The Simple Web, Websimple as well as 9316-5686 Quebec Inc [hereinafter referred to as " Websimple "]
The following policies apply to all customers of Websimple products and services including subscription through a third party, representative or marketing partner, [hereinafter referred to as " Customer"]
You accept the policies described in this document and agree to comply with them.
General Terms of Agreement
Websimple agrees to provide Customer with Internet hosting services. Websimple will use commercially reasonable efforts to provide the best possible service to Customer.
Websimple will use personal information provided by the Client only for its day-to-day operations, and will not disclose such information to other parties without the prior consent of the Clients concerned, except to law enforcement authorities, if requested by such authorities, and to collection agencies when necessary. Websimple may use the name of the company or Client, and any comments submitted by the Client, as a reference in its advertising or in the text on its site. Client may, at any time, send an email requesting that its name or comments not be used.
Illegal or Unacceptable Behavior
Websimple is not responsible for illegal activities or unacceptable content on websites hosted on its web server. Any website with illegal or unacceptable content will be suspended immediately, without prior notice. It is therefore the Customer's responsibility to monitor the content of their website.
Internet Connectivity Services
Websimple agrees to provide Customer with IP addressing and web hosting services.
If requested by Customer, Websimple may at its option provide Customer with technical or non-technical support, as applicable, other than that included in the package including, but not limited to, mailbox creation, access code resets, smart phone email account setup, scripting and programming diagnostics, DNS service, or any other type of support ("Other Services"), in connection with Customer's use of Customer's space and bandwidth services. Unless otherwise agreed by the parties, Customer agrees to pay for the provision of such Other Services at a rate of $115.00 CAD per hour, billed in blocks of at least 30 minutes each.
Installation, Removal, Ownership and Access to Equipment
Websimple is responsible for the installation of Websimple's hosting on its web servers ("Equipment") and is the sole owner. Customer does not own or exercise any rights in the Equipment. Access to the Websimple Equipment is not permitted. Customer shall not be permitted to work on or modify the Equipment under any circumstances.
If, in the opinion of Websimple, acting reasonably, the Hosted Site or Server poses an immediate threat to the integrity or performance of Websimple's equipment or network or any other user of the Services, or poses an immediate threat to the safety of any person, Websimple reserves the right to take such action as it deems necessary, without notice to Customer and without liability for any damages that may result from any interruption in Customer's (or Customer's customers', if any) business. As soon as practicable after such work is performed, Websimple will notify Customer by email and/or telephone of the nature of the work performed or the action taken, as applicable.
Use of E-mail Services
You agree to use our Business Internet E-mail Service only to send and receive messages and materials that are appropriate. In addition to the general terms and conditions set forth above, by way of example and not to limit the scope of the foregoing, you agree to use the Business Internet Email Service by refraining from doing any of the following: use the service for pyramid schemes, mass mailings or unsolicited messages for marketing purposes (commercial or otherwise); without obtaining the consent of the recipient and without including an opt-out mechanism (click here for Canada's Anti-Spam Act - CASL requirements), prevent any other user from taking advantage of the email service; create a false identity for the purpose of misleading third parties or falsify the headers of your email messages in any way; provide (whether or not free of charge) to any person or entity any directory of users of such service or any other user or usage information, or any portion thereof; promote or facilitate the transmission of unsolicited e-mail messages; send e-mail messages to disrupt or cause difficulties in the receipt of other e-mail messages.
Relocation for discontinued services
In the event Websimple makes an official request by email, the Customer agrees to find a new hosting service provider for its site(s) or server(s) within sixty (60) days of receiving notice of such request.
Customer agrees not to hold Websimple liable for any claims, liabilities or damages to property that may result from or arise out of Customer's use and/or occupancy of the leased hosting space. Websimple shall in no event be liable for any loss, theft, disappearance, damage, or destruction of any personal property, including data stored or placed by Customer in the rented space or surrounding property regardless of cause. Websimple is committed to ensuring the protection of all of its Clients' sites through the provision of basic and extended warranties depending on the services offered (conditions apply). Under no circumstances will Websimple be obligated to provide specific insurance for Customer-owned equipment or Customer-hosted data.
If Customer is in default of any of its obligations under this Agreement, Websimple may, at its option, do any or all of the following: (i) suspend access to Customer's space, without notice; (ii) if Customer is in default due to non-payment of any amount owed to Websimple, Websimple may exercise all of the rights and remedies conferred upon a secured party under applicable law, including without limitation, proceeding on the shortest notice period provided by law (if any).
Unless otherwise specified by the Customer, billing for Websimple's services will be done via email. The first invoice must be paid upon account opening. Subsequent invoices must be paid in full no later than thirty (30) days after receipt of the invoice.
All annual recurring fees are payable in advance. All invoiced amounts must be paid in Canadian dollars within thirty (30) days of the date appearing on the invoices issued by Websimple. Customer shall make such payments in accordance with the payment options available. Any payment not made when due shall bear interest at the rate of two percent (2%) per month, compounded monthly (corresponding to an annual interest rate of 26.86%). Any cheque or direct debit that is returned for lack of funds will incur a $40 CAD handling fee.
Default in payment
Following a default in payment, Websimple reserves the right to suspend Customer's products or services without notice.
Cancellation of Products and Services
. The Agreement shall automatically renew at the end of each billing period. Either party may terminate this Agreement without cause upon 30 days prior written notice to the other party of the cancellation of products and services.
Customer is obligated to pay for its account even if it does not use the account. Upon opening an account, Websimple assigns and reserves hosting space, resources and hardware according to Customer's needs. Customer may use its account as it sees fit upon activation.
Network Availability Guarantee
Websimple agrees to use commercially reasonable efforts to provide the best possible service to Customer.
Neither party shall be liable for any delay, interruption or failure to perform any of its obligations due to acts of God, declared or undeclared war, terrorist attack, fire, storm, prolonged power failure, landslide, earthquake, computer attack, computer virus or other similar event over which the affected party has no control ('force majeure'). In the event of force majeure, the party invoking force majeure must notify the other party as soon as possible. The party invoking Force Majeure undertakes to use all commercially reasonable efforts to remove or remedy the effect of the Force Majeure. However, this section shall not be used to excuse failure to make payment when due.
Websimple is committed to making every effort to provide backup copies of server content, and implements a comprehensive backup mechanism for all its products and solutions. Websimple will not be liable for any damages resulting from data loss.
Ownership and Copyrights
Customer represents and warrants that it is either the owner of the content it is promoting or that it has all necessary rights in such content to place such content on its web site(s). Customer agrees that Websimple may create accounts or subscriptions to services for Customer.
This Agreement shall be governed by and construed in accordance with the applicable laws and the jurisdiction of the courts and the language (French) of the law of the place where Websimple's principal place of business is located, without regard to the conflict of laws provisions thereof. The parties hereby irrevocably and unconditionally consent to the jurisdiction of all courts of competent jurisdiction to hear appeals from said courts of first instance.