Use Of Website Services
AdvisorNet Communications Inc. (AdvisorNet) is not responsible in any manner for direct, indirect, special or consequential damages, however caused, arising out of any use of AdvisorNet services, website and/or any web browser, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet. Links to other websites from this website are for convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this website or any emails sent.
Restrictions on Use Of AdvisorNet Website/E-newsletter Content
Each AdvisorNet client's website and/or e-newsletter are linked to the AdvisorNet financial database. Via the activation of a Service Agreement, financial advisors are granted permission to use the content of the AdvisorNet financial database for their AdvisorNet website and/or e-newsletter. All content in the AdvisorNet financial database is the sole property of AdvisorNet Communications Inc. except in cases where custom content has been provided by an individual financial advisor for use on their individual website alone. Throughout the duration of their contract with AdvisorNet, financial advisors are only granted permission to use AdvisorNet financial content on their websites and/or e-newsletter managed by AdvisorNet. At no time is any AdvisorNet client permitted to distribute, use, copy & paste, or mirror copyrighted content from their AdvisorNet website and/or e-newsletter for use on a different website, newsletter, blog without prior written consent from AdvisorNet. Financial advisors whose AdvisorNet accounts are in good-standing are permitted to post links on external (social media) websites that lead back to articles and resources provided via their AdvisorNet website. Should a financial advisor cancel their AdvisorNet account, this action immediately rescinds their right to use any and all AdvisorNet copyrighted materials on any other website or e-newsletter service.
Internet Website Interruptions
Where there is any technical difficulty or interruption of service for any period of time, AdvisorNet, will attempt to rectify the problem as quickly as possible, however such interruption shall not nullify this contract or any payment for services due.
Proofing a Change
When changes are requested for a website, e-newsletter or business stationery item the advisor is responsible for examining the requested changes and notify AdvisorNet if the changes are not satisfactory. Failure by the client to communicate any further changes needed to a website, e-newsletter or business stationery item will result in the state of the website, e-newsletter or business stationery being deemed satisfactory.
References to Goods and Services
References in this website to third party goods or services should not be regarded as an endorsement of these goods or services. Information on this website is subject to change without notice and while every effort is made to ensure the accuracy of information on the website, AdvisorNet is not liable for any inaccuracies in the information presented.
Contract Activation
The above legal information and terms of agreement in relation to all the above is confirmed, agreed upon, and actualized by an order or request for services via email, letter, or applied payment to initiate site building or to initiate access to any other Internet service offered. Upon activation, all setup fees and monthly administration fees shall be due at the beginning of each month, or at the beginning of each quarterly if a quarterly payment option is selected on the Service Agreement.
Fee Payments
When a service is requested, a 50% deposit of the set-up fee is due and payable by credit card. The advisor's credit card will be charged on the day of acceptance for this amount. The balance of the setup fee is due and payable either on the date of completion of the website or business identity kit or 60 days after the acceptance of this service agreement whichever is sooner. If any setup fee discount is provided, the reduced setup fee is due and payable in full when an account is opened. Applicable fees for any extra customizations requested for an advisor's website are due and payable once the work has been completed. Fees for extra website customizations are based on the time required to complete the work and are calculated on a case-by-case basis.
Consent
When providing access to clients' personal information for the purposes of utilizing the services of AdvisorNet, the advisor warrants that proper consents as may be required under any provincial or federal statutes within Canada were obtained from each and every client prior to the provision of the information. AdvisorNet guarantees that any client personal information provided to it will be used only for the provision of services to the advisor who provided the information.
Use of trademarks and propriety information
The dealership trademarks used on websites, e-newsletters or business stationery items created by AdvisorNet remain the property of the advisor's dealership and/or it affiliates. By their association with their dealership, it is understood that each advisor is permitted to use dealership trademarks and propriety information on their website or e-newsletter. If an advisor resigns from their dealership, their right to that dealership's trademarks and proprietary information ceases and all such materials shall be removed immediately from their website or e-newsletter. AdvisorNet does not make use of any dealership trademarks or propriety information for own purposes, and as such, any dealership trademarks or propriety information used on any AdvisorNet website or e-newsletter must first be permitted by the advisor's Compliance Department.
Self-use of Email Newsletter Services
If you choose to create your own email newsletter using AdvisorNet services, you agree to represent yourself accurately and truthfully at all times. You agree that any information you include in such emails will (a) not be fraudulent or intentionally misleading or inaccurate; (b) not infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (c) not violate any law, statute, ordinance or regulation; (d) not be defamatory, libelous, harmful, abusive, vulgar, obscene, profane, hateful, unlawfully threatening or harassing; (e) not contain any pornography or racially, ethnically or otherwise objectionable material; (f) not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer program routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
Indemnification
You agree to indemnify, defend, and hold harmless AdvisorNet, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to AdvisorNet from and against all losses, expenses, damages, and costs, including reasonable lawyer's fees, resulting from any violation of this agreement by you or any other person accessing AdvisorNet services under your account.
Ownership of Domain Names
Each domain name used to host a website or e-newsletter remains the sole property of the advisor who activated the AdvisorNet account. Should an advisor resign from their dealership, their domain name remains their property and, if required, can be moved to a different web service company for the purpose of creating a new website (providing that there are no outstanding invoices for their account). While an advisor is using an AdvisorNet website or e-newsletter, AdvisorNet functions as the "custodian" for their domain name for the purpose of handling administrative situations and domain renewals.
Account Charges
Advisors can pay for their website services by either VISA, MasterCard or direct bank debit. All fees are invoiced quarterly in advance. Any invoice unpaid after 30 days, will begin to accrue late payment charges equal to: 0.065% per day (24% per annum)
Website Deactivations
Failure to issue payment on any invoice 60 days after receipt, or to contact AdvisorNet with an option for payment, will result in deactivation of a website or e-newsletter until all service fees and late fees are paid in full. A $25 website re-activation fee will also be charged should the advisor wish to have their website or e-newsletter re-activated.
Overdue Invoices
Any invoice more than 90 days overdue is sent to a collection agency for resolution and the advisor is then responsible for all collection charges in addition to the fees owed to AdvisorNet Communications.
Changes in Website Fees
AdvisorNet is entitled to adjust the stated monthly fees and additional charges with 30 days notice.
Canceling a Website Contract
A website or email newsletter may be cancelled at anytime after the service has been active for a minimum of 30 days. Notice of cancellation must be delivered to AdvisorNet via email or fax.
Miscellaneous
This agreement and the resolution of any dispute related to the Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding between AdvisorNet and you for any purpose concerning this agreement, the parties' obligations hereunder will be brought exclusively in a federal or provincial court of competent jurisdiction sitting in the province of British Columbia.
AdvisorNet's failure to insist upon or enforce strict performance of any provision of this agreement will not be construed as a waiver of any provision or right.