Terms of Services Agreement
Welcome to SmallBiz Web Design. By using our site, you agree that you are bound by the following Terms of Services Agreement (the “Agreement”), whether or not you are a client of SmallBiz Web Design. Please review the following Agreement carefully, if you do not agree with each provision of the Agreement, or you are not authorized to enter the Agreement, or you do not have the legal capacity to enter into the Agreement, you should not use this site. The term “SmallBiz”, “the Site”, “the Service” “we”, “us” or “our” refers to SmallBiz Web Design, the registered domain name of the web site. The term “you” “the Customer” refers to the user of our web site, including the client, visitor or viewer of our web site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Services Agreement with respect to our site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, products or services provided by or through the Site, and the subject matter of this Agreement. The Terms of Services are subject to change by SmallBiz Web Design at any time, effective upon posting on the SmallBiz Web Design, and your use of any portion of the Site after such posting will constitute acceptance by you of such changes.
2. Conditions of Eligibility
You agree that in order to use the Site as the visitor, viewer or client, you must be at least eighteen (18) years of age or older. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
You acknowledge that there are personal and financial risks involved in using internet to interact with strangers. You are solely responsible for any risks involved in using the Site. Therefore, you hereby agree to waive all claims against SmallBiz Web Design, for any and all damages, direct, indirect, incidental, consequential, general, special, compensatory, foreseeable or unforeseeable arising from subscription, registration or use of the Site.
3. Your Rights to Use the Services and Restrictions
3.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and SmallBiz Web Design reserves all rights of ownership in the Services not granted to you in writing here. As long as you meet any applicable payment obligations and comply with this Agreement, SmallBiz Web Design grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by SmallBiz Web Design on the website for the Services.
3.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by SmallBiz Web Design in writing, you agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other SmallBiz Web Design systems that are not part of these Services.
- Excessively overload the SmallBiz Web Design systems used to provide the Services.
If you violate any of these terms, this Agreement and your right to use the Services may be terminated by SmallBiz Web Design in its sole discretion.
4. Fees and Payments
Fees for using the Service (“Fees”) are payable in the amounts and in the manner described on the Site. Fees are subject to change without notice.
- All Fees are not transferable.
- All Fees are not refundable.
- Payment for the website hosting plan is required in one yearly (minimum 12 month) payment, on commencement of project and due before project starts.
- The website hosting plan will be auto-renewed every 12 months via PayPal on the due date
- The onetime setup fee for each project is due once the website has been launched, before we provide you the access to the website content management system.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
All currency references are in Canadian dollars. You shall be responsible for payment of all taxes, levies, or duties imposed by taxing authorities for any payment or fees you may collect through the System.
5. Links to other Web Sites
The Site might contain links to other web sites. We are not responsible for the content or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web sites on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
6. Advertisers and Sponsors
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
7. Content on the Site
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information (Content) available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by SmallBiz Web Design, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SmallBiz Web Design does not: (a) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will SmallBiz Web Design or its partners be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any users or Members.
You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we or our service providers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to us or our service providers.
8. Content Posted by You on the Site
Users may post comments or photos and submit suggestions, ideas, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
The Customer may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. SmallBiz Web Design reserves the right, but not the obligation, to remove or edit such content. You represent and warrant that you are the owner or validly authorized licensee of all Content provided by you through the Site, and you hereby grant to us and our service providers a worldwide, non-exclusive license to copy, store, transmit, digitally display and otherwise distribute such Content as part of the Service.
SmallBiz Web Design has the right but not the obligation to monitor and edit or remove any content in the Site. SmallBiz Web Design does not regularly review posted content and takes no responsibility and assumes no liability for any content posted by you or any third party. Any reliance you place on such information is therefore strictly at your own risk.
9. Web Design Copyright
The hosting plan covers 12 months website hosting.
If you do not wish to renew the hosting plan after 12 months, you will have to give us a 2-week notice and you may take your domain name and the content originally provided by you. However, you will not be able to take the website design since your website is build on proprietary software. You will have to ask another company to redesign a new website for you.
You acknowledge and agree that we will put a phrase “Website Design by SmallBiz Web Design” at the footer of the website we design for you. There will be two links to our website www.smallbizwebdesign.ca.
10. Maintenance Periods
You acknowledge and agree to the weekly scheduled periods of maintenance, which we may perform at least every week. You understand and agree that during a scheduled maintenance period, any or all Services provided by us may be unavailable. You further understand and agree that we have the right to conduct emergency maintenance at any time, during which any or all of our Services may be unavailable.
11. Management & Backup of Data
Except where we has expressly agreed in writing to the contrary, you are solely and entirely responsible, and we are in no way responsible, for the management and backup of all of the Customer’s data, and all updates, upgrades, and patches to any software that the Customer uses in connection with Services offered by us.
12. Copyright and Service Marks
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except allowed by us, is strictly prohibited.
“SmallBiz Web Design” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
13. Content, images, logos, trade marks and other proprietary on your website
You are soly responsible for legality of the content, images, logos, trade marks and other proprietary on your website. We are only responsible for inserting the content, images, logos, trade marks and other proprietary provided by you into your website. You are soly responsible for making sure the content, images, logos, trade marks and other information on your website is NOT illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights.
14. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, educational, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, educational, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
15. Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, including but not limited to registered members’ or users’ contact information, therein are subject to the following restrictions and prohibitions on use: You may not (a) use the Site for the purpose of gathering information for or transmitting (1) non-educational purpose (2) unsolicited commercial email; (3) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (4) unsolicited telephone calls or facsimile transmissions; (b) use the Site in a manner that violates any state, provincial or federal law regulating email, facsimile transmissions or telephone solicitations.
You agree not to use the Site to do any of the following: (a) violate any local, state, provincial, national or international law; (b) stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications; (c) collect, harvest or store personal data about other users including email addresses or contact members for any purpose other than responding to the content posted by such members; (d)impersonate any person or entity; (e)express or imply that any statements you make are endorsed by SmallBiz Web Design without our specific prior written consent; (f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site. (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (i) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
Your right to use the Site or registered membership is not transferable, re-sellable or assignable. Any password or right given to you to obtain information or documents is not transferable, re-sellable or assignable.
17. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify and hold SmallBiz Web Design, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
You expressly understand and agree that your use of the Site is at your sole risk. The information, content and service from or through the site are provided “as-is,” “as available,” with “all faults,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
Without prejudice to the generality of the above, we and our service providers do not warrant that (a) the information on the Site will be true, accurate, complete, current and adequacy, (b) the information provided by the user or registered member is valid, reliable and legitimate, (c) the tutoring services you receive from the user or registered member of the Site will meet your expectations or specific requirements, (e) the Site will be uninterrupted, timely, secure, or error-free, (f) the results that may be obtained from the use of the Site will be accurate or reliable.
SmallBiz Web Design will not be involved in any user or member interactions in any events. SmallBiz Web Design is not responsible for any direct, indirect, incidental, consequential, general, special, compensatory, foreseeable or unforeseeable disputes, claims, loss, injury or damage that might arise from subscription, registration, use of this Site, user interaction or registered member interaction.
No advice or information, whether oral or written, obtained through or from the Site shall create any warranty, representation or guarantee not expressly stated in the Agreement.
We will make commercially reasonable efforts to maintain the Site, however, we and our service providers are not responsible for any damage, loss of data, member information or data, revenue, or other harm to business arising out of delays, non-availability, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Site, or the interaction with the user or registered members.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
20. Limitation on Liability
In no event will SmallBiz Web Design be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if SmallBiz Web Design has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, SmallBiz Web Design’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SmallBiz Web Design for the Service during the term of membership.
22. Legal Compliance
Recognizing the global nature of the Internet, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, online conduct and acceptable content.
The Agreement and the relationship between you and SmallBiz Web Design shall be governed by the laws of the Province of British Columbia, Canada as applied to agreements made, entered into and performed entirely in the Province of British Columbia, notwithstanding your actual place of residence. All disputes arising out of the Agreement or out of your use of the Site shall be brought in provincial courts having jurisdiction over the Province of British Columbia and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
24. Effective Date
This Agreement was last updated on Oct 12, 2010.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT CAREFULLY AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.