Netsym Communication Inc. (hereinafter “Netsym”), a registered company, is the owner of the AgentSolo.com Internet site. AgentSolo.com is a business network that facilitates the negotiation of professional services and the development of professional contacts. It is specifically intended for:
- independent professionals or businesses that have services to offer and wish to promote their skills
- small, medium- and large-sized business or individuals who are searching for professional services and would like to make their needs known.
There are four types of AgentSolo.com Web site users, namely ordinary Visitors and three categories of Members: Solo Agent Guests; Solo Agent Premium Members; and Buyers. As specified in Article 2, each of these four membership categories has distinct privileges.
a. Membership Account
A record of Personal Information provided by the Member when registering at the AgentSolo.com Web site to ensure ongoing communications and enable use of the site.
Some of the Personal Information (first and last name) in a Membership Account may also be published in Profiles, Projects, Quotes or any other documents published by Members.
This contract, which is binding on Members in their use of any of the services provided by AgentSolo.com, on Visitors simply by visiting the AgentSolo.com Web site, and on AgentSolo.com managers.
Individuals or corporations that register for AgentSolo.com services free of charge or for a fee in order to be entitled to the privileges associated with the membership category they have chosen (Solo Agent Guest, Solo Agent Premium Member or Buyer).
d. Solo Agent Guest
Solo Agent Guests are entitled to use the services free of charge and are allowed to post their Profiles on the Web site. However, they have limited access to certain information and have fewer advertising privileges than Solo Agent Premium Members. Moreover, they may not submit Quotes on Projects, unless a Buyer has specifically invited them, and they may not initiate contact with other Members.
Buyers are entitled to use AgentSolo.com services by paying a fee (in accordance with Article 7), which entitles them to post an unlimited number of Projects on the Web site throughout the duration of their membership. They may invite Solo Agent Premium Members or Solo Agent Guests to submit Quotes on Projects they have posted. They may also contact Solo Agent Premium Members or Solo Agent Guests any time using the messaging system. However, they have partial access to information about Projects posted by other Members. Moreover, they may not submit Quotes on Projects.
For promotional purposes, AgentSolo.com may occasionally offer Buyers services free of charge or at a preferential rate. This does not change the obligations of Buyers who are taking advantage of these special offers.
f. Solo Agent Premium Member
Solo Agent Premium Members are entitled to use the AgentSolo.com services by paying a fee (in accordance with Article 6), which gives them access to certain information about Projects posted on the Web site as well as Buyers’ Profiles. They are also allowed to actively communicate with other Members (Messaging System, Quotes and Projects). Lastly, their Profiles have sections that are exclusive to their membership category (Portfolio and Web site address).
For promotional purposes, AgentSolo.com may occasionally offer Solo Agent Premium Members services free of charge or at a preferential rate. This does not change the obligations of Solo Agent Premium Members who are taking advantage of these special offers.
All the information posted by Buyers that describes the services they are searching for.
All the public, non-confidential information that different Members post on a page presenting their services.
Proposal for services prepared by Members who are responding to Projects posted on the Web site. Quotes are published by Members and are not monitored by AgentSolo.com.
A Visitor is anyone who is not a Member. Visitors have limited privileges. Their access is restricted to only some of the information and they are never required to provide any information whatsoever about themselves.
3. AgentSolo.com’s Obligations and Responsibilities
a. AgentSolo.com’s Obligations
i. AgentSolo.com Infrastructure Organization
AgentSolo.com establishes the infrastructure required to put the different categories of Members in contact so that they may use the AgentSolo.com business venue for self-employed workers. This obligation is contingent upon means and cannot be guaranteed under all circumstances.
In particular, AgentSolo.com cannot guarantee that its online services will be accessible at all times. Moreover, AgentSolo.com cannot ensure that interruptions to services or Web site access will not occur, both for reasons associated with internal management of the Web site (problems with the server, programming, software, hosting) and for external causes related to the very nature of the Internet over which AgentSolo.com has no control.
Nonetheless, AgentSolo.com undertakes to do whatever it can in attempting to mitigate damages resulting from a service interruption.
ii. No Control Over Members
As specified in Article 1 (Preamble), AgentSolo.com makes no claim to have the slightest control over the truthfulness, accuracy and factuality of information posted by Members in their Profiles, Projects, Quotes or any other documents.
iii. Possibility of Sanctions Against Members
These sanctions could include denying the Member concerned access to AgentSolo.com services without a refund.
b. AgentSolo.com Liability Waiver
i. General Conditions of Liability
1. Waiver of Liability
AgentSolo.com provides no warranty whatsoever with respect to use of its Web site and/or the documents published there. The online content is intended solely for information and reference purposes and is provided "as is."
The act of accessing this information does not create a consultant-client relationship.
In using the AgentSolo.com Web site, Members and Visitors acknowledge exposing themselves to the risks associated with any online facilities.
2. Limited Liability
In using AgentSolo.com services, Members and Visitors agree and accept that the Web site cannot be held liable for any direct, indirect or other loss or damage such as:
- The loss of profits or clients;
- Commercial damage;
- The loss of documents;
- The presence of a virus or some other attempt to inflict damage;
- The publication of inappropriate or illegal material;;
- Losses caused by unauthorized access by a third party;
- Losses due to a service interruption.
Members acknowledge having been sufficiently informed that AgentSolo.com serves solely as a facilitator and that some of the Web site functionality is impossible to guarantee
Should AgentSolo.com ever be held liable in any way whatsoever towards a Member or Visitor, the compensation payable may never exceed the regular membership fees paid by a Solo Agent Premium Member during a six (6) month period.
ii. With Respect to Profiles, Projects, Quotes and Other Documents
As specified in Articles 3) a) ii) and 4) b), AgentSolo.com has no control over the documents posted by Members, whether in their Profiles, Projects, Quotes or any other documents. AgentSolo.com does no methodical verification in this regard and cannot ensure the validity of a Member’s claims or identity
Consequently, Members are entirely responsible for the Profiles, Projects, Quotes, News and Tips and other documents they publish and AgentSolo.com cannot be held liable for any such information published by Members on the Web site
4. General Obligations of Members
a. Right to Use the Web Site
Every Member is granted a non-exclusive, personal, non-transferable license for limited use of the AgentSolo.com Web site in accordance with the purposes set forth in the Preamble.
If one or several representatives are authorized to act on behalf of a corporation, these representatives must be identified beforehand to the AgentSolo.com services. If one of these representatives changes, the information must be updated by one of these representatives in the section My Activities > Account Management > Contact Information, by entering the new representative’s contact information.
b. Truthfulness of Declarations
Although AgentSolo.com is under no obligation to verify the claims Members make in their Profiles, Projects, Quotes or any other documents (see Article 3) a) i)), Members declare using solely information that characterizes them truly and accurately and that reflects their real identity. Any behaviour contrary to this is considered an act of disloyalty that entitles AgentSolo.com, at its own discretion, to impose what it considers appropriate sanctions.
Members also declare that all the information they provide AgentSolo.com with in filling out the Membership Account form is truthful and accurate.
Members are responsible for updating their Profiles, Accounts and any other documents with any changes that may be required to the information therein.
c. Forbidden to Post Contact Information
Members are not allowed to make their contact information publicly accessible in any document they post on the Web site, whether in their Profile, Projects or any other documents. This rule applies to all types of contact information, including e-mail addresses, telephone numbers, fax numbers and instant messaging software (ICQ, AIM, Messenger, etc.).
Members may post the URL address of their Web sites only in the field clearly identified “Web site,” which is provided for this purpose in the Profile. This URL address is displayed in the public Profiles of Solo Agent Premium Members and Buyers but not in the Profiles of Solo Agent Guests.
d. Obligation to Use the AgentSolo.com Web site with Loyalty and in Good Faith
To contact another Member, Members must use the communication framework provided by the Web site, which is based on the process of posting Projects and providing services.
AgentSolo.com also permits access to a messaging service in certain situations:
- Buyers may send "new messages" any time to Solo Agent Premium Members or Solo Agent Guests;
- Solo Agent Premium Members may send "new messages" any time to Buyers, Solo Agent Premium Members or Solo Agent Guests;
- Solo Agent Guests may reply to messages they receive from Solo Agent Premium Members or Buyers but they may not send "new messages."
Any attempts by Members to post their contact information publicly on AgentSolo.com in order to bypass the use of AgentSolo.com services is considered to be a dishonest act. AgentSolo.com, at its own discretion, may therefore impose what it considers appropriate sanctions. For example, Members may not post their e-mail address in their Profile, which is publicly displayed on the Web site; however, they may send a telephone number using the messaging system.
Members are under the obligation to communicate with other Members in a courteous and diligent manner. For example, they must convey, in a timely manner, their decision whether or not to continue a business relationship with another Member, rather than leave the Member in suspense.
e. Limits on Use of the AgentSolo.com Web site
The AgentSolo.com Web site may only be used in keeping with the purposes of a Web site intended for self-employed workers. Thus, by way of example, Members are specifically forbidden to engage in any of the following activities:
- Using the functionality of the AgentSolo.com Web site contrary to the purposes set forth in the Preamble;
- Publishing inappropriate or illegal material on AgentSolo.com, including escort services, dating services or any services of a sexual nature, pyramid Using the AgentSolo.com Web site functionality to send any form of unsolicited e-mail (spam) to other Members;
- Using the AgentSolo.com Web site in any manner liable to undermine its operation, confidentiality and security;
- Sending documents containing viruses that could inflict damage.
f. Responsibilities and Obligations with Respect to the Legality of Members’ Actions
Individual Members are solely responsible for the consequences of their actions and use of AgentSolo.com services. In addition to this exclusive responsibility, Members must ensure that their actions and behaviour comply with the laws, regulations, codes of ethics and contracts applicable to their situation.
Moreover, AgentSolo.com advises Members who are about to sign agreements to ensure the following points:
- Moreover, AgentSolo.com advises Members who are about to sign agreements to ensure the following points;
- Compliance of their agreement with the potential application of a code of ethics (with respect to confidentiality rules, conflicts of interest, etc.).
Each Member must exercise due diligence in the safekeeping and use of their personal passwords and compliance with the other security measures established for use of the AgentSolo.com Web site. Members are also obliged to ensure that all documents they send are free of any viruses or files that could inflict damage.
Individual Members and persons responsible for corporate Members must be at least eighteen years of age.
Solo Agent Premium Members and Solo Agent Guests declare that they are Canadian residents and have a right to work in Canada.
i. Change in Membership Category
All Members must fulfill the obligations associated with the general status of Member. They must also adhere to the specific obligations associated with the different membership categories: Solo Agent Guest (Article 5); Solo Agent Premium Member (Article 6); and Buyer (Article 7).
5. Specific Obligations of Solo Agent Guests
Solo Agent Guests are subject to the terms and conditions of Article 4 that are applicable to Members.
6. Specific Obligations of Solo Agent Premium Members
Solo Agent Premium Members are subject to the terms and conditions of Article 4 that are applicable to Members.
Moreover, Solo Agent Premium Members agree to pay AgentSolo.com according to the terms and conditions in effect at the time of their registration or renewal.
Solo Agent Premium Members are entitled to the privileges associated with their membership category for as along as they comply with the terms of payment in effect. Solo Agent Premium Members who do not comply with the terms of payment automatically become Solo Agent Guests.
7. Specific Obligations of Buyers
Buyers are subject to the terms and conditions of Article 4 that are applicable to Members.
Moreover, Buyers agree to pay AgentSolo.com according to the terms and conditions in effect at the time of their registration or renewal.
Buyers are entitled to the privileges associated with their membership category for as along as they comply with the terms of payment in effect. Buyers who do not comply with the terms of payment automatically become inactive Buyers.
8. General Provisions
a. Governing Law
Members and Visitors acknowledge that any dispute that may arise between them and AgentSolo.com will be governed by the applicable law in Quebec.
b. Court Jurisdiction
Members and Visitors acknowledge that any dispute that may arise between them and AgentSolo.com will be judged in the district of Montreal, Quebec.
9. Refund Policy
Members may cancel their membership any time by making a cancellation request. In cancelling their membership, Members are giving up the privileges associated with their membership category. No refund will be given to Members who cancel their subscription before it becomes due.
10. Intellectual Property
a. Scope of Intellectual Property Protection
AgentSolo.com has a variety of tools, documents, software, identifying marks, logos, processes and other developments that meet the criteria of a work protected by Canadian and international legislation governing intellectual property. All Members and Visitors agree to comply with these provisions and to make every necessary effort to do so. Members and Visitors are not allowed to reproduce, distribute or otherwise use any of this protected material.
Nonetheless, Members or Visitors are allowed to add the AgentSolo.com Web site logo on a Web site for which they are responsible. In all cases:
- The logo must be removed immediately should AgentSolo.com so request
This tolerance is extended by AgentSolo.com with sole responsibility borne by Members or Visitors who decide to add the logo to their Web site
b. Hypertext Links
Members or Visitors may add a hypertext link to the AgentSolo.com Web site on a Web site for which they are responsible.
In all cases, a hypertext link to one of AgentSolo.com’s pages must be removed immediately should AgentSolo.com so request.
This tolerance is extended by AgentSolo.com with sole responsibility borne by Members or Visitors who decide to add the hypertext to their Web site.
c. Content provided by Members
Members provide content that is accessible on the AgentSolo.com Web site (Profiles, Projects, Quotes, Messaging System, News and Tips). Members and Visitors are not allowed to reproduce or disseminate content provided by other AgentSolo.com Members without their consent.
11. Protection of Personal Information
Should a Member wish to remove some of the Personal Information considered mandatory on the AgentSolo.com Web site, closure of the Member’s account may be necessary.
(last update on February 7, 2007)