TERMS AND CONDITIONS – STAYAZ
LAST UPDATED ON AUGUST 29, 2023
STAYAZ, a company incorporated pursuant to the laws of the province of Ontario (Canada), operates and manages the website www.stayaz.ca. The present Terms and Conditions will govern the usage of the website, the various services offered by STAYAZ and payment options to proceed with purchases thereof.
The following capitalized terms, when used in these Terms and Conditions, have the meanings set forth below, unless the context requires otherwise:
“Services” refers to the social media management, content provision and other services offered by STAYAZ, as more amply described.
“Terms and Conditions” refer to the latest version of these Terms and Conditions and includes any and all updates, modifications and changes made thereto from time to time
“Website” refers to the website www.stayaz.ca/.
PART I – BACKGROUND AND APPLICATION
1. APPLICABILITY OF THE TERMS
AND CONDITIONS
These Terms and Conditions will govern your access and usage of the Website. Further, these Terms and Conditions will govern the terms upon which STAYAZ provides and delivers the Services as well as well your purchase and receipt of STAYAZ’s Services.
These Terms and Conditions will be applicable and binding as of the time you access, browse or otherwise use the Website. STAYAZ will not be bound by any terms or policies, except for the present Terms and Conditions and any policies listed herein.
2. ACCEPTANCE OF THE TERMS AND CONDITIONS
These Terms and Conditions constitute a binding agreement between you and STAYAZ. You are therefore encouraged to read and review these Terms and Conditions prior to using the Website. STAYAZ also suggests that you review these Terms and Conditions on a periodic basis to ensure you remain compliant with the latest version thereof
By visiting the Website and/or purchasing Services offered on the Website, you agree to abide by these Terms and Conditions, in full, and any other rules or policies STAYAZ implements, each of which will be deemed to be incorporated herein by reference. STAYAZ may update these Terms and Conditions and other related documentation from time to time, at STAYAZ’s discretion.
Your usage of the Website signifies your acceptance of these Terms and Conditions. You acknowledge that you will be subject to these Terms and Conditions as though you manually signed them.
As a user of the Website, you are required to act with integrity, in accordance with the laws applicable of your country of residence and the obligations specified in these Terms and Conditions and STAYAZ’s policies, as published on the Website. If you do not agree with any part of these Terms and Conditions, your sole recourse will be to not use the Website.
3. INTERPRETATION
In these Terms and Conditions, singular terms are to be interpreted as including the plural, if the context is favorable to this. Words importing one gender are to be interpreted as including all genders. When used in these Terms and Conditions, the terms “include” or “including” should be interpreted as referring to all items listed, without limitation of any kind.
4. ELIGIBILITY
To be eligible to use the Website and benefit from the Services, you confirm the following:
(i) You are at least eighteen (18) years old or have reached the age of majority in your country of residence if such age is more than eighteen (18) years old.
(ii) Your usage of the Website and the Services purchased will comply with all applicable laws and regulations listed in these Terms and Conditions and those applicable to you based on your country of residence.
(iii) You are not subject to any restrictions that would prevent you from using the Website and/or purchasing the Services.
5. CHANGES TO THE TERMS AND CONDITIONS
STAYAZ may update, modify or change these Terms and Conditions at any time at STAYAZ’s discretion. The most recent version of these Terms and Conditions will be published on the Website and available for review.
Any updates to these Terms and Conditions will be effective as of the date listed in the header. Your usage of the Website and any purchases of Services following the publication of updated Terms and Conditions will constitute your acceptance of the updated Terms and Conditions.
PART II – SERVICES OFFERED AND DELIVERY
6. SERVICES
STAYAZ offers the following three (3) types of Services:
(1) Ready-made social media post packages;
(2) Content creation services; and
(3) Social media platform management.
The Services may be provided by STAYAZ in the English and/or Arabic languages.
More information regarding the Services is available on the Website. For further information, STAYAZ encourages you to contact STAYAZ to discuss your needs and objectives prior to purchasing the Services.
In order for STAYAZ to commence the provision of the Services, you agree to promptly submit all materials/items specified by STAYAZ during the technical discussion meeting. Such materials/items will allow STAYAZ to draft posts, draft content pieces and /or manage the social media accounts agreed on, as applicable
7. DELIVERY OF SERVICES (INCL. CHANGES AND ITERATIONS)
Subject to and conditionally upon your successful purchase of the Services, the deliverables derived from the Services, such as posts and content, will be delivered to you electronically. As such, the deliverables in connection with the ready-made social media packages and the content creation Services will be delivered electronically by STAYAZ.
For the social media platform management Services, STAYAZ will be logging into your social media account and handling all aspects and activities related to managing your social media account
For reference purposes and to establish the delivery date, the start date of the Services will be deemed to be the business day following the date at which you have provided STAYAZ with the required and requested materials.
STAYAZ expects to deliver the Services purchased within the following delays, depending on the package purchased:
• For the Pro: 7-15 days after receiving all requested materials from you
• For the Optimal: 15-20 days after receiving all requested materials from you
• For the VIP: 25-30 days after receiving all requested materials from you
The timelines provided hereinabove do not apply to changes, iterations or modifications requested to the Services
8. LEGITIMATE USAGE
You are responsible for all acts and omissions relating to your use of the Website and the Services. You agree to engage in legitimate use of the Website, STAYAZ’s social media pages and the Services, and not use the same to:
• Breach any applicable law, regulation or policy;
• Act in a way that is fraudulent, malicious or otherwise discriminatory, or encouraging others to use the Website for such purposes;
• Damage, overburden or impair the Website;
• Transmit or send a virus, harmful component or script;
• Engage in any unlawful or illegal conduct;
• Make false or otherwise illicit claims or remarksinvolving the Website and/or the Services; /p>
• Impersonate an individual, entity, or business, or mislead others about your identity;
• Request or initiate chargebacks, refunds or reimbursements for sums paid for the Services, except in accordance with the Refund Policy set forth in these Terms and Conditions;
• Distribute or share spam or unsolicited material;
• Engage in conduct that is contrary to the intent of these Terms and Conditions or that may cause damages to STAYAZ, its employees, clients, brand or followers.
9. SERVICES AND AVAILABILITY
At this time, STAYAZ offers the Services to clients located in the following countries: Canada, the United Arab Emirates, the Kingdom of Saudi Arabia (KSA), the State of Kuwait, the Sultanate of Oman and the state of Qatar. STAYAZ may serve clients located in any other country in the MENA region and in Asia.
The list of countries and regions served by STAYAZ may be updated at any time, at STAYAZ’s discretion.
PART III – PAYMENTS
10. PURCHASES AND PRICING
For optimal results, you must communicate with STAYAZ’s sales team prior to purchasing Services. You may call or email STAYAZ to schedule an introductory meeting to discuss the Services prior to purchasing. The process of purchasing Services is as follows:
(1) Introductory Meeting: An initial client meeting with STAYAZ’s team to discuss the Services. During this meeting, you will be informed of STAYAZ’s requirements to commence the Services.
(1) Purchase of the desired package via the payment link provided.
(1) Technical Meeting: (3) This meeting is intended to provide you with an overview of the materials needed to commence the provision of the Service(s) purchased. STAYAZ will also implement a deadline for you to provide the required information. Once you provide the requested materials, STAYAZ will commence the provision of the Services one (1) business day later.
The pricing for the Services will be provided by STAYAZ as a quote or presented on the Website, as applicable.
Unless otherwise indicated, the pricing for the Services is exclusive of any taxes, duties and levies. STAYAZ will provide you with an invoice, indicating the price for the Services, the applicable taxes and broker fees. You are responsible for paying all taxes and fees charged in connection with your purchase of the Services.
STAYAZ reserves the right to modify the price of the Services and other fees on an as needed basis. The revised prices will be published on the Website or communicated to you as promptly as possible. Any changes to pricing will not affect past purchases that have already been paid.
11. FREE TRIAL
You may be eligible for a free trial of the Services. Please contact STAYAZ for further information
12. PAYMENT METHODS AND PROCESSING
STAYAZ accepts payments by bank transfer or using the payment gateway linked on the Website, namely Stripe. You acknowledge that the purchase of the Services, and any sums relating to such purchase will be paid by bank transfer or through Stripe, STAYAZ’s third party payment processor. The list of major credit cards accepted is published on the Website for reference purposes.
You will be required to submit personal information to STAYAZ’s third party payment processing company, namely Stripe to proceed with the purchase of Services. Such personal information may include your contact information, and payment information. Any personal information submitted will be stored and handled in accordance with Stripe’s Privacy Policy. You agree to provide personal information that is complete, current, true and accurate. As needed, you agree to update such personal information in accordance with Stripe’s terms of service, legal notices and policies.
You acknowledge that by making a payment using Stripe, you will be subject to Stripe’s terms of service, legal notices and policies, to the exclusion of STAYAZ. You agree that STAYAZ will not be responsible for any issues, liabilities, claims, actions, proceedings, investigations or suits in connection with your payment and your usage of Stripe.
Pursuant to making a purchase on the Website, you will be charged for the amount in the applicable order. If your payment information is invalid or otherwise unacceptable, your purchase will not be completed.
You remain fully responsible for all Service purchased using your credit card or payment information, whether or not authorized by you. You agree to notify STAYAZ and its third party payment processing company of the breach or the compromise of your payment information. You also agree to promptly inform STAYAZ of any hacks or security problems involving your payment information, such as theft or unauthorized use of your credit card.
13. PURCHASE CONFIRMATION
Upon payment for the Service(s) purchased, you will be provided with a purchase confirmation that specifies the total amount paid, the Service(s) ordered and the date of the purchase. Unless otherwise indicated, the purchase confirmation will be provided by email. The purchase confirmation by STAYAZ is in addition to any purchase confirmation you may receive from STAYAZ’s third party payment processing company.
14. LATE PAYMENTS
In case of a late payment for any Content Creation Services or the Social Media Management Services, STAYAZ may, at its discretion, charge interest of two percent (2%) per month, prorated for partial periods, and for all collection fees incurred by STAYAZ.
15. CURRENCY
Unless otherwise specified, all pricing for the Services and dollar amounts listed on the Website are in United States currency (USD).
16. CANCELATION AND REFUND POLICY
You acknowledge that unless otherwise provided, purchases of Services are final. Considering the nature of the Services, STAYAZ will only refund payments made by you in accordance with the cancelation and refund policy described in this section. Further, payments for specific Services will not entitle you to any alternate Service or any type of Service exchange.
The cancelation request must be made in writing and sent to STAYAZ’s attention by email. If STAYAZ accepts your cancelation request, the fees paid for the canceled purchase will be refunded or credited to you, except for credit card processing fees or bank transfer fees, as applicable.
STAYAZ understands that issues may arise and STAYAZ remains committed to ensuring your satisfaction with respect to the Services.
If you wish to cancel your social media package Services and any other Services after the work has commenced but before the delivery of the package posts or other Services, you will be required to pay a percentage of the fees based on the work that has been completed at the time of cancellation. The percentage will be determined based on the following schedule:
• If the cancellation request is placed before any work has commenced, namely one (1) business day after STAYAZ receive the material required from you, a full refund will be issued, save and except for bank and/or credit card processing fees.
• If the cancellation request is placed within the first week of the start date, you will be required to pay fifty percent (50%) of the total fees for the Services. The start date will set one (1) business day after receiving the material at which you provided all requested materials and information
• If the cancellation request is placed within the second week of the start date, you will be required to pay seventy five percent (75%) of the total fees for the Services.
• If the cancellation request is placed three weeks or more after the start date, you will be required to pay the entirety of the fees for the Services.
If you are requesting a refund due to a complaint about the Services, please send STAYAZ a detailed email describing the incident and your requested resolution. STAYAZ may ask you to provide additional information.
STAYAZ is committed to handling refund requests in a timely and efficient manner.
17. TERMINATION OF PURCHASES
STAYAZ reserves the right to terminate a purchase if you do not provide STAYAZ with the required information, materials, assets and documentation in a timely manner. While STAYAZ strives to work around your schedule, and accommodate any unforeseen or other delays, STAYAZ will not be responsible for any delays in the provision of Services caused by your incomplete, inefficient or tardy provision of all requested information, materials, assets and documentation.
STAYAZ may terminate or suspend the provision of the Services if you breach these Terms and Conditions. STAYAZ will not be liable to you for any termination or suspension of the Services, whether with cause or without.
STAYAZ may refuse to provide Services, terminate or suspend the provision of the Services for ethical purposes, more specifically to ensure STAYAZ complies with its legal and ethical obligations.
STAYAZ reserves the right to investigate any potential violations of these Terms and Conditions, or any applicable legislation, regulations or binding terms. You agree to cooperate with STAYAZ during the course of any such investigations by submitting documentation or providing information requested.
PART IV –INTELLECTUAL PROPERTY
18. INTELLECTUAL PROPERTY RIGHTS
The Website may include or otherwise feature trademarks, trade names, logos and other intellectual property. STAYAZ owns or secured all necessary consents to publish such intellectual property on the Website. Any trademarks and intellectual property included or featured on the Website may be protected by intellectual property laws. All rights relating thereto are therefore reserved.
Any third-party trademarks, trade names, logos and other intellectual property published or otherwise provided by the Website are and will remain the property of their respective owners.
You are permitted to copy and print portions of the Website solely for personal, non-commercial use, and on the condition that STAYAZ is identified as the operator of the Website. If you do publish and share content from the Website, you will be required to remove such content immediately upon STAYAZ’s request.
PART V – WARRANTIES, LIABILITY AND INDEMNIFICATION
19. LIMITED WARRANTIES
STAYAZ will perform the Services to the best of its ability, and in accordance with reasonable business standards. STAYAZ remains dedicated to offering Services that exceed expectations. Nonetheless, STAYAZ will not be held liable if the Services do not exceed expectations.
20. TECHNICAL ISSUES
Technical issues may occur when accessing or using the Website and/or the Services, including the receipt and delivery thereof. Such technical issues may delay, freeze, suspend or prevent your access to the Website and/or the Services. STAYAZ is unable to guarantee that the usage of the Website and/or the Services will be continuous, uninterrupted and without error at all times. Consequently, STAYAZ disclaims liability for any technical issues arising out of your usage of the Website and/or the Services, including the receipt and delivery thereof. In case of technical issues, STAYAZ will attempt to rectify the issue as soon as possible.
21. FORCE MAJEURE
Force Majeure events are unforeseeable situations beyond a party’s reasonable control, and may include wars, government acts, pandemics, national emergencies, terrorism, labour shortages, failure of a telecommunications network, fires, hurricanes and other natural disasters. STAYAZ will not be responsible for any failure to perform its obligations during a Force Majeure event. Moreover, STAYAZ’s obligations and the Services will resume upon the resolution or completion of the Force Majeure event.
STAYAZ will not be responsible for any service interruptions affecting the Website or the provision of the Services, such as power failures, outages and other circumstances beyond STAYAZ’s reasonable control.
22. LIMITED LIABILITY
To the fullest extent permitted by applicable law, STAYAZ excludes all liability for any incidental, special or consequential damages, losses, claims, fees, costs or damages of any nature, however caused and under any theory of liability in connection with the Services and/or your usage of the Website. Further, STAYAZ will not be liable for any claim, loss or damage arising out of any misuse of the Services. These exclusions of liability apply regardless of whether the liability is based on contract, strict liability or another theory of law.
In all cases, STAYAZ’s aggregate liability under these Terms and Conditions will not exceed the amount you paid for the Service in dispute.
23. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify and hold STAYAZ, its directors, officers and employees harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations or suits arising out of (i) your gross negligence, recklessness, or willful misconduct, (ii) your breach of any representation or warranty provided under these Terms and Conditions, (iii) your failure to comply with any of these Terms and Conditions, applicable laws or regulations and/or (iv) your usage of the Website and the Services.
24. NON-SOLICITATION
While you are receiving Services provided by STAYAZ and for a period of two (2) years thereafter, you agree not to solicit, hire, engage, employ or retain the services of any employees, consultants or contractors of STAYAZ.
PART VI – GOVERNING LAW AND DISPUTE RESOLUTION
25. GOVERNING LAW
These Terms and Conditions are subject to the laws of the province of Ontario and applicable Canadian laws, without regard to conflicts of law principles.
26. ARBITRATION
Any controversy or claim arising out of or relating to these Terms and Conditions, breach thereof, or dispute between you and STAYAZ will be resolved by arbitration. The arbitration proceedings will be individual, and not class arbitration.
The arbitration proceedings will take place in the province of Ontario, unless STAYAZ indicates otherwise. Except if otherwise provided, the arbitration proceedings will be handled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The arbitration award will be provided in writing. Further, the arbitration award may grant damages and relief to a party, similarly to a court of law. The arbitration award will be final and binding.
PART VII – MISCELLANEOUS PROVISIONS
27. PRIVACY
You acknowledge that you may need to submit personal information to benefit from the Services, and to communicate with a member of STAYAZ’s team. Please refer to STAYAZ’s Privacy Policy for information regarding STAYAZ’s collection, storage and usage of your personal information.
28. THIRD PARTY LINKS
The Website may contain links to other sites owned by third parties, which may include clients, affiliate partners, strategic partners, or others (the “ Third Party Links ”). The Third Party Links provided on the Website are for convenience and reference purposes only. Unless otherwise stated by STAYAZ, STAYAZ is not affiliated with the Third Party Links referenced on the Website.
STAYAZ is not responsible for examining or evaluating, and STAYAZ does not warrant the products, services or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. STAYAZ does not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any Third Party Links, you should review the applicable terms of use and policies for such websites.
The inclusion of any Third Party Links on the Website does not imply STAYAZ’s endorsement or any association with such third party. In consideration thereof, you agree to use such Third Party Links at your own risk.
29. ENTIRE AGREEMENT
These Terms and Conditions, together with any purchase confirmation and document referenced herein, constitute the entire agreement between you and STAYAZ with respect to the subject matter hereof. These Terms and Conditions supersede all prior negotiations and agreements between you and STAYAZ regarding the subject matter hereof.
30. NO WAIVERS
STAYAZ or any of its representatives’ failure to insist upon compliance with any provision of this Agreement or the failure to assert any right STAYAZ or any of its representatives may have, will not operate as a waiver of STAYAZ or any of its representatives’ rights.
No waiver of any of the provisions of these Terms and Conditions will constitute a waiver of any other provision (whether or not similar) nor will such waiver constitute a continuing waiver unless otherwise expressly provided.
31. SEVERABILITY
If any provision in these Terms and Conditions is held to be unenforceable or unlawful by law or a court of competent jurisdiction, the provision will be severed from the remaining Terms and Conditions or redrafted to preserve the original intention to the fullest extent permitted by law. This will not affect the remaining provisions of these Terms and Conditions, which will remain valid. Each provision of these Terms and Conditions will be deemed separate, severable and distinct.
32. ASSIGNMENT
STAYAZ may assign its rights in these Terms and Conditions, in whole or in part. STAYAZ may also delegate any of its obligations under these Terms and Conditions to a third party. You are not permitted to assign your rights and obligations hereunder to any third party, except with STAYAZ’s written consent.
33. NOTICES
Any notices you intend to address to STAYAZ should be provided in writing. Such notices may be sent on the Website, by email or first class certified or registered mail to STAYAZ’s corporate headquarters located as follows:
STAYAZ
4889A Dundas St W, Suite 3
Toronto, ON
M9A 1B2
Email: info@stayaz.ca
In compliance with applicable laws, STAYAZ may send notices, correspondences and information to you by email or as notifications on the Website. Considering STAYAZ may communicate with you by email, you are responsible for providing STAYAZ with your current and valid email addresses and ensuring such email address remains updated. Accordingly, if the email address you provided is incorrect, any correspondence sent by STAYAZ to such email will nonetheless be deemed effective.
34. QUESTIONS AND COMMENTS
STAYAZ welcome questions, feedback and comments about these Terms and Conditions, and about the Services. You can send your questions, inquiries and comments to STAYAZ by email (info@stayaz.ca) or via the Contact Us section of the Website.