Terms of Use
Welcome to our website. If you continue to browse and use this
website you are agreeing to comply with and be bound by the following
terms and conditions of use, which together with our privacy policy
govern 411 WebConnect's relationship with you in relation to this
website.
The term '411 WebConnect' or 'us' or 'we' refers to the owner of
the website whose registered office is 211 Place d'Youville, suite 316,
Montreal, Quebec, H2Y 2B3. The term 'you' refers to the user or viewer
of our
website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general
information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee
as to the accuracy, timeliness, performance, completeness or
suitability of the information and materials found or offered on this
website for any particular purpose. You acknowledge that such
information and materials may contain inaccuracies or errors and we
expressly exclude liability for any such inaccuracies or errors to the
fullest extent permitted by law.
- Your use of any information or materials on this website is
entirely at your own risk, for which we shall not be liable. It shall
be your own responsibility to ensure that any products, services or
information available through this website meet your specific
requirements.
- This website contains material which is owned by or licensed to us.
This material includes, but is not limited to, the design, layout,
look, appearance and graphics. Reproduction is prohibited other than in
accordance with the copyright notice, which forms part of these terms
and conditions.
- All trade marks reproduced in this website which are not the
property of, or licensed to, the operator are acknowledged on the
website.
- Unauthorised use of this website may give rise to a claim for
damages and/or be a criminal offence.
- This website includes links to other
websites. These links are provided for your convenience to provide
further information. They do not signify that we endorse the
website(s). We have no responsibility for the content of the linked
website(s).
- Your use of this website and any dispute arising out of such use of
the website is subject to the laws of Canada and Quebec.
Standard Terms and Conditions of Agreement for
Advertising
The following terms and conditions (the "Standard Terms") shall be
deemed to be incorporated into the Order Contract (the "Agreement").
1. Terms of Payment. Client agrees to pay 411 WebConnect Inc. in
the manner set forth in the Agreement forthwith upon receipt of the
invoice. Currency will be determined by the geographic location of the
client based on their IP address. Overdue payments shall bear interest
at the rate of 2 percent (2%) per month which is equivalent to
twenty-four percent (24%) per year (or the highest rate permitted by
law, if less). In the event of any failure by Client to make payment,
Client will be responsible for all expenses (including legal fees)
incurred by 411 WebConnect Inc in collecting such amount. All amounts
paid by Client but not otherwise delivered by 411 WebConnect Inc in
accordance with the terms of this Agreement shall be credited in favor
of the Client and applied against the Client's next advertising campaign
order as more particularly set out in section 3 of this Agreement. In
accordance with the law, clients may cancel their order within 10 days
of the date of order and will be refunded in total if payment has
already been issued.
2. Placement and Positioning. Except as otherwise expressly
provided in the Agreement and the Standard Terms, website placement and
positioning of advertisements within such websites or on any page of
such websites by 411 WebConnect Inc, as agent for website owners, is at
the sole discretion of 411 WebConnect Inc and the applicable website
owner. Client acknowledges that 411 WebConnect Inc has not made any
guarantees with respect to usage statistics or levels of impressions for
any advertisement. 411 WebConnect Inc agrees to provide Client with
estimated usage statistics based solely on historical usage statistics
and shall not be held liable for any claims relating to such usage
statistics. 411 WebConnect Inc makes no representations or warranties as
to the results that may be obtained from the placement and positioning
of a Client's advertisement.
3. Limitation of Liability. In the event that 411 WebConnect Inc fails
to cause an advertisement to be published in accordance with the
Agreement and the Standard Terms (or in the event of any other failure,
technical or otherwise, of such advertisement to appear as provided in
the Agreement), the sole liability of 411 WebConnect Inc and the website
owners and their respective directors, officers, employees, agents and
representatives to Client shall be limited to a credit of the unused
portion of the advertising fee or a comparable placement of the
advertisement at a later time. In no event shall 411 WebConnect Inc nor
the website owners and their respective directors, officers, employees,
agents and representatives be responsible for any direct, indirect,
incidental, special, consequential, lost profits or other damages
arising from any failure to timely publish any advertisement in
accordance with the Agreement or the rejection or cancellation of this
contract and/or any advertisement. These limitations apply regardless of
whether 411 WebConnect Inc or any website owner was advised, had other
reason to know, or in fact knew of the possibility of such damages.
4. Without limiting the foregoing, 411 WebConnect Inc Terms of Use
Welcome to our website. If you continue to browse and use this website
you are agreeing to comply with and be bound by the following terms and
conditions of use, which together with our privacy policy govern 411
WebConnect's relationship with you in relation to this website.
The term '411 WebConnect' or 'us' or 'we' refers to the owner of the
website whose registered office is 211 Place d'Youville, suite 316,
Montreal, Quebec, H2Y 2B3. The term 'you' refers to the user or viewer
of our website.
The use of this website is subject to the following terms of use:
* The content of the pages of this website is for your general
information and use only. It is subject to change without notice.
* Neither we nor any third parties provide any warranty or guarantee
as to the accuracy, timeliness, performance, completeness or
suitability of the information and materials found or offered on this
website for any particular purpose. You acknowledge that such
information and materials may contain inaccuracies or errors and we
expressly exclude liability for any such inaccuracies or errors to the
fullest extent permitted by law.
* Your use of any information or materials on this website is
entirely at your own risk, for which we shall not be liable. It shall be
your own responsibility to ensure that any products, services or
information available through this website meet your specific
requirements.
* This website contains material which is owned by or licensed to
us. This material includes, but is not limited to, the design, layout,
look, appearance and graphics. Reproduction is prohibited other than in
accordance with the copyright notice, which forms part of these terms
and conditions.
* All trade marks reproduced in this website which are not the
property of, or licensed to, the operator are acknowledged on the
website.
* Unauthorised use of this website may give rise to a claim for
damages and/or be a criminal offence.
* This website includes links to other websites. These links are
provided for your convenience to provide further information. They do
not signify that we endorse the website(s). We have no responsibility
for the content of the linked website(s).
* Your use of this website and any dispute arising out of such use
of the website is subject to the laws of Canada and Quebec.
Standard Terms and Conditions of Agreement for Advertising
The following terms and conditions (the "Standard Terms") shall be
deemed to be incorporated into the Order Contract (the "Agreement").
1. Terms of Payment. Client agrees to pay 411 WebConnect Inc. in the
manner set forth in the Agreement forthwith upon receipt of the invoice.
Currency will be determined by the geographic location of the client
based on their IP address. Overdue payments shall bear interest at the
rate of 2 percent (2%) per month which is equivalent to twenty-four
percent (24%) per year (or the highest rate permitted by law, if less).
In the event of any failure by Client to make payment, Client will be
responsible for all expenses (including legal fees) incurred by 411
WebConnect Inc in collecting such amount. All amounts paid by Client but
not otherwise delivered by 411 WebConnect Inc in accordance with the
terms of this Agreement shall be credited in favor of the Client and
applied against the Client's next advertising campaign order as more
particularly set out in section 3 of this Agreement. In accordance with
the law, clients may cancel their order within 10 days of the date of
order and will be refunded in total if payment has already been issued.
2. Placement and Positioning. Except as otherwise expressly provided in
the Agreement and the Standard Terms, website placement and positioning
of advertisements within such websites or on any page of such websites
by 411 WebConnect Inc, as agent for website owners, is at the sole
discretion of 411 WebConnect Inc and the applicable website owner.
Client acknowledges that 411 WebConnect Inc has not made any guarantees
with respect to usage statistics or levels of impressions for any
advertisement. 411 WebConnect Inc agrees to provide Client with
estimated usage statistics based solely on historical usage statistics
and shall not be held liable for any claims relating to such usage
statistics. 411 WebConnect Inc makes no representations or warranties as
to the results that may be obtained from the placement and positioning
of a Client's advertisement.
3. Limitation of Liability. In the event that 411 WebConnect Inc fails
to cause an advertisement to be published in accordance with the
Agreement and the Standard Terms (or in the event of any other failure,
technical or otherwise, of such advertisement to appear as provided in
the Agreement), the sole liability of 411 WebConnect Inc and the website
owners and their respective directors, officers, employees, agents and
representatives to Client shall be limited to a credit of the unused
portion of the advertising fee or a comparable placement of the
advertisement at a later time. In no event shall 411 WebConnect Inc nor
the website owners and their respective directors, officers, employees,
agents and representatives be responsible for any direct, indirect,
incidental, special, consequential, lost profits or other damages
arising from any failure to timely publish any advertisement in
accordance with the Agreement or the rejection or cancellation of this
contract and/or any advertisement. These limitations apply regardless of
whether 411 WebConnect Inc or any website owner was advised, had other
reason to know, or in fact knew of the possibility of such damages.
4. Without limiting the foregoing, 411 WebConnect Inc and the website
owners and their respective directors, officers, employees, agents and
representatives shall have no liability for any failure or delay
resulting from any Internet outage, third party suppliers, governmental
action, fire, flood, insurrection, earthquake, power failure, riot,
explosion, embargo, strikes (whether legal or illegal), labour or
material shortage, transportation interruption of any kind, work
slowdown, or any other condition beyond the control of 411 WebConnect
Inc or the website owners affecting production or delivery in any
manner. 411 WebConnect Inc shall have no liability to Client or others
in regard to any content on any website which may considered to be
libelous, slanderous, defamatory, obscene, pornographic, abusive, or
otherwise offensive, objectionable or unlawful, including, without
limitation, any advertisement content or transmissions constituting or
encouraging conduct that would constitute a criminal offence, give rise
to civil liability, invade any third person's right to privacy, infringe
the intellectual property rights of any third party or otherwise fail
to comply with any applicable statutes, laws, regulations or court
orders. In the event of any breach of the Agreement or any of the
Standard Terms by 411 WebConnect Inc, 411 WebConnect Inc shall only be
liable to the Client for an amount equal to the lesser of the direct
damages actually suffered by the Client as a result of such breach.
5. Client's Representations and Indemnification. Advertisements are
accepted upon the representation to 411 WebConnect Inc that the Client
has all necessary rights to publish the contents of the advertisement,
without infringement of any rights of any third party. In consideration
of such publication, Client agrees to indemnify and hold 411 WebConnect
Inc and the website owners and each of their respective directors,
officers, employees, agents and representatives harmless against any and
all expenses and losses of any kind (including legal fees and costs)
incurred by 411 WebConnect Inc and the website owners and each of their
respective directors, officers, employees, agents and representatives in
connection with any claims of any kind (including, without limitation,
any claim of trademark or copyright infringement, libel, defamation,
breach of confidentiality, false or deceptive advertising or sales
practices or other violation of any law) and/or any material of Client
to which users can link through the advertisement.
6. Provision of Advertising Materials. Client agrees to provide all
materials and related information for the advertisement required by 411
WebConnect Inc and the applicable website owner(s) in which the
advertisement is placed. Such materials and information shall include
the technical specifications, creative and dimensions for the
advertisement as set out in the Agreement and those materials set out in
each of 411 WebConnect and the website owner's policies in effect from
time to time, including, without limitation, the manner of transmission
to 411 WebConnect Inc and/or the website owner and the time frame
required to publish the advertisement. 411 WebConnect Inc and the
website owners are not required to publish any advertisement that is not
received in accordance with such policies. Neither 411 WebConnect Inc
nor the website owner shall be obligated to return to Client any of
Client's advertising materials provided hereunder.
7. Right to Reject and Cancel Advertisement. All contents of
advertisements are subject to the approval of 411 WebConnect Inc and/or
the applicable website owner(s) in which the advertisement is placed.
411 WebConnect Inc and the said website owner(s) reserves the right to
reject or cancel any advertisement, agreement, placement reservation or
position commitment at any time, at its sole discretion. Client
acknowledges that 411 WebConnect Inc will comply
with any and all conditions and restrictions of the website owner,
including those related to the identification of any advertisement as an
"Advertisement", such as may be the case for children's website.
8. No Assignment or Resale of Ad Space. Client may not resell, assign or
transfer any of its rights hereunder, and any attempt to resell, assign
or transfer such rights shall result in immediate termination of this
contract, without liability on the part of 411 WebConnect Inc or the
website owner(s).
9. Miscellaneous. The Standard Terms, together with the Agreement, (i)
shall be governed by applicable therein and each party irrevocably
agrees to the exclusive jurisdiction of the courts of Quebec to settle
any dispute arising under the Standard Terms and/or the Agreement; (ii)
may be amended only by a written agreement executed by an authorized
representative of each party; (iii) constitute the entire agreement
between the parties with respect to the subject matter hereof and
supersedes any and all prior agreements, understandings, negotiations
and discussions, whether written or oral, between the parties; and (iv)
shall be binding upon and inure to the benefit of each of the parties
hereto and their respective successors and permitted assigns.
10. Termination. 411 WebConnect Inc may terminate this Agreement for any
reason whatsoever with 5 days written notice.
11. Reporting. Click counts, tracking and reporting for invoice purposes
are based on 411 WebConnect. Advertiser can request traffic and click
reports at anytime during the campaign unless 411 WebConnect Inc
provides a campaign login for advertisers to access real-time
reporting.and the website owners and their respective directors,
officers, employees, agents and representatives shall have no liability
for any failure or delay resulting from any Internet outage, third party
suppliers, governmental action, fire, flood, insurrection, earthquake,
power failure, riot, explosion, embargo, strikes (whether legal or
illegal), labour or material shortage, transportation interruption of
any kind, work slowdown, or any other condition beyond the control of
411 WebConnect Inc or the website owners affecting production or
delivery in any manner. 411 WebConnect Inc shall have no liability to
Client or others in regard to any content on any website which may
considered to be libelous, slanderous, defamatory, obscene,
pornographic, abusive, or otherwise offensive, objectionable or
unlawful, including, without limitation, any advertisement content or
transmissions constituting or encouraging conduct that would constitute a
criminal offence, give rise to civil liability, invade any third
person's right to privacy, infringe the intellectual property rights of
any third party or otherwise fail to comply with any applicable
statutes, laws, regulations or court orders. In the event of any breach
of the Agreement or any of the Standard Terms by 411 WebConnect Inc, 411
WebConnect Inc shall only be liable to the Client for an amount equal
to the lesser of the direct damages actually suffered by the Client as a
result of such breach.
5. Client's Representations and Indemnification. Advertisements are
accepted upon the representation to 411 WebConnect Inc that the Client
has all necessary rights to publish the contents of the advertisement,
without infringement of any rights of any third party. In consideration
of such publication, Client agrees to indemnify and hold 411 WebConnect
Inc and the website owners and each of their respective directors,
officers, employees, agents and representatives harmless against any and
all expenses and losses of any kind (including legal fees and costs)
incurred by 411 WebConnect Inc and the website owners and each of their
respective directors, officers, employees, agents and representatives in
connection with any claims of any kind (including, without limitation,
any claim of trademark or copyright infringement, libel, defamation,
breach of confidentiality, false or deceptive advertising or sales
practices or other violation of any law) and/or any material of Client
to which users can link through the advertisement.
6. Provision of Advertising Materials. Client agrees to provide all
materials and related information for the advertisement required by 411
WebConnect Inc and the applicable website owner(s) in which the
advertisement is placed. Such materials and information shall include
the technical specifications, creative and dimensions for the
advertisement as set out in the Agreement and those materials set out in
each of 411 WebConnect and the website owner's policies in effect from
time to time, including, without limitation, the manner of transmission
to 411 WebConnect Inc and/or the website owner and the time frame
required to publish the advertisement. 411 WebConnect Inc and the
website owners are not required to publish any advertisement that is not
received in accordance with such policies. Neither 411 WebConnect Inc
nor the website owner shall be obligated to return to Client any of
Client's advertising materials provided hereunder.
7. Right to Reject and Cancel Advertisement. All contents of
advertisements are subject to the approval of 411 WebConnect Inc and/or
the applicable website owner(s) in which the advertisement is placed.
411 WebConnect Inc and the said website owner(s) reserves the right to
reject or cancel any advertisement, agreement, placement reservation or
position commitment at any time, at its sole discretion. Client
acknowledges that 411 WebConnect Inc will comply
with any and all conditions and restrictions of the website owner,
including those related to the identification of any advertisement as an
"Advertisement", such as may be the case for children's website.
8. No Assignment or Resale of Ad Space. Client may not resell,
assign or transfer any of its rights hereunder, and any attempt to
resell, assign or transfer such rights shall result in immediate
termination of this contract, without liability on the part of 411
WebConnect Inc or the website owner(s).
9. Miscellaneous. The Standard Terms, together with the Agreement, (i)
shall be governed by applicable therein and each party irrevocably
agrees to the exclusive jurisdiction of the courts of Quebec to settle
any dispute arising under the Standard Terms and/or the Agreement; (ii)
may be amended only by a written agreement executed by an authorized
representative of each party; (iii) constitute the entire agreement
between the parties with respect to the subject matter hereof and
supersedes any and all prior agreements, understandings, negotiations
and discussions, whether written or oral, between the parties; and (iv)
shall be binding upon and inure to the benefit of each of the parties
hereto and their respective successors and permitted assigns.
10. Termination. 411 WebConnect Inc may terminate this Agreement
for any reason whatsoever with 5 days written notice.
11. Reporting. Click counts, tracking and reporting for invoice purposes
are based on 411 WebConnect. Advertiser can request traffic and click
reports at anytime during the campaign unless 411 WebConnect Inc
provides a campaign login for advertisers to access real-time reporting.