Terms of Service Agreement
For Clients utilizing website hosting, website development, or other services provided by Ecommatic Consulting G.P.
The following are terms of services for website hosting, domain registration, and website development services provided by Ecommatic Consulting G.P. (hereby referred to as “Ecommatic”). The Client shall provide the billing address and any other information necessary for Ecommatic to maintain website hosting and registration services. Any information not provided at sign-up will be requested by Ecommatic and provided by the Client. By providing a method of payment for any of our services and/or products through www.ecommatic.ca indicates agreement to these terms of service.
1. Website Hosting Payment Terms: Billing for website hosting services will commence 30 days after purchase of the Website Hosting service. Website hosting services are charged on a 30 day cycle. Termination of Website Hosting Services with Ecommatic requires a 30-day advance notification via e-mail at email@example.com. If a Client chooses to activate their domain name through Ecommatic, their domain name registration will expire with their hosting service. If a Client chooses to activate their domain name through Ecommatic, the Client will be notified of any expenses incurred in purchasing the Client’s domain and will be subsequently invoiced for the equivalent amount.
2. Website Hosting Pre-Payment Terms: Ecommatic may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a Client cancels their hosting service before the period they have pre-paid for.
3. Website Development Payment Terms: Ecommatic will only commence work on a website or other service upon receipt of payment. Clients consent to having Ecommatic collect payments through the method of payment provided by the Client at the agreed upon price (plus all applicable taxes).
4. Ecommatic may offer financing and payment plans at its discretion. Accounts unpaid 30 days after date of payment will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. If you default, you agree to pay Ecommatic its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. Content Responsibilities: All content (whether text or images) that is created or used by Ecommatic must be approved by the Client before being made public on the Client’s website. After being approved by the Client, the Client is responsible for all content posted or stored on their website and web hosting space. Ecommatic exercises no control over the content or information contained on the servers used for hosting. Ecommatic will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its Clients or any other related or unrelated third parties. If a Client decides to access their website’s control panel, Ecommatic is not responsible for backing up data or recovering data in case of loss on the Client’s behalf.
6.Service Interruptions: Ecommatic is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
7. Account Credentials: The Client and Ecommatic both agree to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a Client believes that his user ID or password has been compromised, the Client agrees to contact Ecommatic immediately via e-mail or telephone.
8. Governing Laws: Ecommatic’s corporate office is located in Montreal, Quebec, Canada. This agreement will be performed in and governed by the laws of the Province of Quebec. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Ecommatic reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
9. Third Party Networks: Any access to other networks connected to Ecommatic’s network must comply with the rules appropriate for that other network.
10.Disk Storage and Bandwidth: Ecommatic will monitor the Client’s current disk storage and bandwidth. If usage exceeds the amount registered for, Ecommatic will contact the Client in an attempt to make an arrangement for additional resources. If Client does not respond or is unable to be reached, Ecommatic shall have the right to take corrective actions for exceeding resources. Such actions may include. But are not limited to, temporarily discontinuing services, or terminating the current agreement. If the Client feels that more disk storage is required, it is the Client’s responsibility to contact Ecommatic (firstname.lastname@example.org or 1 844-218-8112) to discuss options for increased disk storage.
Ecommatic prohibits website hosting Clients from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting Warez websites, pornography. The Client agrees to indemnify and hold Ecommatic harmless from any claims resulting from his/her use of Ecommatic’s services that damage the Client or another party. Use of Ecommatic’s web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The Client agrees to pay Ecommatic any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
12. Adherence to Proposal: It is the responsibility of the Client to review in full all proposals for website development, website design, and other services provided by Ecommatic. Should services or resources fall above the scope of the original proposal, Ecommatic reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project will be invoiced by email to the Client. Payment will be collected through the method of payment provided by the Client within seven days of the invoice date.
13. Project Timeline: It is the responsibility of the Client to review the project timeline and adhere to the dates for deliverables on their part. Indefinite delay of a project may result in project termination. Should a project be delayed or terminated as a result of the Client failing to provide the required information for Ecommatic to fulfill it’s due services or as a result of indefinite termination, payments for services are non-refundable, and will not be returned to Client.
14. Administrative Access: To prevent malware installation on our servers, full administrative access to a WordPress installation on Ecommatic’s hosting services will not be granted to Clients. Clients may request access to specific features of a website, and access may be granted at Ecommatic’s discretion.
15. Service Completion: Service are considered complete when full development scope has been reached, and project is approved by the Client. Should Client request changes beyond what was agreed to in the original proposal, Ecommatic may complete these changes at additional cost. Once a project is considered complete.
16. Indemnification: Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
17. Money Back Policy: In order to be eligible for Ecommatic’s Money Back Guarantee, the Client must be able to provide documented evidence that he/she was unable to save any time or money after making use (to the best of their abilities) of the website, plugins and services provided by Ecommatic. The Money Back Guarantee is valid for the first 3 months after the initial purchase date of any of Ecommatic’s Web Development Services and does not apply to the website’s related Hosting Fees.
Examples of documented evidence would include written estimates for equivalent services at a lower price, proof of no session bookings through the website provided and equivalent plugins at lower prices.
18. Termination/Cancellation Policy: Ecommatic requires a 30-day notice prior to canceling a website hosting account. For Business Website Solutions, where the cost of development is broken down into monthly payments rather than an upfront development charge, a one year minimum contract is required. If service is cancelled early, the final balance on remaining months of service is due. At the time of cancellation, all website files, email accounts, and emails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use. Should the Client wish to migrate their domain to a new host, Ecommatic is not responsible for the payment (partial or in full) of any fees that the Client may incur from a service provider that is not included in the Agreement. These fees include, but are not limited to, hosting fees, migration fees, administrative fees or setup fees.