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Terms of Service for TorontoCreatives.com

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at chris @torontocreatives.com

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, and/or its licensors own the intellectual property rights published on this website and materials used on . Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without ‘s express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of .

Restricted access

Access to certain areas of this website is restricted. reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. may change or modify this policy without notice.

If provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

may disable your user ID and password at ‘s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

reserves the right to edit or remove any material submitted to this website, or stored on the servers of , or hosted or published upon this website.

‘s rights under these terms and conditions in relation to user content, does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

TORONTO CREATIVES PRODUCTS & SERVICES:

GUARANTEE AND REFUND POLICY

Toronto Creatives guarantees to complete any graphic design/ digital services in the agreed upon timeframe provided in the quotation provided before commencement of work, barring any unforeseen circumstances. Additional work or revisions requested by the customer, not covered in the quote may affect the timely delivery of said services and will be billed accordingly.

Hosting through Toronto Creatives is provided by ehosts.co please refer to their site for hosting specific terms & conditions.

When Toronto Creatives builds your website, Toronto Creatives will guarantee website programming and functionality in the current version of browser (Internet Explorer, Firefox, Chrome, Safari and Opera) at time of launch.

*All domains registered through Toronto Creatives will be subject to a $25.00 annual domain registration fee. Therefore, if the customer purchased a hosting account with a domain, the domain fee will be deducted from the refund amount.  The customer remains the sole owner of the registered domain name, consequently arrangements can be made to transfer its registration to another provider. Accounts terminated due to policy violations will not have fees refunded.

DURATION

DOMAIN:

As domains cannot be registered for less than one year, the customer agrees to pay the 12 month commitment.

Toronto Creatives renews accounts automatically when payments are deducted monthly via credit card at the expiration of the term.  The customer is ultimately responsible for renewing the hosting account through one of the options given by Toronto Creatives.

Hosting and Domain services will be automatically renewed unless written notification is received and confirmed 60 days prior to anniversary date.

HOSTING:

Hosting through Toronto Creatives is provided by ehosts.co please refer to their site for hosting specific terms & conditions.

PAYMENT TERMS

WEB, GRAPHIC DESIGN, IDENTITY DEVELOPMENT + PHOTO/ VIDEO SERVICES

On agreement acceptance 50% of quotation is due.  Project work will commence upon receipt of 50% of payment.

Upon completion of website and go live (website is moved from production server to the live domain name website was built for), the remaining 50% will be invoiced and due within 30 days.*

Upon completion of other projects (usable content is delivered to the customer – digitally or physically), the remaining 50% will be invoiced and due within 30 days.*

* files and control panel access to hosting will not be released until full payment on projects have been received.  Transfer of ownership (working files, photo/ video, hosting, domains, website files, databases, etc) remain with Toronto Creatives until paid in full.

TERMINATION OF SERVICES

Services will be terminated after 30 days of non payment, and if applicable, Toronto Creatives will reassume ownership (hosting, domains, website files, databases, artwork, etc).

Payment not received within thirty days of date billed will result in an additional charge of 2% per month compounded (26.82% / year).  Should there any additional costs incurred, for example collection and reasonable legal fees, the customer is also responsible for these and will be invoiced.

Should a customer dispute a setup / renewal charge for any account, Toronto Creatives will not re-activate the service, unless the customer covers all fees involved, including the chargeback fee and all other transaction fees.

NON SUFFICIENT FUNDS

Any non sufficient funds (NSF) are subject to a $50 fee.

REJECTED CREDIT CARDS

Rejected credit cards are subject to a reinstatement of $50.

CANCELLATION POLICY

If the customer wishes to cancel a design project after the quote has been approved and the 50% deposit has been paid, the customer will forfeit the deposit.

If the customer wishes to cancel a hosting account after the initial first year for any reason, he/she has to notify Toronto Creatives via e-mail (chris at torontocreatives.com) giving 60 days further notice of cancellation.

DOMAIN TERMS AND CONDITIONS

Toronto Creatives registers customer domains at the CIRA and ICANN-accredited registrar GoDaddy Operating Company, LLC. Therefore, all domains registered through Toronto Creatives are a subject of the Domain Registration Agreement of GoDaddy Operating Company, LLC.

If you register domain(s) with Toronto Creatives, or transfer an existing domain registration, you hereby agree to the terms of Registration Agreement of GoDaddy Operating Company, LLC.:https://ca.godaddy.com

HOSTING:

Hosting through Toronto Creatives is provided by ehosts.co please refer to their site for hosting specific terms & conditions. Hosting through Toronto Creatives / ehosts.co is not a requirement of doing business with Toronto Creatives, but is recommended for ease of use, software licensing purposes & maintenance. Toronto Creatives does not provide server side support for outside hosting companies.

OWNERSHIP RIGHTS

Any design files and tools used to create the customer files are the property of Toronto Creatives.  Customer will receive the design files in jpg, png, eps format on request.

PRIVACY

Clients are permitted to use their sites for business/commercial or personal websites and content.

Toronto Creatives shall never knowingly sell or distribute client information or information collected through their websites.

Customers shall not use Toronto Creatives’ network in an attempt to circumvent user authentication or security of any host, network, or account.  Toronto Creatives will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

TERMINATION OF SERVICES

Services will be terminated immediately without refund if any of the following violations.

  1. a) All services provided by Toronto Creatives may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Canadian, Provincial, or City law; or United States Federal, State, or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, “adult only” content material, or intellectual property or any other property protected by statute. Note: Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites promoting any illegal activity, violence, or content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are but not limited to:
    1. Pirated software or copyrighted MP3 files
    2. Hacking Tools • Warez sites
    3. Adult content (in any form)
    4. Spamming Software
    5. Web-based shells
    6. All email spam and unsolicited activity violating the rules or laws of CASL or CAN-SPAM
  2. The customer may not host material that is:
    1. threatening or obscene;
    2. offensive to any person or group. This includes, but is not limited to: prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
    3. harmful to minors;
    4. likely to cause damage to reputation of third parties.
    5. Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Any attempt to undermine, slander, libel, threaten or cause harm to Toronto Creatives’ customers, employees and property, or to the company directly, are grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.

Toronto Creatives reserves the right at its sole discretion to refuse or cancel service. Violation of any of Toronto Creatives’ Terms could result in a warning, suspension, or account termination. Submitting false or fraudulent personal information are also grounds for suspension or termination.

INDEMNIFICATION

CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS TORONTO CREATIVES, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS.

DISCLAIMER

Toronto Creatives, at its sole discretion, may change these terms and conditions at any time. By using Toronto Creatives’ services, the user agrees that Toronto Creatives may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on Toronto Creatives’ web site, or on notification to the customer by e-mail. The customer agrees to periodically review Toronto Creatives’ web site, including these terms, to get informed of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying Toronto Creatives by e-mail. Notice of the customer’s termination will be effective on receipt and processing by Toronto Creatives. The customer agrees that, by continuing to use Toronto Creatives’ services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.

LIMITED LIABILITY

The customer agrees that Toronto Creatives shall not be liable for any (1) suspension or loss of service(s), including, without limitation, domain name registration services and web hosting services, (2) use of the service(s), including, without limitation domain name registration services and web hosting services, (3) interruption of Toronto Creatives’ services or interruption of the customer’s business, (4) access delays or access interruptions to Toronto Creatives’ web site(s) or service(s) or delays or access interruptions the customer experiences in relation to the services offered by Toronto Creatives; (5) loss or liability resulting from acts of or events beyond Toronto Creatives’ control (6) data non-delivery, mis-delivery, corruption, destruction or other modification; (7) loss or liability resulting from the unauthorized use or misuse of the customer’s account; or (8) application of the dispute policies. Toronto Creatives also will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Toronto Creatives has been advised of the possibility of such damages. In no event shall Toronto Creatives’ maximum aggregate liability exceed the total amount paid by the customer for the disputed service, but in no event greater than one hundred dollars ($100.00). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Toronto Creatives’ liability shall be limited to the maximum extent permitted by law.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of in respect of any:

  • death or personal injury caused by the negligence of or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of ; or
  • matter which it would be illegal or unlawful for to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ‘s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ‘s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as .

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

GENERAL

The parties acknowledge that Ontario, Canada law shall govern and agree to submit to the courts of Ontario, Canada. All actions shall be commenced within one (1) year of the date of cause of action arising.

TorontoCreatives.com’s details

The full name of TorontoCreatives.com is Toronto Creatives.

You can contact by email at our email address link at the top of this Terms of Service document.

Last revision: February 13, 2017