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Terms of agreement

TERMS OF AGREEMENT

UPDATED JUNE 1, 2015

ACCEPTANCE OF TERMS OF SERVICE

Welcome to CFHC Online. We offer social media, content creation, management and strategy services to funeral home and cemetery businesses. What follows are detailed terms and conditions. You should read and understand these Terms of Agreement and our Privacy Policy. By using, visiting, or browsing the Website as a user, or paid or unpaid member, you accept and agree to be bound by these Terms of Agreement and the conditions of the Privacy Policy. Questions about the Terms of Service may be sent to admin@cfhconline.com. Any failure of the CFHC Online to enforce or exercise a right provided in these terms is not a waiver of that right.

These Terms of Service are also a resource for you to have a better understanding of how our Program works, the way we bill, how we interact with you and other useful details. We encourage you to revisit these Terms of Service when you have a question about the Program or want to know how something works. We hope you enjoy your CFHC Online experience. If you do not agree to these Terms of Service, you should not use the Products and Services, including our website and programs. Violation of any terms can result in termination of your account.

CFHC Online reserves the right to update its terms and Conditions from time to time. The date of the latest version is indicated at the top of the Terms and Conditions Page of the Website.

DEFINITIONS

“Goods” means goods and/or services provided by CFHC Online as ordered by the Client.

“Company” means CFHC Online.

“Client” means the person, firm or company placing an order with the CFHC Online.

“Content Library” is a scheduled series of articles which are relevant to funeral home and cemetery service providers which is used to populate the client’s social media business page.

“Content folder” is a series of articles and announcements specific to the client’s business which is used to populate the client’s social media business page.

“Monitoring” is a regularly scheduled activity where social media business pages are watched to view activity of users.

“E-letters” means creating content in newsletter form which is provided to the client to distribute to their customers. The client assumes full responsibility to disseminate the E-letter.

“Reporting” means generating reports for the client on social media metrics including likes, post clicks and engagement.

“Packages” means a grouping of program services which are available for a fixed price.

“Program” means articles, posts, monitoring, e-letters, content folders, account initialization, reporting, packages, strategy and promotion. A program can be comprised of an individual item or multiple items.

APPLICATION

These terms and conditions apply to any provision of services or materials by the Company to the Client.

CONFIDENTIALITY

Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other of the other’s business which come into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.

ORDERS

Orders will be deemed to have been placed when funds being transferred to a financial intermediary are approved. Buyer’s Representations: Buyer represents that it has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that it has provided accurate information to the company in purchasing products through the website and that its offer to purchase products complies with all applicable laws. Buyer acknowledges and agrees that it is solely responsible compliance with all applicable laws and regulations concerning buyer’s purchase, possession, or use of the products. Buyer further represents that it is familiar or will become familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by Buyer. Ordering is restricted to individuals who are greater than eighteen years of age.

DELIVERY

The majority of services as supplied by the company are despatched electronically and shall be  deemed as having been delivered when the client’s social media page is initialized with updates. The Company reserves the right to substitute conventional delivery methods should electronic dispatch prove inconvenient: in which case delivery by the Company will deemed to have taken place when the materials are handed to the custody of the Client at their premises.

PAYMENTS

New clients or other clients out of terms are expected to pay in advance for their services. Credit or debit card payment is provided with PayPal. For orders exceeding $1000.00 monthly instalments may be provided. Should the client choose to pay for program services by check, arrangements can be made by contacting the Company. All invoices issued by the Company shall be paid with the Client within thirty (30) days of the date of the invoice unless otherwise agreed in writing by the Company. In the event of late payment, the Company has the right to charge interest on the amount outstanding before and after judgement at the rate of five (5) percent above commercial prime lending rates, in force from the due date until the date of payment. If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for dispute within seven days of the delivery of the goods and shall pay the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms. The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed. The client wil be advised of the change in fees and will have the opportunity to forego services prior to implementation.

QUOTATIONS

Standard fixed pricing exists for most program services. For customized services the prices, quantities and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve.

TIMETABLE

The Company will endeavour to supply the services or materials within the quoted time (normally within a maximum of seven days for order or otherwise as agreed) but time will not be of the essence within the agreement.

TERMINATION OR CANCELLATION OF AGREEMENT

In view of the nature of the service, any order – once confirmed by the Company – is not cancel-able. Cancellation of the order by the Client will only be accepted on condition that any costs, charges and expenses already incurred will be reimbursed to the Company immediately.

NOTICE

All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon receipt.

USAGE OF THE SERVICES OR MATERIALS

Unless otherwise agreed in writing by the Company, the Client (and their customers) shall be entitled to use the services and materials provided as follows: all files and data records are for single use by the Client. Program files appearing on social media platforms are able to be shared with other consumers but are not to be altered. The Client shall not otherwise be entitled to store, or to pass on (whether to their client or other person) or make any other use of these service and material. All items within the program are not for commercial exploitation (for example, by resale to others). Further, the client may not decompile, disassemble, rent, lease, loan, sell, sub license, or create derivative works from the Website or the Program. Nor may they use any network monitoring or discovery software to determine the site architecture or extract information about the usage, individual identities or users with the Company’s prior written permission; please notify us at admin@cfhconline.com and will be please to consider your request for special permission. The client may not use the Program items in any way that harms CFHC Online, its employees, directors or other representatives, our participating rights holders or users, or any other third party. Any unauthorized use of this Website or the Program is prohibited.

INTELLECTUAL PROPERTY RIGHTS
Nothing in these Terms of Use or in the terms and conditions relating to any applicable Company licensing or other service should be construed as conferring upon you any copyright or other intellectual property license or right (whether by implication or estoppel), unless we have expressly said so. You agree that the Program and the Web Site are protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to CFHC Online or its licensor’s.

COPYRIGHT

The Client acknowledges that the rights to the Goods and Services are owned by the Company and that the goods and services are protected by international copyright laws and treaty provisions and all other applicable laws.

THIRD PARTY CONTENT
Third party content may be included in the Program or may be accessible by way of links from the Company Website. The Company is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third party content appearing in the Program or accessible through it. The Client understands that the information and opinions in the third party content are not endorsed by and do not necessarily reflect the opinions or beliefs of the Company or any of its employees, directors or other representatives.

COPY WRITE PROPERTY

We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to CFHC Online:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

INDEMNIFICATION

Client shall defend, indemnify and hold CFHC Online and its suppliers, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses arising from or connected with (a) a breach by Client of this Agreement or (b) the possession, handling, use, or resale of the products by Client or others, including, but not limited to, any claims alleging negligence on the part of CFHC Online.

WARRANTY

The Company warrants that it has the right to provide the Goods and Services but otherwise the Goods and Services are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, nor warranty is given that the Goods and Services are specifically suited for the purposes intended by the Client. The Company warrants that the elements of the Program will be supplied using reasonable care and skill. The Company dos not warrant that the Goods or Services are error-free, accurate or complete.

LIMITATION OF LIABILITY

The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of Goods or Services nor for any special, indirect, economic or consequential loss or damage arising or caused (including loss of profit or loss or revenue) whether from opinions stated, negligence or otherwise in connection with the supply, functioning or use of the Program. The Company is not liable for any direct, indirect, special, incidental, punitive or consequential damages of any kind whatsoever (including without limitation attorney’s) in any way due to the use or inability to use the Website or the Program, third party content provided in the Program, and delays in initiating, conducting or sending transmissions or transaction with the Company. Any liability of the Company shall in any event be limited to the licence fees paid by the Client in the year in which the event of default arises. The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Program. The Client agrees that any claim related to these terms of use may not be brought forward more than one year after the earliest time that such claim may accrue, after which time such claim is permanently barred, whether made by the Client or its successors.

FORCE MAJEURE

Without limiting the scope of any other terms and conditions herein, the company shall not be responsible or liable for any delay or failure to deliver any or all of the products for the causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production or delivery of the products. The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its employees performing the terms of the agreement in a way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, data loss, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance. The Client hereby releases the Company from responsibility or liability for any resulting incomplete fulfilment of the Clients order.

APPLICABLE LAWS

The Company controls and operates the Web Site from offices in the Canada. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury. These Terms of Trading shall be subject to and construed in accordance with the laws of Canada and the parties hereby submit to the exclusive jurisdiction of the Canadian courts.

EMPLOYMENT OF PERSONNEL

Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Program.