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Terms and Conditions | On Hold Marketing Service Agreement

In today’s dynamic business landscape, effective communication is paramount to success. COHM Inc. understands the critical role that robust voice marketing solutions play in connecting businesses with their audiences. This comprehensive Equipment Lease and Usage Agreement is designed to provide clarity, transparency, and mutual understanding between COHM Inc. and our valued clients. By establishing clear terms and expectations, we aim to ensure a seamless, professional partnership that empowers businesses to leverage cutting-edge voice marketing technologies with confidence and peace of mind.

1. Client Script Support COHM Inc. shall initiate contact with the Client at predetermined intervals based on the selected service package. During this contact, COHM Inc. will email the serviced location and/or head office a copy of the currently active script. The Client may review and request modifications, including the addition or removal of messages, background music, or voice talent. COHM Inc. will make reasonable efforts to incorporate all requested changes in a timely manner, typically within five (5) business days. If additional clarification is needed regarding the requested changes, COHM Inc. may reach out to the Client to confirm the final version of the script prior to production.

2. Service Cost The agreed-upon monthly or annual service fee remains fixed regardless of whether the Client utilizes the full allowance of script or audio modifications permitted under this agreement. The service fee includes periodic script updates, access to professional voice talent, music licensing, and equipment support. All payments are due according to the billing cycle agreed upon at the start of the contract. Late payments may be subject to additional administrative fees or interest as allowed by applicable law.

3. Ownership and Usage Restrictions Ownership: All media player equipment and message programs provided under this agreement remain the sole property of COHM Inc. The Client acknowledges that no ownership rights are transferred under this agreement.

Usage Restrictions: The Client shall not copy, duplicate, distribute, or otherwise reproduce any part of the message programs or related materials without the prior written consent of COHM Inc. All content produced by COHM Inc. is for the Client’s internal business use only and may not be repurposed, resold, or used in other media platforms without express authorization.

Voice Talent Protection: All voice recordings and performances provided by COHM Inc. are licensed solely for use within the scope of this agreement. Under no circumstances shall the Client use, replicate, extract, or submit any voice talent provided by COHM Inc. to artificial intelligence (AI), voice cloning, or machine learning technologies. Any violation of this clause will be considered a breach of contract, and COHM Inc. reserves the right to pursue immediate legal action, including injunctive relief and damages.

4. Warranty All COHM Inc. programs and equipment are fully guaranteed and will be serviced at no additional cost to the Client during the active term of this agreement. Technical issues must be reported to COHM Inc. within a reasonable timeframe to qualify for free servicing. COHM Inc. will make every effort to resolve any equipment or content-related issue within seven (7) business days of receiving notice.

5. Term and Renewal This agreement shall be in effect for a period of one (1) year from the start date. It will automatically renew for successive one-year terms unless either party provides written notice of cancellation at least thirty (30) days prior to the end of the current term.

If no such notice is received, the agreement will automatically renew, and the Client will be billed for the full renewal term.

COHM Inc. reserves the right to amend the terms and conditions upon renewal.

COHM Inc. Equipment Lease and Usage Agreement

6. Delinquent Account Policy The digital announcer(s) provided under this agreement are the property of COHM Inc. COHM Inc. reserves the right to terminate this agreement if the Client becomes delinquent in: a) Audio service payments
b) Equipment rental payments
c) Declares bankruptcy

In such cases, the Client must return all digital announcer(s) to COHM Inc. Ottawa. Failure to do so will result in continued charges at a rate of $12.50 per month or $3.15 per week, per unit, beginning from the date of the cancellation or bankruptcy notice until the equipment is returned. COHM Inc. reserves the right to pursue additional legal or collection action to recover its property and any related costs.

7. Equipment Replacement and Damage Subject to the term of this agreement, COHM Inc. will replace defective equipment at no additional charge. The Client is responsible for the replacement cost of any lost, stolen, or damaged units, except for defects occurring under normal usage conditions. The replacement cost for lost or stolen digital announcer(s) is $550.00 per unit, plus applicable taxes. Equipment not returned in appropriate packaging that results in damage will be subject to repair charges based on actual repair costs. Clients are advised to retain the original packaging for safe returns when necessary.

8. Governing Law This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any disputes arising under this agreement shall be subject to the exclusive jurisdiction of the courts in Ontario.

9. Entire Agreement This document constitutes the entire agreement between the Client and COHM Inc. and supersedes all prior communications, whether written or oral, relating to the subject matter herein. No modification or waiver of any term of this agreement shall be valid unless in writing and signed by both parties.

10. Limitation of Liability COHM Inc. shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the use of its services or equipment, even if advised of the possibility of such damages. In any event, COHM Inc.’s total liability shall not exceed the total amount paid by the Client under this agreement during the twelve (12) months preceding the claim.

11. Force Majeure COHM Inc. shall not be held liable for delays or failure to perform any part of this agreement due to circumstances beyond its reasonable control. This includes but is not limited to natural disasters, acts of government, labor disputes, power failures, and internet outages.

12. Client Responsibilities The Client agrees to provide all necessary materials, approvals, and feedback in a timely manner. Delays caused by failure to provide such materials or responses may impact delivery timelines, for which COHM Inc. will not be held responsible.

The terms outlined in this agreement reflect COHM Inc.’s commitment to delivering exceptional service, protecting our clients’ interests, and maintaining the highest standards of professional integrity. We recognize that successful business relationships are built on trust, mutual respect, and clear communication. By carefully defining our responsibilities, usage rights, and operational protocols, we strive to create a framework that supports your business objectives while safeguarding our intellectual property and technological innovations. We look forward to being your trusted partner in voice marketing, helping you communicate more effectively and drive your business forward.