HOSTING TERMS & CONDITIONS
This Hosting Agreement is entered into by and between:
(1) Web Hive, BN:828936450, 62 Snelgrove Crescent, Barrie, ON L4N 6R6, Canada (“the Host”) and
(2) “The Client”
(1) The Host is a registered business offering hosting services to clients using all appropriate hardware providers connected to the world wide web via the internet.
(2) The Client wishes to use the host’s service to host the client’s website and by accepting a Proposal or making use of the Services or making a payment of invoice to use the services supplied, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions to the exclusion of all others.
The terms “we”, “us” or “our” shall refer to Web Hive. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement (The Client). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The Host reserves the right to change the terms of this Agreement and all other terms and conditions and policies which may affect Clients in order to comply with changes in the law. The Client will be informed of any such changes and shall be deemed to be bound by them 1 calendar month after receiving the notice. If the Client does not agree to be bound by the changes they may terminate this Agreement in accordance with the Term and Termination clause of this Agreement.
2. AVAILABILITY OF SERVICE
Where the Client and/or the Client’s users are unable to access/use the Client’s Website, the Client shall first ascertain whether the inability of access/use is caused by a failure on the part of the Client’s and/or its users’ internet service provider and/or equipment. After performing these checks the Client shall contact the Host using the following details: Email: email@example.com or telephone: 705 309 2125.
We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
3. FEES AND PAYMENT
All fees payable by the Client to the Host shall be paid in full, without deduction.
Payments must be made by: PayPal, Credit Card (Visa or MasterCard), or E-Transfer
The Host reserves the right to suspend the Service or cancel the Client’s Order if fees are not paid on or before the due date.
Interest shall be payable on overdue amounts at the rate of 3% monthly. Failure to pay any overdue invoices including associated late fees may result in loss of hosting and email services.
4. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
The Client may not use the Service or any other Hosting Hardware and Hosting Software for any unlawful or otherwise inappropriate purposes. This includes, but is not limited to:
Distribution of viruses, spyware, malware, or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent;
Distribution of pirated material including, but not limited to software, movies, music and written works; and Distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities.
Distribution of large volumes of unsolicited email (spam) to recipients. All complaints made to the Host of such activity will be investigated, and may result in immediate suspension or cancellation of service at the Host’s sole discretion.
The Client may not use their website to link to any other sites or systems hosting any material described above.
Use of the Client’s Website in any manner which is a violation or infringement of the rights of any individual, firm or company within Canada and elsewhere.
The Client will monitor and supervise any and all third party activity on their website (including communications systems such as forums). Any third party activity that may fall within the criteria above must be stopped or removed, as appropriate.
The Client is responsible and accountable for all activity relating to their website and the Service that is carried out by third parties on their behalf.
The Client will use its best and reasonable endeavours to supply all information required to facilitate the provision of the Service to the Host in a timely fashion.
The Host shall not be liable to the Client or to third parties for:
Any losses resulting from interruptions or downtime to the Service;
Any inability, on the part of the Client, to use the Service;
Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet.
6. LIMITATIONS; ACCOUNT TERMINATION
Migration of Servers. You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
Backups. The client is responsible for their own backups unless otherwise paying for a backup service through Web Hive.
Maintenance. The client is expected to maintain their own WordPress, Drupal or other CMS systems unless otherwise paying for a maintenance package.
The initial period of Service provision will commence on the date that the Client’s Website goes live or the Client’s Order is processed. This term shall last for a period of 12 months, subject to the termination provisions below.
Subsequent periods of Service Provision shall last for a period of 12 months each and will follow on from a previous period, without interruption, subject to the fulfilment of the Client’s obligations under the Fees and Payment Clause of this Agreement. All subsequent periods are subject to the termination provisions below.
Termination of Services. You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.
Either party may terminate this Contract immediately in the event that:
Either party commits a serious, grave or material breach or persistent breaches of this Contract including non performance, default or neglect of its duties, responsibilities and obligations under this Contract, and Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy; or Such breach is not capable of remedy.
The Host reserves the right to terminate this Agreement at any point with one months notice at the host’s discretion, or The Host reserves the right to terminate this Agreement or to suspend the Service in the following circumstances:
If the Client fails to pay fees due under the Fees and Payment Clause of this Agreement; or
If the Client is in breach of the terms of this Agreement; or
If the Client has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administration order.
The Client may request the termination of the Service and this Agreement by written notice, 1 month in advance. The following shall apply to such situations:
Any issuing of refunds is at the sole discretion of the Host. If the Client wishes to terminate during the course of a 12 month period of Service provision the Service will end 1 month after the Host receives the Client’s notice.
On termination of the Service and this Agreement the Client’s Website and all related material will be removed from the Hosting Hardware. If the Client sends a termination notice in error or changes their mind, the Host must be informed within 2 months of the notice that the Client wishes their Account to be restored. Any notification outside of this period will require a new Account to be set up, with the Client being required to pay for a full 12 month period. The Client will be required to pay a re-activation fee of $100.00 plus HST.
Upon termination of this Contract the following shall become immediately due:
Any and all outstanding invoices; and
Any costs accrued up to termination date not already subject to invoice; and
Any costs incurred by the Host upon termination of the contract.
This Agreement will automatically renew for successive twelve (12) month (or 1 month Terms depending on the client’s chosen plan), 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 to which the client will be notified of 30 days prior to their effective date. Client will automatically be invoiced for all renewals.
8. SERVICE ALTERATIONS
The Host may, in its sole discretion, alter, improve or otherwise modify the Service provided that any such change will not significantly alter the provision of the Service to the Client or result in the removal of any features or services that changes and will receive full documentation of any action required on their part.
No alterations to the Service shall affect the Fees payable by the Client during their contractual period.
The Host may take any action necessary to address or repair faults in Hosting Hardware or Host Software without any prior notice to the Client. If such faults or remedial action results in an interruption to the provision of the Service the Client will be notified at the Host’s earliest convenience via email.
Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing. It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses. This Agreement sets out the entire contract and understanding of the parties and is in substitution of any previous written or oral Agreements between the parties.