Terms, Conditions, Policies
ACCEPTANCE OF TERMS
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Any software that is made available to download is the copyrighted work of Design And Business Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ACCEPTANCE OF TERMS
Permission to use Documents is granted, provided that:
(1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
(2) use of such Documents from our Websites is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made.
Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Design And Business Inc. Web site or any other Design And Business Inc. owned, operated, licensed or controlled site. Elements of Design And Business Inc. Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Design And Business Inc. Web site may be copied or retransmitted unless expressly permitted by Design And Business Inc.
D&B AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. D&B AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO EVENT SHALL D&B AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON OUR WEBSITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. D&B AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Design And Business Inc. immediately of any unauthorized use of your account or any other breach of security. Design And Business Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Design And Business Inc. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of our content, you will not use the content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the content in any manner that could damage, disable, overburden, or impair any Design And Business Inc. server, or the network(s) connected to any Design And Business Inc. server, or interfere with any other party's use of any content. You may not attempt to gain unauthorized access to any content, other accounts, computer systems or networks connected to any Design And Business Inc. server or to any of its contents, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Websites. You may not share, give, copy, alter, research or abuse any product(s) of Design And Business Inc. that has been provided to you in anyways with or without your knowledge, doing so is breach of contract and Design And Business Inc. has the right to terminate you account and take the case served.
USE OF WEBSITES
Our Websites may contain e-mail services, bulletin board services, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication designed to enable you to perform business with others (each a " Service" and collectively " Services"). You agree to use the Services only to conduct business that is proper and, when applicable, related to the particular Service. You agree that when using the Services, you will not:
* Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
* Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
* Use any material or information, including images or photographs, which are made available through our Websites in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
* Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, malware, or any other similar software or programs that may damage the operation of another's computer or property of another.
* Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
* Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using our Websites.
* Violate any code of conduct or other guidelines which may be applicable for any particular Service.
* Harvest or otherwise collect information about others, including e-mail addresses.
* Violate any applicable laws or regulations.
* Create a false identity for the purpose of misleading others.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of our Websites or other user or usage information or any portion thereof.
Design And Business Inc. has no obligation to monitor the Services. However, Design And Business Inc. reserves the right to review materials posted to our Websites and to remove any materials in its sole discretion. Design And Business Inc. reserves the right to terminate your access to any part or all of our Websites at any time, without notice, for any reason whatsoever.
Design And Business Inc. reserves the right at all times to disclose any information as Design And Business Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Design And Business Inc.'s sole discretion. Design And Business Inc. does not control or endorse the content, messages or information found on our Websites and, therefore, Design And Business Inc. specifically disclaims any liability with regard to Services and any actions resulting from your utilization of our Websites.
MATERIALS PROVIDED TO D&B OR POSTED AT ANY D&B WEB SITE
Design And Business Inc. does not claim ownership of the materials you provide to Design And Business Inc. (including feedback and suggestions) or post, upload, input or submit to any Website or its associated Websites for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Design And Business Inc., its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Design And Business Inc. products), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Design And Business Inc. may remove any Submission at any time in its sole discretion.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that;
copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from our Website, provided that, such termination shall not affect any licenses or contracts granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE D&B SITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF D&B AND D&B IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. D&B IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. D&B IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY D&B OF THE SITE.
DesignAndBusiness™ and/or other Design And Business Inc. products are registered trademarks or of Design And Business Inc. in Canada and/or other countries. The names of actual companies and products mentioned in our Websites may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
All mentioned Terms, Condition and Policies are subject to negotiate between two parties if asked and if does not breach rules and laws already in effect by the Government of Canada.
Contract TERMS, CONDITIONS, AGREEMENT
1. AGREEMENT: This Agreement is by and between D&B of Ontario Canada, (hereinafter referred to as D&B and the CLIENT listed in the Business Name section of the front side of this from (hereinafter referred to as CLIENT). Hereinafter, CLIENT and D&B are referred to as PARTIES. UNLESS OTHERWISE AGREED TO IN WRITING, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY TO THE PARTICIPATION AGREEMENT AS STATED ON THE REVERSE SIDE OF THIS DOCUMENT.
2. COPY APPROVAL: All requested material shall be approved by the CLIENT through the execution of a written copy release of proof prior to final production. If D&B does not receive notice of correction, it shall assume that the final proof is correct and the service will be perform as it appeared on the final proof. All Production subsequent to proof copy correction is at the CLIENT’s expense. CLIENT will be charged for all changes to the final proof except for those resulting from errors made by D&B. CLIENT agrees to fulfill the completed Agreement, unless otherwise agreed upon by the PARTIES.
3. PAYMENT TERMS: All payments for services, as set forth on the front of this Agreement shall be paid in cash, Cashiers Check or Certified Check, or Company Check. Any returned checks will result in the CLIENT being charged an additional $50.00, and replacement will be accepted by certified funds only.
4. BILLING: Payment Terms, other than the terms set forth in Payment Terms Section on reverse side of this document, may be requested using D&B Special Payment Terms Agreement. Upon completion of a Special Payment Terms Agreement by CLIENT, D&B, in its sole discretion, may approve billing terms. CLIENT agrees to be bound by the additional terms and conditions contained in the Special Payment Terms Agreement.
5. COSTS OF COLLECTION: In the event D&B should be forced to utilize the services of a collection agency, or obtain legal council on an Agreement, CLIENT agrees to reimburse D&B for all reasonable expenses and legal fees. In addition, CLIENT shall pay interest at the rate of 2.00% of the total amount per month on all balance due and payable under this Agreement from the date of service if allowed by law, or the maximum rate of interest permissible under law, whichever is higher.
6. CANCELLATION: CLIENT may cancel an order by delivering a written notice of such cancellation to D&B no later than 24 hours after the order. If cancellation is made at time of proof approval, CLIENT will be liable for a minimum deposit fee (%30). Thereafter, CLIENT will be liable for the whole Agreement amount. In the event of CLIENT payment default, all negotiated discount rates and/or Special Payment Terms, and all future production will be re-rated based on maximum rates specified in the latest D&B Price List. In case of bankruptcy, attachment, or execution against the CLIENT, or its refusal to accept the work from D&B, all amount owing becomes immediately due and payable. If CLIENT fails to pay the Agreement amount within the agreed time, or fails to submit, approve, or correct proof copy, or otherwise fails to perform its obligations stated in the Agreement, D&B shall have the option to declare the Agreement null and void, and have no further obligation towards the CLIENT. Such election shall not waive any claims D&B has against CLIENT for expenses incurred in the enforcement or collection of the Agreement.
7. LIABILITY OF D&B: The CLIENT agrees that D&B’s liability hereunder is limited to the timely services named on the front side of this form and that D&B is not liable for delays in delivery and/or non-delivery in the event of any Act of God or any condition beyond D&B’s control affecting production in any manner. The maximum amount of D&B liability in any condition is limited only to the amount that it is paid, this includes any lawsuit in any jurisdiction at any time and it comes into effect as soon as the client makes any payment.
D&B DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ALL ADVERTISING AND MARKETING MATERIAL AND/OR SERVICES PROVIDED TO CLIENT, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND DISCLAIMS ALL OBLIGATIONS AND LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, OR CONSEQUENTAIL DAMAGES, IN CONNECTION THEREWITH, WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITIES THEREOF. IN NO EVENT SHALL D&B’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE EXCEED THE AMOUNT RECEIVED FROM CLIENT HEREUNDER.
8. COPYRIGHT OWNERSHIP: The PARTIES agree that the advertisement created pursuant to this Agreement are "Artworks made for client" and that D&B as the consultant has the right to copyright the production in the name of D&B and is the owner of all rights and privileges attendant hereto. Such services cannot be reproduced without the prior written consent of the D&B All services are accepted and delivered by D&B under the premise that the CLIENT and/or its representative are authorized to utilize the entire contents and subject matter thereof. All copy, text and illustrations are subject to the approval of D&B prior to delivery. The owner of logo, text, registered and trade mark objects appeared on CLIENT’s productions are subjects to be reserved and responsibility of CLIENT and it will be proofed before finalizing the service in the specified time frame, otherwise it will be produced.
9. REPRESENTATION AND WARRANTIES/INDEMNIFICATION: The CLIENT hereby represents and warrants to D&B and its subsidiaries and affiliates (the “indemnitees”) that neither the presentation of its services under this Agreement, nor any effects therefrom, or incident thereto will, as a result of any of the CLIENT's acts, or any of D&B’s on the CLIENT's behalf hereunder, violate any Provincial, Federal or local law, rule or regulation pertaining to postal requirements, misrepresentation, libel, trade libel, unfair competition, deceptive business practices, fulfillment, copyrights, trademarks, patents, invasion of privacy, misbranding, labeling, safety, or any other cause. The CLIENT shall indemnify and hold the indemnities harmless against any loss, and against any claim, suits, costs or expenses, including reasonable attorney's fees, of any kind whatsoever, incurred by the indemnitees as a result of the CLIENT's breach of the representations and warranties contained in this paragraph or otherwise incurred by the indemnitees in connection with the production and/or presentation of CLIENT's advertising or marketing material. It is the responsibility of the CLIENT to insure its product or service from product liability and CLIENT agrees to hold the indemnitees harmless from any product liability claims and any other claims arising from the use or misuse of such products.
10. INVOICED CLIENTS WHO RECEIPTED THE SERVICES: By the signature(s) on the reverse page the CLIENT agrees that have received the full services at the satisfactory level based on current industry standard and has approved the product as final. If a dispute arises between two the judgment is the what D&B calls and in case of taking a court case all costs would be on CLIENT. Any other service(s) after the invoice date will be considered as extra services billed separately. Any remaining balance, rights, ownership, warranties, liabilities, etc. remains effective with in this AGREEMENT. “Due to Date” is the maximum date of paying off the balance in full.
11. ENTIRE AGREEMENT/ACCEPTANCE: There are no other Agreements or understandings, written or oral, between PARTIES regarding the subject matter of this Agreement except as set forth herein. This Agreement shall not be modified or amended, nor shall any of its provision be waived, except by a written Agreement signed by PARTIES. This Agreement is not in effect until accepted and approved by duly authorized representative of the D&B. This Agreement has only 11 sections.
Design And Business Inc.
315 Steelcase Road East, Suite 201,
Markham, Ontario, L3R 2R5
This updated 2023-05-10