Legal Disclaimer - Privacy Statements -
The WELCOMEHOMEMEDIA ("WHM ") web site was prepared by WHM for informational purposes only. The materials contained herein are not intended to, and do not constitute legal advice. This web site does not create a lawyer-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. You should not send any confidential information to the firm until you have received a written agreement from the firm to perform legal services on your behalf. Unless you have received such a written agreement, we will not consider any correspondence you send us as confidential. Even if you receive such an agreement, you should note that e-mail may be intercepted by others. You may wish to consider using other means to send sensitive or confidential information.
Copyright Info
All materials contained on this site are protected by copyright. Re-publication, re-transmission, or other distribution without permission and appropriate attribution of authorship is prohibited. All requests for reprints of articles and other content should be addressed to: WEBMASTER.
Requests will be reviewed and responded to as soon as possible. A response will usually be sent within two business days.
Links
If the WHM web site is linked to any other internet sites, resources, or businesses upgraded by other persons, you should be aware that these other sites are independent from WHM and WHM has no responsibility or liability for or control over other sites, their businesses, goods, services or contents. If you view other sites that may be linked to the WHM web site, you do so at your own risk and this will constitute your direct dealings with owners or operators of other sites.
You may not alter or display any comments, communications or other data of any kind on the WHM web site with the intention that said postings may be viewed by other users of the WHM web site.
Privacy
The privacy of the users of this web site is respected by WHM . WHM will not use any personal information it may derive about you from your use of this web site for any purpose whatsoever except dealings direct with WHM .
If you do not comply with all of the terms and conditions of the use of the WHM web site, you may no longer use the web site WHM reserves the right at any time and for any reason at its sole discretion to change, suspend or terminate temporarily or permanently, the WHM web site or any part of it including your permission to use the web site without any prior notice or liability to your or any other person. If for any reason whatsoever your permission to use the WHM web site is terminated by you or by WHM , then the terms of use of this web site will nevertheless continue to apply and be binding upon you in respect of your previous use of the WHM web site.
The Terms and Conditions of the use of the WHM web site
supercedes any and all previous agreements, written, oral or otherwise between you and WHM with respect to your use of the web site If any provision of the Terms and Conditions is found to be unlawful, void or for any reason, or unenforceable then said provision shall be deemed to be severed and the balance of the Terms and Conditions of the use of the WHM web site and shall not not affect the validity and enforceability of any remaining provisions. The parties have expressly requested and required that Terms and Conditions of use of the WHM web site and all other related documents being the English language. Les parties conviennent et exigent expressement que ce Contract et tous les documents qui s'y rapportent soient rediges en anglais.
TERMS AND CONDITIONS OF ADVERTISING SERVICES:
TERMS AND CONDITIONS – AGREEMENT TO ADVERTISE
AGREEMENT BETWEEN PARTIES - The agreement is between Welcome Home Media & Advertising, it’s appointed Agents and those seeking our services hereinafter called "LEGALEASE ". The other party of this agreement, known as the “CLIENT” which is the same person who has signed on the reverse side of the AGREEMENT TO ADVERTISE has the authority to bind the Corporation if necessary to this ‘AGREEMENT TO ADVERTISE’. Both parties are entering into this AGREEMENT TO ADVERTISE will include the following terms and conditions:
SERVICES OFFERED - LEGALEASE and its agent(s) agree to provide advertising space, as specified in this AGREEMENT TO ADVERTISE, on LEGALEASE’S network of digital media screens; business card displays, website advertising and or drive thru signage locations. These locations will be called “NETWORK” from now on in the terms and conditions of AGREEMENT TO ADVERTISE.
ALL LOCATIONS ARE SUBJECT TO CHANGE, due to lack of disclosed public traffic counts provided to LEGALEASE by their LOCATION clients. AT NO TIME will LEGALEASE be held responsible for changing the number of screen locations; advertising display times fluctuating, or hardware/software issues that may arise during any advertising agreement. ANY NEW SCREEN LOCATION ADDED IN THE SCREEN NETWORK, will automatically display all active and clients in good standings for the duration of the term of the advertising agreements FREE OF CHARGE.
ARTWORK & ADVERTISEMENTS - LEGALEASE retains all rights to advertisements and artwork produced on behalf of the CLIENT. No advertisements or artwork can be copied or reproduced, in whole or in part, without the expressed written consent of LEGALEASE. The CLIENT ACKNOWLEDGES and hereby authorizes LEGALEASE to use the CLIENTS existing Advertising Graphics; logos, trademarks, copyrights, to create the necessary artwork to be published on the NETWORK.
LEGAL - LEGALEASE and or their Agent(s) are not responsible for any infraction if challenged by any third party on such possible claims due to the use of the CLIENTS existing Advertising Graphics; logos, trademarks, copyrights – submitted or given to LEGALEASE.
ADVERTISEMENT APPROVAL – The CLIENT’S signature and approval of the ad, verbally or by email, gives LEGALEASE the right to publish to the NETWORK and to also publish online and other marketing materials, where applicable.
CREDIT CARD PAYMENT METHOD - Advertiser signature on the front of this contract grants permission to charge credit card as indicated in the payment and balance areas on the front of this contract. Credit card payment will be processed on the last business day of the month for the following month's advertising.
AUTOMATIC RENEWAL - This AGREEMENT TO ADVERTISE will automatically renew unless four (4) week’s notice is given to LEGALEASE in writing or via email to cancel. LEGALEASE will invoice the amount required, monthly payments or otherwise selected by CLIENT, within 2-4 weeks of end of initial term of the AGREEMENT TO ADVERTISE to ensure a smooth transition to continuous billing. (ie. Initial insertion ends mid-month, we will invoice for 2 weeks for monthly billing or whatever method and time period is selected by the advertising CLIENT).
CANCELLATION - Cancellation after the initial AGREEMENT TO ADVERTISE term will be penalty free if ninety (90) day’s notice is given. The CLIENT is responsible to contact LEGALEASE in writing or via email to cancel. This will allow LEGALEASE an opportunity to fill in the vacating space without interruption. *** Early Cancellation Charge is $350.00 plus tax per edition. ANY CANCELLATIONS MADE AFTER 3 MONTHS of active advertising ads commenced - the CLIENT will be charged any AD DESIGNS; FREE MONTHS or any other promotion provided at the time of signing the advertising agreement. There will also be a administration fee charge of $225.00 CDN for any early cancellation.
COLLECTION FEES - Any Collection fees by LEGALEASE will be owed by the CLIENT. *** Collection Fee is $250 plus Tax or 42% of total owing plus Tax, whichever is the greater.
NSF FEES - Any NSF (Non-Sufficient Funds) fees will be owed by the CLIENT within two (2) weeks of the returned NSF cheque or the advertising will be ceased and the account sent to collections unless a repayment schedule has been agreed upon. A NSF fee of $75.00 will have to be paid prior to re-starting the services.
TERMS OF PAYMENT FOR SERVICES - All advertising services must be paid for in full prior to running. CLIENTS can choose either 3/6/12/24 month terms. ALL SERVICES must be paid up-front/or approved quarterly payments with post-dated-cheque's provided before ads will be displayed.
TERMINATION WITHOUT CAUSE - For any reason LEGALEASE can terminate this AGREEMENT TO ADVERTISE with giving 2 weeks’ notice in writing to the CLIENT WITHOUT CAUSE. The CLIENT will be refunded accordingly to the terms and conditions of the cancellation section of this AGREEMENT TO ADVERTISE.
TERMINATION WITH CAUSE - If a CLIENT requests in writing for any CANCELLATION, LEGALEASE can terminate this AGREEMENT TO ADVERTISE without giving any notice in writing to the CLIENT WITH CAUSE. The CLIENT will be refunded accordingly to the terms and conditions of the cancellation section of this AGREEMENT TO ADVERTISE.
DISCLOSURE - LEGALEASE does its due diligence to confirm accuracy, but will not be held Liable for 3rd party negligence or any fluctuation in the number of advertisement rotations of any displays per hour/day). Also LEGALEASE is not Liable for any temporary or limited breakdown of electronics or internet access to the NETWORK. LEGALEASE will provide all measures to repair or insure that all reasonable measures are met to keep the NETWORK functional and active.
PROPRIETARY INFORMATION OF LEGALEASE - The services offered by LEGALEASE and LEGALEASE’S proprietary software; concepts, designs and advertising strategies are protected by the AGREEMENT TO ADVERTISE. The CLIENT cannot compete with LEGALEASE nor divulge any information to any 3rd party. A period of 5 years from the expiration date of the AGREEMENT TO ADVERTISE will be in effect unless LEGALEASE gives written release to the CLIENT. The CLIENT acknowledges this Policy and accepts all responsibility of such a breach. Any communication to any 3rd party of the proprietary information described hereto is not authorized to any party or individual that is not part of the AGREEMENT TO ADVERTISE will be deemed as a breach of TRUST of the AGREEMENT TO ADVERTISE. All monies collected prior, will be forfeited and not refunded to the CLIENT. ALSO there will be a Penalty of $5,000.00 per infraction paid immediately to LEGALEASE by the CLIENT upon notice given in writing to the CLIENT of each breach of TRUST. All written notices will be sent to the names and addresses disclosed on the reverse side of the AGREEMENT TO ADVERTISE.
THE FEES AND DISBURSEMENTS ARE UNCONDITIONALLY GUARANTEED BY THE CLIENT. INDEMNITY TERMS - The CLIENT hereby gives full authorization to act as agent(s) on behalf in the above request to create; use, publish in public venues and advertise the media that has been given to LEGALEASE, to be displayed on the NETWORK. The CLIENT hereby agrees to protect, reimburse, hold harmless and indemnify LEGALEASE against any and all losses, claims, damages and costs which may be made against LEGALEASE or suffered by the CLIENT by reason of LEGALEASE, acting under this direction, and to pay invoices upon receipt and indemnify LEGALEASE for any and all legal costs incurred by LEGALEASE in the defense of any claims for damages as aforesaid, and for services performed under this direction, except for such losses by LEGALEASE’S own negligent act, omission or default. Interest of 3.50% per mth (42% per annum) will be charged on unpaid accounts.
Your use of this web site and the Terms and Conditions:
Of the use of the WHM web site and all other related matters are governed solely by the laws of the Province of Ontario, Canada and any federal laws of Canada which may also apply, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between you and WHM or any other person arising from or connected with or related to the use of the WHM web site must be resolved before the courts of the Province of Ontario in the City of Windsor, Ontario. By using the WHM web site you are hereby irrevocably submitting to the original and exclusive jurisdiction of the said courts. Any claim or cause of action you may have arising from, connected with or relating to your use of the WHM web site must be commenced in a court of competent jurisdiction in the Province of Ontario within six months after the claim arises failing which claim or cause of action is forever barred.
WelcomeHomeMedia- HEAD OFFICE - 21023-500 Manning Road Windsor Ontario Canada N8N 4S1
Access to the WHM web site:
May not be legal by certain persons or in certain countries. If you access the WHM web site from outside the Province of Ontario you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Thank you for your cooperation. We hope that you find the WHM web site helpful and convenient to use. Copyright © 1999 -
WelcomeHomeMedia All Rights Reserved.