Terms and Conditions

These Terms and Conditions (the “Agreement”) govern the terms of any contract or agreement you have entered into with CGI COMMUNICATIONS, INC. D/B/A CGI DIGITAL, and any of its affiliates, subsidiaries or sister companies, including but not limited to E-LOCALLINK, INC., NEXT ADVERTISING AGENCY and REVIEWTUBE, INC. (“CGI”, “Company”, “We”, “Us”, “Our”) for your purchase of authority sponsorships and related products and services, including video production, logo creation, website creation, production and hosting, content delivery systems, content creation, graphics design and digital media and marketing services, blogging, SEO, SEM, Business Profile Pages, survey software, creation of business cards and brochures, content calendars, creation, maintenance and assessment of social media and other ad campaigns, advertisement production and placement, conversion tracking, Insights, SeeSaw, HelloNation, SmartConnect, content and website hosting, posting, streaming and tracking, marketing reports, quarterly meetings, reputation monitoring and enhancement, AI content creation, social media reels, reviews, video reviews and testimonials, BirdEye and speed listings.
By placing an order with our sales executive and signing and/or submitting an order along with payment, you (the “Client” or “Sponsor”) agree to be bound by these Terms & Conditions.

1. PRODUCTS AND SERVICES PROVIDED

We will provide the products and services as outlined and itemized in your e-contract, including all items stated in the “AGREEMENT,” “ADDITIONAL INFO” AND “TERMS” sections.

Our agreement to provide the stated products and services constitutes a special order business to business contract. In entering into the agreement you acknowledge that you have not relied on any statement, promise or representation not contained within the provisions of the e-contract.

2. PAYMENT

Payment terms, including deadlines and methods of payment are specified in the e-contract. You agree to pay us as specified and to provide accurate and timely contact and billing information and to notify us immediately if any such information should change.

3. LENGTH OF AGREEMENT

The term of this agreement is specified in the e-contract. Unless otherwise stated in the e-contract, the length of time that we will provide products and services is one (1) year after which the agreement will automatically renew on a month to month basis until otherwise terminated or until we come to an alternative agreement with you in writing. The amount of payment initially due and to be charged on a monthly recurring basis is 1/12 of the first year’s annual contract rate.

4. TERMINATION

Unless otherwise noted within the Terms of the e-contract, either party may terminate the agreement by providing written notice to the other party. Upon termination you shall be responsible for any set up and/or administrative fees along with payment for all products and services completed to the date of receipt of the termination notice.

5. REQUIREMENTS

You agree to work with us in a cooperative collaborative effort. You must provide timely access to necessary information and materials. You must cooperate with us to facilitate the delivery of products and services. You must approve deliverables within the time frame specified in the e-contract (and, if not stated in the e-contract, within fourteen (14) days of any request). Without your input and cooperation we cannot do our job. We, therefore, will not be responsible for providing any services or products and will not entertain any refund request if you have not provided requested information or taken essential steps to enable us to proceed on behalf of your business.

6. INTELLECTUAL PROPERTY

Unless otherwise denoted in the e-contract, we expressly reserve all rights and title to any content produced by us in your behalf unless otherwise stated in the e-contract. You will not reproduce or redistribute any portion of such content without our express written permission.

7. SUBMITTED CONTENT

You are responsible for all content you submit to us, including protecting any confidential or sensitive information relating to you, your business or any third parties. However, if necessary, we will protect any sensitive information and will enter into any third party agreements necessary to comply with HIPAA or other laws, regulations or association mandates as required.

With respect to all submitted content you elect to submit, you retain any applicable ownership rights that you may have with respect to the submitted content, and you grant CGI and its licensees a royalty free, perpetual, irrevocable, non-exclusive and fully licensable right and license to use, reproduce, communicate to the public by telecommunications, make available, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, rent and take any other action with respect to such submitted content (in whole or in part)worldwide and/or to incorporate it in other words in any form, media, or technology, now known or later developed.
You represent and warrant that submitted content is accurate to the best of your knowledge; that you own or have the full right, power and authority to grant us use of and rights in it and that you submit and that your license of such content to us does not, and our use of license of such content, will not infringe any right or interest owned or possessed by any third party. Specifically, you will not submit imagery if you received imagery from a third party provider under the terms of a license that does not allow posting of such imagery.
Although we undertake reasonable efforts to back up data, you are solely responsible for retaining copies of all submitted content.

8. CONFIDENTIALITY

Both parties agree to keep confidential any proprietary information shared during the course of the agreement.

9. LIMITATION OF LIABILITY

We offer no guarantee, promise or representation with regard to any third party website, including but not limited to, Google, Facebook, BBB.org or any .gov website. You waive any and all claims which you may or might have against us which relate to the content, operations or timeliness of any third party website.

WE MAKE EVERY REASONABLE EFFORT TO PROVIDE EXCELLENT PRODUCTS AND SERVICES. THAT BEING SAID, YOU ARE ADVISED THAT ALL PRODUCTS AND SERVICES ARE SOLD “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” CGI DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (B) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE PRODUCTS AND SERVICES, (C) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (D) THE PRODUCTS AND SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY OF THE COMPANY PARTIES, (E) THAT ACCESS TO OR USE OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, AND (F) AS TO ANY TITLE OR NON-INFRINGEMENT, ANY RELIANCE UPON THE PRODUCTS OR SERVICES IS AT YOUR OWN RISK.
RECOMMENDATIONS, ADVICE, REPRESENTATIONS, WARRANTIES, COMMITMENTS OR AGREEMENTS GIVEN OR MADE BY ANY PERSON, INCLUDING EMPLOYEES OR REPRESENTATIVES OF CGI, THAT ARE INCONSISTENT WITH THE FOREGOING DISCLAIMER SHALL NOT BE BINDING UPON CGI, UNLESS IN A WRITING SIGNED BY A PRINCIPAL OFFICER OF CGI. CGI’S ONLY OBLIGATION IS TO PROVIDE THE PRODUCTS AND SERVICES ORDERED BY YOU WITHOUT REGARD TO THEIR APPROPRIATENESS TO YOUR APPLICATION. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES OF ANY KIND.

10. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, suits, damages or costs arising from third parties related to any content you have provided or any products or services we have provided.

11. ASSIGNMENT

Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign, sublicense or otherwise transfer (by operation of law or otherwise) the Terms and Conditions, or any rights to use our products and services, in whole or in part, without the prior written consent of CGI.

12. DISPUTE RESOLUTION AND JURISDICTION

These Terms and Conditions shall be governed by the laws of the State of New York without regard to its choice of law provisions. You hereby waive the right to a jury trial with respect to any action arising out of or otherwise relating to these Terms and/or the relationship between us.

13. FORCE MAJEURE

Neither party shall have any liability for any damages resulting from any failure to perform any obligation hereunder or from any delay in the performance thereof due to causes beyond their control, including acts of God or government, public enemy, war, fire, pandemic, epidemic, other casualty, failure of any link or connection whether by computer or otherwise, or failure of technology or telecommunications or other method or medium of storing or transmitting the product and services.

14. NOTICES

Except as otherwise expressly provided herein or in the e-contract, all notices to us must be in writing and delivered by received email, letter or other means that are verifiable. If overnighting or mailing us, please use the address provided below:

Contact Information
CGI Communications, Inc.
ATTN: Pete Peterson
130 E. Main St. First Floor, Granite Bldg.
Rochester, NY 14604
Email: ppeterson@cgicompany.com
Cc: tc@cgicompany.com
Phone: 585 450-2306

We reserve the right to update or modify these terms at any time without prior notice. Updates will be posted on our website and become effective immediately.

Last Updated: January 8, 2025