General Use
From the Site: www.hdce.ca (The “Site”)

Legal texts
Legal Notice
All pages of the hdce.ca website are protected:
© 2018 – hdce.ca
All rights reserved

1. Introduction

1.1. Welcome to www.hdce.ca (hereinafter referred to as “HDCE.CA”). The following are the general terms and conditions of use (“General Terms and Conditions of Use”) that also apply to any other HDCE.CA property website that you may wish to visit from time to time. Your acceptance of the General Terms and Conditions of Use also applies to any other site offered by HDCE.CA by making the necessary adjustments.

1.2. HDCE.CA offers you a range of IT services including but not limited to: Cloud computing, IP telephony, IT security, Private IT management, Full remote monitoring, Anti-virus & anti-spam filters, Network architecture service, Implementation management software (employee time, schedule-schedule, macro view of planning lists, etc.).

1.3. These Terms and Conditions of Use constitute the entire agreement between us and supersede any prior agreement. Additional terms and conditions may also apply if you use certain specific services offered by HDCE.CA such as the Online Store Terms and Conditions, when using our store software. In addition, specific conditions may apply for services offered by third parties, such as TIB Finance online payment solutions or Secure Exchange encrypted exchange services or any of our other partners. . We invite you to consult these specific documents before beginning the use of these services, they are also included in your consent to these General Terms and Conditions of Use.

1.4. Any modification to the General Terms and Conditions of Use will be added to this page and it is understood that your continued use of the Service constitutes your acceptance of the amended Terms and Conditions. We encourage you to check this page regularly.

1.5. You agree that HDCE.CA may include a statement that you use their services.

1.6. If you are not satisfied with certain elements of the Service or the General Terms and Conditions of Use, your sole remedy is to stop using it.

1.7. Use of the Service is also governed by the HDCE.CA Privacy Policy.

2. Access to the service and duration of the contract

2.2. Services purchased online will be charged to your credit card in the manner of moneris. Services purchased in person will be paid following the sending of an invoice generated by our accounting system.

2.3. The contract comes into force on the date of signing the contract. The duration of the contract varies depending on the service you have chosen from the account opening date and is automatically renewable from period to period, if you have complied with all the requirements of the Terms and Conditions binding us.

3. Counterpart

3.1. You agree to pay us the amounts depending on the service chosen at the opening of your account or as modified from time to time in accordance with the present, in addition to all applicable taxes, which amount must be paid according to the terms of the contract. If the amount is not received on the last day of the period heard, depending on the service chosen, the Service will be interrupted without notice until payment of the sum due is received.

3.2. You agree to pay 18% interest per year (1.5% per month) on any unpaid balance, which balance includes interest already accrued.

4. Your obligations

4.1. You agree to comply with all laws and regulations in force in the country from which you use the Service and any applicable laws and regulations in Canada from which the Service operates.

4.2. To benefit from the Service you must provide a valid email address, provide accurate, up-to-date and complete personal information and maintain this information at all times.

4.3. Do not disrupt the Service in general.

5. Defects

In case of non-compliance with your obligations we reserve the right to suspend automatically and without notice access to the Service or certain functions of the Service. Likewise, in the event of notification by any person that you make an improper use of the Service, we reserve the right to suspend at any time and without compensation your access to the Service or the unlawful content in question. In case of infringement, we also reserve the right to exercise any recourse against you.

6. Compensation

6.1. You agree to indemnify HDCE.CA, its executive officers, directors, members, employees, volunteers, agents and representatives and hold them harmless from any damages and expenses, including attorney’s fees, arising from your use of the Service and any breach of the General Terms and Conditions of Use. You agree to release HDCE.CA and its officers, directors, members, employees, volunteers, agents and representatives from any claim, action, damage or other claim, claim, debt, obligation or loss (direct or indirect), expenses or expenses third person of any nature including its limitation:

6.1.1. content posted, submitted, displayed or communicated through the Hosting or Development Service;

6.1.2. your use of the Services offered;

6.1.3. your link to your site or the Services;

6.1.4. your non-compliance with the obligations included herein;

6.1.5. any violation of the law or infringement of the rights of third parties.

6.2. You therefore waive any law that may limit the scope of such provisions.

7. Our rights

7.1. In order to maintain the quality of our Service but without being obliged to do so, we reserve the right to stop all services offered to your company.

7.2. We also reserve the right to delete, modify or change the permissions of any file found to violate the Terms and Conditions of Use or in the event of failure to comply with the terms of this agreement without notice or notice.

8. Emails

8.1 HDCE.CA offers e-mail services for your business depending on the service chosen.

8.2 HDCE.CA offers its mail server so that you can manage, receive and send e-mails.

8.3 In addition to respecting the laws and netiquette, you agree not to use your email addresses so that our servers are “black-listed” (Bill C-28, spam, etc.). Any misuse of emails will result in immediate suspension of this service in your account.

8.4 You are free to use the technology of your choice to receive or send e-mails. In this case, please refer to the supplier of the device and / or the software to assist you in the configuration or problems of receiving and / or sending e-mails.

9. Notice of Claim

9.1. If you have reasonable grounds to believe that any breaches of the Terms and Conditions that bind us have occurred, please inform us by providing the following information:

9.1.1. a description of the facts surrounding the breach of the Terms and Conditions;

OR

9.1.2. a description of the work whose copyrights, in your opinion, have not been respected;

9.1.3. the site and specific location of the item that you believe violates your rights;

9.1.4. your address, telephone number and email address;

9.1.5. a sworn statement that the information in your notice is accurate and that you are authorized to act on behalf of the owner (as required by applicable law), to the effect that you have reasonable cause the good faith belief that the disputed use is not authorized by the owner of the intellectual property, its agent or the law;

9.1.6. the signature, in writing or electronically, of the person authorized to represent the holder of these rights or his / her certificate of identity if available.

9.2. The contact information for the HDCE.CA representative responsible for complaints is:

HDCE.CA.
For the attention of: Hughes Boivin
Phone: +1 (819) 850-1788
Email: info@hdce.ca

10. Exemption from guarantees and liability

10.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

11.1.1. we make no representations or warranties that the Service will meet your requirements, that the use of the Service will be continuous, timely, secure or error-free, that the results obtained through the Service will be accurate and reliable, that the quality of products, services, information or other materials purchased or obtained through the Service will meet your expectations, that servers that allow access to the Service will be free of viruses or worms or other harmful elements; or that errors of the Service will be corrected;

11.1.2. we can not be held responsible for any interruption of service that may occur due to a power failure, telephone, or any other inconvenience arising from a situation over which we have no control;

11.1.3. we do not guarantee the delivery of the data sent, nor the availability at any time of the connection on the Internet;

11.1.4. for reasons of maintenance, we reserve the right to suspend temporarily and without notice access to the Service or to certain functions of the Service, without the unavailability of the Service giving any right to any responsibility on our part;

11.1.5. we will not be liable for any damage, deletion, loss or alteration to any file, database, transaction log, program or other such item that is used by you in connection with the Service or resulting from the use of the Service;

11.1.6. you are solely responsible for any damages that may be caused to your computer system or for loss of data resulting from downloading or obtaining documents. You are solely responsible for all service charges, repair or correction that can not be attributed to us in any case or to affiliated companies, suppliers or licensees;

11.1.7. any service, advice or information, verbal or written, that you obtain from us or through us may not give rise to a warranty that is not expressly provided for in these Terms and Conditions binding us;

11.1.8 you are solely responsible for ensuring the renewal of your domain name (s) before the due date. After this date, fees may apply to recover your domain name.
11.1.9. we reserve the right to definitively discontinue the Service, without delay or compensation of any kind whatsoever.

11.2. By using the Service you acknowledge that:

11.2.1 these General Terms and Conditions of Use are reasonable and necessary for the protection of our legitimate interests;

11.2.2. If one of the provisions of the Terms and Conditions is the subject of a judicial opinion of nullity and unenforceability, pronounced by court of competent common law, you nevertheless agree that the court must seek to give full effect to the intentions of the parties as reflected in this provision and that the remaining provisions will remain in effect;

11.2.3. that damages may be insufficient to remedy a failure on your part to comply with these Terms and Conditions of General Use and that, consequently, they will be liable for performance in kind. We will have the right to resort to a court of competent jurisdiction to obtain against you an injunction order to enforce its provisions, without prejudice to its other rights and remedies, on the understanding that an action for damages would seek then to compensate for the damages suffered while an injunction would rather seek to prevent this violation from continuing in the future;

11.2.4. You acknowledge that any waiver by us of the rights and remedies provided in the Terms and Conditions of General Use shall not be resisted to us unless it is in writing and signed by a duly authorized representative for that purpose.

12. Monetary limitations of liability

12.1. You agree that in the event of a breach of contract by us, the only compensation payable against us for any direct or indirect damage shall be limited to reimbursement of the cost of using the Service for the current period, depending on the service chosen and percentage of the completed task. You will not be entitled to any other compensation, including but not limited to any loss of profits, data, direct or indirect damages or any other claim of this kind, even if we would have been advised of the possibility of such damage.

13. Current law and dispute resolution

The Service is operated from Drummondville. By using Our Services, you agree that any legal matter relating to your use of the Service and the General Terms and Conditions of Use shall be interpreted under the law in force in Quebec and applicable in Canada where applicable. The Courts of Montreal, Quebec, Canada have exclusive jurisdiction to decide any dispute between us.

14. End of the contract

You are free to stop using our services at any time by notifying the person in charge of your file. The termination of the contract may also occur if we terminate the contract binding us under the Terms and Conditions of General Use. In any case, you will not be entitled to any refund while any amount due to us will remain due and payable against you.

Online Store
From the Site: www.HDCE.CA.ca

Legal texts
Legal Notice
All pages of the HDCE.CA.ca website are protected:
© 2018 – HDCE.CA.ca
All rights reserved

1. Introduction

1.1. Welcome to www.HDCE.CA.ca made available by HDCEINC (hereinafter referred to as “HDCE.CA”). For your protection and ours, we have established the general terms and conditions as a user of our Online Store Service (“Shop User Terms and Conditions”).

1.2. The General Terms and Conditions of Use also apply to any other HDCE.CA property website that you may wish to consult from time to time. Your acceptance of these Online Store Terms and Conditions also applies to any other site offered by HDCE.INC by making the necessary adjustments.

1.3. These Online Store Terms and Conditions supersede any prior agreement. These terms and conditions are in addition to the General Terms and Conditions of Use and other specific Services offered by HDCE.CA.

1.4. Specific conditions may apply for Services offered by third parties, such as online payment solutions. We encourage you to review these specific documents before you begin using these Services and they are also included in your consent to these Online Store Terms and Conditions. In the event of any inconsistency, these Online Store Terms and Conditions will prevail over the General Terms and Conditions of Use.

1.6. As these clauses are subject to change without notice, we encourage the Store User to check this page regularly. Any changes to these terms and conditions will be added to this page and it is understood that your use of the Online Store Service, as a result of the changes, constitutes your acceptance of the amended terms.

1.7. You are fully responsible for the use of the Service. If you are not satisfied with certain elements of the Service or the Terms and Conditions of Online Store, your sole remedy is to stop using it.

2. Confidentiality clause

2.1. Subject to our Privacy Policy, HDCE INC undertakes not to disclose any information to a third party about the performance of this Agreement and also to disclose any statistical or technical information from any party to any third party. All information to which HDCE.INC will have access as part of its services will remain expressly confidential for the duration and after the termination of the agreement between HDCE.INC and the client.

3. Termination

3.1. This Agreement shall take effect on the date of its signature and shall expire upon cancellation by both parties, subject to compliance with these clauses. This Agreement may be terminated by HDCE.CA by simple written notice, sent by email to users 30 days before the date of termination of this Agreement.

4. Invalidity of the Convention

4.1. If any provision of this Convention is found to be void under any applicable rule of law or law, it shall be deemed unwritten and shall not render this Convention void.

4.2. The fact that HDCE.CA has not required, temporarily or permanently, the application of a provision of the present clauses of this Agreement, can not be considered as a waiver of the rights held by HDCE.CA.

5. Current law and dispute resolution

5.1. The introduction and the preamble are also part of this Convention.

5.2. HDCE inc. is operated from Drummondville. Any legal question arising out of or related to your use of our services, as well as the questions related to these clauses, will be interpreted under the Quebec and Canadian legislation in force. The Courts of Montreal, Quebec, Canada have exclusive jurisdiction to decide any dispute arising out of or relating to any of the Terms and Conditions binding us or your use of our services. By using the various Online Store Service of HDCE.CA, the User admits without reserve the jurisdiction of the courts of Quebec, for any dispute.