WEB HOSTING AGREEMENT / TERMS OF USE

IMPORTANT NOTE:

If the client does not pay their hosting charges before the end of the month they are due, they will receive a warning e-mail stating that the Client’s website will go offline and redirect to an error page if the balance is not paid before the next payment is due (30 days).

1. Terms.
   Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
   
   1. Length of Service.
      Client agrees to month-to-month services for hosting
   2. Service Start Date.
      The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
   3. Renewal by Client.
      This Agreement will automatically renew for another month Term unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
   4. Confidentiality. All client information will be treated as confidential

2. End User Pricing and Web Hosting Compensation.
   End User pricing and Web Hosting Compensation is subject to change at the sole discretion of Company.
   
   1. Pricing is set forth as per your invoice

3. Terms of Payment.

Terms of payment are C.O.D. unless credit approval has been granted by Company.  If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.

4. Proprietary Information.

Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.

5. Server Information.

Company’s server is with Digital Ocean and their server is located in the United States of America. Therefore, your information may be subject to their (US) laws. The company will exercise no control whatsoever over the content of the information passing through the network, email or website. Additionally, all your information on the server is made public unless client has requested their information to be encrypted.

6. Server Backups & Security.
1. Weekly Website Backups: The company will perform regular backups of the client’s website, maintaining four backups per month. This ensures the client’s data is protected in case of unforeseen events.

2. 24/7 Uptime Monitoring: The company will continuously monitor the client’s website’s uptime. In the event of any downtime, the company will be immediately notified via cell phone and will take prompt action to address the issue.

3. Enhanced Security: The company will implement 2Factor Authentication across all server providers. All login attempts will require a second code, providing an additional layer of protection for the client’s website.

4. Robust Server Security: The company will utilize SSH Keys for server access, securely linked to each team member’s device. This ensures that only authorized individuals can access the client’s server, enhancing overall security.

5. Optimized Speed: The client’s website will be hosted on servers specifically optimized for its type. The company will ensure that e-commerce websites are not mixed with non-e-commerce sites, guaranteeing that each website receives the necessary resources for optimal performance.

6. Dedicated Hosting: Clients on a Premium Hosting package dedicated, private hosting will receive exclusive access to 100% of the server resources. The client’s website will never share server space with another website, ensuring exceptional performance.

7. Warranties.

Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchant ability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability, viruses, malware, or any sort of hacks. If the Web Hosting service is unavailable for more than 5 business days, the client will receive their next month free. If there is no charge for hosting, the client will receive nothing

8. Trademarks and Copyrighted Material.

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

9. Transfer of Agreement.

Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of Company.  In the event that Client contemplates whole or partial sale of it’s business, ownership change, or change in jurisdiction, Client shall notify Company by mail, facsimile or email no less than 60 days prior to the effective date of the event.

10. Termination.

Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client. 4) Unpaid invoice over 30 days

11. Disputes.

If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

12. Indemnification.

Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.

13. General.

If any provision of this Agreement is held to be unenforceable, the enforce ability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the Calgary, Alberta, Canada. Exclusive jurisdiction and venue shall be in the in Calgary, AB Provincial Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.