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  1. Payment. The Purchaser agrees to pay Planit Canada the agreed price upon the terms and conditions contained herein. Prices may vary or change without notice.All purchases are final and non-refundable nor exchangeable.
  2. Interest. Interest shallbe charged on balances due after thirty (30) days at a rate of two percent [2%] per month, compounded monthly (twenty-six point eighty-two percent [26.82%] per annum).
  3. Penalty. A penalty in the amount of one hundred dollars ($100.00) shall be charged to the Purchaser in the event that (i) a check is returned NSF; (ii) a credit card is refused; or (iii) any other form of payment is refused.
  4. Hexagon Manufacturing Intelligence The Purchaser understands that the software being sold is the sole property of Hexagon Manufacturing Intelligence (hereinafter, the “Software”) and therefore Planit Canada shall not provide a warranty of any kind, either express or implied or statutory, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose with respect to the product or the use thereof. In no event shall Planit Canada be liable or responsible for damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of information or data, or any other indirect, incidental, special or consequential damages) arising out of the use of or inability to use the Software, even if Planit Canada has been advised of the possibility of such damages.
  5. Default. The Purchaser agrees that the occurrence of any of the following events shall constitute an event of default (hereinafter, an “Event of Default”) and shall be deemed to be a breach of the present agreement:
    1. the failure by the Purchaser to respect any of the indicated payment terms;
    2. the use of the Software by the Purchaser for the benefit of third parties;
    3. the use of the Software by the Purchaser for estimating or performing the work of third parties;
    4. the use of the Software by the Purchaser in any way that infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of Vero Software, Inc. or a third party;
    5. the use of the Software by the Purchaser in any way that is or may be libellous, defamatory or slanderous;
    6. the use of the Software by the Purchaser for any other use that is illegal in nature; or
    7. the occurrence of any other event that will immaterially prejudice Planit Canada.
  6. Penalty in the Event of Default. the occurrence of an Event of Default shall allow Planit Canada to exercise the full right and ability to immediately, and without notice, rescind, cancel or deem the present agreement to be terminated. Planit Canada shall have the immediate right to terminate the Software licence key remotely and do all things necessary to re-sell the Software licence to another party. The Parties agree that the first statement received by the Purchaser evidencing any outstanding balance due and payable to Planit Canada shall be deemed to be the first and final notice of default under this agreement. The Parties further agree that any action, in-action, delay or “grace-period” given by Planit Canada, in the Event of Default by the Purchaser, shall not impair their immediate right to terminate the Software licence key remotely at the time of their choosing, provided that the Purchaser is still in default under this agreement. It is also agreed that upon any default under this agreement, the FULL amount of the deposit, if any, will be forfeited to Planit Canada and will be non-refundable.
  7. Additional Services.
    1. On-Site Support. In the event that the Purchaser requires and purchases On-Site Support from Planit Canada, it shall schedule an appropriate date and time with Planit Canada or one of Planit Canada’s technicians.In the event that the Purchaser cancels or requests a rescheduling of an On-Site Support following confirmation by it of the scheduled date and time with the technician, the Purchaser shall reimburse Planit Canada for all the fees it incurred formalizing the On-Site Support, including, but not limited to, (i) the technician’s transportation fees, (ii) the technician’s per diem, and (iii) any other reasonable fees that Planit Canada incurred, it being understood that Planit Canada shall charge a minimum cancellation fee of one hundred dollars ($100.00) per cancellation or request to reschedule by the Purchaser.
    2. Online Support. In the event that the Purchaser requires and purchases Online Support from Planit Canada, it shall schedule an appropriate date and time with Planit Canada for the provision of such Online Support – each one referred to as an Online Support Session. In the event that the Purchaser cancels or requests a rescheduling of the Online Support Session less than twenty-four (24) hours before the scheduled Online Support Session is to take place, Planit Canada shall remove fifty percent (50%) of the dedicated time allotted to the Online Support Session from the overall bank of Online Support time purchased by the Purchaser.Notwithstanding the foregoing, in the event that the Purchaser is not reachable at the scheduled date and time of the Online Support Session or is not prepared once the Online Support Session begins, Planit Canada shallremove one hundred percent (100%) of the dedicated time allotted to the Online Support Session from the overall bank of Online Support time purchased by the Purchaser, and, in the case where the Purchaser is not prepared once the Online Support Session begins, Planit Canada shall, in addition, cancel or postpone the Online Support Session entirely.
    3. Expiration. On-Site Support or Online Support purchased by the Purchaser must be used in its entirety in the year following its acquisition by the Purchaser, after which the On-Site Support or Online Support shall expire (hereinafter, the “Expiration Date”). The Purchaser may renew On-Site Support or Online Support for an additional year, provided, however, that it communicates such intention to Planit Canada prior to the Expiration Date and on the condition that the Purchaser agrees to one of the following two conditions: (i) the Purchaser agrees to pay Planit Canada’s additional or higher rate, if any, for the new year, or (ii) the Purchaser agrees to reduce the remaining time allotted for the On-Site Support or Online Support in proportion to the percentage of its current value.
    4. Seminars. Planit Canada offers seminars to all of their clients, including the Purchaser. The Purchaser may purchase tickets or passes to the seminars when they become available and at a price to be determined following the confirmation that the seminar is to take place. The Purchaser may lease a laptop or a tablet from Planit Canada during the seminars.
      1. Cancellation Policy. In the event that the Purchaser cancels their participation in the seminar over one (1) month before the seminar is to commence, seventy-five percent (75%) of the purchase price shall be reimbursed to the Purchaser in the form of a credit that is redeemable against any future purchase by the Purchaser of Planit Canada products or services. In the event that the Purchaser cancels their participation in the seminar between two (2) weeks and one (1) month before the seminar is to commence, fifty percent (50%) of the purchase price shall be reimbursed to the Purchaser in the form of a credit that is redeemable against any future purchase by the Purchaser of Planit Canada products or services. No reimbursement or refund shall be granted by Planit Canada for any reason in the event that the Purchaser cancels their participation in the seminar within two (2) weeks before the seminar is to commence.
    5. Technical Support. Should the Purchaser require one-time technical support assistance, they may contact Planit Canada’s technical support team directly at the provided email address. The Purchaser understands and agrees that all technical support responses provided by email by Planit Canada’s technical support team shall be charged at a base rate of fifteen (15) minutes per email response (at Planit Canada’s current hourly rate at the time of the request).
  8. Binding Agreement. Upon signature of the present document by the Purchaser, it shall become a binding agreement between the Parties and pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the Parties
  9. Governing Law. The Agreement will be governed by and construed in accordance with the laws of the Province of Quebec, without regard to any conflict of laws or rules or principles which might refer to the governance or construction of the Agreement to the laws of another jurisdiction.
  10. Jurisdiction. Any action by or against either party arising out of the Agreement or the execution or performance thereof shall only be brought before and settled by the court of the province of Quebec, Canada and to that effect the Parties herein elect domicile in the city and district of Montreal, Province of Quebec.
  11. Language. The parties expressly state that the English language is to be the choice of language for this Agreement.Les Parties déclarent qu’elles ont demandé que le présent Bail soit rédigé en anglais seulement

BY SIGNING THE PRESENT DOCUMENT, THE PURCHASER CONFIRMS THAT IT HAS READ AND ACCEPTED THE ABOVE TERMS AND CONDITIONS WITHOUT RESERVE, IN ADDITION TO, AND NOT IN REPLACEMENT OF, ANY OTHER TERMS AND CONDITIONS CONSENTED TO AND CONCLUDED WITH PLANIT CANADA IN CONNECTION WITH THE PRESENT AGREEMENT.

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