Article I Your Client Account
To be a Zenith Media Canada client, you must be an adult. Your account must always be up to date and must at least contains : Last name, First Name, email address, a phone number, a payment method (Bank card or Paypal account).
You are responsible of the choice of your password (we impose you a minimum of 8 characters) and of any use of it either by you or by third parties.
Article II Your responsibilities
Service backup is done under your entire responsibility and as such you must assume any eventual consequences (malfunctions, security, confidentiality, risks, legal liabilities, etc...).
You acknowledge knowing, understanding and complying with all laws applicable to your service/solution and data according of the physical hosting location, (notably, but not exhaustively, laws regarding personal data, intellectual properties ...). You agree to address diligently and quickly any abuse notifications sent by third parties (spam, DMCA, DOS/DDOS, attack, phishing...)
You must not put content under copyright for which you don't have rights and/or authorisation.
You alone, assume the risk of data loss, and as such, it is your responsibility to always have an up-to-date backup of your data.
Article III Prohibited Use
COMPUTER ATTACKS, MISUSE OF SERVICE, COPYRIGHT INFRINGING FILES, ILLEGAL CONTENT (CHILD PORNOGRAPHY, RACIST, ETC..), TORRENT, ANONYMIZATION SERVICES, SPAM, MALWARE, PHISHING, WAREZ, ...
Article IV Billing
Prices are shown in Canadian Dollars and exclude taxes. All your consumption is calculated daily and you are billed at the beginning of the next month. Then the payment is made using your payment method. In the eventuality of a high resources consumption, Zenith Media Canada may collect the payment during the month to ensure the continued operation of your Services or Solution.
The solutions are billed by the hour, and the traffic is billed by GB above your selected plan every month. Any initiated hour is billable. The storage service is billed by GB per month.
Article V Confidentiality
Zenith Media Canada guarantees the confidentiality of your data in our Datacenters where the data of the Zenith Media Canada Service is duplicated, only our employees and service providers can intervene on our machines and nobody else. We may be forced to disclose your personal information to the judicial authorities, but we ensure the strictest compliance with Canadian law.
Article VI Termination
Zenith Media Canada reserves the right to suspend your service without prior notice if it does not comply with this contract, constitute a risk to the infrastructure (whatever it is), that your activity is likely to engage liability (especially criminal) for Zenith Media Canada.
You can cancel your service at any time in your interface, but you remain liable for all amounts due to consumption made so far and still unpaid. Some solutions require long term commitment if you decide to cancel before your contract a 250.00$ Canadian dollar charge will be billed on your account, or the remainder of the amount of the contract witch ever is larger.
Article VII Zenith Media Canada Responsibility
We decline any liability in the following situations;
Fault, negligence, omission or failure of your part, failure to comply with given advices;
Fault, negligence or omission of a third party over which we have no oversight control;
Service shutdown for any reason covered by this contract;
Disclosure or unauthorized use of your password;
Deterioration of the application;
Misuse of the service by you, colleagues (if company), users and/or customers;
Partial or total destruction of information transmitted or stored as a result of errors that are attributable directly or indirectly to you; • Intervention on the service by a third party that you have not authorized
Zenith Media Canada can not be held responsible for the content of informations, sound, text, images, form elements, data available on the sites hosted on your Service, transmitted or uploaded by you and for any reason whatsoever.
Zenith Media Canada cannot be held liable for the total or partial non-fulfillment of an obligation and/or failure of the Internet transport network operators and especially of your Internet Service Provider(s).
You hereby acknowledge that fluctuations in bandwidth and the vagaries of your Internet Service Provider are elements that can cause a discontinuity of the service offered by Zenith Media Canada and external to our technical resources.
As a reminder, Zenith Media Canada does not assume the backup of your data, this is a specific provision that you must assume. We will do our best to save data whenever possible.
It is up to you to take all the necessary measures to safeguard your data in case of loss or damage, regardless of the cause, including those not specifically covered by this contract. Zenith Media Canada gives no warranty regarding the consequences of the use of the service by you, especially regarding the security and the preservation of the aforementioned data.
Zenith Media Canada reserves the right to perform maintenance operations that can disrupt the service. Whenever possible, these maintenance operations will be announced on the site zenithmedia.ca or its subdomains.
Article VIII General Provision
The fact that Zenith Media Canada does not prevail at a given time of any of these terms and/or tolerate a breach by the other party of any of the obligations contained in these terms cannot be interpreted as waiver by ZENITH MEDIA CANADA to subsequently enforce any of these conditions.
The online general and special conditions prevail over the printed general and special conditions. The parties agree that ZENITH MEDIA CANADA has the full right to modify its service without further formality than informing online and/or to publish online its modification to the terms and conditions. Any modification or introduction of new subscription options will be published online on the ZENITH MEDIA CANADA site or by e-mail to your email address.
The invalidity of any provision of the service contract subscribed with ZENITH MEDIA CANADA, under the application of a law, a regulation or following the decision res judicata of a competent court will not cause the nullity of the other terms of the contract which will keep their full force and scope.
In this case, the parties shall as far as possible replace the annulled provision by a valid provision corresponding to the spirit and purpose of the contractual conditions.
For any electronic exchange of information, the date and time of the ZENITH MEDIA CANADA server will prevail between the parties. This information will be retained by the PROVIDER throughout the period of contractual relations.
All notices, communications, demands under the terms and conditions will be deemed to have been validly delivered if sent by registered letter with request for receipt notice to :
For the PROVIDER : ZENITH MEDIA CANADA 8139 Rue Nicolet - Brossard (Quebec) - J4Y2S7 - Canada
For YOU : to the postal address and / or e-mail listed in your Account.
Advertising and promotion :
For publicity purposes, demonstrations, seminars and specialized publications in professional markets, ZENITH MEDIA CANADA may rely on the services provided to the client as well as its commercial documents and/or its board.
Article IX Applicable Law and Jurisdiction
This contract, its interpretation, execution, application, validity and effects are subject to the applicable laws in force in the Province of Quebec and Canada, which govern in part or in full all provisions that it contains.
The parties agree that all legal proceedings will be instituted and heard before the courts having jurisdiction in the judicial district of Montreal, province of Quebec where the parties elect their place of residence.
YOU RECOGNIZE TO BE AWARE THAT THE ZENITH MEDIA CANADA SERVICE RUN ON A SHARED INFRASTRUCTURE AND COMMON FOR ALL ZENITH MEDIA CANADA USERS. ZENITH MEDIA CANADA CANNOT HAVE ANY LIABILITY FOR ANY DAMAGES, COSTS OR LOSSES ARISING TO YOU (AND YOUR CLIENTS) DUE TO AN ACT OR THE MATERIAL OF ANOTHER USER OF THE SERVICE OR FAILURE TO ACT FROM ANOTHER USER OF THE SERVICE. THE CONTRACTUAL LIABILITY, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE OF ZENITH MEDIA CANADA TO YOU (OR YOUR CLIENTS) IN RELATION WITH THE EXECUTION OR NON- EXECUTION, DEPENDING WHICH, OF ANY OBLIGATION ARISING OUT OF THIS AGREEMENT, IN RESPECT TO ANY CLAIM WHATSOEVER SHALL BE LIMITED AND IN NO EVENT CAN EXCEED THE ENTIRE COST PAID BY YOU TO ZENITH MEDIA CANADA UNDER THIS AGREEMENT DURING THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM TOOK PLACE. ZENITH MEDIA CANADA SHALL IN NO EVENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONCESQUENTIAL OR PUNITIVE DAMAGES.
Zenith Media Canada
8139 Rue Nicolet
This document was last updated on November 16th, 2016