Please read this agreement in its entirety. If you DISAGREE with these Terms & Conditions, please exit this website now.
All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you. This User Agreement (the 'Agreement') governs the terms of the use by Client of services offered by MSPStream ('Provider').
Client agrees to receive access services provided by the Provider according to the following terms and conditions: Services Client agrees to the services ("Rhemasite") offered by Provider, and agrees to receive services according to each Website Suite options and other available options.
The initial term of this agreement is one year after which this Agreement may be terminated by Client or Provider at any time without prior notice and without cause. If the Client is in default under this Agreement (including nonpayment), the defaulting party may be terminated without prior notice.
Payment for Services
Client will pay for services provided under this Agreement by credit card or cheque provided to Provider. When initiating service, Client will be charged the initial design fee and the monthly fee which can be paid monthly or annually based on Client's preference. The Client may terminate this Agreement at any time after the initial term of one year by contacting our customer service department. The Client will not be refunded for their current billing month.
Compliance with Law
Client will use the services offered by Provider in a manner consistent with all applicable local, provincial, and federal laws and regulations.
Though the Provider has taken steps to make the service as secure as possible through means of Secure Socket Layer (SSL) and several encryption algorithms, the Provider is not responsible for the data taken by unauthorized users, hackers or any unauthorized personnel. The Client is solely responsible for the data, login accounts, and access passwords given or created by the Client.
Access to Website
Client shall have access to the custom designed website through the Content Management System (CMS) only. For security reasons, Client shall not have access to the Rhemasite back-end. Client shall not have access to do any development beyond what has been or can be provided by Rhemasites.
If you are not satisfied with MSPStream or wish to cancel your account, you may request a refund within 5 days of your original purchase date. No refund is available after the Provider have finished the custom web design.
No refund is available after the 5th day. Additional services such data transfer overages, disk space, pop accounts, add-on modules etc. are non-refundable. Refund policy on renewals of web hosting contracts will be refunded if the Provider is notified by the following renewal date. No refunds will be granted for notifications received after this date.
Partial refunds will not be issued. If you are a current MSPStream customer and wish to cancel your account, it must be done no later than 60 days before the end of the initial one year term.
Client can cancel this service anytime after the initial one year term. In order to stop service, Client must contact Providers customer service department. The website design, the database and associated modules used to enable the website features cannot be moved or transferred to another hosting company.
Prohibition of Publication of Certain Material
Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures (images), links, or any other content): (a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others; (b) any material that is libelous or slanderous; (c) any material which is or contains anything obscene or pornographic; or (d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network (e) Any abuse of account privileges including but not limited to: Use of any program/script/command, or sending messages of any kind, designed to interfere with a users session, via any means, locally or by the Internet. Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method. Any violation of the above conditions will result in termination of Client's account.
DISCLAIMER OF WARRANTIES
PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Limitation/Disclaimer of Liability
Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.
Resale of Provider's Service
If Client acts as a 'reseller' or 'affiliate' of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under 'Indemnity' shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider's services.
This Agreement shall be governed by the laws of the Province of Ontario. Venue for any action hereunder shall be in Mississauga, Ontario, Canada.
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
Breakdown of Costs
Design fees are associated with creative design only. Monthly costs associated with Web Suites are considered to be platform hosting costs.
If any federal, provincial or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.