“Provider” means WEBTRICS Inc;
“Backend Service Provider” means any legal entities, businesses or corporations with which the Provider contracts to provide any of it’s products or services;
“Client” means any person(s) or legal entities that are customers of the Provider, or in business with the Provider;
“Parties” means all legal entities privy to this agreement, the Client and the Provider;
“Terms and Conditions” means these terms and conditions;
The Provider reserves the right to suspend and/or terminate a Clients access to any or all services provided if the Provider determines that a service provided has been used inappropriately. The following content and/or activities are strictly forbidden on the Providers servers, and constitutes inappropriate usage:
If a Clients account or services are terminated due to violations of the above usage policy by the Client, the Client forfeits any and all rights to any refund or repayment of fees.
All web hosting services provided by the Provider are billed either annually or monthly, and set up on a pre-pay basis.
All website design services provided by the Provider are invoiced at 50% upfront, 50% upon completion. All website design services sales are final.
All pricing for products and/or services is guaranteed for the term of the product and/or service contract. The Provider reserves the right to change prices at any time.
All invoices issued to a Client by the Provider are due within seven (7) days from the date of invoice. Any account not brought current within seven (7) days from the date of invoice or exceeding this time frame in any way is subject to cancellation and/or suspension. Clients are responsible for any and all monies owed on their account.
Credit card information may be stored on file with the Providers payment processor and may be auto-billed on the due date of any and all invoices. Email notifications will be sent prior to any renewal.
In the event a Client issues a chargeback or reversal of charges with the Clients banking institution, the Client will be responsible for a $50.00 chargeback fee, plus the full amount of the original contract. All of the Clients services may be suspended until any chargeback fees are settled in full.
The Provider reserves the right to cancel and/or terminate any web hosting service at any time, for any reason. If the Provider institutes this blanket right of cancellation, all web hosting service fees charged in advance of cancellation will be pro-rated and paid back to the client.
Due to the nature of website design services offered by the Provider, all website design services sales are final. In the event of a cancellation of a wesite design service by the Client, the Client is not entitled to any refund payment from the Provider. In the event of a cancellation of a website design service by the Provider, the client will be entitled to a 25% refund from the Provider on any amount paid by the Client for such website design services.
Any cancellation and/or termination of products or services that stems from a direct violation of any agreement by a client, will result in the Client forfeiting any and all rights to any re-payment of service and/or product fees and/or payments.
Due to security concerns, all account cancellations must be done in writing via mail with a valid signature of the primary contact of the account, account name and reason for cancellation. The Provider also accepts account cancellations submitted from the registered email address of the account holder. Phone requests will not constitute acceptance of any cancellation. Refund payments, if applicable, will be made to the client within 30 days of receipt of cancellation.
All of the Providers web hosting services are backed by a 30 day money back guarantee. If the Client is not completely satisfied with the services and/or support provided by the Provider, the Client may within the first 30 days of their service contract, give notice to the Provider of the cancellation as per this agreement, after which the Client will be entitled to a full refund of the contract amount, minus any billable support hours that have already been used and/or provided. For annual contracts, after the 30th day, but less than six (6) months after the contract begins, the Client is entitled to a refund equal to one half of the contract amount if the Provider is notified prior to the first day of the second half of the contract term. For annual contracts, the Client is not entitled to any refund once the second half (six months plus one day) of the contract term has begun. For monthly contracts, the Client is not entitled to any refund after the 30th day of the service contract.
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of these Terms and Conditions to the courts of the District of Sudbury, Province of Ontario, including disputes regarding these Terms and Conditions interpretation and its effects.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
THE CLIENT AGREES THAT NEITHER THE PROVIDER NOR BACKEND SERVICE PROVIDER(S) WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ANY WEB SITE(S) PROVIDED THROUGH OR BY THE PROVIDER; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PROVIDER OR BACKEND SERVICE PROVIDER(S); (G) THE PROCESSING OF THE CLIENTS ORDER FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CLIENTS ACCOUNT IDENTIFIER OR PASSWORD. THE CLIENT FURTHER AGREE THAT NEITHER THE PROVIDER NOR BACKEND SERVICE PROVIDER(S) WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER THE PROVIDER OR BACKEND SERVICE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PROVIDER OR THE BACKEND SERVICE PROVIDER(S) EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
THE CLIENT AGREES TO RELEASE, INDEMNIFY, AND HOLD THE PROVIDER AND BACKEND SERVICE PROVIDER(S), THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO THE CLIENTS USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY THE CLIENT OR SOMEONE ELSE USING THE CLIENTS COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PROVIDER AND/OR BACKEND SERVICE PROVIDER(S) MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PROVIDER AND/OR BACKEND SERVICE PROVIDER(S) MAY SEEK WRITTEN ASSURANCES FROM THE CLIENT IN WHICH THE CLIENT PROMISES TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. THE CLIENTS FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY THE CLIENT.
THE CLIENT AGREES THAT THE BACKEND SERVICE PROVIDER(S) SHALL NOT BE LIABLE FOR THE ACTIONS, INACTIONS, NEGLIGENCE, OR INTENTIONAL MISCONDUCT OF THE PROVIDER. THE CLIENT ACKNOWLEDGES AND AGREES THAT NEITHER THE PROVIDER NOR THE BACKEND SERVICE PROVIDER(S) ARE AGENTS FOR ONE ANOTHER. THE CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD THE PROVIDER HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST US, OUR AGENTS, OUR CLIENTS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CLIENT, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD THE PROVIDER HARMLESS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH OUR SERVERS; (2) ANY MATERIAL SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CLIENT FROM OUR SERVERS.
NEITHER THE PROVIDER NOR BACKEND SERVICE PROVIDER(S) MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. THE CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE CLIENTS OWN DISCRETION AND RISK AND THAT THE CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE CLIENTS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CLIENT FROM EITHER THE PROVIDER OR BACKEND SERVICE PROVIDER(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
These Terms and Conditions constitutes the entire terms and conditions and there are no further items or provisions, either oral or otherwise.