Precision Consulting & Automation Inc.
These Terms and Conditions ("Terms" or "Agreement") represent a binding agreement between Precision Consulting & Automation Inc. and You. It is important that you understand your responsibilities and the limitations to the services which You choose to use. Our services are diverse and as a result additional service specific terms may apply. If this is the case, these service specific terms shall become part of Our agreement.
Please use Our services responsibly. By using Our website or any of Our services, You agree to Our Terms. Take note that these Terms change from time to time. If You have used Our services before, You cannot assume that the Terms are still the same. You should review them on a regular basis.
You wish to use vortext.ca's services (meaning messaging services as provided under these Terms; hereinafter "Service"). By applying for the services using Our online registration form You are using Our services at Our sole discretion. vortext is a product of Precision Consulting & Automation Ltd., a company registered in Huntsville Ontario (hereinafter vortext.ca; "We"; "Our"; "Us").
If You wish to use Our Services We are willing to make the Services available to You subject to and in accordance with these Terms.
You are entering into a binding agreement. If You accept these Terms of use of Our Service on behalf of your employer or another person, You confirm that You have the consent of your employer or that person to act on their behalf. THESE TERMS APPLY TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON OUR WEBSITE, including notices of cancellation, policies, contracts, and applications. You are not eligible to accept these Terms or use Our Services if You are not of legal age to form a binding contract with Us or if You are barred by law to use Our services.
Our service is provided to you on a pay as you go basis. You are free to terminate Our service at any point without notice. However, we do not provide refunds for any unused portion of any monthly payments you have made on your account.
You agree to pay all Charges due to Us in respect of making the Service available to You and your access to and use of the Service by pre payment of send credits or monthly payments for our SMS Apps and in accordance with the terms as set out herein.
You agree to pre-purchase send credits as needed and to pay monthly for specific SMS Apps. Each message you send using the Service will therefore reduce your amount of send credits available to You by 1 or more depending on the length of your message and or use of multimedia messages which requires 2 additional credits. Any credits you purchase are yours and will never expire.
You shall be solely responsible for purchasing enough send credits according to your needs and checking your remaining available credits in the my account area of the vortext system. We shall not be in any way responsible or liable in the event that You have insufficient credits to meet your requirements.
After the Free trial is completed, You will have the option to purchase additional send credits or subscribe to a monthly plan for an SMS App in order to continue using our service.
You must ensure that any information you provide us is complete and accurate. We may suspend or terminate any service if You give information that is not complete and accurate. You warrant that all information You provide to Us is complete and accurate and You indemnify Precision Consulting & Automation against any liability that may arise as a result of your failure to provide complete and accurate information. You must immediately notify Us if any of your information changes.
We will give You or ask You to choose an email address and password for each account. We may change, cancel or suspend your password which You will be notified about.
You must:
We will make the Services available to You using reasonable skill and care. You do however acknowledge and agree that the availability of the Services, your ability to access and/or use the Services and the conducting of any given Chargeable Event may depend upon factors beyond Our reasonable control, including (but not limited to):
We cannot therefore guarantee:
We provide all services "as is" and "as available", and We hereby do not warrant, represent or guarantee, whether expressly or by implication, that any Services are free of errors or interruptions, always available, fit for any purpose, secure or do not infringe any third party rights.
Unless We agree otherwise in writing, We will provide on-line technical support in respect of the Service available to You at the following e-mail address: support@vortext.ca
You will at all times keep confidential all information acquired as a consequence of using Our Services, except for information already in the public domain or information which You are required to disclose by law, requested by any Regulator or reasonably required by your professional advisors for the performance of their professional services.
Each party will comply with all applicable data collection regulations in the processing of any personal data, including the mobile telephone numbers of your end-users to whom messages will be sent as a consequence of making the Services available to You. Please see Our full privacy policy at Privacy Policy.
Either party may make use of the other party's name and visual identity for publicity and marketing purposes, without prior consent. Should this be unacceptable to either party, the withdrawal of consent must be communicated. Without limitation to the foregoing, no press release and/or any blog entry may be made by either party regarding this Agreement, without the prior consent of the other party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES.
You agree to indemnify and hold Precision Consulting & Automation, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Precision Consulting & Automation by any third party due to, arising out of or in connection with your use of the website and/or the Services.
All content, trademarks and data on our website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Us, and as such, are protected from infringement by domestic and international legislation and treaties.
We may grant You an individual, personal, non-exclusive and non-transferable license to use our proprietary software or application service, in object code form only, and only in accordance with the applicable Service Specific terms and other documentation.
Neither party will be liable for any delay in the performance of or any failure to perform any of its obligations under this Agreement that is caused by any event which is beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of necessary telecommunications, data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties, acts of government or Regulators or telecommunications network congestion.
Neither party will assign, transfer or sub-contract either in whole or in part any of its rights or obligations under the Agreement without the other party's prior written consent (not to be unreasonably withheld or delayed), provided that We shall be entitled without your prior written consent to assign, transfer or sub-contract in whole or in part any of its rights or obligations under the Agreement to any affiliated company.
If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.
These Terms shall be governed by and construed in accordance with laws of Ontario Canada and the parties hereto submit to the non-exclusive jurisdiction of the Ontario Canada courts for the purpose of enforcing any claim arising here-under.
For questions about these Terms of Service, please contact us: