DEFINITIONS
"Customer" is the person or organization who receives services from the "Company". The "Company" offering services to the Customer is Advanced Web Engineering, located at 914 Gordon Road, Nelson, BC V1l 3M1. "Service" refers to various internet services as provided by the Company to the Customer, determined by the Company and subject to all of the terms and conditions herein provided.
TERM
This agreement is for an initial term of one month (prepaid), which shall automatically renew each month for an additional month, unless terminated by the Customer or the Company. The Customer must give thirty days notice prior to the end of the term to terminate this agreement. The Company will give five days notice prior to the end of the term for termination without cause. No refunds will be given for partial terms or for the initial activation fee.
MANNER OF USE
The Customer agrees to respect the use of the Internet so that he/she does not violate or affect the laws and/or rights of others. The Customer will not misuse the Company's proprietary information or property of others for his/her own purposes or otherwise and will not publish threatening or defamatory materials or any materials otherwise injurious to the business or reputation of others. In particular, without limiting the generality of the foregoing, the Customer shall not do, nor permit any of the Customer's authorized users or other third parties to do, any of the following:
Restrict or inhibit any other user from using and enjoying the Internet;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation export control laws and regulations;
Choose a domain name which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright holder or right holder;
Post or transmit any information or software that the Customer is aware contains a virus, worm, or other harmful component;
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Internet which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
Spamming or other advertising that is objectionable to the Company in its sole discretion, including without limitation sending unsolicited mass e-mailings to more than twenty-five (25) e-mail users, if such unsolicited e-mailings provoke complaints from the recipients.
Engage in any activity that is deemed by the Company at its sole discretion to be injurious to the Company, its partners, subsidiaries, or other clients.
The Company considers the above practices to constitute abuse of both the Company's services and of the recipients of such unsolicited mailings or postings who often bear the expense. Engaging in one or more of these practices will result in immediate termination of the Customer's account. The Company reserves the right to implement technical mechanisms that block multiple postings before they are forwarded, as described above. Nothing contained in this policy shall be construed to limit the Company's actions or remedies in any way with respect to any of the foregoing activities. The Company reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation all rights and remedies available to the Company at law or in equity.
SERVICE RATES
The price for the Service is available on the Company's on-line web site and is subject to change without notice.
PAYMENT TERMS
The Customer agrees to pay the Company for the Service provided in advance, in the amount published by the Company from time to time as its current fee charged for the Service provided. Past due accounts will be charged a service charge of 2% per month, with a minimum charge of $2.00. Should the account become past due, the Company may, at its sole discretion, disconnect the Service to the Customer as delinquent. In addition to the outstanding amount, a $15.00 bank-processing fee will be charged should a payment be rejected by the financial institution for any reason. Thereafter, should the Customer choose to resume the Service the Customer's payment of the full amount is then due, including a $15.00 re-connection fee that may be applied to the balance outstanding. Should the Customer choose to not reconnect, the Customer remains liable for the full amount outstanding for the term. The Customer shall pay all taxes now or after this clause is imposed, including without limitation the Goods and Services Tax (GST), excise taxes and social services taxes. The Company reserves the right to increase the fees charged for renewal terms upon not less than two weeks notice published on the Company's web site or sent by e-mail or fax to the Customer prior to the commencement of a new term.
INVOICES BY EMAIL
The Company sends invoices and statements to the Customer by email, and the Customer agrees to accept these as duly issued invoices of the Company. It is the Customers responsibility to ensure that The Company has a current and functional email address for The Customer. If the Customer requests that invoices are mailed or faxed to them, they acknowledge that they are responsible to pay a service fee of $2.00 for each invoice sent to them by either method.
RELATIONSHIP
The relationship between the Customer and the Company constitutes that of independent contractors. The Customer does not possess, nor is able to distinguish himself/herself as having, any authority to act for or create any obligation of, or make any representation on behalf of or in the name of the Company. The Customer shall not use in any manner or circumstance whatsoever the Company's trademarks, trade names, logos or designs owned or licensed by the Company.
CUSTOMER IS RESPONSIBLE FOR ALL ACTIONS ON ACCOUNT AND MANAGEMENT RESERVES THE RIGHT TO CANCEL SERVICE
The Customer warrants to the Company that the Customer is the end user of the computer programs and software and the services provided under this agreement. The Company's Management reserves the right, at its sole discretion, to cancel accounts without notice. Refunds less a handling fee will be made at The Company's discretion. Accounts may be deleted when they have expired for an abnormal amount of time.
LIMITATION OF LIABILITY
Neither the Company nor any other party involved in creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential damages arising from the use, or inability to use, the Service, even if such damages were reasonably foreseeable or notice of such damages was given. The Service is provided on an "as is" and "as available" basis and use of the Service is at the Customer's own risk. The Company makes no representations or warranties of any nature whatsoever, either express or implied, with respect to the Service, including without limitation any representation or warranty with respect to the network transmission capacity of the common carriers used by the Company or the accuracy or quality of the Service, warranties of title, non-infringement or the implied warranties of merchantability or fitness for a particular purpose. None of the Company or its suppliers or affiliates warrant that the Service will be uninterrupted or error free or that any information, software, or other material accessible on the Internet is free of viruses, worms, Trojan horses or other harmful components.
Without limiting the generality of the foregoing, the Company, its affiliates and suppliers, and their directors, officers and employees, are not responsible or liable to the Customer or third parties for any claim, loss, damages, liability or expenses the Customer or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, or any use of it or interruption in it, whether through act or omission, negligence or otherwise, and whether direct or indirect, including but not limited to incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if the Company has been advised of the possibility of such claim, loss, damages, liability or expenses by the Customer or others. The Customer assumes all responsibility and liability with respect to mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this agreement shall survive the termination of this agreement. Without limiting the generality of the foregoing, the liability of the Company to the Customer is strictly limited to one month's user fee.
CUSTOMER INDEMNIFICATION OF COMPANY
The Customer shall indemnify and save the Company, its affiliates, and their officers and employees from harm and against all claims, loss damages, liability or expenses the Company, its affiliates, and their officers and employees may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with the Customer's use of the Service provided herein. Indemnification includes, but is not limited to, claims by third parties, the installation, maintenance, and removal of any and all equipment, the violation by the Customer of the agreement in force from time to time, and legal fees, disbursements and all other reasonable costs in connection with the enforcement of the terms of this agreement on a solicitor and own client bases.
ASSIGNMENT
This Agreement is not assignable or transferable by the Customer. The Company reserves the right to assign this Agreement without any requirement for Customer's permission or approval.
RECOURSE
If the Customer is dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines, or practices of the Company in operating the Service, the Customer's sole and exclusive remedy is to terminate this agreement in accordance with the terms of this agreement and discontinue using the Service.
ACCOUNT CANCELLATIONS
If the Customer is dissatisfied with the Company's service, or with any terms, conditions, rules, policies, guidelines, or practices of the Company in operating the service, the Customer's sole and exclusive remedy is to terminate his/her service agreement with the Company in accordance with the Company's cancellation policy and discontinue using the service. The Customer must give the Company not less than thirty days notice prior to the next billing date to advise the Company of his/her decision to terminate the service agreement.
SERVICE INTERRUPTION
The Company may suspend Service at any time for any duration of time, without penalty or liability to itself, where necessary to prevent improper or unlawful use of its services, facilities, connections or the Company's network. The Customer agrees that it may be necessary for the Company to temporarily suspend its services for technical reasons or to maintain its network, equipment or facilities. The Company shall not bear any liability whatsoever for any such suspensions of service, the termination of its services pursuant to these Terms and Conditions, Customer non-payment of amounts or deposits due, unlawful or improper use of facilities or services by the Customer, the Customer's inability to access any services, or for any other reason at the Company's sole discretion.
FORCE MAJEURE
The Company and its suppliers shall not be liable for any delays for failure in performance or interruption of service resulting directly or indirectly from any cause or circumstance beyond their reasonable control. Such circumstances include but are not limited to Acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar event.
UNENFORCEABLE PROVISIONS
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
GOVERNING LAW
The rights and obligations of the parties pursuant to these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Province or State in which the Customer's designated billing address is situated, and the federal laws of Canada applicable in said Province. The Service originates in Canada. The Customer further understands that the Company, its affiliates and suppliers do not operate or control the Internet in any way. All merchandise information and services offerings, made available or accessible on the Internet, are offered, and made available or accessible by third parties that are not affiliated with the Company or its affiliates.
GENERAL PROVISIONS
The laws of the Province of British Columbia shall govern this agreement. Any changes to the law affecting this agreement may be modified solely by the Company and published on the Company's web site, or sent by fax or by email to the Customer. No waiver of any of the provisions of this agreement shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby. The Customer shall be responsible for all of the costs and expenses including, but not limited to, reasonable legal fees and disbursements incurred by the Company in connection with any legal or other proceedings brought by the Company against the Customer related to this agreement.
CUSTOMER ACCEPTANCE OF TERMS AND CONDITIONS
The Customer automatically accepts all of the terms and conditions of this agreement as stated herein by utilizing any of the Services provided The Company. The Customer further agrees to abide by all of the rules, which may be changed by the Company from time to time by notice published on the Company's web site, sent by email, or by fax to the Customer.
ENTIRE AGREEMENT
These Terms and Conditions represent the complete agreement and understanding between the Customer and the Company with respect to the Service and supersede any other written or oral agreement.
