Web Services Terms of Sale

Please note that the clauses set out in these terms of sale for web services form an integral part of the contract signed by the client. As soon as your contract refers to this page, these clauses take effect. In commercial law, any contract that refers to supplementary clauses published online may incorporate those clauses, which keeps the contract itself shorter. Speak to a legal advisor: what applies here is not consumer protection law, but commercial law. CyberPerformance also undertakes to notify its clients by email whenever a change is made. Last modified May 11, 2020 at 11:04 The client is advised that all telephone communications between CyberPerformance and the client may be recorded (both incoming and outgoing), without further notice or delay. This notice also applies where CyberPerformance works with a partner, a supplier or any other party connected to the client. Communications may be recorded, and any statements made may be used as evidence in eventual legal proceedings. In addition to the conditions listed in the signed contract, the client undertakes to act in good faith toward CyberPerformance, its employees, its collaborators, its suppliers, its subcontractors and any other party that CyberPerformance considers relevant to the performance of the contract. Should the client breach this condition, CyberPerformance reserves the right to notify the client in writing that the working relationship is not respectful and breaches this clause, and further reserves the right to end the business relationship at its sole discretion following that written warning. The parties also agree that if the client breaches this clause, the full amount of the contract is owed to CyberPerformance as damages, even if CyberPerformance does not finish the work (regardless of how far along the contract may be). To ease the client's finances, CyberPerformance offers payment arrangements, often in the form of a deposit (50% on signing and the other 50% two weeks later). Should the contract signed with CyberPerformance not be paid in full, the parties agree to the following: -CyberPerformance must issue a written warning to the client before starting the procedure below. CyberPerformance may, at its sole discretion, start this process within whatever timeframe it chooses, and may just as easily start it one day after as fourteen days after the payment was due from the client. Following the written warning, CyberPerformance will suspend the work and every task provided for in the contract. The parties agree that, in the event of non-payment, CyberPerformance is fully entitled not to carry out the tasks provided for in the contract, to demand payment of the contract in full if the first payment was not made on time, and to claim the damages described below if the client does not remedy the non-payment within seven days of the written warning. This written warning does not need to have been read by the client: the date of the email or of the message left on the client's voicemail is enough to establish that the period granted has expired. The client waives any right to hold CyberPerformance liable for any harm this action may cause. The client agrees, however, to pay CyberPerformance base damages set according to the type of project covered by the contract between the client and CyberPerformance. On that basis, here is what the parties agree to as base damages by contract type / project type and this in addition to the amount still outstanding on the full contract price. -Website invoiced at less than $10,000 CAD: damages of $9,500 (nine thousand five hundred dollars) CAD as damages -Correction / optimization work on a Google business listing, Google & Bing: $4,500 CAD (four thousand five hundred dollars) as damages -Virtual tour: $5,000 CAD (five thousand dollars) as damages -Website invoiced at more than $10,000: damages set at three times the amount determined in the website contract -Application: base damages of $250,000 CAD -Online advertising contract: $12,500 per year agreed to in the contract as base damages. The client further acknowledges that CyberPerformance will start legal proceedings only after a written warning. On that point, the parties agree that any sums incurred by CyberPerformance in order to enforce any contract signed with a client are payable by the client, without further notice or delay. The client must pay these sums to the supplier chosen by CyberPerformance every 5 (five) days following the issuance of the invoice from the supplier chosen by CyberPerformance. If the client refuses to pay these fees after written notice, and after the written warning of breach of the original contract, the parties agree to base damages of $500,000 CAD (five hundred thousand dollars) with interest at 35% per year, payable to CyberPerformance. These measures are in place to guarantee that the client will honour the contract signed with CyberPerformance, and they will be used as a last resort, in accordance with the timeframes set out here.