Service and Usage Agreement

Radish Networks terms of service

Last Revision:  September 9, 2024

The following standard terms and conditions(“Terms of Service”) apply to all services provided to you, the “Customer”, by Radish Networks and/or 101200712 Saskatchewan Ltd., as applicable (hereinafter, “Radish Networks”).

By activating and using the Services (as herein defined), Customer agrees that it has read, understood, and is bound by the Terms of Service. Radish Networks may amend the Terms of Service from time to time and will update the revision date on this website to indicate when changes have been made. All changes will take effect within 30 days of the date of being posted. Customer is responsible for regularly reviewing information posted on this website, or supplied to Customer by Radish Networks, in order to obtain timely notice of such changes.

CUSTOMER’S NON-TERMINATION OR CONTINUED USE OF THE SERVICE(S) AFTER CHANGES ARE POSTED ON THIS WEBSITE SHALL CONSTITUTE CUSTOMER’S ACCEPTANCE OF THE TERMS OF SERVICE AS MODIFIED BY THE POSTED CHANGES.

1. DEFINITIONS:

For the purposes of the Terms of Service, the following capitalized words have the following meanings:

"Services" means any service provided by Radish Networks to Customer

Service order(s) means one or more service order form(s) setting out the Services that Customer has requested Radish Networks to provision.  Service order forms may be presented on Radish Networks online store

2. CHARGES AND PAYMENTS:

1. Charges for Services are set out in the applicable Service Order.  Radish Networks shall have the right to initiate billing immediately after the Customer has completed the Service Order.
2. Payments are due and payable to Radish Networks immediately after completion of the Service Order by the Customer.

3. USE OF SERVICES:

1. Customer will not use the Services, nor permit them to be used, for any purposes contrary to law.
2. Customer shall at all times ensure that the Services are used by it and its customers and end-users in accordance with the Radish Networks terms of service 

4. CUSTOMER RESPONSIBILITES:

1. The Customer is responsible for, and shall indemnify Radish Networks against, all losses, liability, claims, damages, judgments, expenses and costs, of any kind whatsoever, including reasonable legal fees and disbursements, suffered or incurred by   Radish Networks arising from claims of any third party (including Customer’s customers and end-users) on any basis whatsoever and arising from or in connection with any event, including but not limited to:
   1. use of the Services by Customer or its customers or end-users or by any third party authorized by Customer;
   2. the Customer’s (or its customer’s or end-user’s) data, equipment, computer network and other facilities;
   3. breach of any covenant, term, representation or warranty contained in the Terms of Service or a Service Order by Customer or by any third party authorized by Customer;
   4. the negligence or willful misconduct of Customer, its customers, end-users or any third party authorized by Customer in connection with use of the Services;
   5. claims made by Customer against any third party who in turn claims contribution or indemnity from Radish Networks; and
   6. claims by any third party for libel, slander, passing off or infringement of copyright, trademark or patent, illegal, improper or unauthorized use of the Services arising from the content of the video, voice or data carried by Customer, or its customers or end-users.

5. LIMITATION OF LIABILITY:

1. NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE OR ANY SERVICE ORDER, IN NO EVENT WILL ANY PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. EXCEPT AS EXPRESSLY STATED IN A SERVICE ORDER, RADISH NETWORKS MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN RELATION TO THE SERVICES AND, WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT ALL REQUIREMENTS OF CUSTOMER WILL BE MET WITH RESPECT TO ANY SERVICES PROVIDED BY RADISH NETWORKS HEREUNDER, ARE HEREBY DISCLAIMED BY RADISH NETWORKS AND EXCLUDED FROM THE AGREEMENT BETWEEN THE PARTIES.

6. TERMINATION:

1. Either Party may terminate any and all Service Order(s) without penalty on written notice to the other Party if the other Party has filed a petition in or has been assigned into bankruptcy or insolvency legislation, or makes an assignment for the benefit of creditors or makes any arrangements or otherwise becomes subject to any proceedings under applicable bankruptcy laws with a trustee, or receiver appointed in respect of a substantial portion of the property of the other Party, or in the event the other Party liquidates or winds up its daily operations for any reason whatsoever.
2. Radish Networks may suspend delivery of the Services, or terminate any or all Service Order(s), at its option and without penalty if:
   1. Customer fails, within the time set forth in any notification to Customer by Radish Networks, to make full payment of any invoice that remains unpaid in accordance with the terms of payment set out in a Service Order or the Terms of Service (other than charges which are being disputed by Customer in good faith); or
   2. Customer has failed within five (5) days following written notification to Customer by Radish Networks to remedy any breach of a material term or condition of a Service Order or the Terms of Service to be performed or fulfilled by Customer.