Online Advertising Terms and Conditions

  1. PURCHASE OF ADVERTISEMENT – Yellow Pages Homes Ltd. or one of its designated affiliates (“Yellow Pages NextHome”, “Western Living Magazine”, “Vancouver Magazine”) sells to the client, who purchases same, the online advertising services (the “Advertisement”) described on the reverse side of this contract (the “Contract”) for the indicated monthly or lump sum fee. As applicable, following the date of the execution of this Contract, Yellow Pages NextHome will begin offering the Advertisement on or about the date indicated.
  2. APPROVAL OF THE CLIENT’S CREDIT – The client acknowledges that this Contract is strictly conditional upon Yellow Pages NextHome’s approval of the client’s credit. Yellow Pages NextHome may cancel this Contract if it deems, at its sole discretion, that the client’s credit is not satisfactory. The client therefore authorizes Yellow Pages NextHome to conduct all usual enquiries with third parties regarding the client’s solvency and credit and to record in the client’s file and disclose to third parties information regarding the client’s credit.
  3. ONLINE ADVERTISING PRODUCTS VARIABLE TERM AND AUTOMATIC RENEWAL – At the end of the period identified on this Contract (the ” Initial Term”), this Contract is automatically renewed for consecutive subsequent periods (each a “Renewal Period”) of thirty (30) days, unless the client gives Yellow Pages NextHome a written notice of non-renewal at least thirty (30) days before the end of the Initial Term or any Renewal Period.
  4. CHARGES & FEES FOR WEB & DESIGN DEVELOPMENTi) All new web & design projects require an initial 50% deposit that will be due within 30 days after contract signing. The remaining 50% balance will be due upon acceptance of the completed web or design development project before it is released to the client or published to the internet. Yellow Pages NextHome retains the right to cease development and hold all graphics and project development with the exception of content and graphics provided by the client, until payment is received for such items. ii) Any post-delivery updates to the website including addition of pages or sub-sections, custom coding, premium imagery or video, as well as implementation of on-site content and on-site technical recommendations associated with the purchase of an Advertisement package, shall be subject to appropriate fees at an hourly rate (referred to as modification hours) from Yellow Pages NextHome.
  5. INCREASE OF FEE – The monthly or lump sum fee due pursuant to this Contract may be increased annually by Yellow Pages NextHome, in accordance with its standard practices. The client shall pay Yellow Pages NextHome the increased fee upon receipt of a notice of increase from Yellow Pages NextHome.
  6. LATE CHARGES – The client undertakes to pay the monthly or lump sum fee due pursuant to this Contract upon receipt of Yellow Pages NextHome’s invoice which may be included in the client’s telephone service provider’s invoice or forwarded directly by Yellow Pages NextHome. An interest rate of 1.25% per month compounded monthly (16.07 % per year) applies to any amount remaining unpaid 1 month following receipt of the invoice.
  7. EARLY TERMINATION AND REFUSAL TO PUBLISH AND/OR HOST – Yellow Pages NextHome may terminate this Contract and refuse to publish or offer the Advertisement, upon notice to the client, if the client is in default to pay any amount owed to Yellow Pages NextHome pursuant to this Contract or to any other contract entered into with Yellow Pages NextHome.
  8. NO REPRESENTATIONS BY Yellow Pages NextHome & NO WARRANTY OF SUCCESS FOR THE CLIENT – The client acknowledges that, in order to promote its online advertising services, Yellow Pages NextHome may, from time to time, convey data, including statistics, or other types of information, which illustrate the results obtained by certain Yellow Pages NextHome clients, or average results obtained by certain groups of Yellow Pages NextHome clients; Yellow Pages NextHome declares that such data is, to the best of its knowledge, accurate and that said data has been obtained from credible and independent sources. The client also acknowledges that such data is conveyed solely for informational purposes, that Yellow Pages NextHome does not conduct any analysis regarding the client’s business and that, consequently, the results obtained by the client may vary considerably from client to client.
  9. CLIENT’S WARRANTY – The client warrants that it is authorized to publish the Advertisement under the heading and in the territory indicated on the reverse side of this Contract, and that the Advertisement does not violate any law. The client also warrants that it holds all permits or licences which may be necessary, including any license to practice issued by any professional or other regulatory body exercising its jurisdiction over the client’s activities. The client further warrants that it holds all the rights to use the trade-marks or trade names included in the Advertisement and that such use does not violate any provision of any law or statute, including the Trade-Marks Act, the Copyright Act and any other law or statute relating to intellectual property.
  10. LIMITED LIABILITY OF Yellow Pages NextHome, THE CLIENT’S TELEPHONE SERVICE PROVIDER AND THIRD PARTY VENDORS – The client acknowledges that Yellow Pages NextHome produces, publishes, and offers a very large number of advertisements that errors may thus occur and that Yellow Pages NextHome would not be able to provide the Advertisement, on an economic basis, without the benefit of a limitation of liability clause. Consequently, the client also acknowledges that such a limitation of liability clause is a material basis of this Contract, that such a limitation of liability constitutes an essential consideration of Yellow Pages NextHome’s undertaking to offer the Advertisement for the fee agreed upon. In the case of any error, omission or interruption, Yellow Pages NextHome’s liability will be limited to the sum of the monthly payments or the lump sum due pursuant to this Contract for the Initial Term or any applicable Renewal Period. The client acknowledges that the present limitation of liability equally applies to the client’s telephone service provider and third party vendors of Yellow Pages NextHome, if applicable.
  11. MODIFICATIONS TO THIS CONTRACT BY Yellow Pages NextHome – The client acknowledges that Yellow Pages NextHome may, from time to time, unilaterally modify this Contract if such modifications do not substantially affect the rights and obligations of the client. The client is bound by any such modifications from the moment the client receives a notice to that effect.
  12. Yellow Pages NextHome’s TRADE-MARKS AND PROPERTY OF THE ADVERTISEMENT – The client acknowledges that it is not authorized to use Yellow Pages NextHome’s name or any of its trade-marks without the prior written consent of Yellow Pages NextHome. The client also acknowledges that Yellow Pages NextHome owns the intellectual property rights related to the Advertisement and undertakes not to reproduce same without Yellow Pages NextHome’s prior written consent.
  13. PRIVACY PROVISIONS – If the client is an individual, Yellow Pages NextHome informs the client that the personal information contained in the client’s file is accessible to employees or representatives of Yellow Pages NextHome in the performance of their duties. This file is kept by Yellow Pages NextHome or one of its affiliates’ Customer Service, to which the client may address a request for access or changes by calling 1-888-780- 5730. The client authorizes Yellow Pages NextHome to include the client’s name, address and telephone number and other general business information on its nominative list of clients for marketing purposes or charitable canvassing and to give this nominative list to its contracting partners for the same purposes; the client reserves the right to cancel such authorization at any time, upon request to Yellow Pages NextHome’s Customer Service.
  14. JURISDICTION – This Contract is governed by the laws applicable in the Canadian province where it is entered into.