EVERGREEN TERMS & CONDITIONS
- PURCHASE OF ADVERTISING SERVICES – This agreement will become a contract when signed by the Applicant (the Customer) and iNFOTEL MULTIMEDIA (the Vendor). This contract contains the entire agreement between the parties hereto for the products and services described therein and cannot be changed, altered or cancelled except by written agreement signed by all parties hereto. Neither party shall be bound by any oral agreements or special arrangements contrary to or in addition to the terms and conditions stated herein. No agent or employee has the authority to vary the terms of this agreement.
- CANCELLATION – The Customer agrees to pay the Vendor the amounts for Advertising as specified on the face of this agreement. This agreement can be cancelled without consequence within 10 working days from the date signed. Following the 10 day cancellation window, the term of this evergreen agreement is:
- Print Directory – a minimum twelve (12) consecutive months. Each renewal term is required and will be processed for the minimum twelve (12) consecutive months to accommodate the print directory. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice prior to the next renewal term date (the anniversary of signing).
- Online Only Directory – a minimum four (4) consecutive months. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice.
- Facebook Advertising – a minimum four (4) consecutive months. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice.
- Google Ads – a minimum four (4) consecutive months. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice.
- Homepage – a minimum four (4) consecutive months. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice.
- iNwine – a minimum four (4) consecutive months. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice.
- NINJAnow – a minimum four (4) consecutive months. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice.
- Social Media Management – a minimum four (4) consecutive months. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice.
- Website – a minimum twenty-four (24) consecutive months. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice.
- Ultimate Services Bundle – a minimum twenty-four (24) consecutive months. Cancellation of this evergreen agreement thereafter requires thirty (30) days’ written notice.
All cancellations must be received by iNFOTEL MULTIMEDIA in writing addressed to:
PO Box 1254, Vernon BC, V1T 6N6 or via email addressed to email@example.com.
- APPROVAL OF CREDIT – The Customer acknowledges that this agreement is strictly conditional upon the Vendor’s approval of the Customer’s credit. The Vendor may cancel the agreement if it deems, at its sole discretion, that the Customer’s credit is not satisfactory. The Customer therefore authorizes the Vendor to conduct all usual enquiries with third parties regarding the Customer’s solvency and credit, to record in the Customer’s file, and disclose to third parties information regarding the Customer’s credit.
- DEPOSITS AND REFUNDS – Deposits made in accordance with this contract are refundable only at the discretion of the Vendor. In the event the Vendor agrees to cancel this contract, any payments or deposits made by the Customer may, at the discretion of the Vendor, be applied to commissions, third party charges and administration costs. No refunds will be made until all charges for commissions, administration costs and any other charges incurred have been paid in full by the Customer.
- EVERGREEN RENEWAL – The agreement and the Advertising Services are automatically renewed for consecutive periods (each a “Renewal Period”) equal in length to the initial term (the “Initial Term”), unless the Customer gives the Vendor thirty (30) days written notice prior to the next renewal term date (the anniversary of signing).
- INCREASE OF FEES – The fees due pursuant to this agreement will be increased 5% annually by the Vendor following the initial twelve (12) month term for Directory and Website advertising in accordance with its standard practices. The Customer shall pay the Vendor the increased fees upon receipt of notice from the Vendor.
- COLLABORATION – The Vendor agrees to exercise responsible care that the information presented in the Advertising Campaign is correct and accurate based on information provided by the Customer prior to activation. Campaign information will be sent to the Customer to preview prior to activation for the purposes of making corrections as required, and for final approval. It is mutually understood that if no final approval is received by the Customer, the Advertising Campaign information and content shall be assumed to be correct.
- ERRORS AND OMISSIONS – The Customer agrees that the Vendor shall not be liable for errors or omissions in the Advertising Campaign content beyond the amount paid for the provision of the campaign to the date of discovery of the error or omission.
- SERVICE INTERRUPTION – In the event of a service interruption the Vendor shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, acts of war, fire, laws, proclamations, edits, rule changes by the provider, ordinances or regulations, riots, earthquakes, floods, explosions, or other acts of nature. The obligations and rights of the Vendor so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations hereunder shall resume. In the event the interruption of the Vendor’s obligation continues for a period in excess of thirty (30) days, either party shall have the right to terminate this agreement upon ten (10) days prior written notice to the other party.
- INTELLECTUAL PROPERTY – The Customer warrants they are the owner of, and entitled to use, or are duly authorized by the owner and entitled to use any copy, cuts, illustrations, trademarks, trade names, and other intellectual property which may appear in the campaign. The Customer agrees to defend and indemnify the Vendor from any and all claims, demands, suits, losses, damages and adjustments which may arise from or are claimed to arise from the use of such copy, cuts, illustrations, trademarks, trade names and other intellectual property, together with expenses including attorney fees and court costs incurred by the Vendor.
- THIRD PARTY CONTENT – The Customer acknowledges and agrees that the Vendor may aggregate, display and publish third party content related to the Customer, as well as publish the Customer’s content to third party partners of the Vendor. Further, the Customer acknowledges and agrees that the Vendor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in conjunction with third party content or the publishing of the Customer’s content to third party partners. The Customer releases the Vendor from all liability with respect to third party content of the publishing of client’s content to third party partners.
- PROPRIETARY INTEREST – The Customer agrees to assume sole responsibility to the protection of its proprietary interest in any Advertising Campaign content.
- EARLY TERMINATION – The Vendor may terminate this agreement or any portion of the services provided hereunder at any time, for any reason, by providing the customer thirty (30) days written notice. The Vendor shall reimburse all fees and other charges for services not rendered paid by the Customer. The sum is paid as liquidated and ascertained damages by the Vendor to the Customer as full and final settlement and satisfaction for the Vendor’s entire liability for any loss, damages, costs and/or expenses suffered or incurred by the Customer arising from an early termination. Unless terminated in accordance with the terms in section 2, the Customer may not unilaterally terminate this agreement.
- LATE CHARGES – A late charge of 2% per month and/or the highest contract rate allowed by law will be charged on any balance unpaid as of the due date. If the Customer defaults in paying when due, the Vendor may, at its option declare all outstanding charges due and payable, along with any reasonable attorney fees, court costs, and other reasonable expenses incurred if it becomes necessary to exert these means to affect collection.
- SALE OF BUSINESS – If the Customer sells or assigns their business then the contract will be considered part of the sale and/or assignment and the amount of monies remaining due on the contract shall be paid out of the proceeds of the sale. The Customer also agrees that any expenses incurred including reasonable attorney fees, court costs, and other costs incurred by the Vendor to enforce the terms of this agreement or in the collection process be added to become part of the amount due.
- CLAIMS OF LOSS – The customer will not be entitled to claim, directly or indirectly loss, damage or expense of any nature or kind whatsoever or any other form of compensation from the Vendor whether such a claim is based on a cause of action in tort or in contract (including but not limited to fundamental breach of contract) arising from or related to the performance or non-performance of any of the Vendor’s obligations hereunder.
- MODIFICATIONS TO THIS CONTRACT BY THE VENDOR – The Customer acknowledges that the Vendor may, from time to time, update these Terms and Conditions and the Advertising Services. The Vendor may modify the Advertising Services if said modification is to the advantage of the client or such modification does not substantially affect the rights and obligations of the client. The client is bound by any such modifications from the moment the client receives notice to that effect. The current version of the Terms and Conditions can be found at www.infotelmultimedia.ca or be obtained by calling 1-800-599-5399.