TERMS AND CONDITIONS FOR QUALIKOM CANADA INC
WEBSITE AND HOSTING SERVICES.
The undersigned user (the "User" or "You) hereby agrees with Qualikom Canada, 6-295 Queen Street E., Suite#345, Brampton, Ontario L6W-4S6. Canada. Its officers, directors and employees (collectively referred to as "Qualikom Canada or just Qualikom”) that in consideration of Qualikom opening an account (the "Account") for the User to provide access to services or related Reseller access or network Services through Qualikom's website facilities (the "Services"), the User agrees that use of the Services are subject to all of the following terms and conditions which are subject to the terms of services, packages, plans, (the 'Plan") chosen by the user.
SPECIFIC LIMITATIONS
ON USE OFQUALIKOM CANADA’S (*ALL ACCESS)
WEBHOSTING ACCESS SOFTWARE SERVICES, STREAMING SERVICES
Users with a Qualikom Canada RESELLER, WEBADMIN, or FTP Plan or user account or Streaming data services have unlimited access to the Internet on a 24 hr/7 day/365 day basis, subject to the conditions stipulated below. Qualikom's system will not allow more than the contracted permitted number of logins from any plan. In such cases, further access will be denied.
USE OF NETWORK;
All Users connected to the network, are subject to the following terms and conditions for QUALIKOM system usage. To protect service levels for all of our Customers, and to maximize the fair availability of services for all account users, Qualikom reserves the right, from time to time, to change the rate (or threshold) that may be applied per gigabyte of traffic usage thresholds. You also agree that there will be no assignment of any IP address to you in the configuration of these services unless requested and if any IP addresses are assigned, it will be under a different arrangement other than this RESELLER, WEBADMIN, or FTP Plan or user account or Streaming data service/ contract. In the case where IP addresses are provided, it will be provided as a lease, or loan of the address number and a monthly / yearly fee will apply ( See add-ons plan.) IP address space is managed and maintained by an external organization called (ARIN), and Qualikom reserves the right to affect changes to IP assignments as necessary if directed to do so. Qualikom will exercise its best efforts to provide you with as much advance notice as possible, and will work with you should changes be required.
GENERAL CONDITIONS;
1. The User agrees to use the Services only for lawful purposes and not for unauthorized copying, duplication, distribution, display or modification of any material or information protected by copyright or trademark or otherwise lawfully restricted (including, without limitation, software, programs, games and computer code). The User shall not use the Services for any purpose that is contrary to applicable laws or which is a nuisance. The User agrees not to transmit any material that is unwanted, threatening, abusive, obscene, discriminatory (including, without limitation, "hate" literature directed at any identifiable group) or in contravention of any law. The User agrees not to undertake mass‑mail broadcasts of electronic mail (e‑mail) or Usenet postings with the intent of sending unsolicited advertising to other users of the Internet. The User will be responsible for the actions and activities of any party who uses the Services using the User name Identification and password of the User as provided by Qualikom, whether or not such person used the identification and password with the user's consent or knowledge.
2. Qualikom will not be responsible for temporary interruption of Services (whether due to utility service breakdown, excessive users, mechanical breakdown or other reasons) and the User will not be entitled to any refund for any such temporary Interruptions so long as Qualikom is actively seeking to correct the problem. If there is a material increase in the cost of providing the Services (such as, by way of example, an increase in the cost of telephone line charges from any of tax on Internet use) Qualikom will give you 30 days written notice of any increase to the rates of your services. As a result of this notice, you can, within 15 days of receipt of that notice, cancel your agreement with Qualikom without any penalty. You will be responsible for paying any charges you incur up to the date of cancellation. If a charge on your credit card is denied or your cheque or is returned due to nonsufficient funds, you agree to immediately pay a $50 service charge. If you fail to do this within three business days, we will disconnect your services. There will be a service charge of 1.5% per month (18% per year) on any amounts owed to Qualikom that are more than 30 days overdue. You agree to pay Qualikom $50.00 to reconnect Service(s) terminated under this Agreement.
3. Qualikom will provide the Services using currently available technology and will avoid using any hardware, software or methods known to threaten User security. Beyond that, Qualikom makes no warranties of any kind, whether expressed or implied (except those specifically mentioned herein) in relation to the accessibility, accuracy, reliability, safety or quality of the Services. Qualikom does not guarantee the privacy of files or E‑mail or the security of any computer used to access the Services. Qualikom will not be responsible for any damage suffered by any person, organization, group or entity due to loss of data, delay, Non delivery or service interruptions in using the Services, whether or not caused by the negligence, or errors of Qualikom or those for whom it is responsible at law. Qualikom exercises no control and has no responsibility whatsoever over the information passing through the services. Use of any information obtained through the services is at the user's sole risk and user assumes full responsibility for the accuracy, reliability, quality or effect of Information obtained through the services. The user specifically waives any rights to any consequential damages as a result of any failure of the services, including, without limitation, loss of data or hardware, and under no circumstances will Qualikom be liable to the user or any other party for any amount greater than the amounts paid by the User for services, even in the event of the negligence of Qualikom or a fundamental breach of this Agreement. The User agrees to indemnify and hold harmless, Qualikom, their officers, directors, employees and agents from any and all claims resulting or arising from this agreement, the user's use of the services and any breach of this agreement by the User whether or not caused by the negligence or omission of Qualikom or those for whom it is responsible at law.
4. Notwithstanding that the Qualikom billing rates may be referred to or advertised as "monthly", the actual billing period is ninety (90) days, regardless of the length of the current three months. All payments for use of the services are due in advance every ninety (90) days, commencing from the date the user's Plan commences (when the user signs up with Qualikom) and continuing until termination of this Agreement. Any account that is more than 15 days late in any payment will be in default. Payments made by cheque which are returned for NSF (nonsufficent funds) or any other reasons will be in immediate default and subject to an additional returned check charge (currently $50) which must be paid before the account is in good standing. The Plan year will end 360 days after the Plan begins. The installation fee and first month's service charges are payable in advance, and are required before your service can begin. All, all charges are billed in advance every three months. This contract for services will remain in place for a minimum period of one, or two years (whichever term is least three months prior to the end of your service contract, once the contract period has before the end of the contract term.
Selected by the User on the order form) and will be extended automatically for the same period thereafter unless Qualikom receives advance notice of your intention not to continue such service at commenced, should you decide to terminate this contract before the expiration of the full contract period, you agree that you will be obliged to pay Qualikom the full sum of the remainder of the contract period at the existing contract rate. The user is not being entitled to any refund should they decide to terminate the services. The User's access to Services may be restricted and the Account terminated at any time, without notice, if the User is in default of this Agreement and upon such termination Qualikom will have no obligation to make any refund or other payment (including, without limitation, refund of installation fees, prepaid fees or other credits for future Services) to the User. Despite any such termination, Qualikom may pursue any other available recourse against the User, including barring the user from sending E‑mail or other communication to the Qualikom server from another server.
6. Qualikom may, without notice, change the terms and conditions upon which the Services are provided so long as Qualikom continues to provide regular and reasonable Services for the term of this Agreement. Qualikom may terminate this Agreement at any time for any reason without notice to the User and upon such termination by Qualikom, the user will be entitled to request that Qualikom refund any credit that the Account may have for prepaid unused Services and the User will have no other recourse against Qualikom whatsoever for such termination. If the User voluntarily terminates this Agreement or if the Account is terminated due to the default of the User, the User will not be entitled to any refunds from Qualikom whatsoever.
7. All communications and notices between Qualikom and the User will be conducted through E‑mail unless otherwise agreed to by an authorized representative of Qualikom. All such communications and notices will be deemed received by the User three days after being sent by E‑mail by Qualikom. The User specifically agrees that Qualikom has no obligation to send any other notice to the User, even in the event of default. All notices from the User for modifications, changes, upgrades or termination of Services will be effective only if presented to, and received by, Qualikom in writing or via E‑mail. Such notices sent to Qualikom by the User must be confirmed by return E‑mail to be effective.
8. Each of the services is provided "as is" and "as available," without warranty of any kind, except those specifically mentioned herein for Qualikom Canada’s RESELLER, WEBADMIN, or FTP Plan or user account or Streaming data services. Qualikom does not warrant uninterrupted use or operation of any service, or that any data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time. All representations, warranties, endorsements and conditions of any kind, express or implied, including without limitation, warranties of title or non‑infringement and any implied representations, warranties and conditions of fitness for a purpose and merchantable quality and those arising from a course of dealing or usage of trade are hereby excluded. Qualikom shall have no liability to you for patent or copyright infringement or misappropriation of trade secrets with respect to any service provided by any third party through Qualikom. Your course of action, in the event of any such claim with respect to any service, shall be solely against such third party.
9. Neither party is liable for failure or delay in performance hereunder which is proximately caused by strikes, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, governmental action, labor conditions, or other cause beyond its reasonable control. The failure to make any payment required under this Agreement shall never be excused under the above conditions stated in section 9.
10. Qualikom may by written notice to the User, cancel the Services if the user:(i) fails to perform or comply with any of the provisions of the order form or the Conditions of Service and Use (ii) commences any proceeding seeking relief or protection under any bankruptcy or insolvency laws,(iii) seeks to liquidate, dissolve or wind up its business or (iv) makes an assignment for the benefit of creditors for all or substantially all of its assets.
SPECIFIC TERMS AND CONDITIONS CONCERNING ACCESS RIGHTS
11. On the following terms and conditions, Qualikom agrees to provide the User with certain level of access rights that is dependant on the chosen service plan.
12. This agreement provides only for the ACCESS RIGHTS OF THE USER. Qualikom maintains the right to substitute, repair, remove, change or otherwise alter the rights of the account in whatever way it sees fit and at any time it deems appropriate.
13. Access codes are provided to the user until such time as the User ceases to continue Using QUALIKOM CANADA’S RESELLER, WEBADMIN, or FTP Plan or user account or Streaming data services. The access codes are provided for use solely by the User and only in connection with the paid account. Qualikom agrees to act reasonably and will not terminate or interrupt the User's access to its network without good reason.
14. The User will use the access rights properly and only for its intended use. The User will not remove, disassemble, misuse, tamper with, modify or attempt to program, configure, turn off, or otherwise deal with the software, except with the prior express permission, knowledge and assistance of Qualikom.
Signature;
Company Name;_________________________________________________________________
Address:_______________________________________________________________________
Name;_______________________________________ Date:__________ Phone:_____________
Signature;____________________________________ Position:__________________________
Service / Plan;__________________________________________________________________ |
