Sure Copy Web Hosting Agreement

 

In this Web Hosting Services Agreement:

1 Definitions

In this Agreement capitalized words have the following meaning:

a. “this Agreement” means this Web Hosting Services Agreement;
b. “We”, “Us”, “Our” refers to the partnership known as “Courtenay Copy Centre”;
c. “Web Hosting Services” means the service We are offering to provide You as set out in paragraph 5 below;
d. “Extra Services” means those services described in paragraph 6 below; and
e. “You”, “Your” refers to the party making payment for Our Web Hosting Services

2 Creation of Agreement

We are hereby offering to provide You with the Web Hosting Services described in paragraph 5 of this Agreement and the Extra Services described in paragraph 6 of this Agreement, both subject to the terms set out in this Agreement. You may accept Our offer by making payment to Us of the annual subscription fee set out in paragraph 5 of this Agreement or as we shall mutually agree, in the case of the our Extra Services. Upon acceptance of Our offer, You and We will both be deemed to have agreed to all of the terms of this Agreement.

3 Duration of Agreement

In the case of Our Web Hosting Services, this Agreement has a fixed term of one year commencing on the day You make the payment referred to in paragraph 2 above unless either You or We terminate this Agreement earlier as provided for below. In the event neither You nor We terminate this Agreement, the term of this Agreement will be automatically renewed from the end of the current term for another one year period .

This Agreement may be terminated by either You or Us for any reason by written notice to the other party at least 30 days prior to the expiration of the current term of this Agreement. We also reserve the right to cancel this Agreement on 10 days written notice, for reason of Your non-compliance with its terms.

In the case of Our Extra Services, this Agreement has a term that begins when you make payment of a deposit for our estimated cost of the Extra Services and ends when we have completed the Extra Services which we have agreed to provide.

4 Web Hosting Services

The Web Hosting Services consist of:

a. 1Gb of Server Storage Space;
b. 10GB Monthly Bandwidth; and
c. 5 Domain Email Addresses.

The Web Hosting Services specifically does not include:

a. Your website maintenance;
b. Your domain management or services;
c. Your website design, redesign, re‐alignment or re‐development;
d. Search engine optimization services;
e. CMS design or integration including but not limited to blogs, shopping carts and web forums;
f. Website Migrations;
g. Email support, management or maintenance; or
h. Anything not expressly stated to be part of the offered Web Hosting Services.

We reserve the right to modify or discontinue any of the Web Hosting Services on thirty days notice to You.

5 Compensation for Web Hosting Services

For providing the Web Hosting Services, You agree to pay an annual subscription fee of $80 plus applicable taxes. Payment of the subscription fee may be made before commencement of the term of this Agreement or before commencement of the automatic renewal of the term of this Agreement as provided for in paragraph 3 above. Arrangements for payment of the subscription fee may be made by contacting our offices.

In the event payment of the annual subscription fee is not made by You in the manner, or by the time required by this Agreement, We will suspend delivery of the Web Hosting Services until payment in full of the annual subscription fee is made in accordance with the terms of this Agreement.

Our annual subscription fee is subject to change on notice to You not less than 30 days prior to the end of the current term of this Agreement.

6 Extra Services/Compensation

In addition to offering to provide the Web Hosting Services, We may agree to provide such extra services as You request and We agree, in writing to provide. Compensation for such Extra Services will be at the rate of $75/hour billed in 15minute increments or $18.75 each, plus applicable taxes. A deposit to be applied to the final cost of the Extra Services will be required by Us before provision of the Extra Services can begin. Arrangements for payment of Extra Services may be made by contacting our offices.

7 Your Cooperation

To provide the Web Hosting Services or the Extra Services, We require that You:

a. provide Us with administrator access to the following:

i. Hosting Account via FTP;
ii. Each WordPress or other CMS (Content Management System) platform installation; and
iii. PHPmyadmin

b. allow Us to install any plugins into Your WordPress website, if any;

c. adhere to the requirements of Our Web Site Services, as they are communicated by Us to You;

d. update Your WordPress core files with the most recent available version;

e. install required plugins which are the most recent available version;

f. update Theme files which are the most recent available version;

g. install a caching plugin which shall be active at all times. We recommend W3 Total Cache. (Find the most popular caching plugins here: https://wordpress.org/plugins/search.php?q=cache)

h. install a security plugin which shall be active at all times. We recommend Wordfence Security (Find the most popular caching plugins here: https://wordpress.org/plugins/search.php?q=firewall&sort= )

i. adopt a WordPress user login password by using a service like Identity Safe https://identitysafe.norton.com/password-generator/?password_length=16# )

j. authorize Us to access Your web hosting account (for access to the server via FTP) and WordPress administration, providing active user name / password combinations, assuring that ‘write permissions’ are in place on said hosting provider.

During the term of this Agreement, You acknowledge that, until you request of Us, as an Extra Service, to make modifications to Your website database, plugins or files (other than as needed for regular content management), non-standard changes to the theme that could result in loss of edits, modifications that effect the core of plugins that could result in the loss of edits, such matters shall remain Your sole responsibility. Further, if You allow any other party to makes changes to Your website, any errors that are created will only be prepared by Us as an Extra Service, at Your expense.

We reserve the right to disable Your hosting accounts web or email services if a hack or security thread is found. In such case, You may, as an Extra Service, request that We reactivate services or You may elect to pay a third party to make all necessary correction. Under no circumstances can services be restored until arrangements for corrections are made as doing so may compromise the performance and security to other websites on Our server.

8 Non-Disclosure

Our employees and subcontractors, except as directed by You, will not at any time during or after the term of this Agreement disclose any confidential information about You to any anyone.
Likewise, You agree that You will not convey any confidential information obtained about Us to anyone. You shall not share, re-sell or attempt to share or re-sell the Web Hosting Services, transfer or attempt to transfer Your rights under this Agreement or permit any third party to use and/or access any information obtained from Us for any purpose without Our prior consent.

9 Confidentiality

All confidential information about You obtained by Us as a result of the provision of the Web Hosting Services or Extra Services described in this Agreement shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under this Agreement. Such information shall not be passed on to third party and/or in any way be made use of at any time either during or after the termination of this Agreement save with consent of the other or which comes into the public domain (otherwise than through the unauthorised disclosure by the other).

You shall promptly notify Us if You become aware of a breach of confidence in relation to the Web Hosting Services or Extra Services and shall give Us all reasonable assistance in connection with any proceedings We may institute against a third party at Our expense. Provided Always that We may be required, in the course of maintaining domain names to provide registrars with current registrant information, and You hereby agree to allow Us to do that.

10 Disclaimer

If the Web Hosting Services or Extra Services described in this Agreement become unavailable, then We will use reasonable measures to repair and reinstate those services within 24 hours of detection. If the failure is caused by You or any agent of Yours to whom access to Our website was given then You shall pay all costs to reinstate and/or repair such services. Where such unavailability is due to Our negligent failure to deal with circumstances within Our control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then We will at Our discretion either pay You compensation limited to a refund of the fee paid by You for the unavailable services or provide You with a credit up to the same amount.

Neither We nor anyone else who has been involved in the creation, production or supply of the Web Hosting Services or Extra Services shall be liable to You or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this Agreement or those services for any:

a. economic loss of any kind whatsoever;
b. loss of profit, business contracts, revenues or anticipated savings;
c. damage to Your reputation or goodwill;
d. loss resulting from any claim made by any third party;
e. special, indirect or consequential loss or damage of any nature whatsoever, and You shall indemnify Us from and against any claim which may be made against Us in respect thereof.

11 Notices

Any notice required or permitted to be given pursuant to this Agreement will be sufficiently given if emailed to the party to whom it was sent at the address set out at the top of this Agreement.

Official updates and communication from Us to You will be sent via email.

12 Governing Law

This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and of Canada.

13 Sole Agreement

This Agreement constitutes the sole agreement between You and Us regarding the provision of Web Hosting Services and Extra Services.