Terms of Service
These Terms of Service (“Agreement”) sets forth the terms and conditions under which 9391-6807 QUÉBEC INC., doing business as ZADDONS TECHNOLOGIES, (“Zaddons”) will provide the client (“Client”), having entered into an agreement, purchase order or other ordering document (“Order”) with Zaddons, one of Zaddons’ affiliates or authorized third-party reseller, with software, software as a service (SaaS), Infrastructure as a Service (IaaS), and/or Platform as a Service (PaaS), as well as related hosting services or subscription services (“Software”), subject to the terms and conditions herein. Zaddons and Client may each be referred to herein as a “Party”, and together as the “Parties”.
BY ACCESSING OR USING THE SOFTWARE THE CLIENT AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND BECOME A PARTY THERETO. IF THE CLIENT DOES NOT AGREE TO THESE TERMS, THE CLIENT SHOULD NOT ACCESS, OR USE THE SOFTWARE.
Client shall pay Zaddons, or one of Zaddons’ affiliates or authorized third-party reseller, as applicable, the fees, upfront, according to Client’s number of employees, at Zaddons then current price list or the fees otherwise specified in the Order (“Fees”) for the use, support and maintenance of the Software. Zaddons may audit Client’s actual use of the Software at any time and at any frequency, in its sole discretion. In the event such audit shows Client has underpaid for the access or use of the Software, the Fees shall be adjusted accordingly.Fees do not include sales taxes on goods and services required by various governmental authorities, including without limitation, the federal, provincial and/or state sales tax or any other sales tax on goods and services that may be applied to the Software by a foreign government, as applicable. The sales taxes payable by law will be added to the Fees.
Zaddons represents and warrants that Zaddons has the right to grant the access and use of the Software to Client.THE SOFTWARE IS PROVIDED “AS IS” and “AS AVAILABLE”. Zaddons DOES NOT WARRANT THAT THE SOFTWARE WILL MEET Client’s REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED WITHOUT ANY CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.