General
This agreement sets forth the terms and conditions agreed to by the User (“Client”) and Envesko Services (hereinafter called Provider). The Client may be defined as an individual person or persons, a business entity or both. By accepting this agreement, the Client agrees to be bound by the information contained herein as well as any other agreement or addendum (collectively known as the “Agreements”) pertaining to the products and services (collectively known as “Services”) offered by Envesko Services through the website (“Site”) and will be in effect from the date of account creation (“Account”) and/or when Services are ordered (“Order”). You must register and accept the terms of this Agreement in order to use the Services.
This Agreement supersedes any other previous agreement. The Provider can at any time, upon notice, modify, change or expand upon the Agreements including any policies or guidelines as it sees fit and at its sole discretion. Unless otherwise noted, these changes will be applicable to all clients whether they be existing or future clients. Any changes or modifications will be effective upon posting on the Provider’s Site. Envesko Services will provide a period of notice of thirty (30) days prior to making such changes and will provide notice to these changes on the Site however the Provider may modify, change or expand upon their policies or guidelines without notice to you. The continued use of the Provider’s Services by the Client constitutes a binding agreement and understanding to any change and will be deemed to accept the changed Agreements.
BY SIGNING UP FOR AN ACCOUNT AND BY CREATING AN ORDER FOR SERVICES OF THE PROVIDER CREATES A CONTRACT BETWEEN YOU AND US. YOU HEREBY ACKNOWLEDGE HAVING READ THIS AGREEMENT AND ANY OTHER AGREEMENT OR ADDENDUM AND WILL BE BOUND BY THEM. IF YOU DO NOT AGREE TO THIS, DISCONTINUE USE OF THE SERVICES IMMEDIATELY AND NOTIFY THE PROVIDER OF THE TERMINATION OF YOUR ACCOUNT AS DESCRIBED IN THE SUSPENSION/TERMINATION SECTION BELOW.
1. Acceptable Use Policy (AUP)
The client agrees to use Services in compliable with applicable law and agreements shared on the Provider’s Site. The Client agrees that the Provider may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe its reasonable restrictions and conditions on the Client’s use of the Services. The Client agrees to cooperate with the Provider’s reasonable investigation of any suspected violation of the agreement. In the event of a dispute between the Provider and the Client regarding the intergeneration of the Agreements, the Provider’s commercially reasonable interpretation of the Agreements shall govern.
2. Privacy Policy
The Privacy Policy governs the usage of Client’s information and the Provider’s responsibility in maintaining this information and its usage of it. The full Privacy Policy is posted in the Knowledgebase which is hereby incorporated by reference in this Agreement. The Client agrees that the Provider may, in its reasonable commercial judgment consistent with industry standards, amend the Privacy Policy from time to time. The Client agrees that continued use of the Services after changes have been made will be considered expressed consent in acknowledging such changes.
3. Service Level Agreement
The “SLA” remedies (if any) are the Client’s sole and exclusive remedies for the Provider’s failure to provide the services in accordance with this Agreement. The full SLA is posted in the Knowledgebase. The Client agrees that the Provider may, in its reasonable commercial judgment consistent with industry standards, amend the SLA from time to time. The Client agrees that continued use of the Services after changes have been made will be considered expressed consent in acknowledging such changes.
4. Account Setup and Maintenance of Information
a. The Client agrees that the information provided to the Provider when opening the Account and/or when submitting an Order is accurate and correct
b. The Client is of the age of majority and is legally able to enter into an Agreement with the Provider
c. The Client agrees to update any contact information including name, email and mailing address, and phone number
d. The Client acknowledges that support will only be provided to contact(s) that are listed on the Account
e. The Provider may require from the Client that they supply a valid method of payment to be kept on file on their Account at the time of setup of the Account or for the Order of Services. The Client authorized the Provider to charge that valid payment method for Services provided by the Provider for any outstanding fees for Services.
5. Payment
Services for the Initial Term or Renewal Term are to both paid in advance. The Term will be indicated on the Order and the Client agrees that by submitting the Order confirms acceptance of the Term
All products on this site are sold in USD (United States Dollar); payment in other currencies is subject to exchange rate fluctuations. Currently, all payments must be made via PayPal, or any other payment gateway we enable in the future. No exceptions will be made to these payment methods.
After your payment has been received, your order will be activated by our system. You will receive an email with your account details so you can set up for the website. If you purchase an addon, you will be able to download your products from the client area. Please note all downloads are in the ZIP file format, so you must ensure that you have the appropriate software on your computer for these files.
Payments for all services are required in advance of initial activation or renewal. Failing to pay prior to prior to renewal will result in your account being considered overdue. The Provider can suspend any and all services overdue by more than twenty-four (24) hours. The Provider can levy a fee of up to ten (10) per cent for any overdue payment if not received within five (5) days of the due date on the invoice. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. The Provider can terminate the service if payment is not received by fourteen (14) days after the due date of the invoice.
6. Refunds
Due to the nature of some products we sell (i.e. digitally downloadable products, domains, etc) we are unable to provide refunds under any circumstances for the following products/services:
- Domains
- Add-ons
- Themes
- SSL Certificates
- IP Address
- Shared Hosting
- VPS / Dedicated Servers
No refund can be issued for add-ons and/or themes because once purchased, you will have access to the files we charge for.
No refund can be issued for domains, SSL Certificates, and IP Addresses due to these items being purchased for 1 year up-front. We will be happy to transfer any domain and SSL Certificate to another provider free of charge (The other provider may charge a fee).
7. Chargebacks
Any chargebacks you attempt to make via PayPal or other payment gateways will be argued strenuously by us with reference to these terms and conditions of sale. you must ensure you fully read our terms as well as the description of any files you purchase, as no refunds will be available unless the product you purchased is significantly different as described by us.
In cases where you fail to contact us before purchasing a product, only to find that the product is incompatible with an unsupported feature, a refund will not be given.
8. Illegal Usage
Our Services may only be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory or constitutes an illegal threat. Examples of non-acceptable content or links include, but is not limited to; Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The Client agrees to indemnify and hold harmless the Provider from any claims resulting from the use of the service that damages the subscriber or any other party. The Provider is at the sole discretion as to what constitutes a violation of this provision.
No online pharmacies are allowed on our network. Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited. Legal Adult Content is also prohibited.
9. Suspension and Termination
The Client agrees the Provider may suspend services to the Client without notice and without liability if;
- The Provider reasonably believes that the Services are being used in violation of the Agreements
- The Client fails to cooperate with any reasonable investigation of any suspected violation of the Agreements
- The Provider reasonably believes that the suspension of the service is necessary to protect its network or its other clients, or
- As requested by law enforcement or regulatory agency
- For any overdue payment as outlined in Section 5 – Payment
- If any payment for Services is returned, charged back or disputed to the Provider as outlined in Section 7 – Chargebacks
- If the Client does not provide correct and accurate contact information on themselves, or their identity or as established in Section 4 – Account Setup and Maintenance of Information
The Client agrees the Provider may terminate services to the Client without notice and without liability if;
- The Client has submitted a request through their Account prior to or at the end of the Renewal Term. The Client acknowledges that any fees paid will not be prorated for unused time remaining until the natural expiration of the term.
- The Client has violated an Agreement Term. Terminations for Agreement violations can occur immediately without warning. Data may not be retained, and payment may not be refunded.
10. Backup and Data Responsibility
Unless otherwise described in an agreement with the Client and the Provider, it is the sole responsibility of the Client to maintain backups of their data. The Provider on occasion may opt to provide backups for the Client when not outlined, but it should not be assumed and is not the responsibility of the Provider.
11. Changes to the Provider’s Network
Upgrades or changes to the Provider’s network including but not limited to changes in its software, hardware and Service Providers, may affect the display or operation of the Client’s hosted content or applications. The Provider reserves the right to change its network in its commercially reasonable discretion, and the Provider shall not be liable for any resulting harm to the Client.
12. Limitation of Liability.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY TO THE PROVIDER UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAID THE CLIENT TO PROVIDER FOR TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
These limitations of liability apply to the fullest extent permitted by applicable law but do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or indemnification obligations.
13. Requests for Client Information
Client agrees that the Provider may without notice to the client;
- Report to the appropriate authorities any conduct by the Client or any of the Client’s customers or end users that the Provider believes violates applicable law; and
- Provide any information that it has about the Client or any of its customers or end users in response to a formal or informal request from law enforcement or regulatory agency in response to a formal request in a civil action that on its face meets the requirements for such a request.
14. Force Majeure
The Provider shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond the Provider’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
15. Governing Law/Disputes
The Agreement shall be governed by the laws of the Province of Nova Scotia, exclusive of its choice of law principles, and the laws of Canada, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. THE EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE PROVINCIAL AND FEDERAL COURTS IN NOVA SCOTIA, CANADA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
16. Miscellaneous
a. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.
b. The Client acknowledges that the Provider does not represent nor have the power of authority to bind the Agreement on its Services Providers and that this Agreement is between the Client and the Provider.
c. This Agreement may be amended only by a formal written agreement signed by both parties.
d. The terms on the Client’s purchase order or other business forms are not binding on the Provider unless they are expressly incorporated into a formal written agreement signed by both parties.
e. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement.
f. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
g. The captions in the Agreement are not part of the Agreement but are for the convenience of the parties.
h. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.
i. There are no third party beneficiaries to the Agreement. Neither insurers nor the clients of resellers are third party beneficiaries to the Agreement.
j. The Client may not transfer the Agreement without the Provider’s prior written consent. The Provider’s approval for assignment is contingent on the assignee meeting the Provider’s criteria. The Provider may assign the Agreement in whole or in part.
