Terms of Contract, Termination, and Renewal.
• All contracts are on a recurring basis. Client shall pay Company recurring fees (hereinafter “Recurring Fees”), plus bandwidth charges as outlined on the invoice (see invoice). Pre-payment of recurring fees is due by the time stated on Company’s invoice. Amounts past due may result in the termination of Client’s account, or additional charges to be added to the account. Taxes, special services, and third-party charges will be included on the invoice (although not necessarily separate). Client shall pay all taxes, fees, and governmental charges. Company may change prices without notice and it is the Client’s responsibility to check the website for updates. Grandfathered accounts will not be affected.
• All cancellations by Client of service or changes in service must be done in writing to Company. It can be done by email (firstname.lastname@example.org) or via regular postal to Jon Sheppard Media, Box 238 Drumheller, AB T0J 0Y0. A 30-day money back guarantee is offered on hosting plans. If cancellation is requested within 30 days of initial setup date, then the full hosting fees will be refunded. After 30 days, refunds will not be issued for any unused hosting time. The following methods of payments are non-refundable, and refunds will be posted as a credit to the hosting account: bank wire transfers, Interac Email Transfers, online payments, cheques, and money orders. There are no refunds on dedicated servers, install fees for custom software, domain name purchases, or SSL purchases. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
• Should the request for cancellation or change of domain registration management and/or hosting be submitted within 180 days (6 months) of domain renewal being completed by the Company, the Client agrees to pay for the costs of domain renewal for the term indicated by the renewal. This term shall not be greater than one (1) year nor shall the cost exceed $30 CDN. Upon a change of registration ownership, an invoice will be issued for the amount of the renewal plus any relevant administration fees.
• If Client breaches any part of this contract and Company has to engage the services of an attorney, the Client will pay any and all of Company’s reasonable attorney fees and court costs.
• All Client fees are due when invoiced (April 1 yearly). For example, the fees for such services, ie Web Hosting, during the term shall be due on the Effective Date or before the provision of Services. The fees for Services for Renewal Term are due on or prior to the Anniversary Date for such Renewal Term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services and through the use of any SLA Credits applied. The fees for additional or upgraded services for which the “Order” is accepted on the anniversary billing date will be due on the anniversary billing date will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one time pro-rata charge on the next Billing date. All fees will be due for the following renewal terms until canceled in Section 13a. In the event that a customer does not pay service fees after 60 days of the Renewal invoice, the services will be suspended and the customer will be assessed a fee of $25.00. The overdue invoice and additional fee must be paid in full in order for services to be reinstated. If full payment is not received within 30 days of account suspension, all services including Web Hosting Servers and Data, may become inaccessible and hosting be reclaimed. All data stored on the website hosting servers may be fully deleted and lost at this time and is not the responsibility of Jon Sheppard Media or its partners
• Invoiced amounts are due on the due date on the invoice, without any right of deduction or set-off. Interest will accrue on all past due amounts at a rate of 3.99% per month (59.9% per annum compounded monthly) or such other rate as may set from time to time. An administrative surcharge of $25 will apply to returned cheques. You will be responsible for all costs incurred by Jon Sheppard Media to collect any unpaid invoices, including, but not limited to, legal fees.
• Client uses Company services at Client’s own risk. Company makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Company shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Company also reserves the right to refuse service and cancel Client at any time. Company has no control whatsoever and shall not be responsible to Client for the content of any website or for the content of any third-party material passing through or associated with Client’s website, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.