We love our visitors. We just want to have some rules and guildlines in place to make Canada Pages a safe and secure environment for all our visitors, and to let you know what is you can expect when you interact with us. Our Visitors and Customers who register with CANADA PAGES, order advertising products and services, or user our site to find Business and People information in Canada, must respect and agree with following terms and conditions.
CANADA PAGES agrees to sell its customers the online advertisement and customers agree to buy it. All the details about the annual fee are mentioned on the CANADA PAGES advertising sales Invoice. The Standard Terms and Conditions along with each sales invoice (Sales invoice acts as a purchase order) or Additional sales order are separately being referred to as the "Contract".
TERM OF CONTRACT
The contract is for the initial term of 12 months. Term of the contract will be automatically renewed after 12 months which lasts from the first date of execution unless the CANADA PAGES receives any written notice of non-renewal from the customer at least two months before the end of the initial term. CANADA PAGES will not accept any adjustment by customer when a term is set. The time duration of the contract can vary from 12 month to another time period and the monthly fee shall apply until the end of the revised term.
CANADA PAGES is completely authorized to remove the online advertisement from being online for any reason. In such case the contract of the customer will be terminated and will be repaid any amounts paid in advance. Moreover CANADA PAGES is authorized to remove a link, modify, resize, and abbreviate the advertisement.
Unless customer or CANADA PAGES gives to the other a written notice of non-renewal in writing at least two (2) months before the end of the Initial Term or any Renewal Period, the Contract will be automatically renewed.
CANADA PAGES will adjust the charges to the customer if their advertisement contains any error and is caused by the CANADA PAGES. Errors can be in the customer's name address or telephone number or in any other information contained in an Advertisement, any omission of advertisement, or inclusion of any Advertisement without the request of the customer. Charges will be adjusted in proportion the relative importance, if any, of such Errors to the overall Advertisement, as determined by CANADA PAGES, acting reasonably.
CUSTOMER IS RESPONSIBLE FOR ADVERTISEMENT
The customer agrees and guarantees that that customer is authorized to publish the Advertisement, and the advertisement is not violating any law and rule and holds permits or licences which may be necessary to publish the Advertisement in territory requested. The customer also guarantees that it has all the rights to use the trademarks and that this use does not contravene any provision of any law or statute, including the Trade-Marks Act, the Copyright Act and any other law or statute relating to intellectual property. The customer agrees to take responsibility for all damages and claims and expenses, including reasonable attorney fees and costs of investigation by third party, and agrees to indemnify and hold CANADA PAGES harmless. The customer agrees to pay fine and fees demanded by relevant authorities in the condition of any claim relating to the Advertisement, including infringement of any third party's intellectual property rights and other actions of customer which become cause of any other liability at law. Furthermore, when the Advertisement is created by the customer or one of its representatives, the customer acknowledges that CANADA PAGES shall not bear any liability with regards to the content, graphical norms or physical appearance of the Advertisement.
OWNERSHIP OF ADVERTISEMENT
The customer grants to CANADA PAGES a perpetual, nation-wide and free licence to use and reproduce in any manner whatsoever any intellectual property rights which it may own or for which it has a license for the purpose of being embodied in the Advertisement.
CANADA PAGES may, from time to time, unilaterally modify the Contract if such modifications do not substantially affect the rights and obligations of the customer. Customers will agree to all such from the moment he is informed thereof.
TRANSFER OR ASSIGNMENT
CANADA PAGES do not permit to the customer to transfer or assign the Contract without prior written consent.
TERMS OF PAYMENT
Fee will be paid by the customer according to the CANADA PAGES sales Invoice with no adjustments and compensations. Customer undertakes to pay on time without compensation, and notwithstanding any dispute related to the Advertisement or any claim the customer may allegedly have against CANADA PAGES, the lump sum fee or the annual fee indicated on the Sales Invoice.
INCREASE OF FEE
CANADA PAGES may increase the fee mentioned on the Sales Invoice annually in accordance with its standard practices. Customers agree to pay according to the terms set by CANADA PAGES. Moreover CANADA PAGES is authorized to modify, cancel, or change any rebate program or promotional offer regarding its products.
CANADA PAGES reserves its right to terminate the contract and remove customer’s advertisement in some conditions such as if customer is not paying its bills properly and fees are payable or in other case if the customer is not able to pay off the bill due to some bankruptcy or default. In any event of default, the customer will lose the benefit of the term and all sums owed to CANADA PAGES for the balance of the Initial Term or for any Renewal Period of the Contract will immediately become due and payable. The customer agrees to be responsible for the payment of expenses, including reasonable attorney fees and costs incurred by CANADA PAGES in connection with the recovery of any amounts due hereunder.
Customer has consent from CANADA PAGES to terminate the contract within 5 days of Initial Term. In case of cancellation after 5 days, customer will have to pay an Early Termination Fee. In other case if the cancellation is demanded after the initial 90 days period, the customer will pay complete advertisement payment. If a customer chooses to discontinue the service for the following year, customer should inform before the end of paid term about his cancellation otherwise they will be charged cancellation fee.
LIMITED LIABILITY OF CANADA PAGES
The liability of CANADA PAGES under the Contract is limited which is agreed by the customer under following terms:
a) notwithstanding paragraphs(b) and (c) hereunder, CANADA PAGES liability to the customer for any and all damages sustained by the customer for any Errors in any standard free listing will be limited to $15 for the period during which the listing appears in electronic directory of CANADA PAGES.
b) Any error which is not result of CANADA PAGES’ negligence, CANADA PAGES liability to the customer for any and all damages sustained by the customer will be limited to making a refund or canceling any charges associated with the specific Advertisement subject to the Errors for the period during which that Advertisement appears in electronic directory of CANADA PAGES.
c) for Errors caused by the fault, negligence or intentional conduct of CANADA PAGES, CANADA PAGES liability to the customer for any and all damages sustained by the customer will be limited to an amount equal to the lower of: (a) direct, actual and proven damages incurred by the customer directly as a result of CANADA PAGES error or (b) 1.5 times the charges associated with the specific Advertisement subject to the Errors for the period during which that Advertisement appears in electronic directory of CANADA PAGES.
Without limiting the generality of the foregoing, the customer agrees that CANADA PAGES shall in no circumstances be liable to the customer for any interruption or delay in the ability of members of the public to access any Advertisement of the customer in directory of CANADA PAGES. Instead of monetary compensation, the customer agrees that CANADA PAGES may compensate the customer for any damages sustained by the customer as a result of any Errors by giving to the customer a credit on outstanding amounts or a credit for current or future advertisements. The customer hereby acknowledges that the limitation of liability contained in this paragraph is equitable and reasonable in the commercial context of the Contract and that CANADA PAGES would not have concluded the Contract without the customer agreeing to limit its liability in the manner set forth herein.
NO GUARANTEE OF SUCCESS
Customer agrees that CANADA PAGES does not make any guarantee with regard to the success, derived benefits or responses that the customer may have following the publication of the Advertisement.
This section is only for individual customer. Customer acknowledges that all information provided to CANADA PAGES is correct. Customer agrees that the information would be used to manage the customer's file (credit, billing, collection) with regard to the application for advertisement. Moreover the customer's file will be accessible, when necessary, to employees or representatives of CANADA PAGES in the performance of their duties. The customer authorizes CANADA PAGES to include the customer's name, address and telephone number(s) on its nominative list of customers for purposes of marketing and to give this list to its contracting partners for the same purposes; the customer reserves the right to cancel such authorization at any time, upon a written or verbal request to CANADA PAGES.
The Contract is governed by the laws applicable in the Province of Ontario and the courts of the city of Toronto shall have sole jurisdiction over any dispute arising hereunder.
When this Contract is entered into in the Province of Ontario, no action, whether based in contract, tort (including any action based on negligence), or otherwise arising out of this Contract may be brought by the customer unless, within one (1) year after such cause of action arose, the customer gave notice in writing to CANADA PAGES of his intention to bring such action.
This Contract, together with any Purchase Order , sales invoices or Additional sales Orders, constitute the entire agreement between the parties pertaining to the subject matter of this Contract and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written of any of the parties in respect of the subject matter hereof. There are no conditions, representations, warranties or other agreements between the parties in connection with the subject matter of this Contract, whether oral or written, express or implied, statutory or otherwise, except as specifically set out in this Contract.
602 - 33 City Centre Drive
Mississauga, ON L5B 2N5