|Whistler Web Design Ltd. (the "Company", "we" or "us") agrees to provide website design and hosting services to you, subject to the following terms and conditions of service.
Use of our services constitutes acceptance of and agreement to the terms and conditions herein.
This Agreement shall be construed in all respects in accordance with the laws of the Province of British Columbia, Canada.
Nature of Service: We will provide website design and/or website hosting services to you.
Service Rates: You acknowledge and agree that we have communicated to you the nature of the service provided, the initial rates and charges. You are aware that we may change the specified rates and charges from time to time. We will provide at least 30 days notice, by e-mail, to you prior to any rate increases. Any such e-mail communication will be deemed to have been received by you on the following business day from the date the e-mail was sent by us to you.
Failure to Pay: We may temporarily deny service or terminate and cancel this Agreement upon the failure of you to pay charges when due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: Either party can cancel this Agreement for any reason with 30 days written notice.
Your Obligations Upon Cancellation: You agree to pay all outstanding fees, including those accrued during the cancellation notice period. If you have paid in advance for any services, such fees will be refunded for services not utilized to the end of the cancellation notice period.
Our Obligations Upon Cancellation: We will arrange transfer to you of any domain names that may have been registered on your behalf. We will provide you with a digital copy of all databases, software and images that were present under your domain name as of the date of cancellation. We make no representation as to whether such software will operate on any server other than the server upon which it was operating as of the day of cancellation. Further, we shall bear no responsibility for insuring that such software will operate on any other server. We will have no obligation, except at the Company's sole discretion and at rates agreed upon in advance, to assist you in installing or maintaining the software on any other server after the date of cancellation.
To the extent that such software provided to you includes proprietary software of the Company (including, but not limited to, Registration and Membership System as described in Company's website, software to create and send interactive forms, image gallery software, and Content Management software), then we will provide you with a non-exclusive, perpetual, unsupported license to use such proprietary software for your own use. Such software cannot be used for any other purpose, sold, copied or distributed in any manner by you without the prior written consent of the Company and you will be liable for damages to us for any such use, sale, copy or distribution without the Company's consent.
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that we shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. You further acknowledge that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the Company be liable for any business interruption, special or consequential damages, loss or injury.
Miscellaneous Provisions: You must provide us with, and keep current and complete, contact information including e-mail, postal mail, and telephone contacts.
A waiver by the Company of any breach of any provision of this Agreement by you 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.
You shall not transfer or assign this Agreement without the prior written consent of the Company. We may assign this Agreement at anytime without consent from or notice to you.