YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE CLIENT AND YYCNET INC. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY YYCNET INC. INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
I. “Agreement” means the terms and conditions as detailed herein including all Exhibits, other policies mentioned on the website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time
II. “Content” means text, graphics, images, music, audio, video, information or other materials.
III. The official language of these terms shall be English.
IV. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
V. “Copyright Policy” means the copyright policy of the website which is incorporated into these terms.
VI. “Services” means the online web presence services offered by the Website via its website to its client/customer.
VII. “Work Product” means any and all websites, reports, documentation, files, media and other materials created or produced by Website in connection with the Services rendered hereunder shall be deemed “Work Product.”
I. The official language of this agreement shall be English.
II. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
III. Words in the singular mean and include the plural and vice versa.
IV. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
3. SCOPE OF SERVICES:
I. YYCNET INC. (from now on used as YYCNET) offers full web presence services to its clients for a certain consideration as stated in clause 3 of this agreement. Web presence services offered hereunder include, but not limited to, the following:
a) Website design;
b) Website development;
c) Website hosting;
d) Website maintenance;
e) Website Support.
II. In addition to the above web presence services, YYCNET also offers additional services such as Search Engine Optimization, Online Booking and more advanced functionalities at very reasonable charges. Website’s SEO experts help clients in improving the ranking of their websites so that it attracts major chunk of traffic and makes client’s business or brand popular on the web.
III. YYCNET offers convenience and peace of mind to its clients by understanding their business needs and customizing the web presence to meet those needs.
IV. YYCNET after developing the website for the client as per client’s needs/requirements shall intimate the client about the entire amount incurred to the Website in developing the said website for the client hereunder (hereinafter referred to as the “Initial Investment”).
I. YYCNET shall take a period of 30 days to 90 days (hereinafter referred to as the “Completion duration”) for setting up, developing client’s website and making it completely functional. The Completion duration will commence from the date of receipt of the order and written content. I no event will YYCNET be liable for not meeting 90 days period.
II. The website will be accessed using the domain name specified by client at the time of ordering. It may take up to 72 hours for a newly registered or transferred domain name to become fully active.
III. Once the website’s setup is complete, YYCNET will create a set of revisions for the website created by YYCNET for the client hereunder.
I. Clients shall be required to pay the fee as mentioned on the website based on the specifications provided by the client.
II. The payment can be made via:
· Valid credit card;
III. Unless otherwise stated, all prices/fees are quoted in Canadian Dollars.
IV. YYCNET uses third party payment providers to receive payments from clients.
V. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
VI. YYCNET reserves the right to refuse to process transactions by client with a prior history of questionable charges including without limitation breach of any agreements by the client with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
VII. The client acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
VIII. YYCNET reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
IX. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
X. For domain name registration, client shall be required to pay YYCNET on a yearly or bi-yearly basis. Once the domain name has been registered, client shall not be entitled to request for a refund.
6. DISCONTINUATION OF WEBSITE’S SERVICES AND CHANGING THE HOST:
I. If the client desires to discontinue using YYCNET services then the client shall provide 30 day notification notice to YYCNET.
II. Client can take its website created by the YYCNET hereunder to another host provided the client pays to the YYCNET, the initial investment as stated in this agreement. In addition to this the Website shall also charge a nominal fee for separating the site and for providing the necessary files to the client. Nominal separation fee will be Hundred and Fifty Canadian Dollars.
III. The minimum charge for separating website built under “Small Business Plan” is One Thousand Canadian Dollars ($1,000.00 CAD), under “Corporation Plan” Two Thousand and Five Hundred Canadian Dollars ($2,500.00 CAD), and under “Enterprise Plan” Four Thousand Five Hundred Canadian Dollars ($4,500.00 CAD). The charges may increase as per the complexity of the website and the time put in developing client’s website by the YYCNET The exact cost for separating website will be provided to the client by YYCNET upon request.
IV. The domain, if purchased by YYCNET for client, shall be the property of YYCNET and be leased to client on yearly or bi-yearly basis. In the event the client wants to claim ownership of the domain the minimum domain transfer out charge of $2,000.00 CAD will apply per domain.
V. The website created for the client shall be the property of YYCNET In the event the client wants to claim ownership of the website the minimum charge outlined under section III of the DISCONTINUATION OF WEBSITE’S SERVICES AND CHANGING THE HOST will apply.
VI. YYCNET reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice.
7. ORDER CANCELLATION:
I. Any cancellation of order must be made prior to next month’s payment date.
II. The website created by the YYCNET for the client hereunder shall remain online until the expiration of the preceding month’s payment. In case of order cancellation, no further payments will be requested from the client.
I. Client shall be required to request for a refund via email.
II. Refunds requested on grounds of YYCNET non-performance will be provided for the preceding month.
III. For bespoke services, refunds shall be offered according to YYCNET management’s decision.
I. Downtime is any period of time greater than 3 consecutive hours in duration, in which clients will not be able to use the service for its intended purposes, including searching, viewing results, browsing website content and following links to resources. Downtime may manifest itself as the inability to complete actions due to application errors, or may result from slow performance. YYCNET shall be the sole party responsible for measuring and reporting downtime.
II. While the YYCNET operates the Service in a manner that is designed to be available 24 hours per day, 365 days per year, it reserves the right to plan maintenance that would cause Downtime. It shall limit downtime due to planned maintenance to less than 24 hours per year.
III. YYCNET shall not at any time be liable/responsible to compensate the client for downtime, whether the downtime be caused by client, by YYCNET or YYCNET upstream providers.
10. YOU AGREE AND CONFIRM:
I. That you will use the services provided by YYCNET, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
II. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of YYCNET and / or our affiliates without prior intimation whatsoever.
III. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
11. YOU MAY NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES:
I. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
II. Transmitting material that encourages conduct that constitutes a criminal offense results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
III. Interfering with any other person’s use or enjoyment of the Site.
IV. Breaching any applicable laws;
V. Interfering or disrupting networks or web sites connected to the Site.
VI. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
12. COPYRIGHT & TRADEMARK:
I. Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of YYCNET or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of YYCNET. You cannot modify, distribute or re-post anything on this website or any of the websites built by YYCNET for any purpose.
II. YYCNET names and logos and all related products and service and our slogans are the trademarks or service marks of the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
III. If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect our clients to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. identification of the copyrighted work claimed to have been infringed;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Your contact information, including your client name, and an email address;
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
Notices regarding our website should be sent to: Copyright@yycnet.ca
13. COPYRIGHT DISCLAIMER:
I. If you ever receive any copyright infringement on any of the items on your website or other copyrighted material accessed by you through our website, then you shall not hold YYCNET liable for any such infringement claims. We shall neither be responsible nor be held liable for any Copyright Infringement in regard to any templates or any material accessed by you through our website.
II. In case of any claims of copyright infringement received by you shall immediately notify us and we shall contact the original Licensors and shall try our best to put into your knowledge all the relevant information required by you to know about the Copyrights owned by the original Licensors.
I. All information, drawings, specifications, documents, and other data which the parties may have imparted and may from time to time impart to each other in relation to their business, product, Customers/clients, prices, services, requirements including any technical specifications, process and methods is proprietary and confidential.
II. The parties hereby agree that they shall use such confidential information and all other data solely for the purposes of this Agreement and that they shall not, at any time during or any time after the completion, expiry or termination of this Agreement disclose the same whether directly or indirectly, to any third party without each other’s prior written consent.
III. The Parties further agree that they shall not themselves or through any subsidiary or agent sell, license, sub-license, create, disseminate, publish develop or otherwise deal in any confidential information supplied to them by the other party or obtained while performing this Agreement.
IV. The parties hereby agree that the breach of this “Confidential Information” clause shall cause material damage to either party and either party shall have right to take appropriate legal actions against the other party who breaches this clause.
Client agrees to defend, indemnify and hold harmless YYCNET, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon client’s actions or inactions, which may result in any loss or liability to YYCNET including but not limited to breach of any of the provisions hereunder and/or non-fulfillment of any of client’s obligations under this Agreement or arising out of client’s violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
I. We may, at any time and without notice, suspend, cancel, or terminate your right to use the website built for you by YYCNET (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
II. Without limiting the foregoing, we may close, suspend or limit your access to our website or the website that YYCNET built for you:
a. if we determine that you have breached, or are acting in breach of, this Agreement;
b. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
c. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
d. to manage any risk of loss to us, a Client, or any other person; or
e. For other similar reasons.
III. If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
17. DISCLAIMER/NO WARRANTY:
I. YYCNET offers its services to the clients without any warranties or guarantees and in an “As Is” condition. Client shall bear the risks associated with the use of the services offered by the YYCNET hereunder.
II. YYCNET does not guarantee that the services provided to the client hereunder will perform well on popular search engines such as Google. YYCNET cannot predict how long will it take for client’s website to get listed or achieve higher ranking on search engines. YYCNET offers search engine optimization services and client can get more information on it by checking Website’s Search Engine Optimization page. Client has the right to ask for site examples that are performing well through YYCNET’s SEO services.
III. Website does not make, and hereby specifically disclaims, and client releases and waives, any and all warranties of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular use and purpose, non-infringement, title, or any warranty arising under statute or otherwise in law or from a course of dealing, course of performance, usage or trade practice. Without limiting the generality of the foregoing, Website does not warrant that the services provided to the client hereunder will be accurate or will meet client’s requirements, will operate in any combination that may be selected for use by client or in combination with other software, or will operate uninterrupted or error free. Furthermore, Website does not warrant that any errors, defects or inefficiencies will be corrected, nor does Website assume any liability for failure to correct any such error, defect or inefficiency.
IV. Website makes no warranty, and client assumes the entire risk, as to the integrity of any data and the results, capabilities, suitability, use, non-use or performance of the services hereunder. In no event shall Website be liable to client for any damages resulting from or related to the use or performance of the services provided hereunder.
V. Website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the services provided hereunder or this Agreement.
18. GOVERNING LAW AND JURISDICTION:
I. This agreement shall be construed and enforced in accordance with the laws of Canada.
II. The Parties submit to the exclusive jurisdiction of the courts of Alberta, Canada.
III. In any action or suit to enforce any right or remedy under this agreement or to interpret any provision of this agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and other expenses.
All Personal Information and Client Generated Content provided to or displayed on the Site are subject to our Privacy Statement.
20. LEGAL COMPLIANCE:
I. In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
II. You alone, and not YYCNET, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in Canada and all other countries.
III. You should comply with country and state regulations.
21. DISPUTE RESOLUTION:
I. DISPUTE BETWEEN YOU AND YYCNET:
i. Generally, transactions are conducted smoothly on our website. However there may be some cases where YYCNET and you may face issues. A ‘Dispute’ can be defined as a disagreement between you and YYCNET in connection with a transaction on the Website.
ii. In the interest of resolving disputes between you and YYCNET in the most expedient and cost effective manner, you and YYCNET agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND YYCNET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
iii. The seat of Arbitration shall be Alberta and the language used for arbitration shall be English.
iv. The award of the arbitration shall be binding on both, you and YYCNET.
v. The suits which are impliedly or specifically barred by this agreement shall be opposed by YYCNET by pleading this agreement.
22. MEDIATION AND ARBITRATION:
I. In the event a dispute arises out of or in connection with this Agreement, the Parties shall attempt to resolve the dispute through friendly consultation.
II. If the dispute is not resolved within a period of 150 Hundred and Fifty days from the date friendly consultation started then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues shall be submitted to final and binding arbitration in accordance with the Arbitration laws of Canada then in force.
III. The venue for arbitration shall be Alberta, Canada and the language used in arbitration shall be English.
IV. The decision/award of the arbitrators hereunder shall be final and binding on both the parties.
I. By using the Site and Services, you accept that communication with YYCNET will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website.
II. You acknowledge that all contracts, notices, information and other communication YYCNET may provide electronically comply with any legal requirements that such documents are in writing.
III. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
a. For letters, the letter was properly addressed, stamped and placed in the post; and
b. For emails, the email was sent to the specified email address.
24. LINKS TO OTHER WEBSITES:
Links to third party Websites on this Website are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. YYCNET has not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. YYCNET do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this Website, you do this entirely at your own risks.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement shall in no way be affected, impaired or invalidated as a result.
26. BINDING EFFECT:
I. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Party’s successors, assigns, executors, administrators, beneficiaries, and representatives.
II. Client shall not have the right to assign this agreement and/or its obligations/duties hereunder to any third party without the prior written consent of the YYCNET.
27. INJUNCTIVE RELIEF:
Client acknowledges and agrees that in the event of a breach or threatened breach of this agreement by client, YYCNET will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this agreement.
28. NO WAIVER IMPLIED:
The failure of YYCNET to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect YYCNET’s right to enforce each and every such provision thereafter. The express waiver by YYCNET of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each clause shall be deemed to be severable. If any clause or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other clause.
I. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining YYCNET’s prior written consent, which may be withheld in YYCNET’s sole discretion.
II. YYCNET may assign its rights and delegate any of its obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
I. Termination of this agreement for any cause whatsoever shall not release a party from any liability which, at the time of termination, has already accrued to the other party or which may thereafter accrue in respect of any act or omission prior to such termination.
II. Each party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this agreement.
32. FORCE MAJEURE:
YYCNET shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond YYCNET’s control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
33. DIGITAL SIGNATURES:
I. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you accept this agreement and start using our services. Your acceptance of this agreement implies that you are able to electronically receive, download, and print this Agreement.
II. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give YYCNET permission to provide these records to you electronically instead of in paper form.
III. In order to ensure that YYCNET is able to provide records and notices to you electronically, you must notify us of any change in your email address by contacting Customer Support.
34. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and YYCNET and supersede any other agreement or understanding (written, oral or implied) that you and YYCNET may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
35. CONTACT US:
For any further clarification of out Terms and Conditions, please write to us at Legal@yycnet.