Website Maintenance Agreement

TOS applies to all WCS Solutions (and Affiliated Sites) Website Maintenance clients.

TOS applies automatically to all WCS Solutions (and affiliated sites including by not limited to EasyWebWP.com) Website Maintenance clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO WCS Solutions WEBSITE Maintenance 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.

General

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.

Registration Data and Privacy

In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

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.

Description of Services

We make various services available on this site including, but not limited to, WordPress maintenance & support, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

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.

Payments

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.

Late payment

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.

Changes

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.

Refund policy

We maintain a policy of no refunds. Due to the month-to-month, cancel anytime nature of this agreement we shall not be compelled to issue a refund, pro-rated or otherwise for any reason. We do reserve the right to issue a refund on a case-by-case basis at our sole discretion.

Credit Authorization

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.

Limited Warranty and Limitation on Damages.

Customer shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages, and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted, or imposed against Company directly or indirectly arising from or in connection with Customer’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this agreement by Customer. Customer warrants that everything it gives Company to incorporate into the Software Project is legally owned or licensed to Customer. Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the Services Company renders to Customer, or any Web Site, Software or Project Company works with or creates, including, but without limitation, any and all demands, liabilities, losses, costs, and claims, including attorney’s fees, arising out of injury caused by Customer’s products/services, material supplied by Customer, copyright infringement, and defective products sold via the Software Project.

Company makes no warranties or representations of any kind, whether expressed or implied, for the suitability or the outcome from the use of the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions. Use of any information or results obtained is at Customer’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any connection speed or application execution speed for end users is not guaranteed. Company specifically denies any responsibilities for any damages arising as a consequence of any unavailability.

Independent Contractor.

Company is retained as an independent contractor. Company will be fully responsible for payment of Company’s own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax, social security tax, or any other payroll taxes on Company’s behalf. Company understands that its personnel will not be entitled to any fringe benefits that Customer provides for Customer’s employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.

Independent Contractor Behavior.

Company agrees to adhere to all of Customer’s policies and procedures concerning code and conduct while on Customer’s premises. Customer agrees to make available to Company prior to the commencement of this Agreement all manuals, codes, rules, and regulations that Customer requires Customer’s staff or employees to read and/or sign.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

Support Requests

Support must be requested through our Support Desk so that it can be categorized and responded to in a timely manner. You will be notified via email with information about our Support Desk upon registration. Support requests are subject to approval.

Acceptable support requests would include the following:

* Theme/plugin troubleshooting
* Site optimization inquiries (load time, caching, etc)
* Plugin/code conflicts
* Theme/plugin installation

Unacceptable support requests would include:

* Custom theme/plugin development
* Site design
* SEO setup/troubleshooting

If you have questions regarding the nature of your support request please contact us at support@wcs4web.com for clarification.

Entire agreement.

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

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.

Contact Information

Except as explicitly noted on this site, the services available through this site are offered by WCS Solutions located at 5 Lightheart Drive, Caledon, ON L7C1E5.