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1. Definitions
The following terms and conditions document is a legal agreement between Hosting & Co and you,the client ("Client"), for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
2. Acceptance Of Work
Quotations are valid for 20 days from date of issue. When the Client places an order to purchase a web site, web site updates or other services from Hosting&Co, the order represents an offer to Hosting&Co which is accepted by Hosting&Co only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Hosting&Co until Hosting&Co sends an invoice to the Client for payment. The invoice equals acceptance by Hosting&Co of Client's offer to purchase services from Hosting&Co and this acceptance of work is a valid contract between Client and Hosting&Co. Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records. Hosting&Co reserves the right to withdraw from the contract at any time.
3. Permission And Copyright
All pages, images, text and code on Hosting&Co's web site at http://hostingandco.com/ is copyrighted material. Copyright of the completed web designs, images, pages, code and source files created by Hosting&Co for the project shall be with the Client upon final payment only by prior written agreement. Without agreement and full payment from Client, ownership of designs and all code is with Hosting&Co. These terms of use grant a nonexclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and Hosting&Co. Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and Hosting&Co.Client hereby agrees that all media and content made available to Hosting&Co for use in the project are either owned by the Client or used with legal permission of the original authors or copyright owners. The Client agrees to hold harmless, protect and defend Hosting&Co from any claim or suit that may arise as a result of using Client supplied media and content. Client agrees that Hosting&Co may include development credits and links within any code Hosting&Co designs, builds or amends.Client agrees that Hosting&Co reserves the right to include any work done for the Client in a portfolio of Hosting&Co work.
4. Domain Names and Hosting
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless Hosting&Co from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services.
5. Project Details
Client agrees to provide any or all required information and content to Hosting&Co according to the agreed schedule to enable Hosting&Co to build and complete the website work as part of an agreed project. Client also agrees that if they do not provide all content required on a timely basis, Hosting&Co reserves the right upon notice to cancel, reject, refuse sale to or work with a Client. There will be no refunds issued for payments made to Hosting&Co once the project has commenced. Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Hosting&Co agrees to try and match the design as closely as is possible when building the code. Hosting&Co endeavours to create pages that are search engine friendly, however, Hosting&Co gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Hosting&Co be held liable for any changes in search engine rankings as a result of using Hosting&Co code. If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that Hosting&Co can apply a nearest available alternative solution. After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then Hosting&Co reserves the right to quote for work to repair the web site. Hosting&Co reserves the right to assign subcontractors in whole or as part of a project if needed.All communications between Hosting&Co and Client shall be by email, telephone, Skype or postal mail, except where agreed at Hosting&Co's discretion.
6. Web Browsers
Hosting&Co shall make every reasonable and standard effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer, Google Chrome and Mozilla Firefox latest releases. Client agrees that Hosting&Co cannot guarantee correct functionality with all browser software across different operating systems. Clients agree that after handover of files, any updated software versions of the main browsers Internet Explorer, Google Chrome and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Hosting&Co reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
7. Payment Terms
All prices quoted are subject to applicable HST charges. Hosting&Co shall provide a specific quotation for the Client's proposed work including a total amount for the whole project, broken down into an initial deposit amount to begin the project work, and then various project phases with corresponding amounts. A nonrefundable payment of the deposit is considered to be acceptance of a mutual contract, and acceptance of the Terms and Conditions as stated in this document.The remaining amounts specified on the quotation shall become due as the work for each phase is completed to the reasonable satisfaction of the Client. Hosting&Co reserves the right not to begin the work until the said deposit has been paid in full, and thereafter reserves the right not to begin the work on the next phase until the previous phase has been paid in full. All invoices must be paid in full within 5 days of the invoice date and Hosting&Co will continue work only where an invoice has been paid by the Client for the work. Once an invoice is sent to the Client it must be paid either by Paypal or Stripe, or such other alternate payment method as disclosed by Hosting&Co. Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and Hosting&Co reserves the right to quote or accept additional work or not. If additional work is accepted by Hosting&Co, it may affect timing and overall delivery time of the project.
7A. Approval Of Phase Work
On completion of a phase of the work, the Client will be notified and have the opportunity to review it. The Client should notify Hosting&Co in writing by email of any unsatisfactory points within 5 days of receipt of such notification.Any aspect of the work which has not been reported in writing to Hosting&Co as unsatisfactory within the 5day review period, will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the phase will be deemed to have been completed, and the amount of invoice for such phase must be paid in full. Payment must be made in full before Hosting&Co shall begin work on a further phase.
7B. Rejected Work
If the Client rejects the work within the 5day review period, or will not approve subsequent work performed by Hosting&Co to remedy any points reported by the Client as unsatisfactory, and Hosting&Co considers that the Client is unreasonable in its repeated rejection of the work, the contract will be deemed to have expired and Hosting&Co may take any legal measures to recover payment for the completed work and reasonable expenses incurred in recovering payment. Hosting&Co shall be entitled to keep the nonrefundable deposit amount in this event. Client may request that Hosting&Co cancel a project in writing by email to Hosting&Co and the project is cancelled only if Hosting&Co confirms work has not been started on the project. If Hosting&Co has begun or completed the work and the Client no longer requires the files, but have agreed to the work, they are still obliged to pay Hosting&Co for the work that has been carried out. All invoices are submitted by email except where required otherwise by regulations or agreed at Hosting&Co's discretion. Billing inquiries and disputes should be brought to Hosting&Co's attention within 5 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
8. 30 Day Limited Warranty
Hosting&Co provides a 30 day period from the completion of the project and handover of files to Client, for Client to ensure that all aspects of the website are functioning properly, and to guarantee quality and Client satisfaction. During this 30 day period, Hosting&Co will make any necessary changes to ensure that all aspects of the website are functioning properly, and will make minor updates to the completed website free of charge. While every effort is made to make sure files are error free, Hosting&Co cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If during the 30 day period, errors are found in code Hosting&Co has created and the main browsers Internet Explorer, Google Chrome and Mozilla Firefox, domain name setup and hosting setup are the same as when work began,then Hosting&Co shall correct these errors for the Client free of charge. This warranty does not apply to any work that is outside the scope of the quotation provided by Hosting&Co to the Client, nor does it apply to updating or replacing website text, major page reconstruction, dataentry which can be performed through the Clientʼs administrative environment,navigation structure changes or repairing any alterations made to the original source code provided
9. Liability Disclaimer
Hosting&Co provides its web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Hosting&Co cannot guarantee the functionality or operations of its web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current,accurate or complete. Hosting&Co endeavors to provide a web site within given delivery time scales to the best of its ability.However, the Client agrees that Hosting&Co is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery schedule. The Client agrees Hosting&Co is not liable for absence of service as a result of illness or holiday. The Client agrees Hosting&Co is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. Hosting&Co is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. Hosting&Co shall have no liability to the Client or any third parties for any damages,including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages, email, or web site, even if Hosting&Co has been advised of the possibility of such damages. Client specifically agrees that Hosting&Co's total liability of for all claims of any kind arising as a result of or related to this Agreement, or to any act or omission of Hosting&Co, whether in contract, tort or otherwise, will not exceed the amount actually paid by Client to Hosting&Co under this Agreement. Hosting&Co reserves the right to quote for any updates as separate work. Client agrees Hosting&Co is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Hosting&Co harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
10. Indemnification
Client agrees to use all Hosting&Co services and facilities at their own risk and agrees to defend, indemnify, save and hold Hosting&Co harmless from any and all demands, liabilities, costs, losses and claims against Hosting&Co that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its related third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name. Client also agrees to defend, indemnify and hold Hosting&Co harmless against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business,company or organization.
11. Confidential Information
Hosting&Co agrees that, except as directed by the Client or as required by law, it will not at any time during or after the term of this agreement disclose any Client confidential information. Likewise, the Client agrees that it will not disclose any confidential information from or about Hosting&Co to any other party except as directed by Hosting&Co or required by law.
12. Privacy Policy
In projects Hosting&Co and any third party associates shall use information provided by a Client in relation to this agreement in accordance with the Canada Personal Information Protection and Electronic Documents Act and Ontario Freedom of Information and Protection of Privacy Act, and also for the following purposes: to identify the Client in communications from Hosting&Co to them;and for Hosting&Co to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
13. Interpretation
Hosting&Co reserves the right to terminate a project with a Client at any time without prior notification, if Client is in breach of any of these terms and conditions. Hosting&Co shall be the sole arbiter in deciding what constitutes a breach. In the case of such termination, all payments made by Client are nonrefundable. This agreement shall be governed by the laws of Ontario and of Canada applicable in Ontario for contracts made and to be entirely performed within Ontario. Any and all disputes arising under this agreement shall be resolved by binding arbitration in accordance with the provisions of the Ontario Arbitrations Act or any successor legislation, ad may be amended from time to time, by a single arbitrator chosen by the parties or appointed by an Ontario court with jurisdiction. There shall be no appeal from the award of the arbitrator.Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. Hosting&Co reserves the right to alter these Terms and Conditions at any time without prior notice. Any new version of these Terms and Conditions will have a new effective date as indicated below. By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges that it has read, understood, and accepts the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions.
14. Effective Date
The Effective Date of this agreement is March 4th, 2017.