The following Agreement is between managed hosting provider and domain name registrar BC Web Inc. (“BC Web”) at 3855 2nd Ave, Smithers, BC, Canada and the customer (“Customer”). The agreement is made effective as of the date of the verbal, written, or otherwise communicated intention of the Customer to utilize the services (“Services”) of BC Web.
The parties agree as follows:
This agreement is intended to cover any and all managed hosting and domain name registration Services provided by BC Web for the Customer. This service level agreement contains the entire understanding between BC Web and Customer and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between BC Web and Customer. Customer acknowledges and agrees that its entire right relating to BC Web Services are as set forth in this agreement and hereby waives all other rights that it may have by implication of law or otherwise.
Subject to the terms and conditions of this agreement, BC Web agrees to provide the managed hosting Services requested by the Customer. Subject to Customer’s right to terminate this agreement in accordance to Section 4.3 of this agreement, BC Web reserves all rights, including but not limited to expanding or contracting the scope of BC Web’s Services at any time without notice, as well as the right to reject any request for Services.
The initial term of this Agreement is stated in the Order (“Initial Term”). The Initial Term shall not commence until BC Web accepts and confirms the request from the Customer.
Unless terminated by BC Web or in accordance with Section 4.3 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate.
The Customer agrees to pay BC Web, without limitation, for services provided. Customer is fully responsible to ensure payment of any and all amounts due, are paid on time independently of receiving any invoices or billing notifications from BC Web.
Customer is responsible for keeping their contact and billing information up-to-date and accurate, including but not limited to a properly functioning and reachable email address and telephone number.
Invoices may be provided as a courtesy to Customer by any or none of the following: mail, email, or upon request, fax. BC Web assumes no responsibility for invoices lost or not received. Dollar amounts and costs indicated for all BC Web services are in Canadian currency, unless otherwise stated. Payment for all BC Web services is billed quarterly or annually (as agreed in the Initial Term) and due prior to the upcoming term. BC Web reserves the right to refuse acceptance of any form of payment or terms. Service and/or handling fees above and beyond those listed may apply at the discretion of BC Web.
4.1 Overdue Accounts - Customer accounts may be cancelled with or without warning if any and all customer accounts are not paid up-to-date. If BC Web chooses in good faith to maintain Services for accounts in arrears, Customer will be subject to interest charges (rate specified on invoice) without notice. NOTE: If an account is canceled, BC Web makes no provision for the recovery of data and settings in the event that it is reconnected.
4.2 Other Charges - Customers will pay all sales and value-added taxes, duties or levies imposed by any authority, government, government agency or commission or crown corporation in connection with the hosting and related services as provided under this agreement.
BC Web reserves the right to charge the Customer standard hourly rates $60/hour Canadian ($30 minimum per instance) to cover the resolution of excessive or unusual problems or complaints.
4.3 Cancellation Policy - All hosting contracts, unless otherwise negotiated, are quarterly or annual. The cancellation of any quarterly or annual hosting contract by the Customer MUST occur in clear written terms (via email, fax, or mail) and must be received by BC Web from the Customer. Receipt of cancellation notice must occur thirty (30) days prior the next term. There are no partial refunds or credits for early cancellations. All payments to BC Web Inc. are final and refundable only at the discretion of BC Web.
4.4 Bandwidth Usage - Monthly bandwidth overages will be billed to Customer at regular rates without further notice on a monthly basis. If bandwidth overages become excessive during any given billing period BC Web may at its discretion bill and collect for the overages without notice to Customer.
Customers shall at all times comply with and help ensure that they and their clients comply with the terms and conditions of the current version of the Acceptable Use Policy. Customer agrees that BC Web may amend the terms of the Acceptable Use Policy from time to time by posting a new or different version. Violation of the terms set forth in BC Web’s Acceptable Use Policy will result in an immediate and indefinite suspension of Customer’s services solely at the discretion of BC Web.
BC Web endeavors to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with BC Web we guarantee that our network is available 99.99% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the software running on your server. Network downtime is measured from the moment the Customer notifies a BC Web support representative of a network failure to the time the Network responds to an external “ping” request. Notification of network failure must occur at the time of the outage and not after the fact. If network downtime exceeds .01% in a given month, the Customer will be credited 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer’s monthly hosting fee. Credits shall not be provided to the Customer if network downtime is the result of: a) scheduled maintenance, b) circumstances beyond BC Web’s reasonable control, including, but not limited to: DOS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government, acts of god or, c) breaking this Agreement or BC Web’s Acceptable Use Policy.
The Customer agrees that it may be necessary for BC Web to temporarily suspend services for technical reasons or to maintain the BC Web network, the Equipment or any other facilities, the timing of which will be as determined by BC Web. Such suspension of the Services will not be an interruption of BC Web Services for the purpose of calculating network availability or the Customer’s entitlement to credit for network interruption.
BC Web may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of BC Web Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer’s entitlement to credit for network interruption.
BC Web offers data backup services for your critical data files. We make every effort to ensure the reliability of this process. However, because of technical issues regarding backups on live servers and the possibility of data corruption on backup and restore, BC Web cannot guarantee any data can be fully restored. The Customer will hold BC Web without penalty or liability for any claim resulting from a failed backup and/or restore procedure.
A compromised or “hacked” account is a serious threat to our network. BC Web, at its sole discretion, will take any and all measures to prevent a compromised account from doing additional damage to its own system and files or to the rest of the network. BC Web may at its discretion charge a reconnect fee of $25 for any server that has been disconnected due to compromise or other Acceptable Use Policy violation.
Determination that a server has been compromised:
By the Client - If you believe your account may have been hacked, immediately report the situation to BC Web technical support. BC Web will examine your account and may implement additional monitoring of your system.
By BC Web - If a BC Web System Administrator believes an account on our network is compromised, BC Web will: 1) disable the account, 2) contact the client, and 3) provide evidence of the server being “hacked.”
The Customer shall not display or otherwise use any trade mark, trade name, logo, symbols, coined word or combination of words used by BC Web or permit the same to be displayed or otherwise used in connection with any business conducted or controlled by the Customer except as may be specified or approved by BC Web in writing.
If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy then BC Web may terminate this agreement at any time and without prior notice.
12.1 Discretionary Suspension or Cancellation of Services - BC Web reserves the right to refuse, suspend or cancel services provided to Customer for any reason BC Web deems necessary or warranted, including but not limited to, abusive or belligerent behavior, excessive administrative issues, consistent delinquent or late payments. BC Web may exercise this right at any time without prior warning or further explanation to Customer.
BC Web is not responsible for any loss of data or downtime resulting from willful, accidental, or mistaken disconnection or cancellation of an account.
Customer acknowledges and agrees neither BC Web nor any of its members, shareholders, directors, officers, employees, or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, BC Web or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of BC Web, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to BC Web for one month of service under this agreement.
Customer will indemnify and save harmless BC Web and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against BC Web or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer’s negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.
This agreement shall be interpreted in accordance with and be governed in all respects by the laws of the Province of British Columbia and the laws of Canada applicable therein. The courts of British Columbia shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this agreement or any alleged breach of this agreement. The parties each attorney irrevocably to the jurisdiction of such courts.
Customer acknowledges that it accepts all risk of any unauthorized or illegal use of the BC Web network or any inter-connected network by third parties. BC Web provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer’s server/network.
The Customer is solely responsible for all aspects of their online store or e-business. This includes, but is not limited to:
BC Web assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use BC Web IP addresses not assigned to them. BC Web maintains ownership of all IP addresses that are assigned to Customers and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of ARIN. These policies dictate that name-based hosting MUST be used whenever possible. BC Web reserves the right to periodically review IP address usage and revoke authorization to use those IP addresses not being utilized or where name-based hosting could be used.
For the purposes of Network, Server maintenance, inventory and related activities, BC Web staff and management retain the right to administrative access to any and all accounts on their network. To facilitate this, all BC Web accounts may include a BC Web administrative account designed for these purposes. See Acceptable Use Policy for more details.
BC Web Inc.
3855 Second Ave - Box 190
Smithers, BC, Canada V0J 2N0
© 2014 BC Web Inc.