Website Hosting Terms of Service (TOS)
TOS applies to all WCS Solutions Website Hosting clients.
TOS applies automatically to all WCS Solutions Website Hosting clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO WCS Solutions SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site or the ” service order ” document.
WCS Solutions, agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service (TOS). Use of WCS Solutions services constitutes acceptance and agreement to these Terms Of Service and all attachments. WCS Solutions will make all reasonable efforts to provide a quality service to the Customer.
WCS Solutions will use the customer’s personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes WCS Solutions to use it’s name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.
WCS Solutions will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the “Bandwidth Services”), as specified in the Service Order.
The Customer agrees to use bandwidth as described in the Acceptable Usage Policy.
Any IP Addresses allocated to the Customer by WCS Solutions must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by WCS Solutions to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by WCS Solutions after five days notice to the Customer. WCS Solutions shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by WCS Solutions, and WCS Solutions reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Customer can obtain up to 8 ip addresses for free. All ip requests must be fully justified.
Upon request by the Customer, WCS Solutions may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of $125 CA for those other services.
Installation, removal, replacement, maintenance and access to equipment
iWeb Technologies Inc. is the owner of the equipment used by the customer and grants a license to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited.
If, in the determination of WCS Solutions, acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of WCS Solutions or any other user of the Premises, or poses an immediate threat to the safety of any person, then WCS Solutions may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer’s (or its customers’) businesses. As soon as practical after performing such work, WCS Solutions will advise, by email, the Customer of the work performed or the action taken.
The Customer will, upon email request from WCS Solutions’s, relocate the Equipment, server or web site to other space offered by WCS Solutions within 30 days of such request.
Under no circumstances will WCS Solutions be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.
If the Customer is in default
If the Customer is in default of any of its obligations under this Agreement, then WCS Solutions may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to WCS Solutions, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, WCS Solutions may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to WCS Solutions as well as any costs (including reasonable legal fees) incurred by WCS Solutions in exercising any remedy under this Agreement.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by mail.First Month’s Payment shown in the Service Order must be paid by the Customer to WCS Solutions before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of WCS Solutions’s invoices, which invoices will be issued 15 days before the end of the last paid period.
The Customer will pay WCS Solutions the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by WCS Solutions under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer’s chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month’s Payment shown in the Service Order, which must be paid by the Customer to WCS Solutions before commencement of the Term, all amounts will be payable in American or Canadian dollars within 15 days from the date of WCS Solutions’s invoices, which invoices will be issued 15 days before the end of the last paid period. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to a penalty fees of $20 CA.
Automatic debits by credit card
In the case of payments by credit card, WCS Solutions will use the informations in its possession to make a payment at the invoice date. The customer will not receive any previous notification but will receive a notice after every debit on the credit card. If ever the customer wants to disable the automatic debit, he only needs to contact the customer service via its customer hub and opening a support ticket. If the customer wants then to re-enable the automatic debit, he only needs to send a support ticket within the customer Hub. By submitting an initial payment or re-activating the automatic debit option, the customer confirms that he has read and accepts the conditions related to the automatic debit. In addition, the customer allows WCS Solutions to withdraw the amount of the unpaid balance from the credit card. The client also authorizes the financial institution issuing the credit card to charge his account for the amounts related to the WCS Solutions services. This authorization will be valid until an authorized person on the account ask to suspend the automatic debit.
The Customer will pay by pre-authorized payment to a Customer credit card, or by cheque of immediately available funds remitted to WCS Solutions Payment by check will only be accepted for 6 or 12 months prepayments.
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts that are not collectible by WCS Solutions may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Upon 30 days or greater written notice prior to the end of the initial commitment, WCS Solutions may change any fees payable under this Agreement.
Term and termination
The term of this Agreement shall begin upon the date the service is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Cancellation requests must be made using the “Customer Hub” control panel or in writing with the customer’s signature with at least 48 hours notice and sent to : WCS Solutions, 5 Lightheart Drive, Caledon (Ontario) L7C 1E5, CANADA. You can also send the cancellation request by fax at 1-905-840-7746.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account’s anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at WCS Solutions.
The billing errors can be credited retroactively for a period of up to two (2) months.
Upon account activation, WCS Solutions reserves space, equipment and resources for the customer’s needs. The Customer must pay its account even if he is not making any use of it.
The Customer hereby authorizes WCS Solutions and gives consent to WCS Solutions under applicable privacy laws for WCS Solutions to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer’s credit worthiness, and the Customer will promptly execute and deliver to WCS Solutions such further documents and assurances and take such further actions as WCS Solutions may from time to time reasonably request in order to carry out the intent and purpose of this Section.
Limitation of Liability
THE CUSTOMER ACKNOWLEDGES THAT WCS Solutions PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. WCS Solutions WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF WCS Solutions’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO WCS Solutions. UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL WCS Solutions BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
WCS Solutions will make all possible efforts to provide a backup mechanism and keep complete backup copies of all shared hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. WCS Solutions should not be held responsible of any loss of data or data corruption.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers.
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WCS Solutions MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement,any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.
Severability and Reformation.
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the province of Ontario and the laws of Canada applicable therein. The Parties irrevocably submit all disputes arising out of this Agreement to Ontario courts, judicial district of Toronto
Complaints or TOS & AUP violations must be reported to firstname.lastname@example.org, by fax (1-905-840-7726) or by mail at : WCS Solutions, 5 Lightheart Dr, Caledon (Ontario) L7E 1E5, CANADA.
Changes and rights
WCS Solutions may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that WCS Solutions may impose from time to time, provided that the Customer has been given 30 days notice.