Our Service Agreement

The term ‘CLIENT’ refers to COMPANY NAME . The term ‘AGREEMENT’ refers to all items listed below in this section. The term ‘CONTAINING DOCUMENT’ refers to the document called " SERVICE AGREEMENT " and the document this AGREEMENT appears within. The term ‘application’ and ‘project’ refers to, and is limited to, the actual work CORPORATEHOLIDAYECARDS.COM will carry out for the CLIENT as described in this CONTAINING DOCUMENT.

1. The Check for fees is payable to “ CORPORATEHOLIDAYECARDS.COM ” We will be pleased to start the project promptly after we receive your acceptance of this AGREEMENT, it's CONTAINING DOCUMENT, and provide to us any requested information and applicable professional fees.

2. In no event will CORPORATEHOLIDAYECARDS.COM be liable to the CLIENT or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential, special, punitive or aggravated damages or penalties (“Claims”) arising through operation of a regulation, statute or governmental rule arising out of the performance of services by CORPORATEHOLIDAYECARDS.COM or the use by CLIENT of products created by CORPORATEHOLIDAYECARDS.COM under this Agreement or the CONTAINING DOCUMENT. CLIENT shall comply with applicable privacy legislation in the jurisdictions in which CLIENT operates or uses CORPORATEHOLIDAYECARDS.COM services or products. CLIENT shall hold harmless, indemnify and defend CORPORATEHOLIDAYECARDS.COM against all Claims under this section 2.

3. In no event will CORPORATEHOLIDAYECARDS.COM be liable to the CLIENT or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential, special, punitive or aggravated damages or penalties arising through operation of a regulation, statute or governmental rule arising out of the use of inaccurate information provided by CLIENT in the performance of services by CORPORATEHOLIDAYECARDS.COM or the use by CORPORATEHOLIDAYECARDS.COM of information provided by CLIENT in products created by CORPORATEHOLIDAYECARDS.COM under this AGREEMENT or the CONTAINING DOCUMENT. CLIENT shall hold harmless, indemnify and defend CORPORATEHOLIDAYECARDS.COM against all Claims under this section 3.

4. In case collection proves necessary, CLIENT agrees to pay all legal or third party collection fees and disbursements incurred by CORPORATEHOLIDAYECARDS.COM in that process and compounded interest of 2% per month on the remaining amount due.

5. CLIENT represents to CORPORATEHOLIDAYECARDS.COM an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code or other artwork furnished to CORPORATEHOLIDAYECARDS.COM for use by CORPORATEHOLIDAYECARDS.COM are owned or properly licensed by CLIENT, or that CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, indemnify and defend CORPORATEHOLIDAYECARDS.COM from any claim or suit arising from the use of such elements furnished by CLIENT.

6. CORPORATEHOLIDAYECARDS.COM retains the copyrights and ownership to the source code/design of all files produced/developed/designed by CORPORATEHOLIDAYECARDS.COM during the course of providing its services to CLIENT under this AGREEMENT. If required by the project and after payment for the project is received, ownership of project production files (not files used in the development process) will be handed over to CLIENT. The CLIENT will lawfully respect all intellectual property rights of CORPORATEHOLIDAYECARDS.COM and not re-distribute, license, copy, lend, rent, re-use, reverse engineer, decompile, derive derivative works from or sell ownership of the project production files or any other files produced/developed/designed by CORPORATEHOLIDAYECARDS.COM to any other parties, unless otherwise clearly stated within the context of this AGREEMENT or the CONTAINING DOCUMENT.

7. CORPORATEHOLIDAYECARDS.COM retains the copyrights and ownership to any new technologies created as a result of carrying out its services to CLIENT under the CONTAINING DOCUMENT, unless otherwise clearly stated within the context of this AGREEMENT or the CONTAINING DOCUMENT. The CLIENT will lawfully respect all intellectual property rights of CORPORATEHOLIDAYECARDS.COM and not re-distribute, license, copy, lend, rent, re-use, reverse engineer, decompile, derive derivative works from or sell ownership of these new technologies to any other parties, unless otherwise clearly stated within the context of this AGREEMENT, the CONTAINING DOCUMENT or in writing from CORPORATEHOLIDAYECARDS.COM

8. CLIENT acknowledges they understand that despite best efforts by CORPORATEHOLIDAYECARDS.COM to ensure their e-card products are compatible with internet web browsers, there will inevitably be compatibility issues with some internet web browsers. Furthermore, CLIENT acknowledges they understand that should the aforementioned compatibility issue arise, CLIENT cannot use the issue as grounds for terminating this AGREEMENT.

9. CLIENT represents to CORPORATEHOLIDAYECARDS.COM an unconditional guarantee that for each email address provided to CORPORATEHOLIDAYECARDS.COM by CLENT, CLIENT has obtained lawful permission from each owner to send commercial electronic messages to their email address whereby 'lawful permission' implies that CLIENT has obtained said permission in accordance with the rules, regulations and laws outlined in the CAN-SPAM Act and CASL. The CLIENT will hold harmless, indemnify and defend CORPORATEHOLIDAYECARDS.COM from any claim or suit arising from the use of any email address provided by CLIENT.

10. CORPORATEHOLIDAYECARDS.COM represents to CLIENT an unconditional guarantee that confidential data provided to CORPORATEHOLIDAYECARDS.COM by CLIENT as required for services carried out by CORPORATEHOLIDAYECARDS.COM on behalf of the CLIENT will not be disclosed to any third-party or used in any way by CORPORATEHOLIDAYECARDS.COM other than the purpose for which it was intended. Any use other than that previously described must be agreed upon in writing by CLIENT and CORPORATEHOLIDAYECARDS.COM .

11. CLIENT agrees that use of the product designed by CORPORATEHOLIDAYECARDS.COM is limited to the year in which it was designed for CLIENT. For example, CLIENT is not permitted to re-use a holiday E-Card created and distributed to CLIENT for any subsequent holiday season following the holiday season in which it was initially intended and authorized for use. For greater certainty, the CLIENT may not use an E-card past October 31 in the year subsequent to the year of initial intended use by CLIENT.

12. Regardless of the place of venue, this AGREEMENT was entered into in Toronto, Ontario, Canada, and any dispute will be litigated or arbitrated in Toronto, Ontario, Canada pursuant to the laws of the Province of Ontario and federal laws of Canada applicable therein.

13. This AGREEMENT and this CONTAINING DOCUMENT combine to constitute the sole agreement between CORPORATEHOLIDAYECARDS.COM and CLIENT. If and when conflict arises between specific notions both described within this AGREEMENT and this CONTAINING DOCUMENT, the specific notions described within this AGREEMENT shall take precedent.

14. Any additional work not specified in the CONTAINING DOCUMENT will be estimated separately or would require amendment to this CONTAINING DOCUMENT.

15. In an event the scope of the project changes based on a request from the CLIENT, CORPORATEHOLIDAYECARDS.COM reserves the right to bill CLIENT for any costs incurred by CORPORATEHOLIDAYECARDS.COM to carry out the request. CORPORATEHOLIDAYECARDS.COM reserves the right to reject any project changes requested by CLIENT that CORPORATEHOLIDAYECARDS.COM feels are, but not limited to, non-essential, non-dependent, un-realistic, unnecessary, or change a portion of or the entire scope of the project.

16. In an event the CLIENT terminates the project during the course of the development of the project; in this case any advance(s) will not be refunded. Any payment(s) received by CORPORATEHOLIDAYECARDS.COM for a project prior to that project being completed constitutes as an ‘advance’. CORPORATEHOLIDAYECARDS.COM will audit progress up to the date of termination and bill CLIENT for development costs over and above those already covered by advances.

17. CLIENT acknowledges and agrees that CORPORATEHOLIDAYECARDS.COM relies upon CLIENT for timely production of CLIENT information, art, or other materials required for CORPORATEHOLIDAYECARDS.COM to perform the services in the CONTAINING DOCUMENT and as contemplated by this AGREEMENT. CORPORATEHOLIDAYECARDS.COM may terminate the project at anytime and any advance(s) will not be refunded in the event that CLIENT fails to cooperate with CORPORATEHOLIDAYECARDS.COM or unreasonably delays the project. Any payment(s) received by CORPORATEHOLIDAYECARDS.COM for a project prior to that project being completed constitutes as an ‘advance’. CORPORATEHOLIDAYECARDS.COM also reserves the right to obtain additional monetary compensation for work carried out that extend beyond the value of the work not covered by any prior advance(s).

18. By using the service or accepting receipt of a product, the CLIENT hereby agrees to all terms, conditions, and other items stated within this AGREEMENT and the CONTAINING DOCUMENT.

I hereby agree to all terms and notions set forth in this document and certify that I am authorized to bind COMPANY NAME to this agreement with CORPORATEHOLIDAYECARDS.COM on behalf of the CLIENT to carry out this project as specified in this CONTAINING DOCUMENT.