Terms & Conditions
In
considerations of the mutual promises stated in this Contract, we agree with
you as follows:
1. Definitions: In this
Contract, please remember that, “we”, “our” and “us” mean the Client; and “you”
and “your” mean CALL4PCHELP Inc.
Please
also remember that in this Contract and the Disclosure Statement,
“Account” means the CALL4PCHELP
Inc. any account you have opened in the Client’s name to which all transactions
will be recorded;
“Account Statement” means
your written statement of the Account that you prepare for the Client on the
first of the month [the period covered by each Account Statement will vary
between 28 to 31 days];
“Client” means the customer who
has signed the Service Order Authorization as the Client;
“Application”
Means the request made to you for the Account;
“Disclosure Statement” means
your written statement of the Interest Rate, service fees and other charges for
the Account;
“Over Due Interest Penalties” meaning
the annual percentage rate of interest referred to in the Disclosure Statement
that is set out on each Invoice Statement;
“New Balance” means
the amount indicated as such on an Invoice Statement;
“Statement Date” means
the date indicated as such on an Invoice Statement;
2. General
Terms of Contract: This Contract and the Disclosure Statement apply to the
Account. This Contract replaces all
prior account Contracts between you and us for the Account.
If the
Service Order Authorization is signed, it will mean that we have received and
read this Contract and the Disclosure Statement. It will also mean that we have understood and
agree with you to everything written here and in the Disclosure Statement.
3. Account
Activation:
(a) You will activate an account for the Client
after we have signed the Service Order Authorization form.
(b) You will automatic charge over due interest
penalties to the account after 30 days from the date an invoice is issued as
outlined in the Disclosure Statement.
You will continue in this way until we have paid the account in full.
4. Account
Retainer: We may add additional funds to the account with the
understanding that interest will not be paid on any positive balance.
5. Account
Termination: If the Client wants you
to cancel an account for any reason, the Client must tell you to do so by
calling 905-738-0800.
6. Changes
to Contract: You may change this periodically. We will be given notice of any rate changes
at time of service scheduling. If we
continue to use your services, it will mean that we have agreed to the change.
7. Termination:
a) You may terminate this Contract at once
without giving us any notice, if
(i) we fail or refuse to pay off our account
(ii) we disagree with any changes to the Contract
(iii) we are in breach of our Contract
(iv) the Client ceases or gives official notice
of its intention to cease to carry on business
(b) Upon termination of this Contract, we must
pay the balance of the account to you in full within 30 days
8. Invoice
Verification: We must examine promptly all Invoice Statements and each entry
and balance recorded in them.
We must
notify you in writing of any errors, omissions or objections to an Invoice
Statement, or an entry or balance recorded in it, within 15 days from the
Statement Date recorded on that Invoicing Statement. If we do not notify you as required, you are
entitled to treat the above Invoice Statement, entries and balances as
complete, correct and binding on us and you will be released from all claims by
us in respect of those Invoice Statements, entries and balances.
9. *Service
Guarantee: We will promptly inform you of any problems related to a work
order within 48 hours after the completion of service. You will take the necessary measures to
correct the issue(s) related to the work order free of charge. We understand that if you do not hear from us
after 48 hours you will consider the work order successfully completed. The work order will then be closed and you
will be free from all and any liability or responsibility for the service.
*Note –
No warranty on viruses, adware / spyware issues.
10. Collection
and Use of Information: From time to time,
(a) You may collect information about us from
us;
(b) You may use information as follow;
You may use it for any purpose related
to the provision to us of services we request from you. You may also give it to
anyone who works with or for you, but only as needed for the provision of those
services
(c) You may also use Information for the
following purposes:
(i) You may use it to promote your services to
us. You may also add it to client lists
you prepare and use for this purpose,
(ii) You may share it with other members of CALL4PCHELP
Inc. (where the law allows this) so that they may promote their services to us
We may tell you to stop using Information
in the ways described in sub-section 10. (c) At any time by contacting your
company by calling 905-738-0800.
You acknowledge that the use of Information
in the ways described in sub-section 10. (c) is at our option and that we will
not be refused service just because we have told you to stop using it in those
ways.
If we are no longer your client or this
Contract terminates, you may keep information in your records so long as it is
needed.
11.
Language: We and
you have expressly requested that this Contract and all related documents,
including notices, be drawn up in the English language.
12.
Any work that involves performing work on a
server or an application that impacts 2 or more users that resides on the
server is considered billable at the server rate.
13.
Miscellaneous
Charges: For
outstanding balances in excess of 30 days.
Monthly
Interest: 2.0%
Monthly
Account Administration Fee: $25
Re-issuing
Account Statement: $30
NSF/Bounce
Cheque Penalty Fee: $50
CONFIDENTIALITY DISCLOSURE STATEMENT
1. No Use: Account agrees to maintain the data in strict confidence and, save as provided herein, not to sell or market any of Client's data to any third party.
2. No Disclosure: If Client authorizes access to data for the purpose of allowing Account to assist in the restoration process, agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person other than Account's employees having a need for disclosure in connection with Client's authorized access of the Confidential Information.
3. Protection of Secrecy: Account agrees to take all steps reasonably necessary to protect the secrecy of the Confidential Information, and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons.
4. Encryption: The Confidential Information that Client transmits to Account is encrypted, to the best of Provider's knowledge, are secure Provider has no special knowledge of the encryption process and does not possess any means of access to the encrypted data.
5. Limits on Confidential Information: Account shall have no obligation with respect to such information where the information is ordered to be publicly release by the requirement of a government agency.
6. Ownership of Confidential Information: Account agrees that all Confidential Information shall remain the property of Client, and that Client may use such Confidential Information for any purpose without obligation to Account. Nothing contained herein shall be construed as granting or implying any transfer of rights to Provider in the Confidential Information, or any patents or other intellectual property protecting or relating to the Confidential Information.
7. Limitations on Liability. Not withstanding any other provision of this agreement, any liability to you involving Call4pchelp Inc., for any cause whatsoever arising out of or related to his Agreement and/or your account with Call4pchelp Inc. and regardless of the form of the action, will at all times be limited to the amount yearly dues paid by you for the services incurred. In no event will there be any liability to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages.