Terms & Conditions
In considerations of the mutual promises stated in this Contract, we agree with you as follows:
1. Definitions: In this Contract, please remember that, “we”, “our” and “us” mean the Client; and “you” and “your” mean CALL4PCHELP Inc.
Please also remember that in this Contract and the Disclosure Statement,
“Account” means the CALL4PCHELP Inc. any account you have opened in the Client’s name to which all transactions will be recorded;
“Account Statement” means your written statement of the Account that you prepare for the Client on the first of the month [the period covered by each Account Statement will vary between 28 to 31 days];
“Client” means the customer who has signed the Service Order Authorization as the Client;
“Application” Means the request made to you for the Account;
“Disclosure Statement” means your written statement of the Interest Rate, service fees and other charges for the Account;
“Over Due Interest Penalties” meaning the annual percentage rate of interest referred to in the Disclosure Statement that is set out on each Invoice Statement;
“New Balance” means the amount indicated as such on an Invoice Statement;
“Statement Date” means the date indicated as such on an Invoice Statement;
2. General Terms of Contract: This Contract and the Disclosure Statement apply to the Account. This Contract replaces all prior account Contracts between you and us for the Account.
If the Service Order Authorization is signed, it will mean that we have received and read this Contract and the Disclosure Statement. It will also mean that we have understood and agree with you to everything written here and in the Disclosure Statement.
3. Account Activation:
(a) You will activate an account for the Client after we have signed the Service Order Authorization form.
(b) You will automatic charge over due interest penalties to the account after 30 days from the date an invoice is issued as outlined in the Disclosure Statement. You will continue in this way until we have paid the account in full.
4. Account Retainer: We may add additional funds to the account with the understanding that interest will not be paid on any positive balance.
5. Account Termination: If the Client wants you to cancel an account for any reason, the Client must tell you to do so by calling 905-738-0800.
6. Changes to Contract: You may change this periodically. We will be given notice of any rate changes at time of service scheduling. If we continue to use your services, it will mean that we have agreed to the change.
a) You may terminate this Contract at once without giving us any notice, if
(i) we fail or refuse to pay off our account
(ii) we disagree with any changes to the Contract
(iii) we are in breach of our Contract
(iv) the Client ceases or gives official notice of its intention to cease to carry on business
(b) Upon termination of this Contract, we must pay the balance of the account to you in full within 30 days
8. Invoice Verification: We must examine promptly all Invoice Statements and each entry and balance recorded in them.
We must notify you in writing of any errors, omissions or objections to an Invoice Statement, or an entry or balance recorded in it, within 15 days from the Statement Date recorded on that Invoicing Statement. If we do not notify you as required, you are entitled to treat the above Invoice Statement, entries and balances as complete, correct and binding on us and you will be released from all claims by us in respect of those Invoice Statements, entries and balances.
9. *Service Guarantee: We will promptly inform you of any problems related to a work order within 48 hours after the completion of service. You will take the necessary measures to correct the issue(s) related to the work order free of charge. We understand that if you do not hear from us after 48 hours you will consider the work order successfully completed. The work order will then be closed and you will be free from all and any liability or responsibility for the service.
*Note – No warranty on viruses, adware / spyware issues.
10. Collection and Use of Information: From time to time,
(a) You may collect information about us from us;
(b) You may use information as follow;
You may use it for any purpose related to the provision to us of services we request from you. You may also give it to anyone who works with or for you, but only as needed for the provision of those services
(c) You may also use Information for the following purposes:
(i) You may use it to promote your services to us. You may also add it to client lists you prepare and use for this purpose,
(ii) You may share it with other members of CALL4PCHELP Inc. (where the law allows this) so that they may promote their services to us
We may tell you to stop using Information in the ways described in sub-section 10. (c) At any time by contacting your company by calling 905-738-0800.
You acknowledge that the use of Information in the ways described in sub-section 10. (c) is at our option and that we will not be refused service just because we have told you to stop using it in those ways.
If we are no longer your client or this Contract terminates, you may keep information in your records so long as it is needed.
11. Language: We and you have expressly requested that this Contract and all related documents, including notices, be drawn up in the English language.
12. Any work that involves performing work on a server or an application that impacts 2 or more users that resides on the server is considered billable at the server rate.
13. Miscellaneous Charges: For outstanding balances in excess of 30 days.
Monthly Interest: 2.0%
Monthly Account Administration Fee: $25
Re-issuing Account Statement: $30
NSF/Bounce Cheque Penalty Fee: $50
1. No Use: Account agrees to maintain the data in strict confidence and, save as provided herein, not to sell or market any of Client's data to any third party.
2. No Disclosure: If Client authorizes access to data for the purpose of allowing Account to assist in the restoration process, agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person other than Account's employees having a need for disclosure in connection with Client's authorized access of the Confidential Information.
3. Protection of Secrecy: Account agrees to take all steps reasonably necessary to protect the secrecy of the Confidential Information, and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons.
4. Encryption: The Confidential Information that Client transmits to Account is encrypted, to the best of Provider's knowledge, are secure Provider has no special knowledge of the encryption process and does not possess any means of access to the encrypted data.
5. Limits on Confidential Information: Account shall have no obligation with respect to such information where the information is ordered to be publicly release by the requirement of a government agency.
6. Ownership of Confidential Information: Account agrees that all Confidential Information shall remain the property of Client, and that Client may use such Confidential Information for any purpose without obligation to Account. Nothing contained herein shall be construed as granting or implying any transfer of rights to Provider in the Confidential Information, or any patents or other intellectual property protecting or relating to the Confidential Information.
7. Limitations on Liability. Not withstanding any other provision of this agreement, any liability to you involving Call4pchelp Inc., for any cause whatsoever arising out of or related to his Agreement and/or your account with Call4pchelp Inc. and regardless of the form of the action, will at all times be limited to the amount yearly dues paid by you for the services incurred. In no event will there be any liability to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages.