Terms and Conditons
This Terms and Conditions Agreement, also called Terms of Service Agreement (“Agreement”), is made by and between Baystream Corporation, with head office located at 1200 McGill College, Suite 1100, Montreal, QC, H3B 4G7, Canada (“We” or “Us”), and you (“You”).
WHEREAS We are the owner and operators of a number of web sites and applications available at domain https://www.baymain.com and its sub-domains (“Site”) that We market directly and indirectly by means of our Site and other means; and
WHEREAS You wish to utilize our Services, as defined in Section 1.6, and We wish to provide these to You, pursuant to the terms and conditions set forth in this Agreement;
NOW THEREFORE, in consideration of the mutual undertakings herein contained, the parties agree as follows:
By accepting this Agreement, either by physically or by digitally signing this Agreement or by executing a Purchase Order that references this Agreement, or by accepting an End User License Agreement (EULA) that references this Agreement, or by visiting the Site although you have been made aware of the existence of this Agreement, You agree to the terms of this Agreement. If You are entering this Agreement on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its Affiliates to these Terms and Conditions, in which case the terms “You” or “Your” shall refer to such entity and its Affiliates.
This Agreement was last updated on May 8, 2015.
1.1. “Account” means the account opened under Your subscribed name.
1.2. “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.3. “Malicious Code” means viruses, worms, time bombs, Trojans and other harmful or malicious code, files, scripts, agents or programs.
1.4. “Purchase Order” means the document or contract or agreement or Web Form that confirms Your intention to purchase our services. Purchase Orders issued by You, become effective when agreed to by Us or when submitted via a Form provided by Us found on Our Site or an electronic Mail (email) that originates from Us.
1.5. “Basic Support” means the support services We provide to You at no extra charge which includes using Our commercially reasonable efforts to promptly address and resolve Application or Service Errors.
1.6. “Application or Service” means separately; the Site, Web-based and Desktop-based applications, IAAS applications, but excludes Third Party Systems, as well as the Contract, Consulting and Manpower Services that we may provide to You, further described under section 3.2 called Description of Services.
1.7. “Application or Service Errors” means any interruption in the availability of any Service or Application or errors in the execution of any Service or Application.
1.8. “Third Party” means entities other than Baystream Corporation or its Affiliates.
1.9. “Third Party Systems” means applications or services that are owned or licensed by any Third Party and whose use and enjoyment is governed by agreements between You and that Third Party.
1.10. “Users” means individuals who use the Services.
1.11. “Your Data” means all electronic data or information submitted by You to Us directly or though the use of the Services, including all text, photographs, caricatures, illustrations, designs, charts, graphs, icons, articles, audio clips, video clips, and other materials posted, emailed, transmitted, created, or otherwise utilized by You or Your Users while interacting with the Application or Service.
2.1. If You register on our Site for a Free Trial, We will make all or part of the Services available to You on a trial basis free of charge until the earlier of (a) the end of the Free Trial period for which you registered or are registering to use the applicable Application or Service or (b) the start date of any Purchase Order for a paid subscription to the Services. Additional terms and conditions may appear on the Free Trial registration web page within the Site. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
2.2. ANY DATA YOU ENTER INTO THE SERVICES AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL PERIOD MAY BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE FREE TRIAL PERIOD. NOTWITHSTANDING SECTION 10 (WARRANTIES AND DISCLAIMERS), DURING THE FREE TRIAL PERIOD, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.