AvenaCredit provides the Payment Plan Disclosure in Schedule B before the Member is bound. To the extent any requirement of the Consumer Protection Act applies to the Payment Plan, AvenaCredit will comply with it, and any provision of this Agreement inconsistent with such a requirement is of no effect for a Québec Member.
21.4 Failed-payment amounts. For a Québec Member, AvenaCredit will claim under Section 5.3(b) only amounts it has actually paid to a financial institution or payment processor in respect of the failed payment, and will claim under Section 5.3(c) only its actual administrative costs, and only to the extent permitted by the Consumer Protection Act. AvenaCredit does not stipulate a predetermined penalty, liquidated damages or a fixed default charge against a Québec Member. Where the Consumer Protection Act prohibits or restricts the recovery of such an amount, AvenaCredit will not claim it. Any re-allocation of a missed payment under Section 5.4 changes only the timing and size of individual Instalments and does not increase the total amount payable by a Québec Member.
21.5 Forfeiture of benefit of the term. AvenaCredit will not exercise any right to accelerate the outstanding balance against a Québec Member except in accordance with the Consumer Protection Act, including the required notice and the Member’s right to remedy the default or to apply to a court to modify the terms of payment.
21.6 Continuation after Initial Term. At expiry of the Initial Term, the Membership does not renew for another fixed 12-month term. Instead, it continues for an indeterminate term, with billing remaining monthly, unless ended in accordance with applicable law.
21.7 Expiry notice. AvenaCredit will provide written notice of the expiry date of the Initial Term within the period required by Québec law, presently between the 90th and 60th day before expiry. AvenaCredit operationally targets approximately 60 days before expiry.
21.8 Cancellation after Initial Term. Once the Membership has continued for an indeterminate term, the Member may cancel by any method permitted by applicable law. AvenaCredit requests that a Member who wishes to avoid the next scheduled monthly billing submit cancellation at least ten (10) days before that billing date where practicable; however, this request does not postpone or restrict the legal effective date of a cancellation where Québec law provides otherwise.
21.9 Online cancellation. Where Québec law requires AvenaCredit to provide an online cancellation mechanism, AvenaCredit will make such a mechanism available in addition to cancellation by email at info@avenacredit.com.
21.10 Statutory rights. Nothing in this Agreement limits any right or remedy under Québec law that cannot be waived, including any statutory right to cancel a contract at any time where such right applies to this Membership.
21.11 Unilateral changes. Any modification affecting a Québec Member will be made only in accordance with the Consumer Protection Act, including applicable content, notice and cancellation requirements. Essential elements will not be unilaterally changed during the fixed term where prohibited.
22. Dispute resolution
Before formal proceedings, the parties are encouraged to contact one another and attempt in good faith to resolve the dispute. You may contact AvenaCredit at info@avenacredit.com with a written description of your complaint. Nothing in this Section prevents a Member from using a small claims court, consumer protection authority, privacy regulator, Credit Bureau dispute process, or another forum or remedy available by law. No class-action waiver applies where prohibited by law.
23. Governing law and jurisdiction
This Agreement is governed by the federal laws of Canada and the laws of the province or territory applicable to the Member and the transaction. To the extent a choice of law is legally permitted, the laws of Québec and the federal laws of Canada applicable there govern AvenaCredit’s administration of this Agreement. Nothing in this Section deprives a consumer of mandatory protections or jurisdictional rights in their province or territory of residence.
24. Force majeure
AvenaCredit is not responsible for delay caused by circumstances beyond its reasonable control, including natural disasters, governmental action, labour disruption, telecommunications outages, or material failures of Credit Bureaus or payment processors, provided AvenaCredit takes reasonable steps to mitigate and resume performance.
25. General provisions
25.1 Entire agreement. This Agreement, the Privacy Policy, the applicable credit consent, Schedule A, Schedule B, Schedule C, and Add-On disclosures form the agreement between the parties.
25.2 Severability. An invalid or unenforceable provision will be limited or severed to the extent legally permitted without invalidating the remainder.
25.3 Assignment. The Member may not assign the Agreement without consent. AvenaCredit may assign it in connection with a reorganization, merger, financing, sale of assets or change of control, subject to applicable law.
25.4 Notices. Notices to AvenaCredit may be sent to info@avenacredit.com or 730 Merry Sud, Magog, Québec J1X 5C4, Canada. AvenaCredit will send notices to the email address on your account, or by mail where required. AvenaCredit may send notices electronically where permitted by law.
25.5 Electronic communications and acceptance. You consent to electronic delivery of agreements, disclosures and notices where permitted by law. Electronic acceptance has the legal effect provided by applicable law.
25.6 Survival. Sections 4 (to the extent of amounts owing), 11, 12, 14, 16, 17, 18, 22 and 23, and any provision that by its nature should survive, survive termination.
26. Contact information
Conseil AvenaCredit Inc. (AvenaCredit)
730 Merry Sud, Magog, Québec J1X 5C4, Canada
Email: info@avenacredit.com
Website: avenacredit.com
GST/HST (TPS): 734331838 RT0001
QST (TVQ): 1234162086 TQ0001
Schedule A — Membership tiers
Tier features. Pricing and payment terms are set out in Section 4.1.
Starter
- $1,000 tradeline reported to Equifax Canada
- Monthly balance alerts
- Credit dashboard and tips
- “Rebuild Your Credit” ebook, included at no additional charge
Build
- $1,500 tradeline reported to Equifax Canada
- Monthly balance alerts
- Rent and utility reporting
- Credit dashboard and tips
- “Rebuild Your Credit” ebook, included at no additional charge
Boost
- $3,000 tradeline reported to Equifax Canada
- Monthly balance alerts
- Rent and utility reporting
- Rent backdating of up to 24 months, subject to verification
- One-on-one credit guidance
- “Rebuild Your Credit” ebook, included at no additional charge
Tradeline amounts. The tradeline amount shown for each Tier is the credit limit AvenaCredit reports to Equifax Canada in respect of the Member’s AvenaCredit account. Availability and the applicable limit are subject to eligibility and to AvenaCredit’s account review from time to time. The tradeline amount is not a cash advance, is not withdrawable, and may be used only for qualifying AvenaCredit services and Add-On Services.
Rent and utility reporting. Rent and utility reporting depends on the Member providing information AvenaCredit can verify, and on the continued availability of the relevant reporting channel. AvenaCredit reports only information it reasonably believes to be accurate and verifiable.
Rent backdating (Boost). Rent backdating applies only to past rent payments that the Member can substantiate to AvenaCredit’s reasonable satisfaction through documentation such as lease agreements, payment records or landlord confirmation. AvenaCredit will not report backdated rent history it is unable to verify. The period actually reported may be shorter than 24 months.
Guidance is not advice. One-on-one credit guidance is educational and general in nature. It is not legal, tax, investment, insolvency or individualized financial advice, and it does not guarantee any credit outcome.
Schedule B — Payment plan disclosure
Your individual Payment Plan Disclosure is completed and delivered to you before acceptance, and forms part of this Agreement. It sets out your name, Membership Tier, Activation Date, Initial Term end date, Total Membership Fee before taxes, applicable taxes, total amount payable, the number of instalments (12), the amount of each instalment including taxes, the first and final instalment dates, the monthly instalment frequency, and your Authorized Payment Method. It also states that the additional cost for paying by instalments is $0.00 and the interest rate applied to the Payment Plan is 0%.
No interest and no cost for paying over time. No interest, financing cost, administration fee or set-up fee applies to the Payment Plan. The total amount payable is identical whether you pay in full on the Activation Date or in monthly Instalments. You may prepay the outstanding balance in whole or in part at any time without penalty or charge.
If a payment fails. If a scheduled payment is declined, returned or reversed, AvenaCredit may require you to reimburse (i) the bank or processor charge AvenaCredit actually pays for that failed payment, currently approximately $5.00, and (ii) AvenaCredit’s actual cost of contacting you and manually correcting your file, up to a maximum of $20.00 per occurrence. These are reimbursements of actual costs, not interest and not a penalty, and are not charged where prohibited by the law of your province or territory. AvenaCredit may recover the missed payment and these amounts by re-attempting collection on a later date, adding them to your next payment, or spreading them across your remaining payments, at its discretion — so your monthly debit may vary. The total amount you pay does not increase. See Sections 5.3, 5.4 and 5.5.
Default. If an Instalment is not paid when due, AvenaCredit may exercise the remedies in Section 5.3 of the Agreement, and may accelerate the outstanding balance only after written notice and the cure period described in Section 5.7, subject to applicable law.
Schedule C — Pre-Authorized Debit (PAD) Agreement
Personal PAD — recurring, variable amount.
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This Pre-Authorized Debit Agreement forms part of your AvenaCredit Membership Agreement and is made in accordance with Payments Canada Rule H1 — Pre-Authorized Debits. In the event of a conflict regarding the mechanics of debiting your bank account, this Schedule governs.
This is a variable amount Personal PAD. The amount debited each month will normally equal your monthly Instalment plus applicable taxes, but it may be higher or lower in a given month — for example if you purchase an Add-On Service, if taxes change, or if AvenaCredit is recovering a payment that previously failed. By accepting this Agreement you waive your right to advance notice of these variations. AvenaCredit will still tell you the amount and date of any varied debit before or at the time it is collected.
C.1 Payor and account information
Payor details and debit schedule. Your name, address, contact details, the amount of each regular debit, the debit frequency and the date of the first debit are those set out in the Payment Plan Disclosure in Schedule B, which forms part of this PAD authorization and is not repeated here. Each scheduled Instalment in Schedule B corresponds to one debit under this Schedule.
Bank account to be debited. By providing your financial institution name, branch address, institution number, transit number and account number during enrollment and accepting this Agreement, you confirm their accuracy and authorize debits against that account.
Void cheque or banking confirmation. You agree to provide AvenaCredit with a void cheque, a direct-deposit or pre-authorized debit form from your financial institution, or an equivalent electronic confirmation sufficient to identify the account.
C.2 Authorization
You authorize AvenaCredit, and the financial institution at which the account identified during enrollment is held (the “Financial Institution”), to process debits against that account in accordance with this Schedule and Payments Canada Rule H1. This is a Personal PAD for personal, family or household purposes.
The amounts that may be debited are those AvenaCredit is authorized to charge under Section 5.1 — your monthly Instalments plus applicable taxes, any Add-On Service amounts you have separately authorized, any amount payable under Section 5.3 following a failed payment, and any other amount lawfully owing under this Agreement. This Schedule governs the mechanics by which those amounts are debited from your bank account; it does not create any additional charge.
C.3 Variable amounts and waiver of pre-notification
Payments Canada Rule H1 normally requires AvenaCredit to give you written notice of the amount and date of the first PAD at least ten (10) calendar days before it is processed, and at least ten (10) calendar days’ notice before any change in the amount or date of a subsequent PAD, unless that notice is waived.
You expressly waive the right to receive pre-notification of the amount and date of any PAD under this Schedule, including the first PAD and every subsequent PAD whose amount differs from the previous one.
You acknowledge that the debited amount may vary from month to month for reasons including:
- a change in applicable federal or provincial sales taxes;
- your purchase of an Add-On Service, which may be added to your monthly payment;
- a change in your Membership Tier that you have requested or accepted;
- recovery of a previously failed payment under Section 5.4, together with any amount payable under Section 5.3; and
- a final Instalment that differs slightly from earlier Instalments due to rounding.
Notwithstanding this waiver, AvenaCredit will notify you of the amount and date of any debit that differs from your regular Instalment, before or at the time it is collected, by email to your registered address or through your AvenaCredit account, and will make monthly receipts or statements available to you.
C.4 Recovery of failed debits
If a debit is declined, returned or reversed, you authorize AvenaCredit to recover the unpaid amount, together with any amount payable under Section 5.3, by any of the methods set out in Section 5.4 — re-attempting the debit, adding it to your next scheduled debit, spreading it across your remaining scheduled debits, or any combination — chosen by AvenaCredit in its discretion. Recovery does not increase the total amount payable under this Agreement; it changes only the timing and size of individual debits.
C.5 Changes, cancellation and recourse
Changing your banking information. To change the account used for your PADs, contact AvenaCredit at info@avenacredit.com at least ten (10) business days before your next scheduled debit. AvenaCredit may require updated banking confirmation.
Cancelling this PAD authorization. You may cancel this PAD authorization at any time by giving AvenaCredit at least ten (10) business days’ notice before the next scheduled debit, by email to info@avenacredit.com or in writing to the address in Section 26. Cancelling the PAD authorization does not cancel your Membership and does not reduce or extinguish any amount you owe under this Agreement. You will be required to provide an alternative payment method for any remaining amounts. To obtain a sample cancellation form, or for more information on your right to cancel a PAD, contact your Financial Institution or visit payments.ca.
Cancellation by AvenaCredit. AvenaCredit may cancel this PAD authorization on at least thirty (30) days’ written notice, or in connection with termination of this Agreement.
Personal information. Banking information collected under this Schedule is used solely to process authorized debits and administer your account, and is handled in accordance with Section 18 and the Privacy Policy. You consent to AvenaCredit disclosing this information to its payment processors and to your Financial Institution as necessary to process debits and investigate any debit-related issue.
C.6 Confirmation
By accepting this Agreement, you confirm that: you are the sole authorized holder of the account identified during enrollment, or all required account holders have accepted this Agreement; you have read and understood this Schedule; you waive pre-notification of PAD amounts and dates as set out in C.3; you authorize recovery of failed debits under C.4; and you understand your recourse rights and your right to cancel under C.5.
You have certain recourse rights if any debit does not comply with this PAD Agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights, contact your Financial Institution or visit payments.ca.
Member acknowledgment and consent
By accepting electronically or signing, you confirm that:
- You have received and agree to the AvenaCredit Membership Agreement and the incorporated policies applicable to you.
- You understand that the Initial Term is 12 months, that the full Membership fee for that term becomes owed on your Activation Date, and that AvenaCredit allows you to pay it in 12 interest-free monthly Instalments.
- You understand that no interest, financing cost, administration fee or set-up fee applies to your Payment Plan, that you pay the same total whether you pay in full or by instalments, and that you may prepay at any time without penalty.
- You understand that if a scheduled payment fails, AvenaCredit may require you to reimburse the bank charge it actually pays (currently about $5.00) and its actual cost of contacting you and correcting your file, up to $20.00 per occurrence, as set out in Section 5.3.
- You have received the Payment Plan Disclosure in Schedule B setting out your Total Membership Fee, taxes, total amount payable, instalment amount, payment dates and the amounts that may apply if a payment fails.
- You authorize AvenaCredit to recover a failed payment and any related reimbursement by re-attempting collection on a later date, adding it to your next payment, or spreading it across your remaining payments, at AvenaCredit’s discretion, and you understand your monthly debit amount may vary as a result, although the total you pay does not increase.
- If you pay by Canadian bank account, you accept the Pre-Authorized Debit Agreement in Schedule C, you waive advance notice of changes to your debit amount, and you understand that cancelling the PAD does not cancel your Membership or reduce what you owe.
- You understand that renewal and continuation rules differ for Québec residents as described in Section 21.
- You understand that AvenaCredit may obtain your consumer credit file and may report eligible AvenaCredit account, payment plan, line-of-credit, rent and utility information to Equifax Canada as authorized.
- You understand that a payment remaining unsuccessful before the applicable month-end Reporting Cycle may be reported adversely and may affect your credit.
- You expressly consent that any Add-On Service you purchase may be added to your recurring monthly payment as described in Section 6, and that each Add-On Service requires your separate affirmative consent at the point of purchase.
- You understand that AvenaCredit does not guarantee any particular credit-score outcome.
Questions about this Agreement can be sent to info@avenacredit.com. See also our Privacy Policy and Equifax reporting consent.