Terms of Use

  • 1. THE PARTIES
  • This document "BUZZMAX.CA Terms of Service", hereafter referred to as the "Agreement", is agreed between ZINAM CONSULTING INC., hereafter referred to as "BUZZMAX.CA" OR "WWW.BUZZMAX.CA", and the person or party identified in the Signup Form or Registration Form or the actual user of the service. BUZZMAX.CA is a product of ZINAM CONSULTING INC., which is a registered corporation under the laws of Province of Ontario. In the case of a company application, this is the person signing on the company's behalf and who by registering acknowledges having power of representation for that company.
  • This person is hereafter referred to as the "Customer". The "Customer" is required to provide the necessary identification and in the case of company applications, the registration number, as specified in the Registration Form on the BUZZMAX.CA website (www.BUZZMAX.CA).
  • 2. PRELIMINARY TERMS
  • Electronic Signatures and Agreement(s): The Customer hereby agrees to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through h the www.BUZZMAX.CA website. Furthermore, the Customer hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
  • Acceptance of agreement(s): The Customer hereby agrees that if he is using BUZZMAX.CA services, he has agreed to our Terms of Services & Acceptable Use Policy & Fair Use Policy. If you don't agree with either of these policies, please do not use our products or services and return all the equipment (if required) as soon as possible..
  • NO EMERGENCY CALLS: by entering into this Agreement the Customer acknowledges and agrees that the BUZZMAX.CA infrastructure does not and does not intend to support or carry emergency calls.
  • No Callback Calls: by entering into this Agreement the Customer acknowledges and agrees that the phone numbers provided by BUZZMAX.CA cannot be used for callback applications.
  • Jurisdiction s Restrictions: if the Customer is residing in a jurisdiction where it is forbidden by law to offer or use Internet telephony, the Customer may not enter into this Agreement. By entering into this Agreement the Customer explicitly states that he has verified in his own jurisdiction if the use of Internet telephony is allowed.
  • The Customer shall be sole responsible, bear all costs (including reasonable lawyers costs) and will hold BUZZMAX.CA harmless, if he breaches the Jurisdiction restrictions.
  • 3. PURPOSE:
  • This Agreement relates to communications services ("Services") offered by BUZZMAX.CA for use by the Customer, and defines the terms and conditions under which these services are provided by BUZZMAX.CA and accepted and used by the Customer. These services are offered under the BUZZMAX.CA trading name. BUZZMAX.CA reserves the right to refuse any application with or without providing any reason to the Customer.
  • 4. FORMATION OF CONTRACT
  • 4.1 Any error, omission or typographical error in any quotation, offer, sales information, invoice, or document supplied by BUZZMAX.CA shall be subject to correction on notice from BUZZMAX.CA and without liability.
  • 4.2 BUZZMAX.CA may vary any provision in this Agreement, without prior consent from the Customer, if such change is required because of regulatory, insurance, safety or statutory changes made after the date of this Agreement.
  • 5. RESPONSIBILITIES AND OBLIGATIONS
  • 5.1. BUZZMAX.CA
  • 5.1.1. BUZZMAX.CA endeavours to provide the Customer with network service and service numbers, but Not with standing this, BUZZMAX.CA is not obliged to supply service numbers requested by the Customer. Any service number provided by BUZZMAX.CA to the Customer would all ways remain the property of BUZZMAX.CA. BUZZMAX.CA may also change numbers supplied to the Customer if this is required for Business, operational, regulatory, statutory or legal reasons, and in such instance shall notify the Customer as soon as is reasonably practical.
  • 5.1.2. BUZZMAX.CA will make all reasonable efforts to maintain equipment suitable for handling and terminating calls.
  • 5.1.3. BUZZMAX.CA shall provide the Customer with reasonable technical and sales support, which BUZZMAX.CA in its sole discretion shall consider necessary and appropriate.
  • 5.1.4. BUZZMAX.CA may from time to time make changes to equipment used to handle calls and provide the service. Such changes are at the sole discretion of BUZZMAX.CA, and may be made without prior consent from the Customer.
  • 5.2. Customer
  • 5.2.1. The Customer shall pre-pay their account to ensure that their account is at all times in credit. Should the Customer's account reach zero credit the service as prescribed shall automatically be suspended until a new payment is received and confirmed. In order to re-activate the service, Customer is liable to pay the Activation Fee.
  • 5.2.2. The Customer shall ensure that they will use this service for the domestic use only. The Customer cannot re-sell or sell any product, services operated through BUZZMAX.CA or use BUZZMAX.CA technology.
  • 5.2.4. The Customer shall ensure that services are not used for any unlawful purpose whatsoever including the transmission or offering of any information or services which are unlawful, abusive, harmful, threatening, defamatory, or which in any way infringe copyright, intellectual property rights, trademarks, or which is pornographic, or any other material that may cause offence in any way.
  • 5.2.5. The Customer specifically agrees to indemnify BUZZMAX.CA against all costs and liabilities arising out of all claims which result from, or involve an allegation of, any breach of clause 5.2.4.
  • 5.2.6. The Customer shall co-operate with BUZZMAX.CA in relation to any complaints, enquiries or investigations regarding services offered by the Customer. The Customer shall, at the discretion of BUZZMAX.CA, without limitation bear in full any costs associated with such complaints, investigations, or enquiries or any action whether or not bought by or against BUZZMAX.CA.
  • 5.2.7. The Customer shall ensure that any third party using its facilities to use BUZZMAX.CA services shall be bound by the terms of this Agreement.
  • 5.2.8. The Customer is responsible for ensuring that no third party intellectual property right is infringed by its choice of telephone number for a particular service and will hold BUZZMAX.CA harmless against all costs and liabilities arising out of a breach or allegation of a breach of any such third party s intellectual property rights.
  • 5.2.9. All notices, requests or other communications shall be in writing and addressed to the Customer by email. The Customer bears all responsibility concerning the reception of the BUZZMAX.CA mails, he agrees to keep his email address updated at all time, he will inform BUZZMAX.CA of any modification of his email address within 24 hours of the moment of modification.
  • 6. ASSIGNMENT
  • 6.1. The Customer shall not assign the rights and obligations of this Agreement to any other party without the express permission in writing of BUZZMAX.CA.
  • 6.2. BUZZMAX.CA may assign the rights and obligation of this Agreement to a third party without the prior consent of the Customer.
  • 7. PROVISION OF SERVICES AND WARRANTIES
  • 7.1. BUZZMAX.CA cannot provide a fault free service. BUZZMAX.CA gives no warranty that its network or services shall be continuous, or will be free from faults. BUZZMAX.CA will, however, take steps to ensure its network and services are reasonably fault free, and that service is reasonably uninterrupted.
  • 7.2. In addition to clause
  • 7.1, BUZZMAX.CA gives no warranty or guarantee
  • that the service is satisfactory or suitable for the Customer's purposes. All warranties relating to the service from BUZZMAX.CA are excluded, even if implied by statute.
  • 7.3. The parties acknowledge that no representations, warranties or statements made prior to concluding this Agreement forms any part of the contract, nor has induced either party.
  • 7.4. The Customer acknowledges that:
  • 7.4.1. No representation, warranty or statement other that detailed in this Agreement, forms any part of a Contract, nor has induced the Customer to use BUZZMAX.CA.
  • 7.4.2. The service provided by BUZZMAX.CA was not designed for the Customer's individual requirements, and it is up to the Customer to decide if the service provided by BUZZMAX.CA is of satisfactory quality and fit for the purpose for which it is used.
  • 7.4.3. BUZZMAX.CA is reliant on a third party for delivery of inbound calls, and therefore BUZZMAX.CA can have no liability of whatever nature for any delay in provision of the same or for concerning the use of the service by the Customer, moreover BUZZMAX.CA makes no warranty that its network or services shall be continuous, or will be free from faults.
  • 8. RATES & PAYMENTS
  • 8.1. All accounts are to be pre-paid by and will operate on a run-down basis. It is the sole responsibility of the Customer to ensure sufficient credit remains on the account for usage. Credit will only be added to an account upon confirmation of cleared funds being in BUZZMAX.CA bank account.
  • 8.2. BUZZMAX.CA may at any time vary the rates detailed on this website without providing any notice of such change.
  • 8.3. BUZZMAX.CA will NOT provide a monthly invoice for this Services.
  • 8.4. In the event that any sums due to BUZZMAX.CA under this Agreement are not paid by the due date then BUZZMAX.CA shall be entitled to immediately terminate this Agreement and charge interest at 7% over the base rate used by Canadian Banks for their main refinancing operations, at that time.
  • 8.5. All rates detailed on this website shall be exclusive of all taxes or duties.
  • 8.6. The Customer's call minutes and data usage shall be calculated according to data logged by BUZZMAX.CA which shall be accepted, except in the case of manifest error, as being conclusive for the determination of revenues due to the Customer.
  • 8.7. In case the Customer does not fulfill his payment obligation under this agreement after the date of a final notice, parties agree that BUZZMAX.CA will cancel the service and will send customers account to a third party collecting agency.
  • 9. TECHNICAL SUPPORT
  • 9.1. BUZZMAX.CA may without liability, prior warning or consent of the Customer, suspend the service, in the event that it wishes to carry out maintenance, upgrade works, or back-ups. BUZZMAX.CA will take steps to keep any consequent disruption to the service to a reasonable minimum.
  • 9.2. In the event that the Customer becomes aware of any faults with the service, it shall notify BUZZMAX.CA as soon as is practicably possible.
  • 9.3 BUZZMAX.CA will only provide support to its customers as per the schedule available on their website on a best effort basis.
  • 10. INTELLECTUAL PROPERTY RIGHTS
  • 10.1. All Intellectual Property Rights owned by one party shall remain vested in such party, and for clarity, and avoidance of doubt:
  • 10.1.1. All rights of any nature, trade name, documents, drawings and information including any access codes provided to the Customer, and information in BUZZMAX.CA s database accessed by the End Users and the Customer remain vested in BUZZMAX.CA;
  • 10.1.2. Information provided to the Customer by BUZZMAX.CA pursuant to this Agreement, pertaining to the Customer's End Users is the property of the Customer.
  • 10.2. The Customer shall not use BUZZMAX.CAs name, trademarks, or copyrights in any way that implies any approval or connection with the services or products offered by the Customer.
  • 10.3. Any right to use the services, and/or any software related to the services, granted by BUZZMAX.CA to Customer will only be perceived as a personal, limited, non-exclusive and non-transferable license of use by BUZZMAX.CA of the services, and/or any software related to the services, for the designated purpose only.
  • 11. CONFIDENTIALITY
  • 11.1. During and after the period while this Agreement remains in force, both parties shall not disclose to any third party the information gained in connection with this Agreement, nor the terms and payments due, but each parties may disclose to its officers and employees such information as may be required for them to fulfill their proper performance of their duties, and may be used in the proper exercise of its rights and obligations under this Agreement.
  • 11.2. The obligations of confidence, and restrictions on disclosure shall not apply in the following circumstances:
  • 11.2.1. where such information was already known prior to this Agreement;
  • 11.2.2. where such information was already in the public domain, save as a result of a breach of clause 11.1.;
  • 11.2.3. where a third party, who did obtain the same from the disclosing party, disclosed such information to it lawfully; or
  • 11.2.4. where disclosure is required by law.
  • 11.3. The Customer shall ensure that the confidentiality provisions of this Agreement bind all its employees and agents and shall indemnify BUZZMAX.CA against loss or damage suffered as a result of a breach of confidence by employees or agents.
  • 11.4. BUZZMAX.CA shall have the unconditional and irrevocable right to disclose the identity and address of the Customer and any End User in the event of any complaint received from any regulatory or governmental body, or any licensed telecommunications carrier, in connection with services offered by the Customer.
  • 12. ACCEPTABLE USE POLICY or Fair Use Policy
  • Customer agrees to adhere at all times to the BUZZMAX.CA Acceptable User Policy (the AUP) and Fair Use Policy which is part of the AUP as well, as such AUP may be modified by BUZZMAX.CA from time to time. The current AUP is available for review at www.buzzmax.ca.
  • BUZZMAX.CA has the right to modify its AUP at any time without prior notice to Customer. Customer is responsible for monitoring the website at www.buzzmax.ca.
  • Customer shall be bound by such modified AUP.
  • 13. LIMITATION OF LIABILITY
  • 13.1. BUZZMAX.CA shall not be liable for any indirect, incidental, special or consequential damages or for interrupted a communications, lost data, or loss of profit, or economic loss arising out of or in connection with this Agreement and in particular shall not be liable for any delay in rectification of any such problem.
  • 13.2. Direct damages. BUZZMAX.CA can only be held liable for direct damages resulting from an attributable and faulty failure to perform its obligations under these Terms of Service. Direct damages in this respect exclusively mean:
  • a. all reasonable costs incurred by the Customer in order to have BUZZMAX.CA perform its obligations under the Terms of Service;
  • b. all reasonable costs incurred by the Customer in order to prevent or limit any direct damages as meant in this article;
  • c. all reasonable costs incurred by the Customer in order to establish the nature and scope of the direct damages as meant in this article.
  • 13.3. Maximum amount. Direct damages caused as a result of BUZZMAX.CA's breaches of this Agreement shall in any event be limited to the previous 1 months revenue generated by the Customer, and received by BUZZMAX.CA, but in no event shall exceed 5,000 for any one event or series of events.
  • 13.4. BUZZMAX.CA shall have no liability to the Customer in respect of any demand or claim where;
  • 13.4.1. The demand or claim arises as a result of the Customer's and/or end-user s negligence, misconduct or breach of this Agreement;
  • 13.4.2. If the Customer does not immediately notify BUZZMAX.CA of any claim;
  • 13.4.3. If the Customer does not give BUZZMAX.CA full authority to deal with the claim, or does not provide all information requested by BUZZMAX.CA and complete and proper co-operation for BUZZMAX.CA to defend the claim.
  • 14. FORCE MAJEURE
  • 14.1. BUZZMAX.CA shall not be liable for any interruption, delay or failure in service resulting from any matter or event outside of their control, to include, but not limited to any act of God, inclement weather, storm, flood, drought, lightning, fire, power failure, shortage of power, disturbance to power supplies, disconnection damage or disturbance to telecommunications connections and cables, trade dispute, government action, embargoes, termination of or refusal to grant a license, damage to or loss of Equipment or interruption, failure or delay in any service provided to us by any third party including governmental or regulatory authority or telecommunications Operator, war, military Operations, or riot.
  • 14.2. BUZZMAX.CA will not accept any liability for the consequences arising out of a force majeured event.
  • 15. INDEMNITY
  • 15.1. Without prejudice to any other indemnity referred to in this or any other Agreement, the Customer agrees to indemnify BUZZMAX.CA and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, including any made by a third party, arising out of the Customer's or End User's use of the service and all costs relating thereto. The Customer agrees not to hold BUZZMAX.CA and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of BUZZMAX.CA software or services, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained, errors and omissions, defects, viruses, delay in transmission, interruption of service or loss of data.
  • 15.2. The Customer agrees to indemnify BUZZMAX.CA, and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, arising from any act of the Customer or third party including but not limited to;
  • 15.2.1. A breach or allegation of breach of the conditions of this Agreement;
  • 5.2.2. Negligence, misconduct or any allegation of negligence or misconduct by the Customer or by any third party;
  • 15.2.3. The marketing or promotion undertaken by or on behalf of the Customer;
  • 15.2.4. The service content provided or marketed by or on behalf of the Customer, and all costs relating thereto.
  • 16. TERM & TERMINATION
  • 16.1. Term. The Agreement will be effective as of the date of the Customer acceptance thereof, and will remain effective until terminated by either party as set forth in these Terms of Service.
  • 16.2. Either party shall be entitled to terminate this Agreement by giving to the other not less than one (1) month notice of termination
  • 16.3. Consequences of Termination. Upon termination of the Agreement for any reason :
  • (i) All licenses and rights to use the BUZZMAX.CA service shall terminate and the Customer will cease any and all use of the BUZZMAX.CA service.
  • (ii) Any service number provided by BUZZMAX.CA to the Customer will stay in full property of BUZZMAX.CA, who will be able to use this service number for any purpose he desires, without any limitation possible by the Customer.
  • 16.4. BUZZMAX.CA may terminate this Agreement with immediate effect by giving notice at any time, if;
  • 16.4.1. The Customer does not comply with the terms of this Agreement;
  • 16.4.2. The Customer fails to pay an invoice on due date.
  • 16.4.3. The Customer says, or appears to intend, that it will not abide by the terms of this Agreement;
  • 16.4.4. The Customer ceases trading, convenes a meeting of, or comes to an arrangement with its creditors, has distress or other seizure levied over any of its assets or does not satisfy any demand for payment from any legal person;
  • 16.4.5. Any step is taken to wind up or dissolve the Customer, a receiver, and/or manager or administrator appointed over any assets;
  • 16.4.6. BUZZMAX.CA believes the Customer has allowed services to be used for any unlawful purpose or any use prohibited by this Agreement;
  • 16.4.7. If the service provider on which BUZZMAX.CA is reliant, goes out of the business or fails to provide a fault free service as per the standards of BUZZMAX.CA.
  • 16.5. Either party may terminate this Agreement if
  • 16.5.1. Either party has committed a breach of the Agreement, and fails to remedy the breach within 30 days of notice requiring it to do so, and;
  • 16.5.2. Either party takes any steps to wind up or dissolve, or a receiver and/or manager or administrator is appointed over any assets.
  • 16.6. Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of the Customer's representations, warranties and indemnification obligations.
  • 17. MISCELLANEOUS
  • 17.1. This Agreement represents the entire understanding between the two parties. No other prior arrangements, representations or understandings, orally or in writing shall have any validity.

    17.2. New versions of these Terms and Conditions. BUZZMAX.CA reserves the right to modify this Agreement at any time by providing such revised Agreement to the Customer or by publishing the revised Agreement on the Website. If the Customer does not wish to accept these revised Agreement, he is entitled to terminate his account, in writing or by e-mail to info@BUZZMAX.CA, with effect from the date on which the revised Agreement would become effective. The continued use of the Void service by the Customer shall constitute his acceptance to be bound by the terms and conditions of the revised Agreement.

    17.3. Adjustment of the VoIP service. BUZZMAX.CA reserves the right to adjust the VoIP service at any time, for example to conform to legal and regulatory obligations. If the Customer does not wish to accept these adjusted VoIP service, he is entitled to terminate his account, in writing or by e-mail to info@BUZZMAX.CA, with effect from the date on which the adjusted VoIP service will be provided.

    17.4. Marketing Programs:

    i. Customer Success Story. Subject to its satisfaction with the Services, Customer agrees to be the subject of a BUZZMAX.CA "Customer Success Story", although any such material released to the public or press by BUZZMAX.CA, which mentions or discusses Customer is subject to Customer's prior approval, which shall not be unreasonably delayed or withheld. BUZZMAX.CA may write a collateral piece discussing Customer's business and use of Services and its impact on Customer's business. The Customer Success Story will be delivered to Customer for review on a mutually agreed upon date, not to exceed ninety (90) days after the Effective Date.

    ii. Customer Reference. Subject to its own resource constraints and satisfaction with the Services provided by BUZZMAX.CA hereunder, Customer consents to BUZZMAX.CA identifying it as a reference for BUZZMAX.CA customer prospects' inquiries and press inquiries. It is understood that this will be a controlled effort and will be managed to ensure minimum impact on Customer. The objective focuses on Customer discussing its use of BUZZMAX.CA service in addition to the positive experiences and support provided in the working relationship with BUZZMAX.CA. Customer's obligation under this provision is entirely voluntary, and the parties agree that Customer's refusal to perform under this provision shall not constitute a breach of this Agreement

    iii. Customer Acknowledgement: Customer agrees that BUZZMAX.CA can disclose Customer as a customer of BUZZMAX.CA.

    17.5. Ownership. All phone numbers leased and registered to Customer's by BUZZMAX.CA remain under BUZZMAX.CA s control, and may be reassigned at the termination of this Agreement.

    17.6. BUZZMAX.CA s rights and powers under this Agreement are not affected if it fails to or chooses not to enforce any of them at any time. If any part of this Agreement is not enforceable it will not affect the remainder.

    17.7. Applicable Law. The Agreement shall be governed by and construed in accordance with the Laws of Province of Ontario in Canada.

    17.8. Competent Court. Any legal proceedings arising out of or relating to Agreement will be subject to the exclusive jurisdiction of the Ontario Courts.

    17.9. Both parties agree that they have no joint venture, partnership, or agency relationship as a result of this Agreement. Neither party shall make any offer, guarantee, or warranty to any third party, in regard to the services, that purports to bind the other party.