Specific Free Trial Terms: The products provided in this free trial are self-serve. You will not be able to maintain or download data at the end of the free trial. Products subject to Vendasta’s terms of service. No outcomes are guaranteed. You use the free trial products at your own risk on an as-is basis. You shall have no claim against Directwest under contract, tort, legislation, or any other theory and you agree to indemnify Directwest for any claims so made.
Terms and Conditions for Products and Services. Your use of the products and services described on the front page of Company’s Confirmation letter to you to which these Terms and Conditions are attached is the agreement constitute a binding contract between you or your company (“Applicant”) and Directwest (the “Company”) with regards to your use of the products or services (collectively referred to as “Services”), provided by the Company or its agents, third party vendors or dealers.
The Applicant represents to the Company that it is listed on the front page of this Agreement or the authorized agent of the Applicant and is authorized to enter into this Agreement on behalf of the Applicant.
The Applicant represents that it is duly authorized to advertise business or service and to use and publish all intellectual property associated with the Service, including all trademark, brand names, photographs, advertising copy or illustrations. The Applicant understands that the Company will not be responsible for protecting any rights that the Applicant may have in the trademarks, trade names, photographs, or materials contained in any it’s Services the Applicant purchases from the Company. The Applicant is solely responsible for complying with advertising standards, requirements or restrictions imposed by regulatory authority and with the rules and regulations applicable to the Applicant’s trade, business or profession. No other Agreements, verbal or otherwise, outside of this Agreement are applicable to the Services.
Request and Acceptance. The Applicant requests that the Company carry out the Services requested on this Agreement by the Company, its agents or third-party vendors. The Company reserves the right to reject any advertising material for any reason, including, but not limited to, material that does not conform to the advertising guidelines of the Company or that is considered offensive or of poor quality.
The Applicant acknowledges that the utilization of the Services requires services provided by third party vendors. Such Services are, among others, internet connectivity and telecommunication carrier services. The Company is not liable to the Applicant regarding Service availability for faults or disruptions to the Service caused by any of the following: The Applicant failing to comply with this Agreement or any rules applicable to the Services established by the Company or its agent or third-party suppliers, A fault in, or any other problem associated with equipment, software or any service supplied by the Applicant or, services provided by third party suppliers other than the Company, any event of Force Majeure or during a planned outage of the Services.
Force Majeure. If the Company is unable to provide the Services in whole or in part by reason of any circumstances beyond the Company’s control, including but not limited to acts of God, labour strikes or other labour disruptions, power surges or failure, the act or omission of any third party, the Company shall be excused provided that the Company uses reasonable efforts to remove any such causes of nonperformance.
Disclaimer of Warranty. The Services are provided on an “as is” “where is” basis without any warranty, express or implied.
Cancellations and Amendments. The Applicant agrees to keep the Services for the period (“Term”) outlined on the front of this Agreement. The Company incurs costs to fulfill on your purchase and spreads these costs within our rates over the term of your committed purchase. The Applicant agrees to pay these rates through the committed term. The Applicant agrees that this Agreement will automatically renew (the “Renewal Term”), including applicable rate adjustments, at the end of the Term unless the Applicant notifies the Company in writing, by facsimile, or by e-mail of the Applicant’s desire not to renew this Agreement. The Renewal Term will be for the same length of time as the original Term of this Agreement and will include all monthly charges. Some free product and/or service trials have an expiry date and may be stopped once that date has been met.
No cancellation or amendment of all or any part of this Agreement will be effective unless the Company, in its sole discretion, consents in writing to such cancellation or amendments. The Company reserves the right to terminate this Agreement without advance notice. Any charges, paid in advance, may be refunded to the Applicant on a pro-rated basis.
Payment and Fees. The Applicant agrees to pay the Charges as set out in this Agreement, as well as any future Charges applicable during the Renewal Term. Unless otherwise agreed to by the Applicant and the Company, the Applicant will be billed monthly on their SaskTel phone bill for the full period of the Term.
Most charges associated with the SaskTel Phonebook are billed for 12 consecutive months. Some digital enhanced products have a shorter life cycle and can be sold for 3 or 6 months or as a condensed term and may be billed as such. The SaskTel Phonebook is an annual publication, and as such, any additions, removals or changes for the upcoming issue must be made prior to the corresponding advertising deadline or close date. If the Applicant fails to request additions, removals or changes within a timely manner prior to the advertising deadline, the agreement will automatically renew in its current state, including applicable rate adjustments. The Applicant must provide the Company with written notice of any disputed charges within 45 days after the invoice date listed on the bill for the disputed Services or the Applicant is deemed to have waived its right to dispute charges.
All overdue amounts shall bear interest in accordance with the SaskTel Terms of Service applicable to tariffed telecommunications services. In the event the telephone service to the Applicant is cancelled or the Applicant fails to make any payments as they become due, the Company may, at their option, accelerate the monthly payments due hereunder and the Company may forthwith demand immediate payment of the total amount remaining to be paid. For customers purchasing social programs posting on your behalf may be stopped. The Company reserves the right to request SaskTel to discontinue telecommunications service to the Applicant for any charges that are thirty (30) days or more in arrears. The Applicant acknowledges that SaskTel shall have the right to terminate telecommunications service to the Applicant if any charges become thirty (30) days or more in arrears.
No payments for Services covered by this Agreement are to be made to the Company sales consultant with whom the Applicant has worked regarding the Services.
The Applicant and the Company agree that it is the sole responsibility of the Applicant to contact the appropriate SaskTel business office or other telephone service provider if the Applicant desires to change its name, address, and telephone number. If an Applicant changes its name, address, or telephone number as provided herein, the Company shall automatically transfer the Charges from the account for the former name, address, or telephone number to the account for the new name, address, or telephone number; however, the Applicant shall remain bound to these Conditions of Contract. Any advertising charges will transfer along with ownership of the telephone number. The Applicant agrees that the Agreement is subject to the SaskTel Non-Tariffed Terms of Service as set forth in SaskTel’s Non-Tariffed Products and Services document as amended from time to time and available for public inspection in SaskTel’s business offices or its website at www.sasktel.com.
Copy and Content. Copyright in any Service prepared or provided by the Company, at the request of the Applicant that is directory advertising or web design, shall remain the property of the Company. The Company reserves the right, in its sole discretion, to edit all advertising copy and designs in whatever medium for style, editorial tone, and conformity to the Company policies. The Applicant is responsible for providing the Company with advertising copy and/or material within a timely manner.
A proof of the requested Service may be provided to the Applicant. When a proof is sent to the Applicant and is not returned to the Company within the time set forth on such proof, the Applicant agrees that such proof may be treated by the Company as accurate and the Company may continue as set out in said proof.
Although the Company endeavors to provide a good example of color to each Applicant, colors shown are examples only and may differ slightly from colors as reproduced in various platforms.
The Applicant agrees that Company cannot guarantee exact placement or positioning of the advertising across various platforms.
Web Services. Uptime. The Company provides 99% uptime per calendar year excluding planned outages, equipment or service provided by the client, labour disputes, power surges or outages, a third-party product or service or an act of God. The Company does not provide refunds for services should that uptime not be met. The applicant will not seek damages for loss of business. Services are provided based on the applicant’s agreement that the maximum claim for any damages is limited to monies paid to the Company for the month/s the site was impacted within that calendar year.
Ownership of Website and Applicant Content. The Applicant understands that all files, web pages, graphics and programming work, except those provided by themselves, are the property of the Company. The Applicant does not have the right to duplicate, resell or give away any programs created by the Company. Programs created by the Company may not be used on other websites. The Company will take no responsibility for ensuring material supplied by the Applicant has been authorized for reproduction. The Company maintains the right to place a small logo on the Applicant’s website which will link back to the Company’s website or mysask411. The Company also maintains the right to reproduce the Applicant’s website in our portfolio and in any marketing materials.
Extra Charges. In cases where work beyond normal business hours and turnaround is requested, a quote of additional fees will be provided and charged if agreed upon. The Applicant understands that work which is halted by the Applicant after a job has begun may be billed based on what has been completed to that time.
Takedown for Non-Payment. The Company reserves the right to remove any website content or hosting without notice if payment is unfulfilled. Should you choose to cancel your website a fee may be charged.
Hosting & Domains. Domain Name and Website Hosting contracts are charged out by the Company on an annual basis. Should an Applicant wish to transfer hosting of either a domain name or website to an alternative provider at any time, we would be happy to do so subject to the account being fully paid up to the date of the transfer request. The Company automatically renews all domain names as they expire, so should the Applicant not wish to renew a domain name then they must alert the Company 30 days prior the expiry of the existing contract. The same also applies to website hosting.
Libelous Material. The Applicant will not use the website to publish any material that may be construed as Defamatory, Offensive or Libelous to any other third party. The Applicant shall be solely responsible for the content of their website and agrees to indemnify the Company in respect of any claims.
Limitation of Liability. All Services provided may be used for lawful purposes only. The Applicant is solely and fully responsible for all content it supplies or creates in conjunction with its use of the Services.
The Company reserves the right to utilize third party contractors as required in the delivery of Services. By purchasing the Services the Applicant agrees that the Company, its affiliates and suppliers to the Company as well as their respective directors, officers, and employees will not be held liable for any direct, incidental, punitive, exemplary, aggravated, indirect, special or consequential damages or loss arising out of or in any way connected with use or inability to use the Services, including loss of profits, loss of data, failure to realize expected savings or loss of data, or any other economic loss of any kind, arising out of or based upon any cause of action whatsoever, whether in contract or tort (including negligence) or from or based upon any other legal or equitable theory.
The Applicant shall not cause or induce others, to steal, deface or destroy another person’s listing or advertising, directly or indirectly.
Personal Information The Company acknowledges that to the extent any information provided by the Applicant to the Company in conjunction with the providing of Services to the Applicant is personal information of the Applicant or customers of the Client, as that term is defined by The Freedom of Information and Protection of Privacy Act of Saskatchewan as amended from time to time, such information will be treated by the Company as the confidential information of the Applicant and Company will not use such information except in conjunction with providing the Services.
Governing Law This Agreement shall be interpreted in accordance with and governed in all respects by the laws of the province of Saskatchewan, Canada.