$1 or $2/day Website Package
The "Fine" Print
MiltonWeb.ca Inc.. (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 Ontario, Canada.
Nature of Service: With our $1 and $2/day contacts we will provide website design and/or website hosting services. Minimum length of contract is 365 days. Regular design fees are waived. The $1/day or $2/day packages include: Website, all Graphics, Content Management System (CMS), Hosting, Email and Control Panel.
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.
Length of Contract: All $1/day or $2/day website packages are 365 days in length. The term will last for no less than 365 days. Early cancellation fees include the balance of the contract term, in full, upon cancellation. After the initial 365 days client may cancel at any time with no penalty.
Account Cancellation: Either party can cancel this Agreement for any reason after the initial 365 days with 30 days written notice (email is acceptable).
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 beyond the initial 365 days, 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. You ALWAYS own your domain name. We will assist fully in transferring the domain name to your choice of registrar.
Ownership of Files: With our $1/day and $2/day websites your only cost is incurred monthly or quarterly. Files, databases, software, images and all design related files are the property of MiltonWeb.ca. You may, at any time, purchase the entire website in the form of a ZIP file that contains all databases, software and images that were present under your domain name as of the date of cancellation. The cost in this case is $500. 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 MiltonWeb.ca (including, but not limited to, Registration and Membership System, 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 MiltonWeb.ca and you will be liable for damages to us for any such use, sale, copy or distribution without the MiltonWeb.ca’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 MiltonWeb.ca 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 MiltonWeb.ca. You further acknowledge that MiltonWeb.ca’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 MiltonWeb.ca 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.
You shall not transfer or assign this Agreement without the prior written consent of MiltonWeb.ca. We may assign this Agreement at anytime without consent from or notice to you.