Terms & Conditions
- In this Service Agreement "you" and "your" refer to each customer. "We," "us," and "our" refer to NearYou.ca.
Terms of registration
- You may place your order to NearYou.ca via the Internet, telephone, facsimile or mail.
- Your order may not be changed or modified after it is submitted except Prior authorization by NearYou.ca. Your order may be modified if you submit written request signed by NearYou.ca authorities.
- The agreement will be valid for 12 months. Term of the contract will be automatically renewed after 12 months which lasts from the first date of execution unless the NearYou.ca receives any written notice of non-renewal from the customer at least two months before the end of the initial term.
- 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. NearYou.ca will not accept any adjustment by customer when a term is set.
- NearYou.ca allows its customers 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.
Terms of Payment
- Fee will be paid by the customer according to the NearYou.ca sales agreement.
- Customer agrees to pay on time without compensation or adjustment and agrees that he will not create any dispute related to the Advertisement or will not be eligible to claim against NearYou.ca.
- For any services that you have selected, you agree to pay us the applicable fees. All fees are non-refundable unless we provide otherwise.
- NearYou.ca 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 NearYou.ca.
Terms of Termination
NearYou.ca reserves its right to terminate the contract and remove customer’s advertisement in some conditions including:
- Customer is not paying bills and fees properly.
- The customer is not able to pay off the bill due to some reasons such as bankruptcy.
- In any event of default, the customer will lose the benefit of the term and all sums owed to NearYou.ca 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 NearYou.ca in connection with the recovery of any amounts due hereunder.
Terms of advertisement
- Advertisement is the responsibility of the customer. The customer guarantees to the NearYou.ca that customer is authorized to publish the Advertisement.
- Customer assures the NearYou.ca that the advertisement is not violating any law and rule and holds permits or licenses 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 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 NearYou.ca 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.
- When the Advertisement is created by the customer or one of its representatives, the customer acknowledges that NearYou.ca shall not bear any liability with regards to the content, graphical norms or physical appearance of the Advertisement.
Terms of changes and modifications
- NearYou.ca is authorized to modify all Terms and Conditions in the agreement at anytime and customers have to accept and comply with all terms and conditions.
- NearYou.ca reserves rights to remove any link or modify, resize, and abbreviate the advertisement.
- NearYou.ca may 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.
Terms of content
- You are responsible for your content and you assume all risks associated with Your Content. All risks associated with Your Content may include anyone's reliance on its quality, accuracy, or reliability, or any disclosure of information in Your Content that makes you personally identifiable.
- NearYou.ca has no liability for any and all claims that relate to any Advertising Content, copy, data or text that submitted.
- NearYou.ca reserves the right to distribute the Advertising Content to other third parties that wish to publish the Advertising Content in accordance with terms set by NearYou.ca.