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Canada Web Developer Services Agreement

These terms (“Terms”) cover the use of Canada Web Developer’s consumer products, websites and services listed here (the “Services”). You accept these Terms by the use of the Services, or by continuing to use the Services after being notified of a change to these Terms.

Updated on Tuesday, March 10, 2015

Your Privacy

1. Your privacy is important to us. Please read the Privacy Statement, as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describe how Canada Web Developer uses your content, which is your communications with others; postings or feedback submitted by you to Canada Web Developer via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services (“Your Content”). By using the Services or agreeing to these Terms, you consent to Canada Web Developer ’s collection, use and disclosure of Your Content and Data as described in the Privacy Statements.

Your Content

2. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Canada Web Developer does not own, control, verify, pay for, endorse or otherwise assume any liability for Your Content and cannot be held responsible for Your Content or the material others upload, store or share using the Services.

b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Canada Web Developer products and services, you grant to Canada Web Developer a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Our advertising policies are covered in detail in the Privacy Statement.

Code of Conduct

a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

i. Don’t do anything illegal.

ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.

iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.

iv. Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity) or Your Content or material that does not comply with local laws or regulations.

v. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments) or libelous or defamatory.

vi. Don’t circumvent any restrictions on access to or availability of the Services.

vii. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others).

viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of photographs).

ix. Don’t engage in activity that violates the privacy or data protection rights of others.

x. Don’t help others break these rules.

b. Enforcement. If you violate these Terms, we may, in our sole discretion, stop providing Services to you or we may close your account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms, or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Canada Web Developer reserves the right to review Your Content in order to resolve the issue, and you hereby authorize such review. However, we cannot monitor the entire Services and make no attempt to do so.

Using the Services & Support

4. Using the Services & Support.

a. Canada Web Developer account. You’ll need a Canada Web Developer account to access many of the Services. Your Canada Web Developer account lets you sign in to products, websites and services provided by Canada Web Developer and some Canada Web Developer partners.

i. Creating an Account. You can create a Canada Web Developer account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Canada Web Developer account. In some cases, a third party, like your Internet service provider, may have assigned a Canada Web Developer account to you. If you received your Canada Web Developer account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Canada Web Developer account. Please review any additional terms the third party provided you, as Canada Web Developer has no responsibility regarding these additional terms. If you create a Canada Web Developer account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Canada Web Developer account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Canada Web Developer account.

ii. Account Use. You must use your Canada Web Developer account to keep it active. This means you must sign in at least once in a five-year period to keep your Canada Web Developer account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Canada Web Developer account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed Canada Web Developer account.

iii. Kids and Accounts. By using the Services, you represent that you have either reached the age of "majority" or "legal responsibility" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority or "legal responsibility" where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a Canada Web Developer account. If you are the parent or legal guardian of a minor that creates a Canada Web Developer account, you accept these Terms on the minor’s behalf and are responsible for all use of the Canada Web Developer account, or Services, including purchases, whether the minor’s account is now open or created later.

iv. Closing Your Account.

1. You can cancel specific Services or close your Canada Web Developer account at any time and for any reason. To close your Canada Web Developer account, please submit a support request to support@canadawebdeveloper.ca

2. If your Services are canceled or your Canada Web Developer account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Canada Web Developer account or will otherwise disassociate it from you and your Canada Web Developer account (unless we are required by law to keep it). You should have a regular backup plan as Canada Web Developer won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired.

b. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.

c. Service Notifications. When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your Canada Web Developer account If you authorized use of your phone number for your Canada Web Developer account, then we may send Service notifications to you via SMS (text message). Data or messaging rates may apply when receiving notifications via SMS.

d. Support. Customer support for the Services is available via email at support@canadawebdeveloper.ca The Services might not be compatible with software or services provided by third parties, and you are responsible for familiarizing yourself with compatibility requirements.

Using Third-Party Apps and Services

5. Using Third-Party Apps and Services. The Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t Canada Web Developer) (“Third-Party Apps and Services”). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. These Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify these Terms. Canada Web Developer does not license any intellectual property to you as part of any Third-Party Apps and Services. You agree to assume all risk and liability arising from your use of these Third-Party Apps and Services and that Canada Web Developer is not responsible for any issues arising out of your use of them. Canada Web Developer is not responsible for information provided by third parties.

Service Availability

6. Service Availability.

a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. If you change the location associated with your Canada Web Developer account, you may need to re-acquire material or applications that were available to you and paid for in your previous region. You agree not to access or use material or Services which are illegal or not licensed for use in the country from which you access or use such material or Services, or to conceal or misrepresent your location or identity in order to access or use such material or Services.

b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Canada Web Developer is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.

Updates to the Services or Software, and Changes to These Terms

7. Updates to the Services or Software, and Changes to These Terms.

a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services, close your Canada Web Developer account and, if you are a parent or guardian, help your minor child close his or her Canada Web Developer account.

b. Sometimes you will need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Canada Web Developer isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you licensed the software. Such updates may not be compatible with software or services provided by third parties. You may withdraw your consent to future software updates at any time by uninstalling the software.

c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods, or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.

d. So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates.

Software License

8. Software License. Unless accompanied by a separate Canada Web Developer license agreement (for example, if you are using a Canada Web Developer Online TV for Windows Software License Terms govern such software), any software provided by us to you as part of the Services is subject to these Terms.

a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Canada Web Developer. Notices, if any, for the third party code are included for your information only.

b. The software is licensed, not sold, and Canada Web Developer reserves all rights to the software not expressly granted by Canada Web Developer, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:

i. circumvent or bypass any technological protection measures in or relating to the software or Services;

ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;

iii. separate components of the software or Services for use on different websites;

iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Canada Web Developer expressly authorizes you to do so;

v. transfer the software, any software licenses, or any rights to access or use the Services;

vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;

vii. enable access to the Services or modify any Canada Web Developer-authorized device (e.g., Dedicated Servers, Virtual Private Servers, Shared Hosting Servers etc.) by unauthorized third-party applications.

Payment Terms

9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge in the currency specified. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Canada Web Developer account was registered unless local law requires a different basis for the calculation. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.

b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. Additionally, you agree to permit Canada Web Developer to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account and contact information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.

c. Billing. By providing Canada Web Developer with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Canada Web Developer to charge you for the Services or available content using your payment method; and (iii) authorize Canada Web Developer to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.

d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Canada Web Developer by the method you have chosen at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Canada Web Developer. By authorizing recurring payments, you are authorizing Canada Web Developer to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account, or as charges to your designated (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Canada Web Developer or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.

e. Automatic Renewal. Provided that automatic renewals are allowed under applicable law, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.

f. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Canada Web Developer has charged you in error, you must contact us within 2-days of such charge. No refunds will be given for any charges more than 2-days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic.

g. Canceling the Services. You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, send a support request to support@canadawebdeveloper.ca

You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account or its benefits when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.

h. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).

i. Promotional Offers. From time to time, Canada Web Developer may offer Services for free for a trial period. Canada Web Developer reserves the right to charge you for such Services (at the normal rate) in the event that Canada Web Developer determines (in its reasonable discretion) that you are abusing the terms of the offer.

j. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.

k. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.

Warranties

10. Warranties.

a. CANADA WEB DEVELOPER, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." CANADA WEB DEVELOPER DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM COMPUTER NETWORKS.

b. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.

c. For consumers living in Australia: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

d. For consumers living in New Zealand, you may have statutory rights under the New Zealand Consumer Guarantees Act, and nothing in these Terms is intended to affect those rights.

Limitation of Liability

11. Limitation of Liability.

a. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Canada Web Developer or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to USD$1.00 if the Services are free).

b. You can't recover any (i) consequential losses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect); (iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of contract or business or other losses or damages arising from your use of the Services in a non-personal capacity; (v) special, indirect, incidental or punitive losses or damages; and (vi) to the extent permitted by law, direct losses or damages in excess of the caps specified in section 12(a) above. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.

c. Canada Web Developer is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond Canada Web Developer’s reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). Canada Web Developer will endeavor to minimize the effects of any of these events and to perform the obligations that aren’t affected.

Service-Specific Terms

12. Service-Specific Terms. The terms before and after section 12 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms.

Website Development & Implementation


OVERVIEW

This Professional Web Services Agreement (“Agreement”) is entered into by and between Canada Web Developer, and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Canada Web Developer’s Professional Web Services (“Service(s)”), and represents the entire agreement between you and Canada Web Developer concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Canada Web Developer’s Services Agreement and Hosting Agreement, which are incorporated herein by this reference.

The terms “we”, “us” or “our” shall refer to Canada Web Developer. The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.

We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.


DESCRIPTION OF SERVICES

This Agreement applies to design of websites and web stores, and post-publication changes to websites and web stores.

Purchase of a website design includes the design of a website using the parameters specific to your plan, and as described below:


Website Design

Starter Website Design includes the choice of one (1) design template, up to five (3) site pages, one (1) round of revisions (not to include new content), and no Extended Support Minutes. Extended Support Minutes available for purchase.
Business Website Design includes your choice of one (1) design template, up to five (10) site pages, one (1) revision after your site is completed (not to include new content), and no Extended Support Minutes. Extended Support Minutes available for purchase.
Ultimate Website Design includes custom designed elements placed into our choice of design template, one (1) standard favicon image of your choice based on your website design, logo or initials, up to twenty (30) site pages, one (1) revision during the design process (not to include new content), one (1) revision after your site is completed (not to include new content), and no Extended Support Minutes. Extended Support Minutes available for purchase.

You are solely responsible for providing your product descriptions, images, pricing and other product information, and for confirming this information before approving your website for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible for all other content configuration.


Logo Design


The Logo Design Service does not include the creation of a custom logo created from completely original elements outside of our current Logo Studio process. Purchase of the logo design service includes an initial interview (via online or by phone), presentation of one (1) initial designs, and one (1) rounds of requested revisions to the selected design.


YOUR OBLIGATIONS

Reasonable Requests. You agree that all requests will be reasonable in nature and within the scope of the Services purchased.

Obligation to Maintain Subscription. All Services, including any free products or services included in your plan, must be associated with a specific website or web store at the time of purchase and are not transferable to other accounts, websites or web stores thereafter. Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Services. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your Services plan will begin on the date of purchase.

Provision and Timing of Design Services. After your initial purchase of a Website or Web Store Design plan, you will be required to (i) complete an interview form, and (ii) submit your content to the Design Manager. Upon approval of all of your content, we will begin building your Website or Web Store.

Submission of Content. You are responsible for submitting all copy, images, and other content for your Design, unless you approved content provided by the design team. All provided content should be copies and not the originals. You agree to respond to any request for content, feedback or approval within ten (10) business days. All content must be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. If you do not submit the content within ten (10) business days, your site will progress the site to build stage, but you will only be able to add additional content using your Extended Support Minutes. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.

Automatic Publication. Within ten (10) days of receiving notice that your Website or Web Store is ready for review, you must either (i) provide us with your revisions, or (ii) notify us that you have no revisions. If you fail to take either such action within ten (10) days, your Website or Web Store will be published on your behalf without further review. Any time after publication, you may elect to de-publish your site by changing DNS settings on your domain name.

Included Extended Support Minutes. It is your responsibility to initiate your included Extended Support Minutes before their expiration. Once we receive your request for maintenance and all necessary materials or content, we will complete the requested maintenance and re-publish your site without further review.

Completion of Service. Publication of your Design is acknowledgement of your satisfaction with the Services provided to date and releases us from any obligation for further revisions or alterations at that time or until the next Extended Support Minutes are initiated. You also acknowledge and agree that once your Design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your Design.


Our Right to Terminate Your Service.


You understand and agree that Canada Web Developer has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to terminate your Service if:

You fail to complete the interview form or submit content for your initial Design within six (6) months of purchasing your plan. If we have not commenced any work on your Design at the time of cancellation, you may be eligible for a partial refund of the fees associated with the remaining time left on your plan.

You fail to provide any other requested content, feedback or approval within thirty (15) days of our request. If we have commenced work on your Design (which means any commencement of the creative process), you may be eligible for a partial refund of the fees associated with the remaining time on your plan, but you will be charged for the work completed to date, plus a cancellation fee at the rates described in our refund policy.


LIMITATIONS

Reasonable Expectations. We strive toward providing Services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.

Your Delay. Our completion of the Services depends upon your timely feedback and approval. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to initiate the design process.

Limits on Content. We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, encourages or promotes terrorism or other illegal activities, contains illegal content, or for any other reason that we, in our sole discretion, decide.

No Obligation to Back-Up. We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.

Limitations on Design Services. The following services are not included in any of the initial Design plans, but may be purchased separately as Updates: (i) any revisions beyond the revisions included in your applicable Design plan; (ii) photo manipulation services, such as cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. The following photo manipulation services are not available, even as Updates: color correction or making a low-resolution image a higher resolution.

Managed WordPress Design. We expressly disclaim any responsibility for liability due to hacking of any websites.

Plug-ins/Add-ons. We are not responsible for the maintenance on any WordPress third-party add-ons or plug-ins added to your website during or after initial build. You are solely responsible for ensuring your add-ons or plug-ins remain current and are functional.

Hosting Outage. We are not responsible for website outages arising from the WordPress hosting account.


OTHER PRODUCTS AND SERVICES

The Services may include access to other of our products and services.

If your Design plan includes an Email account and/or SSL Certificate, it will be your responsibility to set up those services.

If your Design plan includes an Online Store, we will set up that product for you as part of our Service. Your electronic acceptance of this Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Online Store/Quick Shopping Cart Agreement, which is incorporated herein by reference.

If your Design plan includes Search Engine Visibility, you may make a request to support@canadawebdeveloper.ca for us to set up that service for you in conjunction with your Design. If you make that request. To facilitate the set up of this additional service, you will be required to fill out an electronic worksheet providing the necessary information, setup and details for configuration before we can complete the set up. Our set up and configuration of these services will use one month (one 30-minute block) of the Maintenance included with your Design plan. Once set up and configured, continued monitoring of the Search Engine Visibility service will be your responsibility.


SEO SERVICES

SEO Services is a 12-month commitment billed monthly. You are expected to stay at the agreed upon price for 12 months. You can cancel SEO Services at any time and Canada Web Developer will not bill you for future months. However, you will not be refunded the cost of the present or past months. When you cancel, you become responsible for maintaining any and all of the onsite or offsite optimizations previously done by SEO Services. If you cancel SEO Services within 48 hours of buying them, you can receive a full refund, including for the first month. After 48 hours, however, you will have to pay for the first month and will only be refunded for the time beyond that first month.


THIRD PARTY IMAGES AND SOFTWARE

Definitions and Scope. As part of the Services, you may be allowed to use certain (i) photographs, illustrations, or other images (“Images”) and/or (ii) software, widgets, add-ons, plug-ins, or other applications (“Software”) developed, owned, or licensed by third-party providers as we may contract with from time to time. If the Images/Software are accompanied by or require consent to a license agreement from the third-party provider, your use of the Images/Software is subject to the terms and conditions of such license agreement, which are in addition to (not in lieu of) the terms and conditions of this Agreement.

Terms and Conditions Applicable to all Images/Software. You acknowledge and agree that (i) the Images/Software have not been sold or distributed to you; (ii) you may use the Images/Software only as part of the Services; (iii) you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images/Software; and (iv) you may not modify, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images/Software.

Privacy. We may provide your personal information to third-party providers as required to provide the third-party Images/Software. We reserve the right to modify, change, or discontinue use of the Images/Software at any time, and you agree to cooperate in performing any steps necessary in connection therewith.

Limitations. We make no representations or warranties about any third-party Images/Software offered in connection with the Services, and expressly disclaims any liability or responsibility regarding the same.

Indemnification. You acknowledge and agree that you will protect, defend, indemnify and hold harmless us from and against any and all claims imposed upon or incurred by us directly or indirectly arising from your use or misuse of any third-party Images/Software. You acknowledge and agree that the providers of the third-party Images/Software are third-party beneficiaries to this Agreement for purposes of enforcing only their rights under this Agreement.

Covered Services

The following products, apps and services are covered by the Canada Web Developer Services Agreement, but may not be available in your market.

  • Online Tv For Windows Phone 7
  • Online Tv For Windows Phone 8
  • Online Tv For Windows 8 And Windows Rt
  • Online Tv For Windows 10
  • Online Chat For Windows
  • Canada Web Developer App For All Windows Devices
  • Graphic Design Services For Small And Medium Businesses
  • Website Design Services For Small And Medium Businesses
  • Website Development Services For Small And Medium Businesses
  • WordPress Website Development Services For Small And Medium Businesses
  • WordPress Website Design Services For Small And Medium Businesses
  • SmartCloud Web and Email Hosting Control Panel
  • SmartCloud Web and Email Hosting Control Panel Beta
  • SmartCloud Shared Web Hosting Services For Small And Medium Businesses
  • SmartCloud Premium Web Hosting Services For Small And Medium Businesses
  • SmartCloud Dedicated Virtual Private Server Hosting Services For Small And Medium Businesses
  • SmartCloud Dedicated Private Server Hosting Services For Small And Medium Businesses
  • SmartCloud Shared Virtual Private Network Hosting Services For Small And Medium Businesses
  • Streaming Media Services For Small And Medium Businesses
  • Music Production And Engineering For Small And Medium Businesses
  • Comprehensive It Support Services For Small And Medium Businesses
  • Interpretation And Translation For Small And Medium Businesses
  • Search Engine Optimization For Small And Medium Businesses

Contacting Us

If there are any questions regarding this agreement you may contact us using the information below.

Canada Web Developer
Manulife Place, 10180 – 101 Street, Suite 3400, Edmonton Alberta , Canada. Postal Code T5J 3S4
legal@canadawebdeveloper.ca
(650) 396-9343

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