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Terms of Service

Terms of Use of SEQCUR (April 1, 2015)

1. Definitions:

In this Agreement, unless the context otherwise requires, the following terms have the meanings respectively assigned to them:

  • « Customer » : Means a person or company who subscribes to SEQCUR;
  • « Date of Entry into service »: Means the date on which the Customer registers to use the SEQCUR service whether he uses it, or not;
  • « Customer Data »: Means all data processed by SEQCUR from the Client or its guests;
  • « Customer Facilities » : Means the equipment and software that the Customer must obtain for the use of the online file sharing service SEQCUR;
  • « Fees and payment » : Means the monthly or annual amount paid by the Customer for the use of the SEQCUR service;
  • « Service interruption » : Means a systems maintenance period by the supplier where the services of SEQCUR will be partially or completely unusable;
  • « Guest » : Means a user who has been invited by a user with a SEQCUR account. The guest can not invite other resources or create new shares and is limited to the accesses and permissions given by the user;
  • « License agreement » Means the authorization to use the SEQCUR service according to the parameters of this agreement;
  • « Supplier Material » : Means all equipment, software and documents (including training manuals, user guides) provided by SEQCUR;
  • « Period of service »: Means the period of time predetermined by both parties during which SEQCUR undertakes to provide the proposed service and for which the rates and charges payable are to be paid by the Client;
  • « Support service » : means the support services that CDMS Inc., the owner of the SEQCUR service, provides to the Customer as described in this agreement;
  • « Down time » : Means a period during which the SEQCUR service is not available in any way.
  • « User » : Means a paying user of the SEQCUR service and able to administer his / her account (package, volume, guest management, etc.);

2. Terms of service

  • 2.1. The Customer, subject to compliance with the provisions of this agreement and the payment of user fees as described in the Tariff section, is granted a license to use the SEQCUR service enabling it to share and save documents On-line and to give access to the guests to consult its documents in accordance with the rights of use described in paragraph 6 herein entitled “Customer specific services”.
  • 2.2. A 90-day trial period is granted to the Customer who wishes to test the SEQCUR service. A Customer may not use more than one trial period. SEQCUR shall have no obligation and the Customer shall have no right to the terms of the trial period. User accounts, guest accounts and data stored during the trial period will be destroyed 30 days after the end of the trial period.
  • 2.3. It is forbidden to share the user account and the password with several people, to transfer the rights of access to a third party or to try to hack the software to know the code, the encryption algorithms or to try to Access without paying user fees.
  • 2.4. The service is available only for the period for which the user fees have been paid.

3. Fees and payment

  • 3.1. The Client may choose between the different packages offered in the Tariff section of the website. The Client shall pay the user fees according to the chosen package before accessing the online sharing service of SEQCUR.
  • 3.2. Each package gives the Customer the option to pay monthly or annually. No refund will be given if the Customer wishes to terminate his / her subscription before the end of the selected period.
  • 3.3. In the absence of payment, the user account will be deactivated and the data will be inaccessible. Data will be completely destroyed (main site, redundant site, and backups) after 30 days.
  • 3.4. Packages and prices published on the website do not include current taxes and Canadian dollars.

4. Responsibilities

  • 4.1. SEQCUR can not be held responsible for any loss of data caused by improper handling of the equipment or material breakage.
  • 4.2. SEQCUR guarantees quality of service and 99.5% availability based on one year. In the event that this rate is not reached, SEQCUR will indemnify the Customer as described in Section 10 Indemnification.
  • 4.3. SEQCUR can not be held responsible for any direct or indirect financial loss arising from a computer-related problem, whether in connection with the service or the equipment.
  • 4.4. The Online File Sharing and Backup Service gives you the ability to copy all files on your computers, servers, or mobile devices. However, the content must comply with all Canadian laws and the laws of the Customer’s country.

5. Termination of Services by Customer (transfer and destruction of data)

  • 5.1. The Customer may terminate the Services by written notice. No refund will be given if the Customer wishes to terminate his / her subscription before the end of the selected period.
  • 5.2. At the request of the customer and for labor and transport media costs, SEQCUR will transfer all the data saved on the hosted environment to the client.
  • 5.3. All data, including history and backups, will be destroyed 30 days after the termination of the Services or the end of the period of use.

6. Customer specific services:

SEQCUR undertakes to provide the Client with the following specific services (Specific Services):

  • 6.1. All telephone and remote calls on the SEQCUR service 7 days a week, 24 hours a day, 365 days a year through the CDMS support team;
  • 6.2. SEQCUR will provide the customer with a unique identifier (e-mail address provided by the client) and a temporary password that will have to be changed by the customer during the first use. This password must contain a minimum of 8 characters and a combination of uppercase letters, lowercase letters, numbers and symbols;
  • 6.3. The application is developed by Quebec company OKIOK, a global specialist in secure data sharing under its S-Filer Portal platform;
  • 6.4. The data is hosted in Quebec, under Quebec jurisdiction and on servers belonging to CDMS Inc.
  • 6.5. Data encryption according to the 256-bit AES algorithm;
  • 6.6. The transfer of data over the Internet is secured by the use of the Secure Socket Layer (SSL) and is protected by a certificate of confidence issued by GoDaddy
  • 6.7. Monitoring of the network 24/7/365 by a technical team of levels 1, 2 and 3;
  • 6.8. Environment secured by firewalls and a system of Isolation of the Clients;
  • 6.9. Disaster recovery plan including a mirror environment at a remote site.

7. Compensation:

  • 7.1. SEQCUR guarantees a 99.5% service availability. CDMS undertakes to meet this percentage. If it fails to do so, then CDMS will reimburse the customer the equivalent of one month of subscription for each consecutive period exceeding four (8) hours out of service.

8. Confidentiality and Protection of Personal Information:

  • 8.1. SEQCUR, CDMS, their employees and their subcontractors, where applicable, agree and undertake to maintain the strictest confidentiality of any personal information and data disclosed in any manner whatsoever and to disclose the information and Terms and conditions of this contract to any third party without the prior written consent of the Customer, unless such disclosure is required by the judicial authorities;
  • 8.2. SEQCUR and CDMS represent and warrant to the Client that all their employees and subcontractors, if any, involved in the provision of the Services have read and have signed the CDMS Privacy Policy and the CDMS Privacy Policy and Have the training required to render the Services. CDMS represents and further guarantees (i) that it is qualified and has the resources to render the Services; (Ii) each member of the CDMS staff and / or any subcontractor providing the Services is duly qualified to render the Services; And (iii) CDMS has adopted a privacy policy in compliance with any applicable law.

9. Files, data and backup

  • 9.1. The files and data entered in SEQCUR belong and are the responsibility of the Customer.
  • 9.2. SEQCUR, CDMS and their employees have no access to your files.
  • 9.3. SEQCUR provides you with a synchronization software allowing you to transfer your files without going through the web application. However, web access is required to transfer the data.
  • 9.4. The data is hosted on servers belonging to CDMS that are located in its own Data Center and are housed in a remote Data Center.
  • 9.5. All data will be encrypted between the Client workstation and the SEQCUR servers.
  • 9.6. The data will be destroyed 30 days after the expiration of the right to use the service.