Last updated on February 06, 2023.
This Terms of Services Agreement is between you, the “Customer” and 9475818 CANADA CORP, (o/a GigaProfits, (“GigaProfits”).
BY CLICKING ON THE "I AGREE" (OR SIMILAR BUTTON) THAT IS PRESENTED TO YOU AT THE TIME OF YOUR ORDER, OR BY USING OR ACCESSING GIGAPROFITS PRODUCTS, YOU AGREE TO ALL OF THE TERMS IN THIS AGREEMENT. YOU CANNOT ENTER INTO THIS AGREEMENT IF YOU ARE WORKING FOR OR AFFILIATED WITH ANY OTHER CUSTOMER RELATIONSHIP MANAGEMENT ("CRM”), WEBSITE DEVELOPMENT, BILLING SOFTWARE, MARKETING SOFTWARE, AND SALES SOFTWARE PROVIDER OR DEVELOPER. GIGAPROFITS RESERVES THE RIGHT TO SUSPEND OR REVOKE YOUR USE LICENSE IF YOU ARE ATTEMPTING TO UTILIZE THIS SERVICE ON BEHALF OF ANY OTHER ENTITY THAT COULD CONCEIVABLY BE CONSIDERED COMPETITION OF GIGAPROFITS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF GIGAPROFITS’ ONLINE SERVICE. THE TERM "YOU" REFERS TO: (1) THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AND USERS, OR (2) AN INDIVIDUAL, IN THE CASE OF A NON-LEGAL ENTITY, AS DEFINED IN THE REGISTRATION INFORMATION PROVIDED TO GIGAPROFITS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST DECLINE BY NOT USING THIS SERVICE.
As part of the Service, GigaProfits will provide the Customer with use of the Services, including a browser interface and data encryption, transmission, access and storage. The Customer's registration for, or use of, the Services shall be deemed to be the Customer's agreement to abide by this Agreement including any materials available on the GigaProfits website incorporated by reference herein, including but not limited to the Privacy Statements. For reference, a Definitions section is included at the end of this Agreement.
The Customer shall provide its email address for registration and select a package of services offered by GigaProfits
The Customer shall pay all fees or charges to its account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable whether there is an invoice or not. There may be additional service quotes which will be invoiced accordingly on a case by case basis. All billed payments are due and may be processed on the day of the month in which payment is due.
Payments may be made annually, quarterly, or monthly, consistent with the Initial Term and or Invoice date(s), at the Customer's election. License fees and all payments are non-refundable whether or not User licenses are actively used. All professional services rendered by GigaProfits servicing customer requests will become due at termination of contract if those fees have not already been paid by the customer. The Customer must provide GigaProfits with a valid credit card or approved banking information as a condition to register for the Service. The Customer may also make payments with other methods for additional work which may include E Transfer, Bank Transfer etc.
If the customer is on a free trial service and provides valid credit card information, then the Customer will be granted a 15 day free trial for the Services. At the end of the free trial period, unless the registration is canceled by the Customer prior to the expiry of the 15 days period, the Customer will be charged for the Services during the next month’s billing cycle. For clarity, the Customer shall not be required to comply with its obligations to provide a 30 day prior notice to GigaProfits for terminating the registration if it is canceled within the free trial period.
An authorized License Administrator may add licenses by executing an additional written Order Form or using the Online Order Center. Additional licenses will be subject to the following: (i) additional licenses will be coterminous with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the additional licenses will be the then current, generally applicable license fee; and (iii) additional licenses in the middle of a billing month will be charged in full for that billing month. GigaProfits reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least 30 days prior notice to the Customer, which notice may be provided by email. There are to be no refunds by GigaProfits, all sales are final.
GigaProfits charges and collects in advance for use of the Service. GigaProfits will automatically renew and bill the Customer's credit card or issue an invoice to the Customer once a year on the subsequent anniversary for annual licenses. The renewal charge will be equal to the then current number of total User licenses times the then current license fee in effect at the time of renewal. Fees for other services will be charged on an as quoted basis. GigaProfits’ fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on GigaProfits’ income. The Customer agrees to provide GigaProfits with complete and accurate billing and contact information. This information includes the Customer's legal company name, billing address, email address, and name and telephone number of an authorized billing contact and License Administrator. The Customer agrees to update this information within 30 days of any change to it. If the contact information the Customer has provided is false or fraudulent, GigaProfits reserves the right to terminate the Customer's access to the Service in addition to any other legal remedies. For credit card payers, invoices will be generated at the start of a license or billing period and the Customer's credit card will be charged simultaneously. If paying by other means, invoices will be generated at the start of a license or billing period and approximately one month in advance of the start of any renewal or subsequent billing period and shall be due within 30 days. The Customer's account will be considered delinquent (in arrears) if payment in full is not received by the license or billing period start date. Customer shall pay any and all collection costs incurred by GigaProfits in collection of outstanding debts. Unless GigaProfits in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the Canada will be billed in CDN dollars and subject to Canadian payment terms and pricing schemes ("Canadian Customers"); (ii) entities with headquarters and a majority of users resident in other countries will be billed in U.S. dollars and subject to pricing schemes ("Other Customers"); and (iii) all other entities will be billed in U.S. dollars and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of GigaProfits ("Non-Canadian Customers"). If the Customer believes that the bill is incorrect, the Customer must contact GigaProfits in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. If possible billing errors are not reported within the 30 day period all charges will be deemed to be correct.
In addition to any other rights granted to GigaProfits herein, GigaProfits reserves the right to suspend or terminate this Agreement and the Customer's access to the Service if the Customer's account becomes 30 days or more delinquent (falls into arrears). GigaProfits reserves the right to impose a reconnection fee in the event the Customer is suspended and thereafter requests access to the Service. The Customer agrees and acknowledges that GigaProfits has no obligation to retain the Customer Data and that such Customer Data may be irretrievably deleted if the Customer's account is 30 days or more delinquent.
GigaProfits grants the Customer a nonexclusive, non-transferable worldwide right to use the Services, solely for the Customer's own internal business purposes subject to the terms of this Agreement. Subject to the terms of this Agreement, the Customer grants to GigaProfits the nonexclusive, worldwide, right to use, copy, store, transmit and display the Customer Data solely to the extent necessary to provide the Services as requested by the Customer. The Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Service or the Content; (ii) modify or make derivative works based upon the GigaProfits Services or the Content; (iii) commercially exploit the Service or the Content in any way; or (iv) create Internet "links'' to the Service or "frame" or "mirror" any Content contained in, or accessible from, the Services on any other server, wireless or Internet-based device. Furthermore, the Customer is not eligible for the Services if it is, or is affiliated with any other Customer Relationship Management( CRM),Website Development, Billing Software, Marketing Software, Sales Software providers, distributors, or software developers. GigaProfits shall not use the Customer Data for any purpose other than to provide the Service to the Customer. All rights not expressly granted to the Customer are reserved by GigaProfits and its licensors.
The Customer is permitted to store, manipulate, analyze, reformat, print, and display the Content only for your internal business use. Unauthorized use, resale or commercial exploitation of the Services and/or the Content in any way is expressly prohibited. The Customer agrees not to reverse engineer the Services, or access the Service in order to (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; or (iii) copy any ideas, features, functions or graphics of the Service. The Customer shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third-party. The Customer shall not create Internet "links" to the Service or "frame" or "mirror" any Content contained on, or accessible from, the Service on any other server or Internet-based device. The Customer is advised to consult with its broker or other financial representative to verify pricing information prior to the execution of any security trade based upon the Content. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment with the Customer or otherwise changed job status or function and no longer require access to the Service.
The Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Service or the Content; (ii) modify or make derivative works based upon the 9475818 Canada Corp (including software, data, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) or the Content; (iii) commercially exploit the Service or the Content in any way; or (iv) create Internet "links" to the Service or "frame" or "mirror" any Content contained in, or accessible from, the Service on any other server, wireless or Internet-based device.
The Customer explicitly acknowledges that the Customer Data may be shared with third parties including to enable GigaProfits and its licensors to carry out the Services on behalf of the Customer. The Customer further acknowledges that GigaProfits may make use of the Customer Data in an aggregated and anonymized format for commercial, marketing or any similar purpose. The Customer further grants GigaProfits the right to use and analyze aggregate the Customer Data and system activity data associated with use of the Services and its Customers for the purposes of optimizing, improving or enhancing the Services.
The Customer expressly acknowledges that if and when the Customer makes use of Facebook's advertising program through GigaProfits' portal, the Customer expressly agrees to comply with Facebook's terms and services and further, GigaProfits reserves the rights to terminate the Customer's access to the Facebook advertising program, or its contract with the GigaProfits generally should the Customer's actions or inactions violate either Facebook or GigaProfits terms of services.
The Customer further acknowledges that for compatibility and service related reasons, when making use of Facebook’s advertising program through GigaProfits, GigaProfits reserves the right to limit or restrict certain tools and features of the Facebook advertising program that would otherwise be available to the Customer were it to make use of Facebook’s advertising program directly.
The Customer is responsible for any and all activities that occur under the Customer's user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service. The Customer shall: (i) notify GigaProfits immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to GigaProfits immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by the Customer or its Users; (iii) assure that use of the Service shall at all times comply with all applicable local, state, federal, and international laws, regulations, and conventions, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data; and (iv) not impersonate another GigaProfits user or provide false identity information to gain access to or use the Service.
The Customer expressly acknowledges that referral commissions will be canceled or revoked for canceling their Gigaprofits account effective on the date of the cancelation notice. Referral commissions may also be revoked if the customer is in default of missed payments in their Gigaprofits account(s). Commission amounts can also vary from time to time and are subject to change upon Gigaprofits discretion.
All data submitted by the Customer to the Service, whether posted by the Customer or by third parties, shall remain the sole property of the Customer or such third parties, as applicable, unless specifically notified in advance. The Customer, not GigaProfits, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Customer Data and GigaProfits shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. In the event that the Customer terminates this Agreement (other than by reason of the Customer's breach), GigaProfits will make available to the Customer a file of Customer Data within 30 days of termination notice if the Customer so requests. GigaProfits reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, the Customer's non-payment. Upon termination for cause, the Customer's right to access or use Customer Data immediately ceases, and GigaProfits shall have no obligation to maintain or forward any Customer Data.
The Customer grants GigaProfits the right to use the Customer’s logos and other trademarks solely for GigaProfits own marketing purposes.
This Agreement commences on the Effective Date and will remain in force until it is terminated. This Agreement will automatically renew, for a term equal in duration to the Initial Term, upon the expiration of the Initial Term or any renewal term. Either party may terminate this Agreement or reduce the number of licenses, effective upon the expiration of the then current term, by notifying the other party in writing via registered email at least thirty (30) business days prior to the date of the invoice for the following term. In the event that the Customer terminates this Agreement (other than by reason of the Customer's breach), GigaProfits will make available to the Customer a file of Customer Data within 30 days of termination notice if the Customer so requests. The Customer agrees and acknowledges that GigaProfits has no obligation to retain Customer Data, and may delete such Customer Data, more than 30 days after termination.
Any breach of the Customer's payment obligations or unauthorized use of the 9475818 Canada Corps, or Services will be deemed a material breach of this Agreement. GigaProfits, in its sole discretion, may terminate the Customer's password, account or use of the Service if the Customer breaches or otherwise fails to comply with this Agreement. In addition, GigaProfits may terminate a free account if the Customer does not first log on within 7 days after registration. The Customer agrees and acknowledges that GigaProfits has no obligation to retain Customer Data, and will delete such Customer Data, if Customer has materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
GigaProfits reserves the right to cancel the account at any time. Customers may cancel at any time with a 30 days notice that can be emailed to firstname.lastname@example.org. GigaProfits Ownership GigaProfits alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the 9475818 Canada Corp, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to the Service. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service, 9475818 Canada Corp, or Intellectual Property owned by GigaProfits to the Customer. GigaProfits name, the GigaProfits logo, and the product names associated with the GigaProfits Products and Service are trademarks of 9475818 CANADA CORP. and may not be otherwise used without the express prior written consent of The Company.
During use of the Service, the Customer may enter into correspondence with, purchase goods and/or services from, or participate in
promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms,
conditions, warranties, or representations associated with such activity is solely between the Customer and the applicable third-party.
GigaProfits and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion
between the Customer and any such third-party. GigaProfits does not endorse any sites on the Internet that are linked through the
Service. GigaProfits is providing these links to the Customer only as a matter of convenience, and in no event shall GigaProfits or its
licensors be responsible for any content, products, or other materials on or available from such sites. GigaProfits provides its services
to the Customer pursuant to the terms of this Agreement. The Customer recognizes, however, that certain third-party providers of
ancillary software, hardware, or services may require the Customer's agreement to additional or different license or other terms prior to
the Customer's use of or access to such software, hardware, or services on behalf of the Customer. The Customer explicitly
1. GigaProfits uses a third party billing company to process the Customer’s billing accounts with its clients;
2. The Customer may be required to agree to the third party billing company’s licensing terms or agreements; and
3.The Customer explicitly disclaims GigaProfits from any liability or damages the Customer may have suffered as a result of the actions or inactions of the third party billing company in carrying out the billing services on behalf of the Customer.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. GigaProfits represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online GigaProfits help documentation under normal use and circumstances. The Customer represents and warrants that it has not falsely identified itself nor provided any false information to gain access to the Service and that the Customer's billing information is correct.
The Customer shall indemnify and hold GigaProfits, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by the Customer of the representations and warranties; or (iii) a claim arising from the breach by the Customer or Users of this Agreement, provided in any such case that GigaProfits (a) gives written notice of the claim promptly to the Customer (b) gives the Customer sole control of the defense and settlement of the claim (provided that the Customer may not settle or defend any claim unless it unconditionally releases GigaProfits of all liability and such settlement does not affect GigaProfits’ business or Service); (c) provides to the Customer all available information and assistance; and (d) has not compromised or settled such claim. GigaProfits shall indemnify and hold the Customer and its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or trademark of a third party; (ii) a claim, which if true, would constitute a violation of GigaProfits of the representations or warranties; or (iii) a claim arising from breach of this Agreement by GigaProfits; provided that the Customer (a) promptly gives written notice of the claim to GigaProfits; (b) gives GigaProfits sole control of the defense and settlement of the claim (provided that GigaProfits may not settle or defend any claim unless it unconditionally releases the Customer of all liability); (c) provides to GigaProfits all available information and assistance; and (d) has not compromised or settled such claim. GigaProfits shall have no indemnification obligation, and the Customer shall indemnify GigaProfits pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of the Customer's products, service, hardware, or business process(s).
GigaProfits demands its licensors make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content; GigaProfits and its licensors do not represent or warrant that (i) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the service will meet the customer's requirements or expectations, (iii) any stored data will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the customer through the service will meet the customer's requirements or expectations, (v) errors or defects will be corrected, or (vi) the service or the server(s) that make the service available are free of viruses or other harmful components; (vii) the service and all content is provided to the customer strictly on an "as is" basis; and (viii) all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by GigaProfits and its licensors.
GigaProfits’ services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. GigaProfits is not responsible for any delays, delivery failures, or other damage resulting from such problems.
This Policy seeks to establish guidelines for all Bulk Email operations. We believe that following this policy will result in a healthier Internet presence and reputation, lower costs of doing business and better deliverability to the targets of our email activities. This policy applies to all Bulk Emails sent from GigaProfits using any email servers belonging to the company or its parent entity (9475818 Canada Corp.) and/or any other associated entity.
The Customer expressly acknowledges and agrees that it shall not use the Service in connection with the delivery or transmission of Unsolicited Emails or messages (commercial or otherwise) or Spamming to third parties, create a false identities, caller id or otherwise attempt to mislead others as to the identity of the sender or the origin of the message or use the Services to create or distribute sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, or that may be considered or are unethical, immoral, or illegal.
Customers shall be fully and solely liable for any pre-recorded audio, voice transmissions, and text messages sent through the Service and fully responsible for compliance with applicable law. Customer acknowledges that GigaProfits has no involvement in the acquisition or development of Customers call list(s) or control over the content of any transmission or the destination such transmission will be sent nor will GigaProfits be liable for such content.
Customer is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to Customer's use of GigaProfits Service including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and any applicable individual state or local regulations, Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state, or provincial local laws that may be applicable to Customers use of GigaProfits Service. Customer agrees not to violate these, or any other federal, state, or local law and represents and warrants that Customers use of GigaProfits will not cause GigaProfits to violate these or other similar laws.
In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from the customer in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to the Customer.
This site provides services and uses software and technology that may be subject to the Laws of Ontario export controls administered by the Canadian Government, the Canadian Revenue Agency Treasury Office of Foreign Assets Control, and other Canadian federal agencies and the export control regulations of the European Union. GigaProfits and its licensors make no representation that the Service is appropriate or available for use in other locations. If the Customer uses the Service from outside of Canada, it is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to Canadian law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically authorized by the Canadian Government or appropriate United States, European body for such purposes.
GigaProfits may give notice by means of a general notice on the Service, electronic mail to the Customer's email address on record in GigaProfits’ account information, or by written communication sent by first class mail or pre-paid post to the Customer's address on record in GigaProfits’ account information. The Customer may give notice to GigaProfits (such notice shall be deemed given when received by GigaProfits) at any time via email at: email@example.com.
GigaProfits reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify the Customer by posting an updated version of this Agreement on the Service. The Customer is responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute the Customer's consent to such changes.
This Agreement may not be assigned by the Customer without the prior written approval of GigaProfits but may be assigned by GigaProfits to (i) a parent or subsidiary; (ii) an acquirer of assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
With respect to the Canadian Customers, this Agreement shall be governed by Ontario laws and controlling Canadian Federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in ON, Canada. With respect to Non Canadian Customers, this Agreement shall be governed by the laws of Ontario, Canada, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada. No text or information set forth on any other purchase order, pre-printed form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the Customer and GigaProfits as a result of this agreement or use of the Service. The failure of GigaProfits to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GigaProfits in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between the Customer and GigaProfits and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
As used in this Agreement and in any Order Forms now or hereafter associated here with: "Agreement" means this online services agreement, and any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the GigaProfits website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by GigaProfits from time to time in its sole discretion;
“Bulk Email” means email which is considered to be Bulk Email if individual emails sent are substantially identical to emails sent to a large number of other individuals
"Content" means the audio and visual information, data, documents, software, products and services contained or made available to the Customer in the course of using the Service;
"the Customer, Customer, You or Customer's" means the individual or legal entity, its directors, officers, affiliates agents, and employees, as identified in the registration and identification data provided to GigaProfits via this web site. Companies or entities who provide similar services or software, including but not limited to Customer Relationship Management (CRM), Sales Software, Billing Software, Marketing Software, Website or Mobile App Development or other such entities cannot be considered Customers unless specifically given clause through GigaProfits. These entities are ineligible to use the service and are not permitted to register for it of their own accord. GigaProfits reserves the right to revoke the accounts of any of these entities at its sole discretion without notice;
"Customer Data" means any data, information or material provided or submitted by the Customer to GigaProfits in the course of utilizing the Service;
"Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date the Customer begins using the Service;
"Initial Term" means the period during which the Customer is obligated to pay for the Service equal to the billing frequency selected by the Customer during the subscription process, i.e.; if the billing frequency is quarterly, the Initial Term is one quarter;
"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights,mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature;
"License Administrator(s)" means those Users designated by the Customer who are authorized to purchase licenses online using the Online Order Center or by executing written Order Forms;
"License Term(s)" means the period(s), excluding the Initial Term, during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s);
"Order Form(s)"means the initial subscription for the Service and any subsequent order forms submitted online, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties and each such Order Form shall be incorporated into and become a part of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail;
"Online Order Center" means GigaProfits’ online application that allows the License Administrator designated by the Customer to, among other things, add additional Users to the Service;
"GigaProfits" means 9475818 Canada Corp. a Mississauga corporation, having its principal place of business at 7025-22 Tomken Rd, Mississauga, ON, Canada, L5S 1R6, Canada (collectively "GigaProfits") means all of GigaProfits’ proprietary technology (including software, data, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to the Customer by GigaProfits in providing the Service;
"Service(s)" means the specific edition of GigaProfits’ online customer relationship management, Billing Software, Marketing Software, Sales software, website services, data analysis, mobile services, social media services and other corporate software, (collectively, the “Software”) services identified during the ordering process, developed, operated, and maintained by GigaProfits accessible via www.gigaprofits.com or another designated web site or IP address or ancillary services rendered to the Customer by GigaProfits, to which the Customer is being granted access under this Agreement, including the GigaProfits Technology and the Content;
“Spam” means email which is considered to be Spam if it is both Bulk Email and Unsolicited Email, regardless of content. It is illegal to send Spam emails.
“Unsolicited Email” means email which is considered to be unsolicited if the recipients of the emails have unsubscribed from the mailing list.
"User(s)" means Customers, employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by the Customer (or by GigaProfits at the Customer's request).