Introduction

This page contains the Terms and Conditions governing your use of this website New Business Now.com.  These Terms and Conditions are binding on you and you should visit this page periodically to review its contents for updates and changes.

The terms "you", “your” and “yours” as used herein refer to all individuals and/or entities accessing this web site for any reason. The terms and “we”, “us”,  “our” and “the Corporation” refer to NBN Business Services Inc. operating as New Business Now.com.  Throughout this document, “website” refers to www.newbusinessnow.com, unless otherwise specified. “

NBN Business Services Inc. is an Ontario Corporation that provides information and products for incorporating and registering businesses in Canada.  The Corporation is not a law firm and does not provide legal advice or legal services.

The information provided on our website is just that – information. While we make every effort to provide timely, accurate information, the law is constantly evolving and changing. As a result, this information cannot be expected to replace the advice of a competent, legal professional. It is strongly recommended that you consult with your lawyer and/or other professional advisors before, or in conjunction with, using this website. As the author of any documents obtained from this website, you are solely responsible for their accuracy, correctness and compliance with applicable laws.

Please read the following terms and conditions that describe how our website may and may not be used.  Your use of our website indicates to us that you have read, understood and accepted the “Terms and Conditions” as outlined below. It also conveys to us that you agree to be legally bound by all terms and conditions, any pertinent rules or policies that currently exist, or which we may publish or post in future, and that you are 18 years of age or older. 

We reserve the right to update or modify these Terms and Conditions at any time, as we see fit, or according to new circumstances that may arise as a result of legal, market, technological or other change. Consequently, we encourage you to review these Terms and Conditions from time to time to ensure your ongoing knowledge of, acceptance of, and compliance with them.

Please ensure that you also read our site disclaimer and understand how it applies to the use of our website and its services.

If, after having carefully read these Terms and Conditions, you do not wish to accept or abide by them, you must terminate your use of our site immediately. 

Ownership & Use of Materials

Our website, including its design, text, content, graphics, images, logos, navigation tools, software, and other “materials” are the exclusive property of NBN Business Services, Inc., and are protected under Canadian and international copyright, trademark, intellectual property and other laws. None of these materials may by reproduced, reposted, republished, distributed, publicly displayed, sold, transferred, modified or used in any other way whatsoever without the advance, express, written consent of NBN Business Services, Inc. The materials may not be used in any way for public or commercial purposes, nor on any other website nor in a networked computer environment.

Please note that these conditions also apply to the use of the html code used to generate our website pages. It, too, is protected by our copyright.

You may view, download or print a single copy of the material presented on our website, provided that it is only for your personal, non-commercial, use.  

Unauthorized use of the materials on our website may be in violation of applicable copyright, trademark, intellectual property or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials on any copy you may make of these materials in accordance with these Terms and Conditions.

Use of Our Website

You may not, under any circumstances, use our website to contribute, post or transmit any material of an infringing, illicit, threatening, abusive, hateful, spiteful, harassing, libelous, defamatory, inflammatory, obscene, immoral, indecent, pornographic, profane or socially objectionable nature that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law.

You are also prohibited from engaging in any activity that violates or attempts to violate the security of our website, including (but not limited to): accessing data not intended for your use; logging into servers or accounts for whose use you are not authorized; trying to probe, test or scan the system or network’s vulnerability or to breach security measures or authentication procedures without authorization; attempting to interfere with service to any user, host or network, including (but not limited to) via means of submitting a virus, worm, Trojan horse, or any other software, device, engine or routine whatsoever to the website, overloading the system,  “flooding”, “mailbombing”, “crashing” or “spamming”; sending unsolicited email, including promotions/advertisements of products or services; posting chain letters or pyramid schemes; forging or falsifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting or impersonating someone else.

You are further prohibited from using any software, device, engine or routine that may interfere with the proper functioning of this website or any activity being conducted on it. If we have issued you a password to access a non-public area of our site, you may not disclose or share that password with any third parties for any unauthorized purpose. Navigating or searching this website by any means other than the search engines and navigation tools offered on our site or by industry-standard, reputable third-party web browsers such as Netscape Navigator and Microsoft Explorer is prohibited, as is any attempt to decipher, decompile, reverse engineer or otherwise interfere with any of the software used on this website. 

Security violations of our system or network could lead to civil or criminal prosecution. We will investigate and/or report any or all such occurrences to the proper law enforcement authorities and co-operate fully with them in prosecuting users who perpetrate or participate in such violations.

We reserve the right to expel users and deny them further access to our website, should they be seen as having violated the terms and conditions outlined here or the law.  We may take any action, at our sole discretion, with respect to user-submitted information that we deem necessary or appropriate if we believe it may result in potential liability for us or that it may cause us to lose, in whole or in part, the services of our Internet Service Provider (ISP) or other suppliers. All information you supply to us may, from time to time, be deleted at our discretion.

You agree not to resell or re-assign your rights and/or obligations under the Terms and Conditions outlined in this Agreement. You also agree not to make unauthorized use of this website for commercial purposes or gain.

Your Corporate/Business Name

We make no representations or warranties, express or implied, oral or written as to the availability of any name in any jurisdiction.  All name searches sold on this site are provided on an “AS IS” basis.  The name searches provided on this site should also be supplemented by other searches including Internet domain name, yellow pages and telephone directory searches.  We take no responsibility for your reliance as to the availability of a given proposed name.

You acknowledge and agree that the act of registering or reserving your corporate name does not make it immune to the possible objections of others.  You agree that, should any dispute with a third party arise as a result of a challenge to your registration or corporate name, you will indemnify and save us harmless.

You agree that you cannot assume that your corporation or business has been officially formed until you receive your original Articles of Incorporation/Business Registration Certificate from us.

Reporting Requirements

You agree that we will not be responsible for advising or reminding you of your requirements or obligations following the incorporation of your business, including (but not limited to) annual meetings, reports or taxes due. Our involvement with your company ends when your incorporation is complete. The ongoing maintenance of your business is your responsibility.

The Corporation’s Liability

The purpose of our website is to disseminate information relative to business start-up and to provide a means for individuals and businesses to obtain and complete relevant corporate and government documentation.  

We do not censor or screen any information that you may submit. Consequently, we have no control over the quality, safety or legality of the content or information you submit.

It is difficult to authenticate users on the Internet; as a result, we cannot and do not verify or confirm that each user is, in fact, who he or she purports to be. We do not, and cannot, be involved in user-to-user dealings nor control the behaviour of those who participate on our website. In the event that you have a dispute with one or more users, you agree to release the Corporation, as well as its agents, employees and affiliates, from any or all claims, demands and damages – actual and consequential, direct and indirect, express and implied – of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.

We will not be held responsible for any inaccuracies or typographical errors, nor make any representation about the accuracy, reliability, completeness or timeliness of either our website or the material contained on it. This website and its material are to be used at your own risk. We reiterate that you, and you alone, are responsible as the author and preparer of any documents or forms you may obtain from our website.  Our expectation is that you will exercise utmost caution and demonstrate common sense when using this website.

Liability Disclaimer

We will not be held responsible for late, lost, incomplete, illegible, misdirected or stolen messages, mail or email, unavailable network connections (cable or phone modem), failed, incomplete, garbled or delayed data transmissions, online failures, hardware, software or other technical malfunctions, disruptions or disturbances or any other communications failures or circumstances that may affect, disrupt or corrupt communications.

Furthermore, we will assume no responsibility, nor shall we be held liable for, any damages to, or viral infection of, your computer system, network or other property on account of your access to, browsing of or use of our website or the downloading of any materials, data, text, graphics, or other material. Any material that you download or otherwise obtain through our service is done at your own risk and discretion. You alone are responsible for any damage to your computer system or any loss of data that may result from the downloading of such material.

Under no circumstances, will we be held liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits, savings, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability or otherwise, which arises out of or in any way whatsoever connected to the use of or access to our website content or services, any failure, delay or inability to use our service, cost of procurement of substitute services, unauthorized access to/alteration of your transmissions or data, statements or conduct of any third party on the service, whether or not we are advised of the possibility of such damages by you or another party.

You agree that our entire liability, and your exclusive remedy with respect to any products provided by or services rendered by us under this Agreement and any breach of this Agreement is solely limited to the amount you paid us for said products or services.

Disclaimer of Warranty

We hereby warrant that the products and services we provide will meet your requirements; our service will be uninterrupted, timely, secure and as error-free as possible; any errors detected in our software will be corrected; documentation will be forwarded upon receipt to the appropriate agencies or parties and it will be dealt with in an appropriate manner in accordance with accepted standard industry practice.

Except as explicitly provided in the Terms and Conditions of this Agreement, we make no representations or warranties of any kind, express or implied, concerning our website and/or its materials, all of which are provided on an “as is” and “as available” basis.  We do not warrant the accuracy, completeness, reliability, currency, suitability or timeliness of the material, services, software, text, graphics, links or information. We expressly disclaim, to the fullest extent permitted by law, all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, as well as those arising by statute or otherwise in law or from a course of dealing or usage of trade.

No advice or information, neither verbal nor written, that you may obtain through us or through our service shall create any warranty not expressly stated in the terms of service outlined.

Indemnity

You agree to indemnify and save harmless the Corporation, its officers, directors, employees, agents, affiliates and representatives from and against any claim, cause of action or demand, including but not limited to reasonable legal, accounting and other professional fees that may result from your use of our website material or your breach of these Terms and Conditions. We shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in the defense of same.

Breach

Failure to abide by any of the Terms and Conditions of this Agreement may be considered as a material breach of contract. In such case, we may provide you with a written notice describing the breach and asking you to provide evidence to the contrary with thirty (30) days. If the evidence you supply is not satisfactory to us, we may cancel or refuse service.

Revocation and Right of Refusal

We reserve the right to cancel, deny or refuse service at our sole option and discretion in the event that you have supplied to us information that is false, misleading or that conceals or omits any details that could influence our decision to provide our products and services to you. You agree that we shall not be held liable for any losses or damages that may result from our refusal to provide you our services. We agree to refund, in whole or in part, at our option, your applicable fee(s), should we withdraw or cancel our service.

Links to Other Sites

Our website may, from time to time, provide links to other websites. These links are supplied solely for your convenience and information. Our inclusion of these links on our website does not imply or constitute our endorsement, investigation, verification, recommendation of the linked website content or its owner(s). We will not be held responsible for the content of other websites and we make no representation or warranty regarding any other websites, their content or materials. If you decide to access other websites, you do so entirely at your own risk.

Privacy and Security of User Information

When you request documents or services, or otherwise access our website, you will be asked to supply us with specific information including, but not necessarily limited to, personal and financial information and a valid email address.  All information submitted to us on our website is held in confidence pursuant to our Privacy Policy.

You acknowledge that you have read our Privacy Policy. You acknowledge that you understand the terms of it and find them reasonable. You consent to the use of your personal and financial information as set out in that policy.

Pricing

All prices quoted on our website are in Canadian dollars ($CAD) unless otherwise specified.

Applicable taxes are included in the prices shown, if not shown separately. Prices are subject to change without notice. Any product or service advertised as “free” on our website will provide full disclosure of any pertinent conditions that may materially affect the procurement of the item so advertised, should any such conditions exist. 

Fees and Payments

Under these Terms and Conditions, you agree to pay us all appropriate service fees disbursements and applicable taxes, which are non-refundable, except where otherwise noted in this Agreement. 

If an agent or representative purchased our products or services on your behalf, you are legally bound as principal for all payments as well as for adherence to these Terms and Conditions.

If you or your agent/representative send us a cheque or cheques which are returned by the bank for any reason, you will be charged administrative fees as follows:

• Bank Charges: as levied
  
• Administrative Charges: $50.00

If you or your agent/representative dispute a valid credit card charge for any reason and our account is charged back for the transaction, you will be charged administrative fees as follows:

• Bank Charges:  as levied
  
• Administrative Charges:  $50.00

Orders

An order is considered to be placed at the time you submit it to us via Internet, phone, fax or mail. We may contact you to verify the accuracy of any submitted information.  You may not change a submitted order without our prior authorization. Once you have received authorization, we will request that you fax or email us a written request. Only when we have received that written request will we modify your order.  

Termination 

We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to, deletion of your postings on our website and immediate termination of your registration with or access to our website or any other service which we may provide you, should you be found to be in breach of these Terms and Conditions or should we be unable to verify or authenticate any information which you may supply to us.

Headings

The headings used in these Terms and Conditions are included for your convenience and ease of reading and sourcing information. They will not limit or otherwise affect these Terms and Conditions.

Severability 

In the event that any provision of these Terms and Conditions is determined to be unenforceable, invalid, unlawful or void, by any court having competent jurisdiction, then said provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Notice to Users Outside Canada

Our website does provide some information for foreign parties that may be interested in doing business in Canada; however, we make no claim that the material on our website may be legally viewed or downloaded outside Canada. Access to our material may or may not be legal for use by certain persons in certain countries. If you access our website from outside Canada, you do so at your own discretion and risk and you are responsible for complying with the laws of your jurisdiction.

Governing Law 

This Agreement and its performance are governed by the laws of the Province of Ontario, Canada. You hereby consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes that may arise out of, or relate to, the use of New Business Now.com and these Terms and Conditions.

Additional Terms of Use 

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other. Except as expressly provided in additional terms of use for areas of the website, a particular “Legal Notice”, or software licence or material on particular web pages, these Terms and Conditions constitute the entire agreement between you and NBN Business Services Inc. with respect to the use of our website. No changes, alterations or amendments to the Terms and Conditions may be made except by a revised posting to this page.

Certain areas of our website may be subject to additional terms of use. By using such areas, or any portion thereof, you agree to be bound by the additional terms of use which apply to them.

Entire Agreement

The Terms and Conditions outlined above, as well as those areas of our website to which they may have referred the reader, constitute the entire agreement between you and us relating to the subject matter.  This Agreement supersedes any prior understandings or agreements (electronic, verbal or written) regarding the subject matter and may not be changed, altered or amended except in writing, or by NBN Business Services Inc. making such modifications, alterations or amendments available to it pursuant to the Terms and Conditions.

You agree that we have the right to revise these Terms and Conditions and change the services provided under this Agreement. You acknowledge that any such revision or change will be binding and will take effect immediately upon posting. You understand that, by continuing to use our services following such notice, you must abide by those revisions and changes.

If, after having carefully read these Terms and Conditions, you do not wish to accept or abide by them, you must terminate your use of our site immediately.