The Terms and Conditions were updated and is effective on: February 20th, 2020.
1. PURCHASE OF ADVERTISING SERVICES. PACD LAZER MARKETING INC. sells to the client, who purchases same, the services described on the reverse side of this contract (the "Advertising Services") for the indicated monthly or lump sum fee (the “Fees”) and pursuant to the current Terms and Conditions (the “Contract”). Following the date of the execution of this Contract, PACD LAZER MARKETING INC. will on or about the date indicated: provide the Advertising Services; publish the print and online advertisement in selected TERMS AND CONDITIONS.
2. COLLABORATION. The client shall respect stipulated product fulfillment timelines and provide PACD LAZER MARKETING INC. all information as may be reasonably required to fulfill its obligation under this Contract. Should the client not provide all information required or fail to respect stipulated product fulfillment timelines, PACD LAZER MARKETING INC., after reasonable effort to communicate with the client, may begin billing client the Fees and provide the Advertising Services as is.
3. APPROVAL OF THE CLIENT'S CREDIT. The client acknowledges that this Contract is strictly conditional upon PACD LAZER MARKETING INC.'s approval of the client's credit. PACD LAZER MARKETING INC. may cancel this Contract if it deems, at its sole discretion, that the client's credit is not satisfactory. The client therefore authorizes PACD LAZER MARKETING INC. to conduct all usual enquiries with third parties regarding the client's solvency and credit and to record in the client's file and disclose to third parties information regarding the client's credit.
4. VARIABLE TERM AND AUTOMATIC RENEWAL 4.1 Advertising Services are automatically renewed for consecutive subsequent periods (each a "Renewal Period") equal in length to the initial term (the “Initial Term”) (Renewal Period and Initial Term collectively referred to as the “Term”), unless the client gives PACD LAZER MARKETING INC. a written notice of non-renewal at least 1 month before the end of the Initial Term or any Renewal Period. Notwithstanding the foregoing PACD LAZER MARKETING INC. may at its discretion cease offering Guaranteed Placement products in high demand markets/categories to the client where PACD LAZER MARKETING INC. has been unable to attain the client’s confirmation of renewal. 4.2 The client acknowledges that PACD LAZER MARKETING INC. may, from time to time, change the date of closing or of publication of the PACD LAZER MARKETING INC. print products relating to the Advertising Services purchased, and that any Initial Term or Renewal Period, typically of 6 or 12 months, may be reduced or increased, at PACD LAZER MARKETING INC.'s sole discretion, and the corresponding Fees reduced or increased proportionally to the reduction or increase in the Initial Term or the Renewal Period. The parties agree that no adjustment to the Fees shall be made when the Initial Term or Renewal Period is not reduced or extended by more than 1 month.
5. INCREASE OF FEE. The Fees due pursuant to this Contract may be increased annually by PACD LAZER MARKETING INC., in accordance with its standard practices. The client shall
pay PACD LAZER MARKETING INC. the increased Fees upon receipt of a notice of increase from PACD LAZER MARKETING INC..
6. LATE CHARGES. The client undertakes to pay the Fees due pursuant to this Contract upon receipt of PACD LAZER MARKETING INC.'s invoice which may be included in the client's telephone service provider's invoice or forwarded directly by PACD LAZER MARKETING INC.. An interest rate of 1.25% per month compounded monthly (16.07% per year) applies to any amount remaining unpaid 1 month following receipt of the invoice.
7. EARLY TERMINATION. PACD LAZER MARKETING INC. may terminate this Contract or any portion of the services provided hereunder at any time for any reason by providing the client with a thirty (30) day written notice. PACD LAZER MARKETING INC. shall reimburse all Fees and other charges for unrendered services paid by the client. That sum is paid as liquidated and ascertained damages by PACD LAZER MARKETING INC. to the client as full and final settlement and satisfaction of PACD LAZER MARKETING INC.’s entire liability for any loss, damages, costs and/or expenses suffered or incurred by the client arising from an early termination. Unless terminated in accordance with section 4, the client may not unilaterally terminate this Contract.
8. DEFAULT 8.1. The client shall be in default of this Contract should any one of the following occur (a) the client does not pay the Fees due pursuant to this Contract; (b) the client ceases doing business (c) the client reproduces either a portion of or in its entirety the Advertising Services created by PACD LAZER MARKETING INC. in any other media without PACD LAZER MARKETING INC.’s consent (hereinafter collectively referred to as a “Default”); 8.2. On the occurrence of any Default, PACD LAZER MARKETING INC. may terminate this Contract immediately. Furthermore all Fees for the remaining Term under this Contract shall become immediately due and payable to PACD LAZER MARKETING INC. as liquidated damages.
9. NO REPRESENTATIONS BY PACD LAZER MARKETING INC.; NO WARRANTY OF SUCCESS FOR THE CLIENT. The client acknowledges that, in order to promote the Advertising Services, PACD LAZER MARKETING INC. may convey data, including statistics, estimates of performance or other types of information, which illustrate the results obtained by certain PACD LAZER MARKETING INC. clients, or average results obtained by certain groups of PACD LAZER MARKETING INC. clients. PACD LAZER MARKETING INC. declares that such data is, to the best of its knowledge, accurate and that said data has been obtained from credible and independent sources. The client also acknowledges that such data is conveyed solely for informational purposes, that PACD LAZER MARKETING INC. does not conduct any analysis regarding the client's business and that consequently, the results obtained by the client may vary considerably from client to client.
10. THIRD PARTY CONTENT. The client acknowledges and agrees that PACD LAZER MARKETING INC. may aggregate, display and publish third party content related to the client, as well as publish the client’s content to third party partners of PACD LAZER MARKETING
INC.. Further, the client acknowledges and agrees that PACD LAZER MARKETING INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with third party content or the publishing of client’s content to third party partners. The client releases PACD LAZER MARKETING INC. from all liability with respect to third party content or the publishing of client’s content to third party partners.
11. CLIENT'S WARRANTY. The client warrants that it is authorized to publish the advertisement under the territory indicated on the Contract, and to display the digital advertisement and the Website. The client warrants that it holds all permits or licences which may be advertised, including any license to practice issued by any professional or other regulatory body exercising its jurisdiction over the client's activities. The client further warrants that it holds all the rights to use the trade-marks or trade names included in the print and digital advertisement and the Website and that such use does not violate any provision of any law or statute, including the Trade-Marks Act, the Copyright Act and any other law or statute relating to intellectual property.
12. LIMITATION AND EXCLUSIONS 12.1. The client acknowledges that PACD LAZER MARKETING INC. provides a very large number of advertising services and that errors may thus occur. PACD LAZER MARKETING INC. cannot provide the Advertising Services, on an economic basis, without the benefit of a limitation of liability clause. Consequently, the client also acknowledges that such a limitation of liability clause is a material basis of this Contract, that such a limitation of liability constitutes an essential consideration of PACD LAZER MARKETING INC.'s undertaking to offer the Advertising Services for the Fees agreed upon. 12.2. In the case of any error or omission in the Advertising Services, PACD LAZER MARKETING INC.'s liability will be limited to the sum of the Fees due pursuant to this Contract for the Initial Term or any applicable Renewal Period for the affected Advertising Services. The client acknowledges that the present limitation of liability equally applies to third party vendors of PACD LAZER MARKETING INC., if applicable. The client must notify PACD LAZER MARKETING INC. of any errors or omissions in the Advertising Services within thirty (30) days of PACD LAZER MARKETING INC. having provided the Advertising Services. Should the client not notify PACD LAZER MARKETING INC. within said notice period, the client shall forfeit all rights related to such errors or omissions.
13. MODIFICATIONS TO THIS CONTRACT BY PACD LAZER MARKETING INC.. The client acknowledges that PACD LAZER MARKETING INC. may, from time to time, update these Terms and Conditions and the Advertising Services. PACD LAZER MARKETING INC. may modify the Advertising Services if said modification is to the advantage of the client or such modification does not substantially affect the rights and obligations of the client. The client is bound by any such modifications from the moment the client receives a notice to that effect. The current version of the Terms and Conditions can be found at PACD LAZER MARKETING INC..ca or obtained by calling us directly.
14. ASSIGNMENT. PACD LAZER MARKETING INC. may assign this Contract or any of its obligations and any payment due under it to a third party without prior written consent from the client. The client may not assign this Contract without PACD LAZER MARKETING INC.’s prior written consent. If the client sells its business or its assets, then the client shall promptly notify PACD LAZER MARKETING INC. and PACD LAZER MARKETING INC. may consent to the assignment.
15. PACD LAZER MARKETING INC.'S TRADE-MARKS AND PROPERTY OF THE ADVERTISING SERVICES. The client acknowledges that it is not authorized to use PACD LAZER MARKETING INC.'s name or any of its trade-marks without the prior written consent of PACD LAZER MARKETING INC.. The client also acknowledges that PACD LAZER MARKETING INC. owns the intellectual property rights related to the Advertising Services, including but not limited to the print and digital advertisement. The client undertakes not to reproduce same without PACD LAZER MARKETING INC.'s prior written consent.
17. CANCELLATION: The client has two business days from the date signed to review the Terms and Conditions as outlined above should they choose to void their agreement. Once this period has ended, the client has to submit a written request to cancel their services to PACD LAZER MARKETING INC.. For BASIC and STANDARD packages, the client must pay all advertising up to 30 days after the cancellation request has been received. For our PREMIUM and PLATINUM packages, the client will need to pay for all services for the six or twelve month term as previously agreed to.
18. JURISDICTION. This Contract is governed by the laws applicable in the Canadian province where it is entered into.
19. ELIGIBILITY: Contest only open to residents of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, PEI, and Newfoundland and Labrador. Territories are eligible for Deals, Gift Cards, Giveaways and National Contests.
20. OFFERS: Deals, Gift Card Giveaways and National Contests: Household must have 1 child under the age of 9 years old to qualify. Only one entry per household. See contest Rules & regulations page for further individual contest eligibility requirements