Our terms of service

These terms form the basis of all hosting and work agreements between Total Website Management and its Clients.

Hosting

• The Hosting Provider will provide the Hosting and/or other services to the Client.
  
  
• The Hosting and/or other services shall be provided on a month to month basis or longer period as may be agreed between the parties.
  
  
• Disk space and bandwidth covered by the Service Fee for Hosting will be agreed upon by the parties prior to the hosting agreement taking effect.
  
  
• As bandwidth increases so too will the monthly service fee increase and in any month where the bandwidth exceeds the allowance included in the Service Fee and amount of $2.00 per each excess gig will be added to the account for the next billing cycle.
  
  
• Free hosting provided with new sites built for clients will be limited to 5 gig of transfer per month and 5 gig of diskspace.

Payment

• The Client will pay the Hosting Provider the Service Fee for Hosting and/or other services provided.
  
  
• Payment for hosting is due and payable within seven days of the first day of the month for each billing cycle or other billing cycle agreed on between the parties.
  
  
• Payment for work done other than hosting is made on the basis of 50% of the full payment paid before work commences and the balance paid within seven days of completion. When the work done involves developing a new website the balance is payable before the website goes live. Interim payments may be made as agreed between the parties.
  
  
• The Hosting Provider will invoice the Client at the beginning of each billing cycle.
• Accounts that remain outstanding 72 hours after the seven days referred to above will be considered a bad debt and hosting and/or work for that account will be suspended. Where other work such as website development, alterations to a website, data analysis or any other form of work is done for a client who already has websites hosted with Total Website Management those websites will be removed from the Net pending settlement of the account, Work and hosting will not re-commence until the outstanding account and all other accounts that may be due are paid in full.
  
  
• Any hosting for a website that has been suspended will not be re-instated until a $50.00 service fee has been paid.
  
  
• For the purposes of these terms payment is considered to have been made when the amount due appears in the bank account of Total Website Management as a cleared item or cash is paid in person. Cheques and direct deposits made into the bank account of Total Website Management will not be treated as payment having been made until the amount paid has been cleared by the bank.

The Customer Content

• The Client grants the Hosting Provider a limited, non-exclusive, royalty free, non-sublicensable licence to the Hosting Provider to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify, create derivative works from, and otherwise use the Client Content as necessary to provide the Services to the Client.
  
  
• Work will not commence on any project until the Client has provided all the content that will be used on the project. Where content is of a technical or industry-specific nature the responsibility of providing that content lies completely with the Client. The content must be specific and in a form that is useable by Total Website Management to complete the project.
  
  

Acceptable Use

• The Client will adhere to all applicable laws, rules and regulations.

Archiving Data

• The Hosting Provider will archive the Client’s data onto backup mechanism on a regular basis unless otherwise agreed with the Client.

Warranty

• All warranties, conditions and representations whether express or implied other than express warranties stated by the Hosting Provider in writing are expressly excluded except in circumstances whereby the Hosting Provider is by law unable to exclude or limit such liability.

 Termination

• Either party may terminate this Agreement by giving the other party 30 days notice of its intention to terminate.

Confidentiality

• The Hosting Provider agrees that it must not use the Confidential Information for any purpose other than for the benefit of the Client during or after the period during which there has been a Client/Provider relationship
  
  
• The Hosting Provider agrees to return to the Client any or all of the Confidential Information on the request of the Client.

Total Website Management reserves the right to alter these terms of service at any time and without notification.