1. Agreement to terms
These Terms of Use (the “Terms”) are a binding agreement between you and Western Enterprises & Community United Ltd, a British Columbia corporation doing business as PayHold (also referred to as “PayHold,” “we,” “us,” or “our”), operating from British Columbia, Canada. PayHold is the brand name for the website at payhold.ca and related applications, portals, emails, and payment-hold services (collectively, the “Service”) offered to users throughout Canada. All rights and obligations under these Terms are those of Western Enterprises & Community United Ltd.
By accessing the Service, creating an escrow, funding an escrow, receiving portal access, or clicking to accept these Terms, you agree to be bound by:
- these Terms of Use;
- the Escrow Terms (when you start or take part in an escrow); and
- our Privacy Policy.
If you do not agree, do not use the Service. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes that entity.
2. Definitions
- “Customer” means the party depositing funds for a project (often a homeowner, property owner, or business client).
- “Contractor” means the party expected to perform work or supply services/goods under the project (often a trade, renovator, or service provider).
- “User” means any Customer, Contractor, or other person using the Service.
- “Escrow” or “Transaction” means a project payment-hold record created on the Service under a unique escrow identifier.
- “Hold Amount” means the project amount designated to be held for release under milestones or instructions (excluding fees, unless expressly stated).
- “Fees” means PayHold service fees, payment-processing charges, and any other amounts disclosed at funding.
- “Portal” means the secure link-based interface used to view status, release funds, request increases, or set payout details.
3. Nature of the Service — read carefully
3.1 Payment-hold facilitation. PayHold provides a technology platform that helps Customers and Contractors coordinate project payments by:
- recording escrow details, parties, and amounts;
- collecting funds via supported payment methods;
- tracking held versus released balances against milestones or release instructions; and
- facilitating payouts to Contractors after authorized release.
3.2 Not a bank, trust company, or licensed escrow agent. Unless we expressly state otherwise in writing, PayHold is not:
- a bank, credit union, or deposit-taking institution;
- a trust company;
- a government-licensed real-estate or securities escrow agent; or
- an insurer of your project, workmanship, or underlying contract.
Funds collected through card or bank debit are processed by third-party payment processors (including Stripe) and may settle to PayHold’s designated business or payment accounts. Manual methods (such as Interac e-Transfer or direct bank EFT) are sent to PayHold’s designated receiving accounts. PayHold then operates an internal hold and release ledger for your Transaction. Balances are not guaranteed to be held in a segregated statutory trust account, and are not insured by CDIC as personal bank deposits of the Customer or Contractor.
3.3 Not a party to your construction or service contract. PayHold does not draft, approve, or guarantee the underlying agreement between Customer and Contractor (scope, quality, timelines, warranties, liens, permits, or change orders). That agreement remains solely between those parties. PayHold’s role is limited to the Service and the Escrow Terms.
3.4 No legal, accounting, or tax advice. Content on the Service is for general information only. You are responsible for your own legal, tax, and accounting advice, including lien rights, holdback statutes, and invoicing.
4. Eligibility and service territory
4.1 Canada-wide service. The Service is offered to Customers and Contractors in all provinces and territories of Canada, including British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Québec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Yukon, Northwest Territories, and Nunavut, for projects located in Canada (unless we agree otherwise in writing).
4.2 Eligibility. You must:
- be at least the age of majority in your province or territory of residence;
- have legal capacity to enter contracts under the laws of your province or territory;
- use the Service only for lawful projects in Canada (or as we otherwise permit);
- if you are in Québec, acknowledge that you have been given the opportunity to review these Terms (and related documents) in English and that you have requested that they be drawn up in English (see Section 18); and
- provide accurate identifying and contact information, including a Canadian contact email for Transaction notices.
4.3 Local law still applies to your project. Construction, consumer, lien, holdback, and trust rules vary by province and territory. Using PayHold does not exempt you from those laws. We may refuse, suspend, or terminate access where we reasonably believe you are ineligible, high-risk, or in breach of these Terms, or where local law makes the Service unavailable for a given use.
5. Accounts, portals, and security
5.1 Portal access. Access to an Escrow may be provided by unique portal links or tokens sent to email addresses you supply. Anyone with a valid portal link may be able to take actions available to that role (Customer, Contractor, or owner). You must keep links confidential and notify us promptly at info@payhold.ca if you believe a link was compromised.
5.2 Accuracy. You are responsible for the accuracy of names, emails, phone numbers, project details, amounts, and payout information you submit. PayHold may rely on that information without independent verification.
5.3 Contractor payout profiles. Contractors may store payout preferences (for example Interac e-Transfer or EFT details) associated with email and/or phone. You represent that you are authorized to provide those details and that they are correct.
6. Acceptable use and prohibited activities
You must not use the Service to:
- engage in fraud, money laundering, terrorist financing, sanctions evasion, or other unlawful activity;
- misrepresent identity, project facts, or funding sources;
- process payments unrelated to a genuine Customer–Contractor project relationship;
- circumvent payment, fee, or security controls;
- interfere with the Service, scrape without permission, or introduce malware;
- harass, threaten, or abuse other Users or PayHold personnel; or
- violate any applicable law, including consumer protection, privacy, or anti-spam laws.
We may investigate and cooperate with law enforcement, payment networks, and financial institutions. We may freeze, reverse, or refuse transactions where we reasonably suspect risk or illegality.
7. Fees
Fees are disclosed on the funding flow and may include:
- PayHold service fee — currently 0.5% of the Hold Amount on funded Transactions (all payment methods), unless we state otherwise; and
- Payment processing — for card payments, charges approximating Stripe’s applicable rates (currently disclosed as 2.9% + $0.30 CAD for standard online domestic card processing, grossed up so processing cost is covered), plus any network or international costs that apply.
Unless stated otherwise, Fees are paid in addition to the Hold Amount (customer pays Fees on top). Service Fees are generally non-refundable once a Transaction is funded or payment processing has begun, except where required by law or where we agree in writing. Processing fees charged by Stripe or banks may be non-refundable. We may change Fees prospectively by updating the Service; the Fees shown at the time you confirm funding apply to that payment.
8. Payments and third-party processors
Supported methods may include credit/debit card, Canadian pre-authorized debit (PAD / ACSS), Interac e-Transfer, and direct bank EFT, subject to limits and availability. Card and PAD payments are processed by Stripe or similar providers under their terms. You authorize PayHold and its processors to charge or collect the total amount disclosed (Hold Amount plus Fees).
Manual methods require you to send the exact total and reference we provide. Funds are marked held only after PayHold confirms receipt and matching. Bank posting times are outside our control.
Chargebacks, payment disputes, NSF/returned debits, or reversed e-Transfers may result in suspension of releases, deduction from held balances, collection against you, and recovery of Fees, network fines, and reasonable costs. Initiating an improper chargeback after release of funds to a Contractor may constitute a material breach.
9. Electronic communications
You consent to receive agreements, notices, disclosures, and Transaction updates electronically (including email and portal notices). You agree that electronic acceptance (checkbox, click, portal action) has the same legal effect as a handwritten signature, to the extent permitted by applicable electronic commerce laws (including provincial electronic transactions legislation).
It is your responsibility to maintain a working email address and to review messages related to your Escrow.
10. Intellectual property
The Service, including software, design, logos, text, and trademarks (including PayHold™), is owned by PayHold or its licensors. You receive a limited, revocable, non-exclusive, non-transferable licence to use the Service for its intended purpose. You may not copy, reverse engineer, or exploit the Service except as allowed by law.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PAYHOLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT FUNDS WILL BE RELEASED ON ANY PARTICULAR DATE ABSENT A VALID RELEASE INSTRUCTION AND SUCCESSFUL PAYOUT RAILS.
We do not guarantee Contractor performance, Customer payment ability beyond funds actually collected and cleared, quality of work, code compliance, or lien-free completion.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- PayHold’s total aggregate liability arising out of or related to the Service or any Escrow shall not exceed the greater of (a) the PayHold service Fees actually paid to us for the specific Escrow giving rise to the claim, and (b) CAD $100; and
- PayHold shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, lost data, business interruption, or reputational harm, even if advised of the possibility.
Some jurisdictions do not allow certain limitations; in that case, our liability is limited to the maximum extent permitted. Nothing in these Terms excludes liability that cannot be excluded under applicable law (including fraud or fraudulent misrepresentation, or death/personal injury caused by negligence where such exclusion is prohibited).
13. Indemnity
You agree to defend, indemnify, and hold harmless PayHold and its directors, officers, employees, contractors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your Underlying Project Contract or disputes with another User; (c) your breach of these Terms or the Escrow Terms; (d) your violation of law; (e) inaccurate information or payout details you provide; or (f) chargebacks or payment reversals initiated by you or your bank.
14. Suspension and termination
We may suspend or terminate access to the Service or a Transaction immediately if we reasonably believe you breached these Terms, present fraud or compliance risk, or if required by a processor, bank, or law. Provisions that by nature should survive (including fees owed, disclaimers, limits of liability, indemnity, and governing law) survive termination.
15. Privacy
Personal information is handled as described in our Privacy Policy. By using the Service you acknowledge that processing is necessary to operate escrows, payments, communications, and compliance.
16. Dispute resolution with PayHold
16.1 Customer–Contractor disputes. Disputes about work quality, scope, delays, or the underlying contract are between Customer and Contractor. PayHold is not an arbitrator of construction quality. Hold and release rules are in the Escrow Terms.
16.2 Disputes with PayHold. Before filing a claim against PayHold, you agree to contact info@payhold.ca and attempt good-faith resolution for at least thirty (30) days. Subject to mandatory consumer rights that cannot be waived:
- these Terms are governed as set out in Section 17; and
- the courts of the Province of British Columbia, sitting in Vancouver (or another BC venue we designate), shall have exclusive jurisdiction over disputes with PayHold, except that: (i) either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, or fraud prevention; and (ii) if you are a consumer, mandatory laws of your province or territory of residence may give you the right to bring or defend claims in your home province or territory, and nothing in these Terms is intended to waive non-waivable consumer rights under those laws (including, where applicable, rights under Québec consumer protection legislation).
17. Governing law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles that would apply another province’s laws to the contract between you and PayHold.
Canada-wide users. If you reside or your project is located in another province or territory, mandatory local laws that cannot be varied by contract (including certain consumer, privacy, construction, or language rules) continue to apply to you as required by those laws. PayHold’s choice of BC law and venue is intended to provide a single contractual home for the platform relationship, not to strip you of non-waivable local protections.
18. General
Entire agreement. These Terms, the Escrow Terms (when applicable), and the Privacy Policy are the entire agreement between you and PayHold regarding the Service and supersede prior understandings on that subject.
Changes. We may update these Terms by posting a revised version with a new Effective date. Material changes affecting active funded Escrows will not retroactively reduce your vested rights in already-held Hold Amounts except as required by law or necessary for compliance. Continued use after the Effective date constitutes acceptance of changes for new activity.
Severability. If any provision is unenforceable, the remainder stays in effect.
No waiver. Failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms without our consent. We may assign to an affiliate or successor.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of banks, payment networks, Stripe, internet providers, labour disputes, or natural disasters.
Language. The parties have requested that these Terms and related documents be drawn up in English. Les parties ont exigé que la présente entente et les documents connexes soient rédigés en anglais. If we publish an official French version later, and there is a conflict for a Québec consumer where mandatory law so requires, the version required by that law will prevail for that consumer.
Export / sanctions. You represent you are not a sanctioned person and will not use the Service in violation of Canadian or other applicable sanctions laws (including measures administered by Global Affairs Canada or other Canadian authorities).
Time zone. Unless stated otherwise, operational deadlines and “business days” for PayHold platform actions are determined in the Pacific time zone (British Columbia), excluding statutory holidays observed in British Columbia, without limiting bank or payment-network cut-offs in other regions of Canada.
19. Contact
Western Enterprises & Community United Ltd
Doing business as PayHold
British Columbia, Canada
Email: info@payhold.ca
Website: https://payhold.ca
Serving Customers and Contractors across Canada
For legal notices, use the subject line “Legal Notice – Western Enterprises & Community United Ltd / PayHold” and send to the email above.
© 2026 Western Enterprises & Community United Ltd. PayHold™ is a brand of Western Enterprises & Community United Ltd. All rights reserved.