Cell Phone Greetings

By using the online services provided by On-Hold Marketing Inc., you accept to be legally bound by the general terms of service contained in the present agreement. If you would like to continue using services offered by On-Hold Marketing Inc., please check the “I accept the terms” button at the end of this agreement. Should you refuse to be bound by these terms of service, simply close the page.

GENERAL DESCRIPTION
On-Hold Marketing Inc. (hereafter called the “COMPANY”) provides to the CLIENT professional recording services for cell phones, voice messaging, e-learning, and much more. The CLIENT is responsible to verify the text to be recorded is accurate.

Any improvement or addition to online services offered by the COMPANY is subject to approval by both parties.

METHOD OF PAYMENT
Payment by credit card is the only method of payment accepted for online purchases from the COMPANY’s website. Visa, MasterCard and American Express are accepted.

Orders placed through the COMPANY’s website will be billed at the price indicated on the order page. To address unpredictable market fluctuations, the COMPANY reserves the right to change the prices of services offered via its website at all times and without prior notice.

COMPANY RESPONSIBILITIES
The COMPANY agrees to make commercially reasonable efforts to ensure delivery of audio compilations ordered via the online form within three (3) business days, excluding periods of system maintenance or any other cause outside of its control, including, but not limited to, disruption of telecommunications, unavailability of the Internet or unauthorized intrusion.

The COMPANY agrees to make reasonable technical efforts to offer hosted infrastructures that respect industry norms. However, given the public nature of the Internet, the CLIENT acknowledges and agrees that the security of communications via the Internet cannot be guaranteed.

The COMPANY offers support for its online services from its website at the following address: https://www.onhold.on.ca/, and by phone during normal business hours at the toll-free number 1 888-466-4653. The COMPANY ensures a response to all calls and emails within twenty-four (24) business hours.

CLIENT RESPONSIBILITIES
The CLIENT is responsible for the accuracy, quality, integrity and legality of the data supplied. The COMPANY is not responsible for verifying the content of CLIENTS’ texts, nor is the COMPANY responsible for detecting errors or anomalies found within.

The CLIENT is responsible for complying with any applicable law or regulation in its business sector in the context of use of the services.

The CLIENT agrees to not sell, resell or lease o services provided by the COMPANY.

The COMPANY reserves the right to disclose information it deems necessary in good faith i) to comply with any requirement of law or legal process or ii) to enforce the present user agreement.

DISCLAIMER OF WARRANTY
The COMPANY agrees to deliver professional services in accordance with industry standards and within the agreed-to deadlines. All of the services offered by the COMPANY are “as is” and “as available”. The COMPANY provides no contractual or legal warranty of any kind, either express or implied, for the content of its services.

CONFIDENTIALITY OF PERSONAL INFORMATION
The COMPANY collects and uses the CLIENT’s personal information in connection with the COMPANY’s activities and will not disclose this information to a third party unless it is judged necessary to do so in order to serve the CLIENT appropriately. Personal information will never be sold or disclosed for solicitation purposes.

However, the CLIENT acknowledges and agrees that in the context of the maintenance or and correction of anomalies in the online services, the COMPANY’s IT subcontractors may have electronic access to the CLIENT’s information. The COMPANY has made confidentiality agreements with its IT subcontractors to protect the confidentiality of client files.

FORCE MAJEURE
Neither party shall be considered in default regarding any failure or delay for the performance of its obligations hereunder caused by circumstances beyond their reasonable control or in the case of “force majeure”. “Force majeure” means any cause independent of the will of the parties and against which they had no control over or protection from, including but not limited to any fortuitous event, war, riot, act of terrorism, government regulation or control, fire, flood, strikes or labour disputes, unavailability or failure of communications means or service, including but not limited to the Internet, access to cable telephony, power failures and other similar events. It is understood and agreed, however, that delays due to “force majeure” in a particular region will not affect the work schedule of other regions.

The party who is prevented from fulfilling its obligations must advise the other party immediately and detail the nature of the cause for delay and probable consequences. In the event of such delay and if the obligation postponed may still be reasonably resumed, performance date shall be appropriately adjusted between the parties.

NOTICE
The COMPANY can transmit notices or additional information to the email address provided for in the CLIENT’s contact information. These messages will be considered as received and read on the date they were sent. The CLIENT is responsible for maintaining the provided electronic mail address active and notifying the COMPANY of any changes to contact information. The COMPANY shall not be held liable for any situation resulting in the transmission of an electronic message to the email address specified by the CLIENT which is not in working order.

The parties to this contract are and shall remain independent contracting parties. The present agreement does not create any partnership, franchise, joint venture, mandate, employment or deed of trust between the parties.

GOVERNING LAW AND JURISDICTION
The present agreement shall be governed and construed by the laws of the Province of Ontario and by the Laws of Canada, excluding conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods, if applicable. The parties hereby irrevocably submit any litigation arising out from the present agreement to the jurisdiction of the Courts of the Province of Ontario.

ENFORCEABILITY OF THE ONLINE VERSION
The CLIENT acknowledges that the present user agreement has the same force and the same value as if it had been signed by the CLIENT. A printed version of the present agreement or any notice sent by electronic mail will be admissible in litigation as any other business document of the enterprise or register generally kept in paper format.

ENTIRE AGREEMENT
The present user agreement and its subsequent amendments constitute the entire agreement between the parties and supersede any other verbal or written representations or preliminary contract that may have preceded the present agreement.