TERMS AND CONDITIONS OF USE (TOS)
As a viewer and/or user of the service, you hereby agree to adhere by applicable Acceptable Use Policies, agreements, and any other regulations that are applicable to your service. Information can be found on NorthDesigns.
By accessing the NorthDesigns website or services, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.The materials contained in this web site are protected by applicable copyright and trade mark law.
****Terms listed in the signed Project Contract / ATP supersedes terms listed below.****
A. Unsolicited E-mail/Black Listing
“IP Black Listing” is an occurrence when a third party black listing service determines that an NorthDesigns issued IP address is a frequent source of Unsolicited E-mail or other illegal activity. Black Listings result in the IP address (or multiple IP addresses in the same “IP range / block”) being unable to send E-mail to certain third parties.
The materials on NorthDesigns’s web site are provided “as is”. NorthDesigns makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NorthDesigns does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall NorthDesigns or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on NorthDesigns’s Internet site, even if NorthDesigns or a NorthDesigns authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
D. Revisions and Errata
The materials appearing on NorthDesigns’s web site could include technical, typographical, or photographic errors. NorthDesigns does not warrant that any of the materials on its web site are accurate, complete, or current. NorthDesigns may make changes to the materials contained on its web site at any time without notice. NorthDesigns does not, however, make any commitment to update the materials.
NorthDesigns has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site.The inclusion of any link does not imply endorsement by NorthDesigns of the site. Use of any such linked web site is at the user’s own risk.
G. Governing Law
Any claim relating to NorthDesigns’s web site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.
H. Late Payment
NorthDesigns reserves the right to charge a late fee of 15% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.
I. Non-payment Termination
In the event you fail to pay your invoice before or on the due date, we reserve the right to suspend any or all services on your account or terminate services entirely.
If you are terminated for non-payment, we also reserve the right to refer your account to a “third party”, or collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on debt.
J. Overage Billing (Applies to HOSTING service)
Overage is defined as usage of the Services provided by NorthDesigns to you in excess of the allocated limitation. Overages are charged for resource allocation, Backups, Bandwidth, Professional Services, etc. used in excess of the amount allocated to your product or service
You agree to pay the Overage fees and charges for the services, including backup and bandwidth overage fees, upon receipt of an invoice. Overage rates are set and published on our website at the respectable service page, or modified through a support ticket response. Usage information is available by submitting a support ticket.
Overage fees can be avoided by subscribing to a higher service plan.
K. Cancellation and Refunds
To submit a cancellation request, please login to the billing control panel, go to “My Products Services”, select the product, and click on “Request Cancellation”. Please note that if you have any open invoices, the invoices must be more than 48 hours from being due to be cancelled and avoid further fees. If you cancel in the forty eight hour period from when your invoice is due, the invoice will not be cancelled and you will be held responsible for paying it, or a stated percentage of it dependent on cancellation terms. When you request cancellation, please note we are not able to provide scheduled cancellations and all cancellations are effective immediately. NorthDesigns generally cannot issue pro- rated refunds for cancellations received in the middle of a payment cycle.
L. Termination and Money Back Guarantee
You agree to a month to month term for the Services unless otherwise agreed to in writing.The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming billing date. Closing your account can be done by contacting NorthDesigns through the support ticket system. After your account is closed, all services will be terminated and pro-rated refunds can be provided in some cases.
NorthDesigns may terminate this Agreement effective immediately and without notice upon any breach of any of the terms of this, or any other agreement. In such event, NorthDesigns shall have no obligation to refund any fees.
If client has retained the services for one year and has pre-paid NorthDesigns for such services, refunds will be issued for 50% of the unused full month of the services, upon client’s request. Therefore, if client’s account is cancelled at any point during the one-year term, client will be entitled to a refund for 50% of the months remaining, after notice given by the 25th day of the preceding billing cycle / period. (Applies to hosting / recurring services)
M. Account Deactivations
Any account deactivated or closure due to non-payment or request will require a reactivation and administration fee of $30 (total) prior to reactivation and may incur late fee charges.
N. Chargebacks and Payment Disputes
Under thisTerms of Service agreement you must first contact NorthDesigns to attempt to resolve any billing disputes before contacting your bank, credit card company , payment gateway, etc. to dispute the charges.You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our servicesYou agree to the above policy and to contact NorthDesigns before contacting your financial institution to seek a resolution.
A $35 administration fee will be charged as well as applicable late fees.
In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
O. Promotional or Special Offers: Pre-payment Offers
From time to time, NorthDesigns may offer discounted pricing for initial introductory periods (ex. discounted fees for the first months service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month’s service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. All promotional offers are 100% non-refundable and you agree to pay for such required terms.
These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (ex. “One Month Free DDos Protection”) require the Client, to contact NorthDesigns prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and you, the Client, agree to pay, in full, the full monthly rate, unless You cancel in advance. (See Cancellation and Refunds)
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities, such as service registration where given information must be accurate and complete.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
NorthDesigns and/or partners may collect and use Users personal information for the following purposes:
– To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
– To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
– To improve our Site
We may use feedback you provide to improve our products and services.
– To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the applicable service.
– To run a promotion, contest, survey or similar programs.
To send Users information they agreed to receive about topics we think will be of interest to them.
– To send periodic emails about our services
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated January 2016