TERMS AND CONDITIONS

TERMS AND CONDITIONS

Please read these Terms and Conditions before using any CityHosting services.

By accepting, or if the law says you have accepted, any CityHosting services or documents, please note that all CityHosting services and documents are subject to the current Terms and Conditions.

1. YOUR CITYHOSTING SERVICES TO BE PERFORMED

You must have a CityHosting Plan (Estimate or Proposal) to receive any services from CityHosting. Your CityHosting Plan describes the charges and features that CityHosting will provide to you, as well as optional features and services that can be provided. Any server or technical issues, that CityHosting is not responsible for, will be charged at the current hourly rate (CityHosting will provide a fee schedule upon request).

2. PAYMENT

If you have a credit card account, or similar payment account on file with us, we will automatically charge it monthly, as per the agreement, or until payment has been made in full. All CityHosting services are payable in advance; If you do not have such an account on file, you must provide payment of 50% non-refundable deposit, should the project exceed 60 days, 25% against remaining balance, and then balance upon completion and approval by an authorized representative of your business, of design concepts. The balance is due upon completion of the project. Should you have a monthly account with CityHosting, payment will be due upon completion of all services provided by CityHosting (or another payment period as agreed upon) in advance. In the case of online and standard media purchases (Google Adwords, Facebook Ads) and direct mail 100% payment is due up front prior to any campaign. In the case of website hosting/registration, CityHosting will continue to withdraw the payment, from the account you provided, annually on the one (1) year anniversary of the agreement (or you must continue to make payments monthly) until service is cancelled with 30 days written notice by an authorized representative of your company or CityHosting or you choose another payment period agreed upon by CityHosting. The price of your CityHosting Plan may change over time, and you will be informed within 30 days in a written notice of any changes. Current rates, at the time of the change, will be applicable for any outstanding balance.

The lease price of your website hosting, or Mingle® may have included prepayment for a period of time for your specified CityHosting Plan. If so, you must arrange payment to CityHosting after this period expires. If you have payment information on file, CityHosting will automatically charge you monthly, as previously explained above.

CityHosting will use the payment information on file for any other purchases you make from CityHosting (including any upgrades to your CityHosting agreement during the prepaid period). CityHosting may receive and use new or updated credit card account information from the financial institutions issuing your credit card (unless not permitted by the laws of the Province of Ontario, and the state of New York). If you do not have a credit card or other payment account on file, CityHosting will contact you to establish your method of payment.

3. STARTING YOUR CITYHOSTING SERVICE

You can only receive and utilize CityHosting services by accepting these Terms and Conditions. Subject to the laws in the Province of Ontario, and the state of New York, you have accepted these Terms and Conditions and start your CityHosting service when you purchase or lease any CityHosting services, OR when you sign a written contract, OR when you speak with an CityHosting Advisor (Account Coordinator/Manager) and register for CityHosting services or products, OR when you (or an authorized representative of your business) uses any CityHosting services or accepts any of its benefits (i.e accessing your website with active CityHosting servers).

If ANY of the above actions are performed, you are bound by these Terms and Conditions and any later changes or amendments to it.

4. DURATION OF YOUR CityHosting SERVICE.

Your CityHosting service starts as set out above and continues without end until service is cancelled by either by you by 30 days written notice, or CityHosting.

5. WITH 30 DAYS WRITTEN NOTICE YOUR CITYHOSTING SERVICE

You may cancel your CityHosting service at any time. Cancellation must be in writing, from an authorized representative from your company, advising CityHosting that you wish to cancel your service. Unless your CityHosting Plan specifies otherwise, ALL payments made to CityHosting are final and no refund on deposits or cash payment will be provided. You will not be entitled to any other refunds for CityHosting services or products. If you have an outstanding balance at the time of cancellation, and all work has been completed, CityHosting reserves the right to suspend all services and you may have to pay a reactivation, archive, or research fee.

6. HOW MUCH YOUR CITYHOSTING SERVICE COSTS

You may obtain information on the pricing and services included in each CityHosting Plan by calling us or by asking an Account  Representative to provide you with a current fee schedule.

7. TRANSFERRING SOME OF YOUR CITYHOSTING SERVICE

Unless previously agreed upon with CityHosting, you cannot transfer your CityHosting service to another business or person. However, exceptions can be made by CityHosting for the following reasons; You may be able to transfer any prepaid whole months remaining on your CityHosting Plan, not including any payment that was initially made in the purchase or lease price of the services provided, to a newly purchased or leased service provided by CityHosting. You will have to request the transfer prior to canceling your service, and the new business must meet all CityHosting requirements for service.

8. REACTIVATING OR CHANGING YOUR CITYHOSTING SERVICE

CityHosting will only accept requests from an authorized signing agent of your business to activate, cancel, change, reactivate, or transfer your CityHosting service. If any of the above requests are completed, you agree to pay any charges associated with these requests.

9. CHANGES TO YOUR CITYHOSTING AGREEMENT; SERVICE LIMITS

To the extent allowed by the laws of the Province of Ontario, and the state of New York CityHosting may change your agreement or make material changes to your CityHosting service at any time after giving 30 days notice to you (or such longer period as required by law). This includes changing any or all of these Terms and Conditions, including the fees and services provided. CityHosting may place usage limits or create tiered pricing plans for any CityHosting service. If usage limits or tiered pricing plans are placed for any CityHosting service, be advised that if you exceed the tiered plan amount, you will be charged the current rates in effect for any overage above and beyond the agreed plan amount (CityHosting will provide a fee schedule upon request). You agree that CityHosting may use any credit card or authorized payment account that we have on file for payment of the above additional charges. AFTER RECEIVING NOTICE, YOU MAY CANCEL YOUR CityHosting AGREEMENT OR AGREE TO THE CHANGE. IF YOU DO NOT CANCEL, IN WRITING, YOUR CITYHOSTING AGREEMENT WITHIN 30 DAYS OF THE NOTICE, YOU ARE AGREEING TO THE CHANGES, AND THEY BECOME PART OF THE AGREEMENT BETWEEN US.

10. HOW YOUR CITYHOSTING SERVICE WORKS AND SYSTEM LIMITATIONS

CityHosting services are only available in the continental United States and Canada. CityHosting services work using electronic communication networks connecting directly from Toronto, Ontario, Canada. NOTE: Not all CityHosting services are available everywhere, particularly in remote or enclosed areas, or at all times. The area that you are located and the computer system and service that you have may affect the service that CityHosting can provide to you, including but not limited to routing service.

In addition, some CityHosting services will not work unless you are in a place where you have a proper internet provider and your computer system is running at peak efficiency. Also, your network capacity, reception, and technology should be compatible with CityHosting when service is needed. CityHosting services that involve location information about your website cannot work unless all internet networks are free from obstruction, available in that place and are compatible with CityHosting services.

Some CityHosting services may not work if your CityHosting Equipment is not properly installed (by someone we have authorized, or instructed) or you have not maintained it and your computer and/or network is in good working order. If you attempt to add or modify any additional equipment or software to your network or computer, some CityHosting services may not work and CityHosting will have grounds to terminate your service. Your computer system and network also need to be compatible with the CityHosting service and technology provided by our server (Please note that this service and technology is subject to change at any time).

There are other problems beyond our control that may either prevent or impair us from providing some CityHosting services to you at any given time or place. Some examples are: slower computer systems, internet connections and/or online traffic, operating systems, firewalls, antivirus software, electrical system design and/or architecture of your business systems, damage to your system due to a computer virus, online network congestion, or if you are not using the latest version of your internet browser.

CityHosting is not responsible for any delay or failure in performance if the failure or delay could have been prevented by reasonable precautions. Additionally, CityHosting is not responsible if such failure or delay is caused by acts of nature, forces, or causes beyond our control. Examples include: public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause). These Terms and Conditions also state that CityHosting is not liable for equipment failures including internet, computer, telecommunication or any other crucial equipment that may fail.

11. SERVICE PROVIDERS

CityHosting works with many different companies, individuals and government entities to provide you with CityHosting services and CityHosting equipment. In these Terms and Conditions, “Service Provider” means any person, company, or entity who provides any service, equipment, or facilities in connection with CityHosting services or CityHosting equipment, including, but not limited to: wireless service providers, suppliers, licensors (including Her Majesty the Queen in Right of Canada), public safety answering points, emergency responders and service providers (such as police, fire and ambulance), internet providers, software developers, distributors and dealers.

12. CAUTIONS ABOUT SOFTWARE

Some CityHosting services involve software that may need to be, or CityHosting may want to, change from time to time. CityHosting may do this remotely, without notifying you first. Such changes may affect or erase data you have stored on the CityHosting server and we are not responsible for any lost data. You do not own the CityHosting software or acquire any rights to use or modify the CityHosting software on your own. Your computer systems also utilize software that CityHosting may need to change from time to time. By agreeing to these Terms and Conditions, you agree that CityHosting may do this remotely, or onsite without your consent.

13. CAUTIONS ABOUT THE MINGLE®

Some CityHosting services involve Adobe flash and HTML5 software. It can play and recognize many systems and operating systems, but not all. CityHosting cannot guarantee it will work with your, or your client’s, computer network

14. CAUTIONS ABOUT MOBILE BROWSER COMPATIBILITY

Some mobile devices may not be compatible with certain features of a mobile website such as importing CSV (contact files), viewing Adobe Flash pieces, engaging into a live chat program or viewing image gallery pop-ups. The following modern browsers are compatible with most mobile websites.

  • iPhone OS 10+
  • Android 7.0+
  • iPad OS 10+

*Please note most modern mobile browsers no longer support Adobe Flash.

15. COMBINED PLAN (IF AVAILABLE)

CityHosting may offer a combined plan that allows you to utilize and manage all hosting, registration, and design needs into one. If you choose such a plan, you will have a separate agreement for which you will be billed separately. If you breach that agreement, your CityHosting service may be interrupted or, in some cases, terminated.

16. YOUR RESPONSIBILITY FOR CITYHOSTING SERVICE

It is your responsibility to make sure your computer, operating system, and internet service is working properly. If you cannot send an email, this means that your system is not functioning properly or it is inactive and should be checked by your network administrator. Even if your CityHosting service is activated and working, some CityHosting services (such as SPAM software) may not be available until you register. You will need to provide CityHosting with satisfactory identification before some CityHosting services can be provided. You will also need to provide us with an email address before CityHosting can provide you with certain services such as CityHosting Online Diagnostics. CityHosting may provide you with CityHosting services and create an account with personal information about you, unless you contact an CityHosting Advisor to cancel your service request. Should the issue not be the fault of CityHosting, you may be billed at our current hourly rate for technical support (CityHosting will provide a fee schedule upon request).

By reviewing these Terms and Conditions, you acknowledge and agree to use CityHosting services for business purposes only. You will not use any CityHosting service for fraudulent, unlawful, or abusive purpose. You will also refrain from using CityHosting services in any way that interferes with our provision of services to other customers. You will not abuse or do anything to damage CityHosting business operations, services, reputation, employees, facilities, or service providers. If you perform any of the above actions, you agree that you will be responsible for any monetary amount anyone else may claim from us, in addition to any expenses resulting in whole or in part from that use or your actions.

17. YOUR RESPONSIBILITY FOR INFORMATION RECEIVED THROUGH YOUR CITYHOSTING SERVICE

Certain information you receive through your CityHosting services belongs to CityHosting, or third parties who provide service through us. Service may be covered by one or more copyrights, trademarks, service marks, patents, or other legal protections. You will not use any content you receive through CityHosting, unless it has been authorized by CityHosting. The reselling of CityHosting information or usage for commercial purposes is strictly prohibited. In addition, you cannot copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any CityHosting service.

18. YOUR RESPONSIBILITY TO PAY FOR YOUR CITYHOSTING SERVICE

Depending on the service you choose, you will have different payment responsibilities, but payment must be paid on time in full (unless not permitted by the laws of the Province of Ontario, and the State of New York). If you choose to begin or end your service in the middle of a billing period, CityHosting will prorate the amounts owed or to be refunded (if applicable), at the time of your next scheduled payment date. You are responsible for paying all charges for services provided that are not expressly covered by your CityHosting Plan.

19. ADDITIONAL PAYMENT DETAILS

If you pay with a cheque, and it bounces, CityHosting may charge you a fee of up to $70 (unless not permitted by the laws of the Province of Ontario, and the State of New York). If your credit card is declined, or a cheque bounces, CityHosting may terminate or suspend your service. CityHosting will not recognize any restrictive language you try to include on cheques such as “payment in full”. CityHosting will refund credit balances of less than one hundred dollars upon request only.

20. YOUR RESPONSIBILITY TO TELL US RIGHT AWAY ABOUT BILLING DISPUTES

If you object to any fees or charges for services billed by or through CityHosting, notification must be made in writing by you, or an authorized representative of your business, within 30 days after the fee or charge is incurred (unless not permitted by the laws of the Province of Ontario, or the State of New York). If no action is taken within the 30 days, you agree to the fees or charges billed by CityHosting.

21. YOUR RESPONSIBILITY TO PAY FOR TAXES, FEES, AND SURCHARGES

You promise to pay all taxes, fees, and surcharges set by all municipal, state, provincial and federal government and charged to you by CityHosting.

22. YOUR RESPONSIBILITY TO PAY FOR OTHER FEES AND CHARGES

Some CityHosting services may incur additional fees related to CityHosting costs to comply with government regulations. These can include items such as costs associated with the CRTC (Canadian Radio-television and Telecommunications Commission’s) contribution regime or other governmental fees. They are not taxes and are not required by law; They are kept by us or our providers in whole or in part, and are subject to change at any time.

23. YOUR RESPONSIBILITY FOR OTHERS WHO USE CITYHOSTING SERVICES IN YOUR BUSINESS OR WITH YOUR PERSONAL IDENTIFICATION NUMBER. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF CITYHOSTING SERVICES IN YOUR BUSINESS, EVEN IF YOU ARE NOT THE ONE USING IT, REGARDLESS IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING CITYHOSTING SERVICES

Neither CityHosting, or any service provider has an obligation to inquire about the authority of anyone using your CityHosting service. In addition, neither CityHosting or any service provider has an obligation to inquire about the authority of anyone using your Personal Identification Number or other information that can be used to identify your account to request services for your business. If the CityHosting system is used for any improper purpose, including committing a crime by either you, an employee or any other person who may have access to your information, you will be solely responsible for any damages and fees that may be incurred as a result of such use.

24. YOUR RESPONSIBILITY FOR ALL TRANSACTIONS AND COMMUNICATIONS USING CITYHOSTING SERVICE

You will assume full responsibility if you choose to carry out any transaction with anyone other than CityHosting, using either CityHosting services or information received through us. Govern yourself accordingly.

25. OUR RIGHT TO TERMINATE OR SUSPEND YOUR CITYHOSTING SERVICE

CityHosting may terminate your service without cause, in which case you will be given notice 30 days prior to the effective date of termination, after which your account will be deactivated and your service will terminate. This means thatCityHosting may cease providing the services to you at any time, for any reason, even if those reasons are unrelated to you or your account with CityHosting. In these cases, refund of any amounts you have paid in advance will be made over one hundred dollars. Also, CityHosting may terminate your service without prior notice to you for any just cause. For example, breaching any part of your agreement with CityHosting, including nonpayment to CityHosting or one of our service providers, interference with our efforts to provide service, interference with our business, or if yourCityHosting service is used for illegal or improper purposes, will result in immediate termination of your CityHosting service and you may be liable for any legal or criminal charges. In addition, you will not have the right to reinstate your CityHosting service, even if you resolve any of these issues. The decision to reinstate your service again will be entirely up to the discretion of CityHosting. Please be advised that CityHosting may suspend your service for any of the above stated reasons. CityHosting may also suspend your service for network/system maintenance or improvement, if there is network congestion or if your service is suspected of being used for any purpose other than what your contracted agreement with CityHosting states.

26. TRANSFERRING DOMAINS AND EMAILS FROM YOUR CITYHOSTING SERVICE

Where allowed or required by law, and where technology permits, you may take, or “port” a domain assigned to your CityHostingService and it can be used for another service provider. If you request a new service provider to port a domain from us and we receive your request from that new service provider, then we may not be able to provide you with CityHosting service (including email, SPAM or The Mingle®) after completion of the porting process. You may also have to take your computer to a technician to have your computer reconfigured. This may result in CityHosting and/or the dealer charging you additional fees. You are also responsible for any fees charged by the other service provider.

27. TRANSFER OF DOMAIN

We are not responsible for any theft of your domain.

You are responsible for any and all passwords to your domain and you are in control of who has access to such passwords, in regards to giving permission to another source, other than a representative of CityHosting. This relates to emails or access to domain registered accounts directly in respects to controlling information (ie. email changes, password changes, website changes etc).

28. WHAT IF YOU SELL YOUR BUSINESS?

You are to notify us immediately if you sell your business. If you choose to sell or transfer your business and neglect to notify us, you will remain responsible for all charges pertaining to CityHosting services or any related domain renewal or hosting fees. It is your responsibility to clear all emails and old website content that you have stored on your CityHosting system before you sell or transfer your business. Any outstanding payments are to made in full. A new agreement will be established with the new company and our regular payment terms for new accounts will apply.

29. YOUR PRIVACY

CityHosting collects your personal and professional information in the following ways: the information provided when you register for any CityHosting services, your use of CityHostingservices, CityHosting web pages you visit, communication; i.e calls or emails withCityHosting, our service providers and through your website itself, when any CityHosting products are active. Personal information CityHosting may receive include your address, phone number, email address, language preference and disabilities.

Information CityHosting may receive from your website includes your website operation (including diagnostic codes, online stats, etc.), usage of CityHostingservices, location of business, browsing information, CityHosting services that are relevant to your business, and Mingle® statistics (for example, responses to email campaign).

By reading these Terms and Conditions you agree that CityHostingmay, subject to the laws of the Province of Ontario, and the State of New York, use any of this information to: (a) provide CityHostingservices to you and/or your business; (b) communicate with you about your account; (c) check or maintain your CityHostingproducts; (d) obtain information about your business online and overall marketing performance and aggregate product usage, and to enable us to comply with the laws of the Province of Ontario, and the State of New York; (e) help you or your management; (f) provide information to your business or your associated third party companies for the purpose of providing CityHosting services requested by you, and to enable them to bill you for those CityHosting services (ie. outside streaming servers); (g) evaluate and improve your service; (h) enforce this agreement with you or others; (i) prevent fraud or misuse of CityHosting service; (j) comply with legal requirements, including valid court orders in criminal investigations; (k) protect the rights, property, or safety of you or others; (l) offer you new or additional products or services; (m) confirm your eligibility in any discount programs you have applied for; (n) perform market research; or (o) provide you with information about any essential computer system maintenance required by emailing your CityHostingwebsite stats report.

You also agree that CityHosting may, subject to the laws of the Province of Ontario, and the State of New York; a) share your email address, including any email address collected through the CityHosting online website program, with our subsidiaries and affiliates; b) share your contact information, information about your current CityHosting services, your domain, and information about the use of your website features with our subsidiaries and affiliates, and our service providers for purposes of offering you products and services; and c) share your CityHosting status with companies with whom CityHosting has business relationships to determine eligibility in discount programs you have requested from those companies.

Because CityHosting provides service through internet networks, we cannot promise that your communications will not be intercepted by others. By reading this, you agree that CityHosting will not be liable for any damages or loss of privacy occurring in communication over such networks. CityHosting may communicate with you about your CityHosting services via email or phone. If you do not notify CityHosting of a sale or transfer of your business, you may continue to receive CityHosting website reports or other information about the business. In addition, CityHosting may continue to send account updates to the billing or email address currently on file. In any case, CityHosting  is not responsible for privacy related damages that you or your business may experience.

30. OUR INTERACTIONS WITH CITYHOSTING ACCOUNT REPRESENTATIVES

CityHosting may record and monitor conversations between you and our advisors to maintain and improve the quality of CityHosting service for subscriber issue resolution, training purposes or to simply promote and provide CityHosting service. Please note that our CityHosting account representatives may also remain on the line if they conference in a third party to assist in completing a service request. CityHosting may also randomly monitor your interactions with CityHosting automated services for quality improvement purposes. CityHosting will not release any audio or physical records that are created as part of the CityHosting service without a subpoena (unless otherwise required by the laws of the Province of Ontario, and the State of New York).

Note that any information that is collected by CityHosting may be stored, analyzed and/or processed outside of Canada, where the laws may differ from those within Canada and the United States. You may obtain the CityHosting Privacy Policy online at www.cityhosting.ca/privacy or by contacting CityHosting. If you would like to limit some of the permitted marketing uses or disclosures made of your personal information, or if you would like to access or ensure the accuracy of your personal information, or would like further information about those parties with whomCityHosting may share your personal information, contact can be made through www.cityhosting.ca. You acknowledge that it is your responsibility to advise all occupants of your business and how information about them may be collected, used and disclosed by CityHosting.

31. NO WARRANTIES ON EQUIPMENT, INFORMATION, OR SERVICES

Warranties are special kinds of commitments. We do NOT offer any warranties, expressed or implied, for CityHosting servers, services, or any other equipment used with CityHosting services. However, you may have a warranty onCityHosting equipment or other equipment under the terms of a warranty related to your business. In addition,CityHosting cannot promise uninterrupted or problem-free service, and cannot guarantee that the data or information provided to you will be error-free. All data and information is provided to you on an “as is” basis. Neither CityHosting, or anyCityHosting  service providers (including the Queen in right of Canada) make any representations, conditions, or warranties, express or implied, about CityHosting services, any data, information or services provided through it. This means, no representations, conditions, warranties of content, quality, accuracy, timeliness, completeness, correctness, reliability, merchantability, or fitness for a particular purpose. All such representations, conditions, and warranties are expressly excluded by this agreement.

32. LIMITATIONS OF LIABILITY

BOTH YOU AND CITYHOSTING ARE WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW, WE EACH AGREE TO THE FOLLOWING:

  • CityHosting is not liable for the actions or inactions of any service provider.
  • CityHosting is not liable for (a) any injuries to persons or property arising out of, or relating to your use ofCityHosting equipment or CityHosting services, or (b) any damages arising out of or relating to the installation, repair, or maintenance of CityHosting equipment.
  • CityHosting’s maximum liability to you in any circumstance (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to an amount equal to the portion of the charges to you for the services relating to the period of service during which such damages occur.
  • Unless otherwise provided in this agreement, your maximum liability to CityHosting in any circumstances (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to any outstanding amounts owed to CityHosting.
  • Neither you or CityHosting may recover; (a) punitive damages, (b) treble, consequential, indirect, or special damages, or (c) legal fees. You cannot recover these types of damages or fees from any service provider, either. Both you and CityHosting agree to waive to the fullest extent allowed by the laws of the Province of Ontario, and the State of New York, any claim for damages other than direct, compensatory damages as limited in this agreement.
  • CityHosting has no liability for service interruptions of 24 hours or less. To receive service credit for longer interruptions, you must notify CityHosting, in writing, within 60 days after the time when that service interruption started. Except for any credits provided voluntarily by CityHosting for interrupted service as described above, no one is liable to you for dropped internet service, problems caused (or contributed to) by you, any third party, whether it be due to network congestion, weather, or any other circumstances that CityHosting and/or CityHosting service providers cannot control.
  • Notwithstanding any other clauses in these Terms and Conditions, you agree to excuse any non-performance by CityHostingor any service provider caused in whole or in part by an act or omission of a third party, equipment failure, act of god, natural disaster, strike, equipment/facility shortage, or other causes beyond the control of CityHosting and/or CityHosting service providers.
  • If another service provider is involved in any problem (for example, because of third party hosting), you also agree to any limitations of liability that it imposes on its customers.
  • You agree that neither CityHosting, or any CityHosting service provider who sends you data or information through CityHosting, including her Majesty the Queen in right of Canada, is liable for any errors, defects, problems, or mistakes in that data or information.
  • You have no contractual relationship whatsoever with any of CityHosting’s service providers and are not a third party beneficiary of any agreement between CityHosting and any of CityHosting’s service providers. Unless you have a separate contract, none of CityHosting’s service providers has any legal, equitable, or other liability of any kind to you. You waive any and all claims or demands for such liability.
  • You agree that the limitations of liability and indemnities in these Terms and Conditions will survive even after your agreement with CityHosting has ended. These limitations of liability apply to you, and to anyone using your internet service, creative design, and to anyone making a claim on your behalf, any claims made by your family, employees, customers, or others arising out of or relating to your CityHosting services or CityHosting equipment.

NOTE: Some jurisdictions do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.

33. YOUR RESPONSIBILITY TO REVIEW FINISHED PRODUCT AND ENSURE IT MEETS 100% CLIENT SATISFACTION.

CityHosting provides a 30-Day guarantee on projects and services. Once your website has gone live, after your approval and/or any print materials have been approved by you, it is your responsibility to check that all text, images, content, content management system functions, access to the site, email accounts, etc., are completely sound and meet your needs to 100% satisfaction within 30 days of completion. After 30 days, any dissatisfaction with your product and/or further revisions are required, will be quoted/billed separately, as required.

34. YOUR RESPONSIBILITY FOR INSURANCE

Any services CityHosting provides to you is intended to be a service for your business. The payments you make for that service are not related to the value of your business, property, or the cost of any injury or damages suffered by you. You hereby agree that you will obtain and maintain appropriate insurance (e.g errors and omissions) covering personal injury, loss of property, and other risks. For yourself and for anyone else claiming under you, you hereby release and discharge CityHostingand its service providers, their parents, affiliates, and subsidiaries, and the respective officers, directors, and employees of any of them from and against all hazards covered by your insurance. No insurance company or insurer will have any right of subrogation against CityHosting or its service providers.

35. YOUR RESPONSIBILITY FOR PAYMENT IN SOME CIRCUMSTANCES

In order to get CityHostingservices, you agree that you will be responsible for any amount anyone else claims from us (or our service providers, including Her Majesty the Queen in right of Canada, their officers, employees, affiliates and agents) plus any expenses, resulting from any claim, demand or action, regardless of the nature of the cause of the claim, demand, or action alleging loss, costs, expenses, damages, or injuries (including injuries resulting in death) arising out of or in connection with; (a) the activities contemplated by your agreement with CityHosting, whether brought by you, your employees, or third parties, even if due to the sole negligence of any of the CityHosting service providers; (b) the use or possession of data or information provided in connection with CityHostingservices; (c) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to this agreement; or (d) the use, failure to use, or inability to use CityHosting services, except where the claims result from the gross negligence or willful misconduct of any of the service providers.

In addition, if you have authorized CityHosting to charge amounts due against your credit card account or other similar account by supplying a valid credit card or account number, then your agreement in this section extends to claims, expenses, liabilities, or damages arising out of or in connection with use or ownership of the credit card account or other similar payment account, or from the issuer’s refusal to pay amounts charged to such account.

36. HOW CITYHOSTING WILL RESOLVE DISPUTES

If both parties involved have a disagreement related to CityHosting services, a meeting will be set up to resolve the issue verbally in a professional manner. If the verbal resolution attempt is unsuccessful, both parties agree to use arbitration, not lawsuits (with the exception of small claims court cases), to resolve the dispute. It is also acceptable to contact a government agency or regulatory authority for help in these scenarios if needed. The arbitration will be conducted pursuant to the applicable arbitration legislation in the Province of Ontario, Canada or in the State of New York, USA. In the event these arbitration requirements do not apply or a claim proceeds in small claims court, both parties hereby waive any trial by jury.

37. THE LAW THAT GOVERNS OUR RELATIONSHIP

To the fullest extent permitted by the laws of the Province of Ontario, and the State of New York, and except as explicitly provided otherwise, these Terms and Conditions and any disputes arising out of, or relating to them, will be governed by the laws of the Province of Ontario, and the State of New York, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.

38. COMMUNICATION WITH CITYHOSTING

Any written notice from you required by these Terms and Conditions will be considered given when CityHosting receives it at the address provided in the introduction of Terms and Conditions. Any written notice from CityHosting required by Terms and Conditions will be considered given when CityHosting sends it by email to any email address you have provided to, or within five (5) business days after the written notice is sent by regular mail it to you at the billing address provided. Any verbal notices will be considered given when CityHosting calls you or when you call CityHosting at 1.866.979.3673 (the call is toll-free in the United States and Canada).

39. WHO ELSE IS COVERED BY THESE TERMS AND CONDITIONS

CityHosting service providers and affiliates are intended beneficiaries of these Terms and Conditions. You agree that you will make any of your customers, employees and guests of your business aware of our rights and are subject to the limitations of these Terms and Conditions.

40. CITYHOSTING’S RELATIONSHIP WITH YOU

Without exception, these Terms and Conditions do not create any fiduciary relationships between you and CityHosting, or with any ofCityHosting’s service providers. It also does not create any relationship of principal and agent, partnership, or employer and employee.

41. CITYHOSTING MAY ASSIGN YOUR AGREEMENT

CityHosting may assign your agreement or your obligations to pay under it, in whole or in part to anyone CityHosting deems appropriate. You cannot assign your agreement with CityHosting or your obligations to anyone else, without the prior consent of CityHosting.

42. INVOICING/PAYMENT POLICIES ON NEW PROJECTS

All initial deposits are non-refundable. In the event of special circumstances, before any work has started, a refund may be given. This refund is at the discretion of CityHosting, and not less than one hundred dollars. In the event that a special circumstance has arisen, the client must notify CityHosting immediately, and before any work on the project has been started by CityHosting. If any of these situations occur, the status of the project will be assessed by CityHosting and a refund may be given within 30 days from the date of assessment.

POLICY 1 (Small Scale Projects)
Project Price Range: $100 – $500
100% paid upon completion within 10 days.

POLICY 2 (Moderate Scale Projects)
Project Price Range: $501 – $1,000
Deposit: One half (50%) of the total must be paid on approval of the agreement.

POLICY 3 (Large Scale Projects)
Project Price Range: $1,001 – $15,000+
Deposit: One half (50%) of the total must be paid on approval of the agreement.

Subsequent invoicing to be done based on the Invoicing Policy on Active Projects (see below).

NOTE: If any project is completed within 1-7 days (with the exception of projects for Retainer Clients), the original invoice of 50% will be voided and re-billed at 100% if applicable.

POLICY 4 (Retainer Clients)
Project Price Range: $500 – $2,000 per month
Billed per hour, based on CityHosting’s current hourly rates. 100% must be paid within 30 days of receiving an invoice.

NOTE: There will be a $100 minimum per month, regardless of work performed in any given month to hold your account status and monthly administration.

Project Price Range: $1,500 – $5,000 per month Billed per hour based on CityHostings current hourly rates.
Deposit: 50% of the first month must be paid on approval of the agreement. This 50% will be applied to the following month’s bill. 100% must be paid within 30 days of receiving invoice.

NOTE: There will be a $200 minimum per month, regardless of work performed in any given month to hold your account status and monthly administration.

43. INVOICING POLICY ON ACTIVE PROJECTS; PROJECT MATURATION, AND ON HOLD PROJECTS

  • Approval of Agreement – One half (50%) of the project total is due upon approval of the agreement.
  • Approval of Concept Work / Artwork – One quarter (25%) of the project total is due upon approval of concept work / artwork.
  • Completion – One quarter (25%) of the project total is due upon completion of the project.

NOTE: The terms listed above are based upon the set critical path agreed upon by CityHosting and the client. If a project extends the agreed upon critical path, the additional payment terms listed below will apply.

  • After 3 months past original date of completion – 25% of the outstanding total will be invoiced. Invoice is to be paid within 30 days.
  • After 6 months past original date of completion – If the project is not yet complete, the project must be re-evaluated by CityHostingand the client. If, due to circumstances, the project cannot be completed at that time, the remainder of the project will be voided. When the client is ready to proceed, the remaining elements of the project will be quoted at that time.

44. INVOICING POLICY ON FINISHED PROJECTS

When a project is complete and has been fully approved by the client, CityHosting will submit a final invoice. Web-based projects (i.e. website development, website updates, etc.), will only be uploaded live by CityHosting, upon receipt of final payment. Please note that for design and print based projects, CityHosting will supply the client with all print ready files, upon receipt of final payment, to a downloadable link that will be available for fifteen (15) days, upon receipt of payment.

45. FINANCING & PAYMENT PLANS FOR NEW PROJECTS

Details for Internet Technology financing for new projects (NOTE: These projects must have a web or video component):

  • Interest rate: 6%
  • Financing amounts from $5,000-$50,000
  • Four-year repayment period (including one-month principal payment postponement)
  • Rates subject to change without notice
  • Financing O.A.C. (The company must be established for a minimum of two years in order to provide a record of financials.)

46. MONTHLY PAYMENTS OPTIONS FOR NEW PROJECTS

CityHosting is fairly flexible and will work on a plan for consideration that is based upon the client’s financial situation and the availability of funds.

47. FILE ARCHIVING AND RETRIEVAL FEES

File Archiving and Retrieval Fees (for working files and/or print ready files) will be billed at a minimum of 1 hour, which is based upon the retrieval of 1-3 files at a maximum size of 100MB (CityHosting will provide a fee schedule upon request). Anything over and above will be quoted separately. NOTE: All files are shared via a downloadable link that will be available for five (5) days, upon receipt of payment.

CityHosting appreciates your business and is providing you with written notice of these changes in order to serve you better. If you have any questions or concerns regarding your account with CityHosting or the new policies, please do not hesitate to contact your Account Representative at 905-777-9503 or accounts@cityhosting.ca

48. CLIENT FILE RETENTION

Retention of files provided by CityHosting’s clients via email or download links, will only be stored within CityHosting’s servers for 12 months. These files may include any content documents (Word documents, text files, powerpoint slides, etc.), images (JPG, PNG, TIFF, EPS, etc.), miscellaneous file attachments (PDF), etc. Working design and development files will NOT be deleted after 12 months, please note.

Client design and development working files are stored for a minimum of 7 years onCityHosting s servers (by law of the Province of Ontario) to maintain their existence and use, and in the event the client would like to invest in further changes to the design and development of their company marketing material.

Please see clause 47 regarding the fee terms for requests of working files from our archives.

49. THESE ARE THE ENTIRE TERMS AND CONDITIONS

These Terms and Conditions and any other CityHosting documents incorporated in them, have been set out in their entirety, and are binding. These Terms and Conditions void all earlier versions or representations, oral or written. If any part of these Terms and Conditions are considered invalid by a court or arbitrator, the rest of them will remain enforceable. Even after your agreement with CityHosting has ended, the provisions in these Terms and Conditions will govern any disputes arising out of, or relating to your agreement. These Terms and Conditions are binding on your heirs and successors and on CityHosting’s successors. No waiver of any part of these Terms and Conditions, or of any breach of them, in any one instance will require CityHosting to waive any other instance or breach. In some circumstances, CityHosting may decide to provide service to you voluntarily, even if you would not otherwise qualify. You agree that CityHosting will not be liable for anything resulting from the provision of such service.

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