Terms of Service & Terms and Conditions – 99% of Rules

Please take a few minutes to review these Terms of Service and Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use the Zenith Media Canada website or any of its sub-brands, products or solutions. Your use of this website constitutes your agreement that you are at least 18 years of age, and your agreement to follow these rules and to be bound by them.

Zenith Media Canada reserves the right to update or modify these Terms and Conditions at any time without prior notice. If at any time you deem the modification to be unacceptable to you, termination of this agreement is your only recourse. Your use of this website, portal, server or any product or services following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website, our sister websites or any product or service.

As used in this Agreement, the following definitions will apply: “Agreement” shall mean these Terms and Conditions (including any terms incorporated by hyperlink). “Client,” “I,” “you” or “you’re” shall mean the person or persons using, or subscribing to this website. “We,” “us,” “the company,” “Zenith,” “ZM,” “Zenith Media,” or “our,” shall mean Zenith Media Canada and its owners. “Site” shall mean a World Wide Web Site we control and operate for the means of sales and customer service, and depending on the context, refers to the back office administration web site as “Portal.”

These Terms and Conditions serve as your purchase agreement and are notification of such.

Cancellation Policy, Terms of Service

You may cancel your monthly subscription at any time unless otherwise stated in an invoice, contract or via a ticketing/request. To cancel, call Zenith Media Canada Customer Service Department at 1-855-ZENITH-0 or visit your customer portal and select the product or service you wish to cancel. You can cancel immediately or at the end of your term.

Cancellation requests are handled manually; we require a ticket to be opened to cancel any account.

The proper procedure is; open a ticket in our portal system, wait ~24 hours for a response (not including holidays or weekends) if no one has replied to your ticket; ask for an update; if no update provided, please call our sales department or contact your sales representative directly.

You cannot cancel most services; if otherwise stated all services are part of a 1-year contract; based on the date of signup/activation of service; we set a one year contract based on a domain name. Domain & Service go hand in hand unless a domain name was purchased separately from your initial service; it does not extend your contract if purchased independently it will retain its yearly contract.

By enrolling with Zenith Media Canada, you will receive access to our Portal system where you can manage your account, purchase new products or services and obtain support for your product. Each product and service has its terms for help and what that includes. Please verify the description on a per product/service basis.

As a member of the Zenith Media Canada you will receive access to ongoing service and support, access to training and education resources, as well as updates as they come available. You may cancel this service at any time with notice to Zenith Media Canada support at 1-855-ZENITH-0.

If you are unsatisfied for any reason and wish to request a refund, please call customer service at 1-855-ZENITH-0 Monday – Friday 10:00 – 20:00 or send your request to Zenith Media Canada, 8139 Rue Nicolet, Brossard, Quebec, J4Y2S7, Canada.

A refund for monthly service issued if the transaction occurred within 30 days of cancelling your service. Refunds requested outside of this grace period will have no refund.

We handle all chargebacks and reversals as potential cases of fraudulent use of our services and, or theft of services. In cases where we have provided a service, and we have verified that a client has received assistance and/or received a password to our site(s), whether or not they have used the website in any way, possible actions taken by the company may include disabling access to your account, filing a complaint with the Internet Crimes Bureau or local authorities, or reporting the incident to the appropriate authorities in your state or province to investigate theft of services. Please be advised that all activity and IP address information is monitored on the site(s). This information may be used in a civil and criminal case against a client if there is fraudulent use or theft of services.

Content of the Terms of Service

All of the Content you see and hear on the Zenith Media Canada group of websites, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Zenith Media Canada, one of its affiliates or by third parties who have licensed their materials to Zenith Media Canada.

The Content of this website and the site as a whole are intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials transferred to you as a result of any such downloading. Zenith Media Canada reserves complete title and full intellectual property rights in any content you download from this website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Zenith Media Canada.

All logos and advertisements are or may be registered trademarks of their respective owners. No relationship of any kind, expressed or implied may exist between the Company and the owners of said trademarks.

Registration, Terms and Conditions

You may be required to register with Zenith Media Canada to access certain areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are entirely responsible for all interactions with the Site that occurs in connection with your password or user name. You agree to immediately notify Zenith Media Canada of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Zenith Media Canada. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.

Comments & Reviews

We welcome your comments regarding this website. However, any comments, feedback, reviews, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Zenith Media Canada shall be and remain the exclusive property of Zenith Media Canada. Your submission of any such Comments shall constitute an assignment to Zenith Media Canada of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Zenith Media Canada will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Usage in the Terms of Service

The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

The website is operated by the Company on an “as is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law Zenith Media Canada and their affiliates and partners disclaim any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, the Zenith Media Canada does not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.

Incident Reporting Procedure

In order to report an incident, the customer shall complete the form designed for such a purpose on the Portal in the customer management are where the earlier ticket of electronic exchanges between the customer and Zenith Media Canada may be found.

The customer shall complete the form on the site and attempt to provide as much information as possible on the problem encountered to help with diagnostics.

To this end, the customer explicitly authorizes us and our staff to connect to the customer’s service and to perform any operation required in connection with the diagnostic, with respect to both the hardware and the software. We reserve the right to reject any intervention in this regard if we notice in our research the customer used the service in breach of our terms or of laws and regulations in force.

All the exchanges between the parties and more particularly the electronic exchange and telephone conversations shall reflect the customer’s assent to our intervention.

Incident Takeover and Development of Diagnostic

We shall in connection with the incident reporting procedure carry out a diagnostic in order to determine the origin and cause of the malfunction problem if, during the diagnostic process we conclude that the malfunction is an incident, namely that its a problem under the responsibility of ZENITH, the costs related to the diagnostic process shall be entirely borne by ZENITH, in compliance with the agreement terms and conditions applicable to the product or service.

Alternatively, if the diagnostics reveal that ZENITH does not bear responsibility for the incident encountered by the customer or that its existence cannot be confirmed the time spent by ZENITH on carrying out the diagnostic will be invoiced to the customer at an hourly rate available for consultation noted on ZENITHs website.

The customer undertakes not to improperly make use of the support system. Zenith reserves the right to refuse to handle a customer request if their conduct of the frequency of their request is likely to adversely affect the regular operation of the support service.

The customer agrees to avoid using the technical support service in an abusive manner. We reserve the right to refuse to respond to a customer’s claim if the customer’s behaviour or the frequency of claims is likely to disrupt the regular operation of the technical support service.

Support tickets opened in our Portal system are automatically closed after 168 hours (7 days) if no update is sent or received. If you have a paid support contract or pay as you go per ticket; it is your responsibility to update tickets before they close. Failing to do so may incur additional fees based on your support contract.

Resolution of Malfunction

At the end of the diagnostic, Zenith shall inform the customer on the cause of the malfunction and indicate which technical solution will be used to resolve the problem encountered.

In the event of Zenith not bearing the responsibility for the malfunction, Zenith will forward a quotation to the customer corresponding to the cost of the resolution operations, if the customer wants ZENITH to take charge of the resolving its problem.

Conditions of Payment on Support

The base price of the quotation is set out on the ZENITH site. The sums due will be invoiced monthly on the anniversary date of technical support being received for the service. In the event of a monthly renewal of the service, all sums due relating to this service including technical support will be invoiced.

No new interventions will be carried out if the payment of the preceding intervention has not been honoured.

Term and Renewal of Service, Tariff

The service agreement shall be signed for an indefinite term. Zenith reserves the right to suspend the service at any time. Zenith shall to the extent possible, notify in advance the customer, through a message on their website, forum or any means deemed necessary.

ZENITH may possibly not renew its service at the end of the term. ZENITH shall make every effort to inform the customer beforehand regarding this and shall delete all the data stored by the customer on the service. The customer hereby agrees to recover all his/her data prior to the end of the service term.

Any non-payment or irregular payment, meaning incorrect or incomplete amounts in particular or lacking the required references or made by any other method or procedure not accepted by ZENITH are not acceptable and will result in rejection by ZENITH of the registration or renewal request.

Concerning renewals paid by cheque, it is up to the customer to request the renewal with sufficient time for the cheque to be received and processed by ZENITH prior to the expiration of the service. ZENITH reminds the customer that the processing of a payment by cheque may take more than 14 working days in some cases.

After each payment, ZENITH will send an invoice by email and/or will make it available to the customer via their management interface (PORTAL). The customer expressly accepts that the invoice will be sent to them electronically.

ZENITH reserves the right to modify their prices at any time, subject to informing the customer by email/or to making an online announcement on the site one month in advance if the new prices excluding are less favourable to the customer. In this event, the customer will have one month from receipt of this information to cancel their contract without penalty. Failing any such action the customer, the customer will be deemed to have accepted the new tariffs. Price changes will apply to all agreements and especially ongoing agreements.

ZENITH reserves the right to pass on any new tax or any increase in existing taxes without delay.

The service provided by us is payable at the time of ordering. The customer is solely responsible for payment of all sums due under the agreement for ZENITH services. By express agreement and unless a deferment is requested in good time and granted explicitly by ZENITH in writing, the total or partial non-payment of any sum due under the agreement by the due date automatically results in the following without prior notification.

• immediate payment of any outstanding amounts owed by the customer under the agreement, regardless of the planning method of payment;
• suspension of all ongoing services, regardless of their nature without prejudice to the ability of ZENITH to terminate the contract;
• removal of the possibility to subscribe to new services or to renew them;
• application of interest at a rate equal to 15.249%

Credit card Expiry Notices Date on the 1st of each month for the following month; you have 30 days to update your credit card details when you receive such a notice. Failing to do so could incur fees based on late/non-payments.

We do not remove expired credit card information.

Exchange rates are updated daily using source information from the European Central Bank
All rates based on CANADIAN DOLLARS. Pricing for other currencies is based on CAD and prices are updated daily to reflect the fluctuation of market value.

Overage Billing Charges: will be calculated at the end of the month and visible and payable on your next monthly invoice.

All domain names registered by us for a client belong to ZENITH MEDIA CANADA, and that information will be reflected in your domain names whois system. The domain will remain the property of ZENITH MEDIA CANADA until the end of your term. If you wish to break the domain name terms of service before the end of your service contract a fee of 250.00$ CAD is billed and paid before we release any domain name to you.

Domain transfer from 3rd party registrars is charged at 75.00$ CAD to import them into our system.

Any disagreement concerning invoicing or the nature of the service must be forwarded to our customer service via the customer management interface (PORTAL) within one month of the order confirmation.

All emails are tracked for delivery performance and internal tracking, and we track using pixel.zenithmedia.net; we track clicks, opened emails and other relevant metrics.

All emails that are sent and received follow the above tracking, and we share this information with our email provider MailChimp / Mandrill; We relay all our emails to prevent possible spam and forgeries. If you send out emails and noticed the zenithmedia.net domain added; this is normal. If you’d like to guarantee the authenticity of your email, please contact support so we can verify your domain name on our partners. We will from time to time automatically perform email authentication on behalf of our clients towards our providers.

We reserve the following account names (the part before the @ in an email) postmaster / hostmaster / owner / webmaster / abuse / www / usenet / ftp / uucp / security / noc associated with any domain name associated with your service on our system.

Notifications

We generate invoices seven days before the due date and are available in your portal and by email.

We send a reminder one day before the due date.

On the due date, we will charge your account, and you will receive a payment succeeded email or;

We will send you a past due reminder seven days after the due date.

We will send you a 2nd past due to a reminder fourteen days after the due date.

We will send you a 3rd overdue reminder twenty two days after your due date.

On day 30 of overdue payment, you will receive your suspension email.

In total six emails will be sent automatically from our system. If you do no make efforts to pay; the following fees will include; 15.249% interest on past due to payments after seven days.

Pro-rated service and payments expected on the 1st of each month.

Suspension 30 days after the due payment date (1st of each month) 100.00$ CAD fee after 90 days of non-payment + any other 3rd party fees for legal or collections purposes.

Termination of service afterwards.

Domain reminders:

Ninety days before / 60 days before / 30 days before / 15 days before your domain is set to expire.

Our partner company OpenSRS will contact you before and or after on our behalf to remind you of expiring domains.

Termination, Limitation and Suspension of Service

Breach by the customer of his obligations as defined hereunder, including all activities specifically barred while using our services and any content specifically barred when using our services, and likely to result in civil and criminal liability and likely to prejudice a third party’s rights, shall give rise to our right to immediately cut off the cable or interrupt the customers service without any prior demand and to immediately terminate the service as of right without prejudice to any other damages we might have the right to claim.

At the end of the term of this service for any reason whatsoever, we shall entirely delete all the files on the customer’s service.

We reserve the right to restrict, limit or suspend its services without prior notice nor indemnity if it appears that the customer uses the services provided for any activity which violates the terms and conditions of the agreement with us or the service objectives.

The service may also be restricted, limited or suspended when the specific terms and conditions applicable to a type of service offered by us provide for such sanctions in the event of a breach.

The restriction, limitation or suspension measures shall always be taken in accordance with the seriousness or recurrence of the breach(es), and shall be based on the nature of the breach(es)

The customer agrees in advance that we may restrict, limit or suspend the service offered if ZENITH receives notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the law and regulations in force.

Either party may terminate the agreement as of right and without indemnity, in the case of the force majeure event lasting more than thirty (30) days.
ZENITH reserves the right to interrupt the customer’s service if such a service endangers the maintenance of security or stability on the ZENITH hosting platform. ZENITH shall, to the extent possible, give the customer prior notice regarding such interruption.

ZENITH reserves the right to interrupt the service as needed for technical interventions designed to improve its operations, or for maintenance procedures.

Operating Conditions

The customer hereby acknowledges that bandwidth fluctuations and problems with the access provider could cause a gap in service provided by ZENITH, which it would be unable to resolve.

However, the service shall be restricted, limited or suspended as of right by ZENITH:

• if it seems that the customer is using the service provided for any activities whatsoever which are not in the compliance with these general terms and conditions;
• if we receive a notice in that regard from a competent administrative, arbitral or judicial authority in compliance with the appropriate applicable laws or from a third party;
• if the contact information in the customer’s account seems to be false, inaccurate or out of date.

Tolerance

The fact that we fail to invoke one of the general terms and conditions and conditions of service and/or tolerates the violation by the party of any of the obligations hereunder shall not be construed as a waiver to invoke in the future of these terms and conditions.

Warranties

Zenith Media Canada does not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on the website, or about a website you may access through this website. Links to other sites are provided for convenience only. It would be best if you made your own decisions regarding your interactions or communications with any other website.

Zenith Media Canada makes no representation that content provided on this website is applicable or appropriate for use in locations outside of Canada.

Zenith Media Canada assumes no risk or responsibility for your use of any of the content provided on this website.

Under no circumstances, shall Zenith Media Canada or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website and services.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of any Zenith Media Canada has been advised of or should have known of the possibility of such damages.

If you are dissatisfied with this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy are to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Zenith Media Canada under such circumstances for liabilities that otherwise would have been limited our maximum total liability to you arising by reason of this transaction shall be the amount paid by you for the service.

You agree to defend, indemnify and hold harmless us and our directors, officers, agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney’s and expert witness’ fees) arising by reason of your purchase or use of the web site or arising from: Any breach of the agreement. Any claims arising from the sale or license of goods or services promoted or made available through this product or service except where limited by law. Our indemnity rights shall not be limited or offset by any contributory negligence by us.

I agree with the use of electronic records to evidence this agreement. I understand that I have the right to not consent to the use of electronic records by not transacting business with Zenith Media Canada. In such an event, this will be null and void. I hereby waive any objection I may have to the companies’ use of electronic records in court should it be necessary to enforce the terms of this agreement.

By execution of this Agreement, you hereby consent and agree that any and all disputes that arise concerning this Agreement or any of the terms of this Agreement, or that concern any aspect of the relationship between Client and Company, shall be decided exclusively in binding arbitration conducted by the ICC Canada Arbitration Committee (‘ICC’). Client and Company further consent and agree that Client may file their complaint with the ICC in their state or province, but that all ICC arbitration hearings shall be conducted in Montreal, Quebec, Canada, where Company is headquartered and located, before a single ICC arbitrator. The arbitrator shall be appointed in accordance with Section R-13, Appointment from Panel, of ICC Commercial Arbitration Rules. Client and Company consent and agree that the ICC arbitrator shall exclusively apply Montreal, Quebec law to the dispute, regardless of and without giving any consideration to the choice of law principles. Client and Company further consent and agree that each party will bear his/her/its own cost and attorneys’ fees incurred in connection with the ICC arbitration proceedings, and agree that the ICC arbitrator shall have no power or discretion to make an award of costs or attorneys’ fees. However, in the event that Client or Company file any court proceedings in violation of the contractually agreed upon arbitration requirement, the party who is required to appear in any court proceedings to defend against such proceeding shall be entitled to an immediate stay and dismissal of such court proceedings, and shall be entitled to an award of all reasonable attorneys’ fees and costs incurred in connection with such court proceedings. The final decision of the arbitrator shall be furnished in writing and shall constitute a conclusive determination of the issue(s) in question, binding upon the Client and Company, and shall not be contested by either of them except as permitted by applicable law. Such a decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrators’ award.

No failure to enforce any provision, assert any right or insist on performance of any provision under this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such power, or insist on the performance of such obligations in the future. Our failure to enforce your strict performance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

This agreement constitutes the entire understanding concerning your purchase and affiliation with the sponsor, and us and supersedes all prior representations, oral or written. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such an event, the offending clause will be replaced with a provision or provisions having the same economic impact. This agreement shall be binding on and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. By ordering from Zenith Media Canada or utilizing services of Zenith Media Canada, I at this moment acknowledge that I have read the above terms and conditions, understand them, and agree to be legally bound by them.

By accessing and using the Zenith Media Canada website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted according to the laws of the province of Quebec, Canada.