Terms of Service
- Please Read Carefully
These 01 Communique Terms of Service
(“Terms”) set out the basic rights
and obligations of both 01 Communique Laboratory
Inc. (“01 Communique”) and you, a
person, company or entity (the “Customer”)
for the delivery and use of the I’m On
Call
service (comprised of both the I’m OnCall
technology, the “Service”, and enabling
software (the “Service Software”),
that must be loaded onto the remote support persons
(the Operator) PC and the computer to be remotely
accessed. Customer agrees to be bound by all the
terms and conditions of this agreement when you
register for and use the Service.
By providing your e-mail and password
during the registration process to establish a
Service account, you (the “Customer”)
represent and warrant that you: (i) are authorized
to sign for and bind yourself and any other party
on whose behalf you use the Service and (ii) agree
for yourself and any other party on whose behalf
you use the service to be bound by all of the
Terms of Service, including the DISCLAIMER OF
WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
sections set forth below.
1. General. The Service provides Customer remote
access, using the Internet, between two computers
that have downloaded, installed and have running
on them, the Service Software. An “always
on” connection to the Internet is recommended
for Customer to be able to use the Service and
any and all Internet access fees are the direct
responsibility of the Customer. 01 Communique
will make every reasonable effort to ensure that
the Service technology is operational and available
for a Customer to remotely login and access the
Service and that the Service Software installed
on the computers will allow a remote control session
to take place between the computers. We will provide
the Service to the Customer in accordance with
these Terms: (a) while applicable services and
technology exist to deliver the Service; (b) where
01 Communique is permitted by law to provide service;
and (c) while the Service continues to be a 01
Communique supported service.
2. Fees and Payments.
The Customer agrees to pay a subscription fee
to use the Service, plus any applicable taxes.
Subscription fees are made available on the 01
Communique I’m OnCall website and presented
to the Customer when electronically subscribing
to the Service. Customer electronic subscriptions
will continue and renew automatically unless terminated
by 01 Communique or Customer notifies 01 Communique
to terminate Service or change subscription type.
Subscription fees paid are non-refundable.
Electronic
subscriptions require the Customer to supply a
valid credit card with sufficient credit to pay
the subscription fee and the Customer acknowledges
that all future subscription fees will be charged
to this credit card without notice. In the event
that a subscription fee cannot be charged against
this credit card, the Service will be terminated.
01 Communique reserves the right to change subscription
fees, or add new fees or charges, by providing
the Customer with advance notice.
A registered I’m OnCall Trial account will
allow Customer unlimited access and use of the
Service for the 10 day Trial period, beginning
with the date of account registration. Unless
a subscription payment is received within the
10 day trial period, Service will be discontinued
on the 11th day after the trial account registration.
Information entered by the Customer into
his/her business' I'm OnCall system will be
stored on 01 Communique's databases for only
ninety (90) days from the date of entry. It is the
Customer's responsibility to export/back up any
data they will require past the ninetieth
day.
3. Termination of Service. 01 Communique may
terminate the Service in any of these situations.
(a) Customer breaches the Terms; (b) Customer
does not renew subscription when next subscription
payment is due; (c) Customer supplied credit card
is invalid or does not have sufficient credit
to pay the Service subscription fee; (d) 01 Communique
believes that the activity of the Customer during
use of the Service is not indicative of normal
Customer actions/use and has the potential to
put the Service or 01 Communique and its Customers
at risk or liability; (e) 01 Communique identifies
that the Service or Service Software has been
altered; (f) 01 Communique suspects that the Customer
is using the Service for fraudulent or illegal
purposes. Customer may terminate the Service at
any time by making a written request of 01 Communique
to terminate the Service. No prior notice is required
by 01 Communique to immediately terminate the
Service.
4. Rights of Use. Customer shall not: (i) disassemble,
alter, modify, de-compile or otherwise reverse
engineer the Service and/or Service Software,
or (ii) create derivative works based upon the
Service and/or Service Software, or (iii) rent,
lease, sublicense, distribute, transfer, translate,
modify or reprogram the Service and/or Service
Software or (iv) make the Service and/or Service
Software available to others on the Internet or
any on-line service; reproduce, copy or allow
others to access or use the Service or Service
Software without the express written consent of
01 Communique. Furthermore, the Customer agrees
to use the Service for the purposes of providing
remote support services and not for any other
actions or use that would put the Service or 01
Communique and its customers at risk or liability.
All rights not expressly granted in these Terms
are reserved to 01 Communique.
5. Proprietary Rights. Title to the Service and
Service Software remains with 01 Communique. The
Service Software is licensed to Customer, not
sold, and is protected by Canadian copyright laws,
international treaty provisions, and all other
applicable national laws.
6. Change of Terms. 01 Communique reserves the
right to amend these Terms at any time by posting
a revised Terms of Service on its corporate website
at www.imoncall.com.
Customer accepts the amended terms if Customer
continues to subscribe to the Service after posting
of the new Terms. Customer understands and agrees
that they are solely responsible for periodically
reviewing the Terms of Service.
7. Confidentiality of Customer Records. Unless
a Customer consents in writing or disclosure is
pursuant to a legal power, all information kept
by 01 Communique regarding the Customer is confidential
and may not be disclosed to anyone other than
(a) the Customer; (b) a person who in 01 Communique’s
reasonable judgment is seeking the information
as the Customer’s agent; (c) 01 Communique’s
employees, agents, contractors and Affiliates,
solely for the purpose to fulfill 01 Communique’s
obligations under these Terms; (d) to the extent
required by law, with prior advance written notice.
More information on 01 Communique’s current
Privacy Policy can be found on its corporate website
at www.01com.com.
8. DISCLAIMER OF WARRANTIES. THE SERVICE AND
SERVICE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION
ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. 01 COMMUNIQUE DISCLAIMS AND EXCLUDES
ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. 01 COMMUNIQUE
DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY CUSTOMER'S
REQUIREMENTS OR THAT IT IS WITHOUT
DEFECT OR ERROR OR THAT THE OPERATION THEREOF
WILL BE UNINTERRUPTED OR ERROR FREE. YOU UNDERSTAND AND
AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN
RISK AND THAT YOU SOLELY ARE RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER OR LOSS OF DATA FROM YOUR
COMPUTER. ANY EXPRESS WARRANTY MADE OUTSIDE OF
THESE TERMS IS EXCLUDED AND SUPERCEDED. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
9. LIMITATION OF LIABILITY. 01 COMMUNIQUE, OR
ITS DISTRIBUTORS, SHALL NOT IN ANY CASE BE LIABLE
FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT
OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS
OR REVENUES, OR FOR LOSS OF COMPUTER PROGRAMS
OR DATA, OR FOR INCREASED COST OF OPERATIONS,
ARISING OUT OF THE USE OR INABILITY TO USE THE
SERVICE, REGARDLESS OF THE FORM OF ACTION AND
EVEN IF 01 COMMUNIQUE HAS BEEN ADVISED OF THE
POSSIBILITY THEREOF; (B) ANY DAMAGES ARISING OUT
OF OR RELATING TO EQUIPMENT, SOFTWARE, APPLICATIONS,
SERVICES, OR CONTENT PROVIDED BY THE CUSTOMER,
USERS OR THIRD PARTIES; (C) SERVICE INTERRUPTIONS,
ERRORS, DELAYS OR DEFECTS IN TRANSMISSION; (D)
UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS
OR DESTRUCTION OF THE CUSTOMER’S OR THIRD
PARTIES’ INFORMATION, NETWORK OR SYSTEMS
BY ANY MEANS, INCLUDING WITHOUT LIMITATION VIRUSES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN
EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY.
10. INDEMNITY. YOU WILL INDEMNIFY AND HOLD 01
COMMUNIQUE AND ITS DISTRIBUTORS HARMLESS AGAINST
ANY AND ALL CLAIMS RELATING TO: (A) YOUR UNLAWFUL
OR IMPROPER USE OF THE SERVICE AND SERVICE SOFTWARE;
(B) YOUR FAILURE TO COMPLY WITH THESE TERMS (C)
ANY DAMAGE OR CLAIM CAUSED BY YOUR ACTS OR OMISSIONS,
OR ARISING FROM YOUR USE OF THE SERVICE OR SERVICE
SOFTWARE.
11. General Provisions. The laws in effect in
Ontario, Canada will apply to the Agreement. It
is agreed that any lawsuit arising under or relating
to this License shall be maintained in the courts
of the jurisdiction of Ontario, Canada, wherein 01
Communique conducts its primary business, and
under the laws of this jurisdiction.
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