IMPORTANT NOTICE: *All Payments To Websavers Inc. Are Non-Refundable After The 30 Day Money Back Guarantee Period Has Ended (7 For Radio Streaming Services). Additional and more specific provisions described on the linked 30 Day Money Back Guarantee page will take precendence over this section.*
Websavers Inc., (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Websavers Inc. Service constitutes acceptance and agreement to Websavers Inc.’s AUP (included within the TOS) as well as Websavers Inc.’s TOS (Terms of Service). These terms of service apply to Websavers Inc. as a company, whether a sole proprietorship, partnership, or corporation.
All provisions of this contract are subject to the TOS (Terms of Service) of Websavers Inc., and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the province of Nova Scotia, applicable to contracts enforceable in that province. Checking the box on the referring page that clearly states it is to agree to this document’s terms holds the same legal precedence as a signature.
1. Data Disclosure
Uses of the phrase ‘subscriber information’ found within this document shall refer to all information and data owned by the subscriber, including but not be limited to: remote IP addresses, assigned IP addresses, client profile information, account history, account use, support ticket history, and data stored within their hosting account(s).
Law Enforcement & Illegal Activity
The Company prohibits the use of all services for illegal activities and the representation or glorification of illegal activities. Subscriber agrees that the Company may disclose any and all subscriber information to any law enforcement agency who makes an official written request without further consent or notification to the Subscriber. In addition Websavers Inc. shall have the right to suspend or terminate all service set forth in this Agreement.
Staff & Contractors
It is understood that in order to provide The Subscriber with quality service and support, access to subscriber information will be provided to The Company’s staff members including any contractors or contracting agencies that have been retained to supply support and/or billing/accounting services. Staff and Contractors of The Company are bound by Non-Disclosure Agreements (NDAs) to ensure the safety and security of all subscriber information.
2. Service Rates, Payment & Fees
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. The rates of service are subject to change.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the service. Subscriber agrees that if the method of payment is via credit card, The Company may automatically charge The Subscriber’s credit card for renewal without notice. The Company reserves the right to process The Subscriber’s credit card up to 14 days before the actual due date to ensure that the funds are received by the due date.
Credit cards that are declined or cheques that bounce for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach a minimum of 4 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectible by The Company 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 of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Invoices are sent by email only — never by postal service — anywhere from 5 (five) to 60 (sixty) days before the renewal of services to the email address provided by The Subscriber upon acceptance of this Terms of Service agreement. It is not the responsibility of The Company to ensure successful delivery of emailed invoices. As a result of this, The Subscriber must ensure all contact information, particularly their email address, is kept up to date at all times. Email address (and other contact information) updates may be completed within our 24/7 self-service Client Centre found on our website at clients.websavers.ca. Additionally, The Subscriber acknowledges that it is their responsibility to ensure email being delivered to The Subscriber’s address is accurately delivered to the Inbox and not filtered as SPAM or to an alternate folder.
Refunds and Disputes
All payments to Websavers Inc., are nonrefundable. This includes the one time setup fee if applicable and subsequent charges regardless of usage. All credits to accounts provided by Websavers Inc. have no cash value and cannot be issued as a refund. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Websavers Inc.’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Websavers Inc. an “Administrative Fee” of not less than $50 and not more than $150.
Failure to Pay
The Company may deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
3. Account Cancellation
All requests for canceling accounts must be made via our Client Centre by following our cancelation guide within 30 days of the order date (for new customers) or renewal date (for existing customers) to receive a refund. If it is beyond 30 days, you may still cancel your services, however you will not receive a refund. You must be able to provide us with all account information to successfully cancel your service(s). Cancellation of domain name registration must be done prior to the renewal date. If we do not receive notification of domain name registration cancellation, then you will be billed or have your credit card charged for another year of domain name registration.
4. Service Level Agreement
Subscriber acknowledges that Websavers Inc. offers a 99.9% SLA Uptime. The service provided is of such a nature that service can be interrupted for many reasons. Any reasons as a result of incorrectly managing a client’s account or server, that are under the control of Websavers Inc. are covered by this agreement. A monetary compensation may be provided if requested by the customer. This compensation can never exceed the amount paid by the customer for the hosting term in consideration (usually one year) and is to be decided by The Company. Subscriber agrees that the company shall not be liable for any damages, injury and/or loss of data. Data includes any files hosted on a server provided by The Company.
5. Support Boundaries
Websavers Inc., provides 24 x 7 technical support via Support Ticket to our subscribers, excluding select holidays and short company meetings. Except in specifically described packages (e.g.: Platinum level subscribers), Websavers Inc. does not offer technical support for application or programming specific issues (e.g.: html, php programming, or WordPress) unless an agreement is made prior to payment. Websavers Inc. does not provide technical support for the Subscriber’s customers with the sole exception wherein the Subscriber’s customer is also a direct customer of Websavers Inc. We encourage all customers to request help at their leisure via our Client Centre.
Telephone technical support is not provided by default for any of our services. Support via telephone is provided only to Subscribers of plans that specifically indicate that telephone support is included (e.g: Platinum subscribers).
6. Security Breaches
Compliance with Notification Laws. The Company shall comply with all applicable Laws regarding the notification of individuals in the event of an unauthorized release of personally identifiable information and notification other unauthorized data and information disclosures.
Procedure After Unauthorized Disclosure. Within 72 hours of discovering, confirming, and patching any breach of The Company’s security obligations or of any other event requiring notification under applicable Law, The Company shall notify The Subscriber by e-mail. In addition, The Company shall notify by e-mail or telephone any other individuals that the Law require to be notified about the breach or related events.
Indemnification Related to Unauthorized Disclosure. The Subscriber waives all rights to litigation related to security breaches. The Subscriber shall not bring a lawsuit against The Company as a result of a security breach nor any damages incurred from such a security breach. The Subscriber shall not bring a lawsuit against The Company for compensation from any losses arising out of claims related to any unauthorized disclosure of data.
Hosting Services Acceptable Use Policy (AUP) [7 – 10]
7. Limitations and Terminations
The Subscriber acknowledges that The Company has the right to set bandwidth or storage limits on any account it feels necessary. Websavers Inc. may suspend or terminate any account due to excessive CPU or other resource activity, storage or bandwidth use, particularly in the event the excessive resource is harmful to other accounts or system services.
Mining bitcoin or any cryptocurrency on our servers is strictly prohibited due to its excessive CPU usage. Upon detection the service plan responsible will be immediately terminated and all funds paid for and relating to that service will be forfeited.
8. SPAM and Unsolicited Commercial Email (UCE)
Websavers Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Websavers Inc. may not use or permit others to use our network to transact in UCE. Customers of Websavers Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
a. Violation of Websavers Inc.’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Websavers Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Websavers Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Websavers Inc. may, at its sole discretion, restrict, suspend or terminate The Subscriber’s account. Further, Websavers Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Websavers Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that Websavers Inc.. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the Websavers Inc. network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
9. Network Systems
IP Address Ownership & Usage
If Websavers Inc. assigns The Subscriber an Internet Protocol address for The Subscriber’s use, the right to use that Internet Protocol address shall belong only to Websavers Inc., and The Subscriber shall have no right to use that Internet Protocol address except as permitted by Websavers Inc. in its sole discretion in connection with the Services, during the term of this Agreement. Websavers Inc. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to The Subscriber by Websavers Inc., and Websavers Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible.
We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client.
Websavers Inc. will monitor The Subscriber’s bandwidth. Websavers Inc. shall have the right to take corrective action if The Subscriber’s usage negatively impacts other clients.
Network Security & Violations
The Subscriber is prohibited from violating or attempting to violate the security of the Websavers Inc. Network. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation
Websavers Inc. is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which Websavers Inc. determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Websavers Inc.’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Second Violation: Users that Websavers Inc. determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation
Websavers Inc. reserves the right to suspend network access to any Subscriber if in the judgment of the Websavers Inc. network administrators The Subscriber’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Websavers Inc. chooses. If inappropriate activity is detected, all accounts of The Subscriber in question will be deactivated until an investigation is complete. Prior notification to The Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time The Subscriber’s machines were suspended.
Subscribers with colocation servers must make arrangements for the server to be picked up and removed (or shipped at the Subscriber’s expense) from Websavers Inc. hosting facilities. If arrangements are not made within 30 days of termination, the server will be considered abandoned and forfeited into the ownership of Websavers Inc.
10. Responsibility for Content
You, as a Websavers Inc. customer, are solely responsible for the content stored on and served by your Websavers Inc. server. Although some plans may include backup services, due to the nature of storage systems, these services are not 100% guaranteed data recovery methods. It is The Subscriber’s responsibility alone to ensure The Subscriber’s content is backed up on an ongoing basis.
The storage space provided by Websavers Inc. is solely for live or development website content and email storage (as defined by the host plan’s quotas) and shall not be used for storing backups of any kind. Any backups found within The Subscriber’s hosting plan storage space may be removed at any time at the discretion of Websavers Inc. Backup utilities that automatically generate backups that are stored locally may be reconfigured or removed at the discretion of Websavers Inc.
The Subscriber understands that Websavers Inc offers multiple backup utilities that connect to 3rd party cloud services for storage that The Subscriber is encouraged to configure and use.
Online Marketing [11 – 13]
Please be aware that the following provisions 10, 11, and 12 apply only to our search engine optimization services. They do not apply to our hosting services.
11. Search Engine Optimizations (SEO)
Search Ranking Gains
Although both our on-site and off-site SEO services are the best combination of services to result in positive gains in search rankings (e.g.: a jump in position from 10th to 5th on Google rankings), it’s impossible for Websavers Inc. (nor any competitors) to guarantee positive gains in any search rankings. Websavers Inc. does not guarantee gains in search engine rankings over any timeframe.
When your off-site SEO service is terminated, the links that Websavers Inc. had been maintaining will be removed either immediately or over time, depending on the number of links. The timeframe under which the links will be removed is solely at the discretion of Websavers Inc.
12. Backlinks & Article Content
Off-site SEO services provided by Websavers Inc. are managed differently as compared to most of our competitors’ SEO services. Any and all article content and backlinks which exist on sites external to the Subscriber’s website and which are maintained by Websavers (in the interest of clarity, this does not refer to the Subscriber’s website) are wholly owned by Websavers Inc. and are not the property of the Subscriber. The Subscriber’s recurring fees are not payments to claim ownership of those backlinks or content, but rather to cover maintenance fees including, but not limited to:
- Maintaining the sites on which the articles and the backlinks within are posted to
- The writing of relevant articles, and
- The hosting and domain registration and renewal fees
At no point shall the ownership of those sites, content or backlinks belong to The Subscriber. The backlinks will be maintained for a period of time no greater than that period which the Subscriber has paid for as evidenced by invoices (for example, 1 month, 1 quarter, or 1 year).
The Subscriber agrees that the total number of backlinks Websavers Inc. maintains for them may vary from time to time. This is necessary in order to compensate for regular changes in search engine algorithms. The sites that maintain the Subscriber’s backlinks may need to be taken offline and replaced with new sites which take time to replace with fresh content. This timeframe is typically a minimum of 2 weeks and maximum of 2 months per site.
13. Mixing of Backlinking Services
When subscribed to a Websavers Inc. backlinks service (note that this does not apply to hosting services), the use of backlinks from any non-Websavers SEO service provider is strictly prohibited. Exception to this may only be provided by Websavers Inc staff, therefore if you wish to use external SEO services, you must notify us of your intention so we may vet the third party service to ensure their systems are compatible with ours.
If unapproved backlinks from third party services are used at any point during The Subscriber’s service period, The Subscriber acknowledges that any and all reporting and other proactive SEO-related services associated with their plan will be forfeit without refund.
Depending on the specific circumstances, it may also be necessary for Websavers to immediately remove all backlinks to the Subscriber’s website in the interest of protecting the property of Websavers Inc. In such a scenario, the backlinks will be forfeit without refund and the service will be considered canceled and thusly will not renew.
These policies are necessary to ensure Websavers Inc. can provide an environment that allows The Subscriber’s website rankings to improve and be measured accurately. Additionally they help to maintain the security and integrity of Websavers’ SEO systems.
Websavers Inc. wishes to emphasize that in agreeing to the Websavers Inc. Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies The Company for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Websavers Inc. or the bringing of any claim against The Company by any third-party. This means that if Websavers Inc. is sued because of the activity of a Subscriber or the activity of any of The Subscriber’s clients, The Subscriber will pay any damages awarded against Websavers Inc., plus all costs and attorney’s fees.
The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, The Subscriber agrees that The Company shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.
Customer acknowledges that colocation servers can be damaged from shipping and handling of the colocation servers. Customer shall not hold Websavers.ca liable for damage to any colocation server for any reason. The customer is responsible for insuring the monetary value the of the colocation server for the value of the server. In no event shall the company be liable for any special or consequential damages, loss or injury.
16. Miscellaneous Provisions
The Subscriber must provide us with, and keep current, good contact information for you. All communications are to be expected by e-mail. Alternate methods of communication, such as telephone and postal, will be used only in exceptional circumstances. Therefore it is imperative that The Subscriber ensure all contact information, but most specifically email contact information, remains updated at all times.
a. A waiver by The Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of The Company. The Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. Websavers Inc. takes no responsibility for any material input by others and not posted to the Websavers Inc. Network by Websavers Inc.. Websavers Inc. is not responsible for the content of any other websites linked to the Websavers Inc. Network; links are provided as Internet navigation tools only. Websavers Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
d. Websavers Inc. is not responsible for any damages your business may suffer. Websavers Inc. does not make implied or written warranties for any of our services. Websavers Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from email delays, non-deliveries, wrong delivery, and any and all service interruptions.