WEBSITE LISTING TERMS & CONDITIONS AGREEMENT
1.
Definitions
1.1
Adhonorem Directory Web Page Listing refers to the development and
hosting of an Honorary Consular Representative’s information on the
website at AdHonorem.Net. This includes all the listing options
available to all.
1.2
Honorary Consular Representatives refers to all current Honorary
Consuls, Honorary Consul-Generals, Honorary Vice-Consuls and
Honorary Consular Agents duly appointed by their respective
countries and officially recognize by their host countries. .
1.3
Adhonorem Consular Listing refers to the exclusive prime listing of
Honorary Consular Representatives worldwide. There is only one
Class of Adhonorem Directory Web Page listing. Please refer to the
Website Listings Options for the detailed offerings.
2.
Adhonorem Consular Representatives Prime Listings
2.1
Listings in the Adhonorem website are exclusively reserved for
Honorary Consular Representatives worldwide.
2.2
Listed Honorary Consular Representatives must be current and are
required to be legally and officially appointed Honorary Consular
Representative of a country and officially recognize by host
country.
2.3
Listed Honorary Consular Representative must reflect a true and fair
description of their services in their information content.
2.4
Listed Honorary Consular Representatives must also ensure that their
information content is updated regularly.
2.5
Listed Honorary Consular Representatives must ensure that they honor
the payment terms as set out.
2.6
All information submitted to the Adhonorem.net by the listed
Honorary Consular Representatives shall be considered publicly
accessible. Important and private information should be protected by
Adhonorem.net.
3.
Adhonorem.net
3.1
Adhonorem.net reserves the right to exclude or remove Honorary
Consular Representatives from its web site if any of the above
conditions have not been met or for other reasons that may
compromise its objectives.
3.2
Adhonorem.net will provide the physical server, computer space and
other operating system software to operate and support the website
and its client (Honorary Consular Representatives) information in a
manner and standard acceptable in the Information and
Telecommunications Industry.
3.3
Adhonorem.net will be responsible content management within the
website, the backup of the data on its web server on a regular
basis, and for the maintenance of its server in order to maintain
the optimal performance of its server and providing uninterrupted
access.
4.
Payment Terms
4.1 Set Up Fee
You
will pay Adhonorem.net a one-time, non-refundable setup fee for the
design and development of your Website Listing option according to
the current Website Listing Information Schedule. Fifty (50) percent
of the set-up fee is applicable immediately upon confirmation of the
Agreement and the remaining balance is to be paid upon completion of
work.
4.2 Service Fee
You
will pay Adhonorem.net an Annual Service Fee (or hosting fee) for
the services we provide under this Terms & Conditions Agreement
according to our current Website Listing Information Schedule. The
service fee will be billed to you on the day the listing is uploaded
for viewing on the website.
4.3 Cancellation
In the
event that you cancel your listing on the website within 3 months
after paying your Annual Service Fee, you will be entitled to a 50%
refund on your Service Fee payment. Adhonorem.net retains the right
to charge you an administration fee and deduct this administration
fee from your Service Fee before refunding it to you. Cancellations
after the 3 month period will not be entitled to any refund of the
Annual Service Fee.
4.4 Breach
In the
event that Adhonorem terminates this Terms & Conditions Agreement
because of a breach, there will be no refund on the Annual Hosting
Fee.
4.5 Tax
These
fees are exclusive of GST and PST(Provincial) Tax as required by
the Government of Canada and the Adhonorem standard administration
fee in facilitating its activities. Honorary Consular
Representatives must furnish copy of tax exemption certificates or
reference tax exemption numbers.
5.
Representations and Warranties
5.1 Compliance with Law
You
represent and warrant that you will comply with all applicable
Canadian laws in your performance of this Terms & Conditions
Agreement and in the listings within the website, including the laws
governing technology, software and trade secrets.
5.2 Authority to Contract
You
represent and warrant that you have full authority and right to
enter into this Terms & Conditions Agreement and that there are no
conflicting claims relating to the rights granted by this Agreement.
5.3 Non Infringement
You
represent and warrant that your performance of this Terms &
Conditions Agreement and providing your information for listing,
including any software or data files, shall not infringe the
intellectual property or other proprietary rights of any third
party.
5.4 Adhonorem.net Performance
Adnorem.net
represent and warrants that its services shall be performed in a
professional manner and in accordance with its obligations as
defined in this Terms & Conditions Agreement.
5.5 Disclaimer of Warranties
EXCEPT
FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, ADHONOREM.NET MAKES NO
WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL
SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NO LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR FOR NON-INFRINGEMENT.
6.
Indemnity
6.1
You expressly agree that the use of the website is at your own risk.
Neither the Adhonorem.net, its employees, and affiliates warranty
that its services will not be interrupted or error free; nor does it
make any warranty as to the results that may be obtained from the
use of its website service or as to the accuracy, reliability or
content of any information serviced or merchandise contained in or
provided through our service, unless otherwise expressly stated in
this Terms & Conditions Agreement.
6.2
Under no circumstances, including negligence, will Adhonorem.net,
its officers, affiliates or anyone else involved in creating,
producing or distributing the information on the website be liable
for any direct, indirect, incidental, special or consequential
damages that result from the use or inability to use its website
service. Adhonorem.net will further not be liable for mistakes,
omissions, interruptions, deletions of files, errors, defects,
delays and operation, or transmission or failure of performance
whether or not limited to acts of nature, communication failure,
theft, destruction or unauthorized access to its records, programs
or services. You acknowledge that this paragraph shall apply to all
content on the website.
6.3
Your exclusive remedy for all damages, losses and causes of actions
whether in contract or tort (including negligence or otherwise) will
not (a) exceed the actual dollar amount of your Annual Service Fee,
or (b) include any incidental, consequential, extemporary or
punitive damages of any kind, including without limitation, loss of
data, file, profit, goodwill, time, savings or revenue.
7.
Term & Termination
The following
describes the effective date, duration, and method of termination.
7.1
Effective Date
The effective date of this Terms & Conditions Agreement is the last
date appearing at the end of this document.
7.2
Duration
This Terms & Conditions Agreement will commence on the Effective
Date and continue on a year to year basis. The billing process will
commence from the 1st day of the month immediately following the
Effective Date.
7.3
Termination for Convenience
Subject to Section 4.3, you may terminate this Agreement at any time
for your convenience by providing Adhonorem.net with a 1 month
advance written notice.
7.4
Breach or Default
The following constitutes a breach of default of this Terms &
Conditions Agreement:
- Failure
to pay the Annual Service Fee on the 1st day of the billing
month
-
Violation of Section 9.0
-
Violation of Section 5.1, 5.2 or 5.3
8.
Ownership Rights
Adhonorem.net
acknowledges that all right, title and interest in your website
listing content shall be solely owned by you. Adhonorem.net own or
have licensed all website software. In the event that it elects, at
its option, to provide custom software to you, this software will be
licensed to you for use only on the Adhonorem.net’s website on a
non-exclusive, royalty free, fully paid basis according to the terms
of this Agreement.
9.
Immediate Deactivation
Any website
listing that is used for Illegal, Abusive, or Unethical Activities
that is not in accordance with the objectives of Adhonorem.net will
be immediately deactivated without warning to you. Illegal, Abusive,
or Unethical Activities include but are not limited to, pornography,
obscenity, nudity, violations of privacy, computer virus, gambling,
or promotion of gambling, and any harassing or harmful materials or
uses as determined by Adhonorem.net.
10.
Miscellaneous
10.1
Governing Laws & Attorney Fees
This Terms & Conditions Agreement will be interpreted and applied in
accordance with the laws of Canada, without regard to the conflicts
of law provisions. In any action or proceeding to enforce rights
under this Agreement, the prevailing party will be entitled to
recover costs and attorney fees, whether or not a suit is actually
filed.
10.2
Control & Ownership of IP
Adhonorem.net will maintain and control ownership of all IP numbers
and addresses that may be assigned to you, and the Bureau reserves
in its sole discretion, the right to change or remove any and all IP
numbers and addresses.
10.3
Age
You certify that you are at least 18 years of age.
10.4
Transfer
You may not transfer or assign this Terms & Conditions Agreement
without the written consent of Adhonorem.net.
INSTRUCTIONS
After you have
reviewed the Terms & Conditions Agreement for Website Listing,
please print, sign, date, and fax the Acknowledgement of Receipt and
Execution Agreement to Adhonorem.net c/o Uniphil Traders
International (514-482-8099). Mail original to Adhonorem.net at the
address indicated below.
Adhonorem.net
Uniphil
Traders International
4819
Cumberland
Montreal,
Quebec
Canada H4V
2N5
Telephone:
Facsimile: (514) 482-8099
Email:info@adhonorem.net
ACKNOWLEDGMENT OF RECEIPT & EXECUTION OF AGREEMENT
The
undersigned acknowledges that they have received, read, accepted and
agreed to the Adhonorem.net’s Terms & Conditions Agreement for
Website listing dated September 5,2003 and incorporated by this
reference.
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ADHONOREM DIRECTORY WEB PAGE LISTING TERMS & CONDITIONS
AGREEMENT
WEBSITE LISTING TERMS & CONDITIONS AGREEMENT
1.
Definitions
1.1
Adhonorem Directory Web Page Listing refers to the development and
hosting of an Honorary Consular Representative’s information on the
website at AdHonorem.Net. This includes all the listing options
available to all.
1.2
Honorary Consular Representatives refers to all current Honorary
Consuls, Honorary Consul-Generals, Honorary Vice-Consuls and
Honorary Consular Agents duly appointed by their respective
countries and officially recognize by their host countries. .
1.3
Adhonorem Consular Listing refers to the exclusive prime listing of
Honorary Consular Representatives worldwide. There is only one
Class of Adhonorem Directory Web Page listing. Please refer to the
Website Listings Options for the detailed offerings.
2.
Adhonorem Consular Representatives Prime Listings
2.1
Listings in the Adhonorem website are exclusively reserved for
Honorary Consular Representatives worldwide.
2.2
Listed Honorary Consular Representatives must be current and are
required to be legally and officially appointed Honorary Consular
Representative of a country and officially recognize by host
country.
2.3
Listed Honorary Consular Representative must reflect a true and fair
description of their services in their information content.
2.4
Listed Honorary Consular Representatives must also ensure that their
information content is updated regularly.
2.5
Listed Honorary Consular Representatives must ensure that they honor
the payment terms as set out.
2.6
All information submitted to the Adhonorem.net by the listed
Honorary Consular Representatives shall be considered publicly
accessible. Important and private information should be protected by
Adhonorem.net.
3.
Adhonorem.net
3.1
Adhonorem.net reserves the right to exclude or remove Honorary
Consular Representatives from its web site if any of the above
conditions have not been met or for other reasons that may
compromise its objectives.
3.2
Adhonorem.net will provide the physical server, computer space and
other operating system software to operate and support the website
and its client (Honorary Consular Representatives) information in a
manner and standard acceptable in the Information and
Telecommunications Industry.
3.3
Adhonorem.net will be responsible content management within the
website, the backup of the data on its web server on a regular
basis, and for the maintenance of its server in order to maintain
the optimal performance of its server and providing uninterrupted
access.
4.
Payment Terms
4.1 Set Up Fee
You
will pay Adhonorem.net a one-time, non-refundable setup fee for the
design and development of your Website Listing option according to
the current Website Listing Information Schedule. Fifty (50) percent
of the set-up fee is applicable immediately upon confirmation of the
Agreement and the remaining balance is to be paid upon completion of
work.
4.2 Service Fee
You
will pay Adhonorem.net an Annual Service Fee (or hosting fee) for
the services we provide under this Terms & Conditions Agreement
according to our current Website Listing Information Schedule. The
service fee will be billed to you on the day the listing is uploaded
for viewing on the website.
4.3 Cancellation
In the
event that you cancel your listing on the website within 3 months
after paying your Annual Service Fee, you will be entitled to a 50%
refund on your Service Fee payment. Adhonorem.net retains the right
to charge you an administration fee and deduct this administration
fee from your Service Fee before refunding it to you. Cancellations
after the 3 month period will not be entitled to any refund of the
Annual Service Fee.
4.4 Breach
In the
event that Adhonorem terminates this Terms & Conditions Agreement
because of a breach, there will be no refund on the Annual Hosting
Fee.
4.5 Tax
These
fees are exclusive of GST and PST(Provincial) Tax as required by
the Government of Canada and the Adhonorem standard administration
fee in facilitating its activities. Honorary Consular
Representatives must furnish copy of tax exemption certificates or
reference tax exemption numbers.
5.
Representations and Warranties
5.1 Compliance with Law
You
represent and warrant that you will comply with all applicable
Canadian laws in your performance of this Terms & Conditions
Agreement and in the listings within the website, including the laws
governing technology, software and trade secrets.
5.2 Authority to Contract
You
represent and warrant that you have full authority and right to
enter into this Terms & Conditions Agreement and that there are no
conflicting claims relating to the rights granted by this Agreement.
5.3 Non Infringement
You
represent and warrant that your performance of this Terms &
Conditions Agreement and providing your information for listing,
including any software or data files, shall not infringe the
intellectual property or other proprietary rights of any third
party.
5.4 Adhonorem.net Performance
Adnorem.net
represent and warrants that its services shall be performed in a
professional manner and in accordance with its obligations as
defined in this Terms & Conditions Agreement.
5.5 Disclaimer of Warranties
EXCEPT
FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, ADHONOREM.NET MAKES NO
WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL
SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NO LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR FOR NON-INFRINGEMENT.
6.
Indemnity
6.1
You expressly agree that the use of the website is at your own risk.
Neither the Adhonorem.net, its employees, and affiliates warranty
that its services will not be interrupted or error free; nor does it
make any warranty as to the results that may be obtained from the
use of its website service or as to the accuracy, reliability or
content of any information serviced or merchandise contained in or
provided through our service, unless otherwise expressly stated in
this Terms & Conditions Agreement.
6.2
Under no circumstances, including negligence, will Adhonorem.net,
its officers, affiliates or anyone else involved in creating,
producing or distributing the information on the website be liable
for any direct, indirect, incidental, special or consequential
damages that result from the use or inability to use its website
service. Adhonorem.net will further not be liable for mistakes,
omissions, interruptions, deletions of files, errors, defects,
delays and operation, or transmission or failure of performance
whether or not limited to acts of nature, communication failure,
theft, destruction or unauthorized access to its records, programs
or services. You acknowledge that this paragraph shall apply to all
content on the website.
6.3
Your exclusive remedy for all damages, losses and causes of actions
whether in contract or tort (including negligence or otherwise) will
not (a) exceed the actual dollar amount of your Annual Service Fee,
or (b) include any incidental, consequential, extemporary or
punitive damages of any kind, including without limitation, loss of
data, file, profit, goodwill, time, savings or revenue.
7.
Term & Termination
The following
describes the effective date, duration, and method of termination.
7.1
Effective Date
The effective date of this Terms & Conditions Agreement is the last
date appearing at the end of this document.
7.2
Duration
This Terms & Conditions Agreement will commence on the Effective
Date and continue on a year to year basis. The billing process will
commence from the 1st day of the month immediately following the
Effective Date.
7.3
Termination for Convenience
Subject to Section 4.3, you may terminate this Agreement at any time
for your convenience by providing Adhonorem.net with a 1 month
advance written notice.
7.4
Breach or Default
The following constitutes a breach of default of this Terms &
Conditions Agreement:
- Failure
to pay the Annual Service Fee on the 1st day of the billing
month
-
Violation of Section 9.0
-
Violation of Section 5.1, 5.2 or 5.3
8.
Ownership Rights
Adhonorem.net
acknowledges that all right, title and interest in your website
listing content shall be solely owned by you. Adhonorem.net own or
have licensed all website software. In the event that it elects, at
its option, to provide custom software to you, this software will be
licensed to you for use only on the Adhonorem.net’s website on a
non-exclusive, royalty free, fully paid basis according to the terms
of this Agreement.
9.
Immediate Deactivation
Any website
listing that is used for Illegal, Abusive, or Unethical Activities
that is not in accordance with the objectives of Adhonorem.net will
be immediately deactivated without warning to you. Illegal, Abusive,
or Unethical Activities include but are not limited to, pornography,
obscenity, nudity, violations of privacy, computer virus, gambling,
or promotion of gambling, and any harassing or harmful materials or
uses as determined by Adhonorem.net.
10.
Miscellaneous
10.1
Governing Laws & Attorney Fees
This Terms & Conditions Agreement will be interpreted and applied in
accordance with the laws of Canada, without regard to the conflicts
of law provisions. In any action or proceeding to enforce rights
under this Agreement, the prevailing party will be entitled to
recover costs and attorney fees, whether or not a suit is actually
filed.
10.2
Control & Ownership of IP
Adhonorem.net will maintain and control ownership of all IP numbers
and addresses that may be assigned to you, and the Bureau reserves
in its sole discretion, the right to change or remove any and all IP
numbers and addresses.
10.3
Age
You certify that you are at least 18 years of age.
10.4
Transfer
You may not transfer or assign this Terms & Conditions Agreement
without the written consent of Adhonorem.net.
INSTRUCTIONS
After you have
reviewed the Terms & Conditions Agreement for Website Listing,
please print, sign, date, and fax the Acknowledgement of Receipt and
Execution Agreement to Adhonorem.net c/o Uniphil Traders
International (514-482-8099). Mail original to Adhonorem.net at the
address indicated below.
Adhonorem.net
Uniphil
Traders International
4819
Cumberland
Montreal,
Quebec
Canada H4V
2N5
Telephone:
Facsimile: (514) 482-8099
Email:info@adhonorem.net
ACKNOWLEDGMENT OF RECEIPT & EXECUTION OF AGREEMENT
The
undersigned acknowledges that they have received, read, accepted and
agreed to the Adhonorem.net’s Terms & Conditions Agreement for
Website listing dated September 5,2003 and incorporated by this
reference.
|
Country
Represented and Jurisdiction:
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DATE:
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SIGNATURE:
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BY:
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TITLE:
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CLIENT ID:
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ADHONOREM.NET |
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DATE:
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SIGNATURE:
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BY:
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TITLE:
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