Terms and Conditions of Use

Kronos

Terms and Conditions of Use

Last update: June 15, 2020 

  1. Acceptance of contractual terms

    The following terms and conditions of use apply to Equisoft/connect applications (Web, iOS, Android, gateways, and any other application requiring a Equisoft/connect license), Equisoft/plan applications (Web, Express, Cient Portal, and any other application requiring a Equisoft/plan license). Please read this document carefully, since the use of this application is subject to your unconditional acceptance of the terms and conditions set out by Equisoft Inc. (hereinafter referred to as “Equisoft” or “we”).

    Since our applications are varied, specific or additional terms and conditions may apply to certain applications. These additional conditions and terms of use will be provided with these applications. Should you choose to use the applications, you agree to add the additional conditions and terms of use to your contractual commitment with Equisoft.

    By clicking on “Accept and Continue”, you agree to these terms and conditions.

  2. General terms and conditions 
    1. You agree:
      1. not to commercially exploit or reuse the content of the Equisoft applications;
      2. not to copy, modify, hack into, decrypt or discover by any other means the software code developed by Equisoft or adapt, distribute, publish or communicate any of the elements of the content without the prior written permission from Equisoft;
      3. not to use the Equisoft applications for purposes that are unlawful or prohibited under these terms and conditions;
      4. not to infringe the intellectual property rights, the integrity and confidentiality of the data or the privacy of individuals;
      5. not to use the Equisoft applications in ways that will damage them, put them out of operation, overload or compromise them or disturb or disrupt the use or consideration of the services by other users;
      6. not to try to obtain unauthorized access to a user account, system or network linked to Equisoft services;
      7. not to use our applications to download, send or store illegal, racist, vicious, obscene, porngraphic, discriminatory content or files that contain viruses, Trojans or any other similar malware;
      8. not to display or send unsolicited or unauthorized advertisements, promotional material, spam, chain letters, invitations to pyramid schemes or any other form of duplicative or unsolicited messages, commercial or otherwise; or to use emails for reprehensible or illegal activities (scams, hoaxes, spams, etc...).
    2. Access code and password

      You must safeguard the confidentiality of your access code and password at all times and ensure that this information is not divulged under any circumstance, except to the individuals involved in simultaneous access.

      You are solely responsible for the activities carried out with your access code and password, since Equisoft is not responsible for verifying the true identity or authority under which the individuals who use your access code and password act. You are therefore bound by the use of your electronic identification, including any unauthorized use by individuals without your knowledge or accord.

      As such, you recognize that in no event will Equisoft be held liable for any loss or damage as a result of the use of your access code and password by a third party. Should Equisoft act on instructions from you or any person using your access code and password, you agree to indemnify Equisoft for any claim, loss or expense arising out of the use of your access code and password, whether or not such uses were authorized by you.

      Should an individual obtain your access code and password without your authorization or should you become aware of any other breach of confidentiality, you must advise the Equisoft Help Centre as soon as possible.

  3. Data privacy and security
    1. Confidentiality of the information

      Equisoft aims to protect the confidentiality of the information pertaining to its activities and its clients’ personal information. In addition to the confidentiality obligations under the Act respecting the distribution of financial products and services and the Act respecting the protections of personal information in the private sector and their regulations, you must protect the confidential nature of the information that Equisoft makes available to you through its applications. Under no circumstance may you communicate or make accessible the information contained in the Equisoft applications, except to the individuals who are duly authorized to receive or access the information, in keeping with the Equisoft clause pertaining to the protection of confidential information under the licence agreement between your access provider and Equisoft. Equisoft cannot be held liable for any loss or damage that may be the direct or indirect result of a breach of confidentiality of the information communicated or transmitted in violation of these terms and conditions. You agree to immediately inform Equisoft of any violation that could compromise the confidentiality of the information and indemnify any claim, loss or expenses that such communication or transmission may result in.

    2. Equisoft may access your information so as to adequately respond to your needs in terms of technical support. Equisoft will not divulge this information, except under the authority of the law or if duly authorized by you.

  4. Property
    Copyrights and trademarks

    1. The content of the Equisoft applications is protected under Canadian copyright laws. Copying, reproducing, publishing or redistributing all or part of the content of the Equisoft applications is strictly prohibited. Equisoft owns the trademarks used in connection with the products and services it provides, including names, designs, logos, icons, drawings, words, titles and phrases. These trademarks are protected under Canadian trademark law and cannot be used without the prior authorization of Equisoft.

    2. Data property
      Equisoft remains the owner of the Equisoft/connect and Equisoft/plan applications and of all improvements made thereto. As a result, Equisoft is the exclusive owner of all source codes and intellectual property rights linked to the Equisoft/connect and Equisoft/plan applications. The Client remains the owner of all data saved on Equisoft/connect and Equisoft/plan applications.

  5. Third party service providers
    1. External sites
      Our applications may contain links to external sites. Your use of these external sites, should you access them, are regulated by specific terms and conditions. Please be advised that Equisoft is in no way responsible for the content of these sites or the ways in which your data is processed. In no event can Equisoft be held liable for any loss or damage directly or indirectly caused or allegedly caused by the access or use of these sites.
    2. Data integration into Equisoft applications
      The Equisoft applications may contain features that will allow third party software to directly integrate data into Equisoft/connect and Equisoft/plan applications. Through the gateways developed by Equisoft, application users may access their client’s investment and insurance information. Equisoft is not responsible for the quality of the data that is transmitted or integrated into its applications and cannot be held liable for any data loss or corruption.
  6. Lack of Advice
    THE INFORMATION, DATA AND CONTENT FOUND IN THE VARIOUS EQUISPFT APPLICATIONS ARE USED FOR INFORMATIONAL PURPOSES ONLY and do not aim to provide legal, accounting, financial, fiscal or investment advice, to anyone. Equisoft will not be held responsible for damages you may suffer when entering confidential information in the Equisoft applications. Before making any decisions based upon the information found in the Equisoft applications, you should check the information provided by all providers to confirm the accuracy of the given information.
  7. Prerequisite
    Some features of the Equisoft applications require computer-based prerequisite, such as:
    1. Letter Merging: To use this feature, you must use the Microsoft 2003 software or a more recent version.
    2. Browser: The Equisoft/connect and Equisoft/plan applications are compatible with the latest version of the Mozilla Firefox, Google Chrome, Safari, or Microsoft Edge browsers.
  8. Database Management
    When agreeing with the terms and conditions of the Equisoft/connect or Equisoft/plan application, you understand the four hierarchical administrative levels of your database:
    1. The owner is the person who signs the contract. He is the owner of the database, and so, responsible of the contract he signs, regardless of the number of users sharing the database. He will be responsible of billing for our applications and other services.
    2. The administrator is the person who manages the database and who is allowed, in the same way as the owner, to add, withdraw and change billable products and services (adding or deleting users, changing services, approve service costs, etc.). Furthermore, the database administrator has access to a more complete dashboard than the user. There can be more than one administrator per database.
    3. The user is the person who uses the Equisoft/connect application without the rights and responsibilities of the owner or the administrator.
    4. Concurrent access allows another person to access the database with the access codes of another user, administrator or owner.

      You understand and agree that the owner (person who signs the contract) of the database is under no obligation to approve the transfer of a user towards another database and that any dispute concerning your user account and/or content must be solely handled between you and the owner of your database. You can not intent to sue or appoint Equisoft in any dispute relating thereto. You must also defend, indemnify and protect Equisoft from all related damages, costs and expenses.
  9. Costs and payment methods
    1. Administration Fees
      1. $30/refused payment
      2. Administration fees will be charged by Equisoft for every refused payment.
    2. User license agreement for Equisoft/connect and Equisoft/plan applications
      The payments are on a monthly basis and must be made by preauthorized debits in the Client’s bank account.
      The first month of billing will be prorated and calculated according to the number of days left in the month, following the Equisoft/connect or Equisoft/plan applications' installation date. The same rule applies when the Client adds a user or a concurrent access. The amount to be paid will be prorated according to the number of days left in the month after the activation. That amount will be billed the following month.
      In cases of the withdrawal of a user or a concurrent access, the Client must notify Equisoft in writing at the very latest on the 15th day of the month in order to avoid being charged for an additional month. No credit is applied.
    3. Cost Guarantee
      The Usage License for the Equisoft/connect and Equisoft/plan applications is subject to an annual increase, on January 1st of each year, of the order of 2% maximum. Other prices may change with at least a 30-day notice.

  10. End date and termination
    You can cease to use our applications at any given time. However, we hope that you will continue to use them. Equisoft is within its rights to stop giving you access in whole, or in part to its applications, or to add or create new limitations of use to its applications, and this, at any given time.
    1. Termination by Equisoft
      1. Equisoft may end this contract:
        1. At all times, by sending a written notice to this effect to the Client, in the event that the Client is in default with the terms of this contract;
        2. After sending a 30-day notice to this effect in writing to the Client.
      2. Termination by the Client
        1. The Client may end this contract:
          1. At all times, by sending a written notice to this effect to Equisoft, in the event that Equisoft is in default with the terms of this contract; Beginning 3 months after this date by sending a 30-day notice to this effect in writing to Equisoft.
      3. Effect of termination
        Upon termination of this contract, and for any reason, the Client will send to Equisoft, upon a simple request, all documents and document copies related to the Equisoft/connect and Equisoft/plan applications in the Client’s possession at that time.
        At the termination of this contract and for any reason, the Client may obtain a copy of safeguard data, according to the effective costs, if a written request to this effect is sent to Equisoft at the latest 30 days following contract termination.
      4. Usage License
        The Client adding a Usage License (for a new user or a concurrent access) cannot terminate it until 3 months following its activation date, by sending a written notice to this effect to Equisoft at the latest on the 15th day of the month prior to deactivation.
  11. Limit of liability
    Equisoft will take all reasonable measures to ensure that its applications are accessible. However, Equisoft cannot be held liable for any loss, including loss of revenue, expenses or damages incurred by you or your clients should the access to the Equisoft applications become impossible, delayed or revoked.
    To the extent permitted by law, Equisoft, its providers and distributors, disclaim any liability for loss of profits, revenue or data, or indirect, special, consecutive, exemplary or punitive damages or interests.
    To the extent permitted by law, the total responsibility of Equisoft, its providers and distributors, for any claims under these conditions and terms of use, including any implied warranty, is limited to the last monthly amount you paid us to use the applications (or, if such is our choice, to give you the said services again).
  12. Account Information from Third Party Sites
    Users may direct Equisoft to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). Equisoft works with one or more online service providers to access this Account Information. Equisoft makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Equisoft is not responsible for the products and services offered by or on third-party sites. Equisoft cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Equisoft cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
  13. Amendment of the terms and conditions
    Equisoft reserves the right to amend the terms and conditions of use of its applications at any time, and your continuous use of the Equisoft applications will be considered as your agreement with the amendment. The responsibility falls to you, to regularly check, on the different Equisoft websites, for any amendments made to the conditions and terms of use. Furthermore, the date of the last modification will always be indicated.
  14. Assignment
    This contract may not be assigned in whole or in part by the Client.
  15. Interpretation
    This contract reflects the complete agreement between the parties in relation to the objects targeted by these parties. All agreements, promises, proposals, offers or other documents related to this group, are consequently void and of no effect.
  16. Support
    Should you require support or further information, please contact us via mail or email at the following address.

    Equisoft Inc.
    1250 boul. René-Lévesque Ouest, 33rd floor
    Montréal, Québec, Canada, H3B 4W8
    support.connect@equisoft.com / support.plan@equisoft.com
    Telephone: +1 514 989-3141
    Toll-free: +1 888 989-3141 
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