Terms of Service
“Client” refers to the individual or entity engaging in or requesting the services of SitePatrol. Usage of the terms “you” or “your” refer to the client entity.
Usage of the terms “our”, “we”, “us”, and “SitePatrol” refer to SitePatrol enterprise as a whole.
“Service” or “Services” refer to the collective offerings provided by SitePatrol in the course of business, including website assistance, maintenance, security, and development, as applicable.
“Content” refers to any text, documents, audio, video, graphics, information, or data.
2.0 Plan Start
A recurring monthly plan will be setup upon formal order by the client. Orders can be carried out through web form links within the website, or through email or telephone and constitute acceptance of the terms of this agreement. Through the use of this website, or through the initiation of a recurring website plan, you assure SitePatrol that you possess the legal capacity to agree to all applicable terms and conditions, that you are at least 18 years of age, and that you have the authority to bind any organization or entity you claim to represent to those same conditions.
3.0 Pricing, Refunds, and Payments
All plan prices appearing on the SitePatrol website are quoted in Canadian Dollars. SitePatrol reserves the right to alter pricing at its own discretion. All refunds offered are at the sole discretion of SitePatrol. SitePatrol retains the option to prorate refunds as SitePatrol deems appropriate. SitePatrol has the option of halting or delaying service in the event of late payments, as well as retaining the option to charge late fees. SitePatrol retains ownership and copyright to all website designs and website developments created for its subscription plans. SitePatrol reserves the right to cease and desist all services running on client websites at any time.
SitePatrol does not charge a cancellation fee to clients. All cancellation requests must be formalized and submitted to SitePatrol via contact through email or telephone. All fees and costs incurred and paid by the client prior to notification of cancellation are non-refundable, except in the case that the client cancels within 30 days of plan start – then they will be refunded in full. SitePatrol reserves the right to cancel or refuse service at any time at our own discretion.
You agree to compensate SitePatrol each month for your chosen recurring monthly plan amount using the automatic credit card withdrawal method. In the event that you fail to pay, SitePatrol has the right to pursue any or all of the following remedies:
- attempt to bill the account again
- terminate this agreement
- commence legal action
You hereby authorize SitePatrol to access your WordPress website with administrative clearance, providing username and password credentials. When required, you also authorize SitePatrol access to your web host account credentials. These credentials will never be shared with a 3rd party without your specific request or approval.
SitePatrol, its employees and subcontractors agree that, unless authorized by you, will never disclose any confidential information to any person whatsoever. Similarly, you agree to never disclose any confidential information obtained about SitePatrol to any other party. You shall not share, re-sell, attempt to share, or attempt to re-sell any services described within any monthly Plan. You shall not transfer or attempt to transfer this contract or permit to use and/or access any information obtained from SitePatrol for any reason without prior consent from SitePatrol.
All confidential information of yours or SitePatrol’s shall not be passed on to a third party or in any way be made use of at any time either during or after the termination of these terms; except with consent of the other or which comes into the public domain.
You shall promptly notify SitePatrol if you become aware of a breach of confidence in relation to the services described in the Plan or these terms and shall give SitePatrol all reasonable assistance in connection with any proceedings SitePatrol may institute against a third party at SitePatrol’s expense.
9.0 Information Privacy
10.0 Marketing Material
Unless explicitly stated in external documentation, SitePatrol reserves the right to use client websites and content in the course of marketing and promotion. This includes highlighting clients through a client portfolio and using examples and pictures from client websites for advertising purposes.
11.0 Limitation of Liability
Under no circumstances shall SitePatrol, its employees, agents, directors, or affiliates be held liable to clients for any damages incurred. These include, without limitation, direct loss, indirect loss, incidental damages, loss of business, reputation, or profits, damage to computers, systems or software, and any other consequential damages arising as a result of the use or inability to use SitePatrol services and/or content.
SitePatrol takes no responsibility for copyright infringement resulting from content or material that was submitted or otherwise provided by clients. SitePatrol retains the right to refuse any material that is knowingly copyrighted or trademarked unless sufficient evidence is demonstrated that permission has been granted to use such material. We reserve the right to refuse the submission of any content, regardless of legal ownership, at our sole discretion.
Client websites that receive additional assistance may include typographical, technical, or visual content errors. SitePatrol does not guarantee that website material is necessarily accurate, complete, or current. SitePatrol may make changes to website material at any given time without prior notice.
The aforementioned limitations apply only as far as the law permits. As some jurisdictions do not allow for limitations on consequential and incidental damages these limitations may not necessarily apply to you.
12.0 Force Majeure
Neither party shall be held liable for failure or delay to fulfill these terms and conditions due to events beyond the reasonable control of the party. Force Majeure events must be external, unpredictable, and irresistible. Such events include, but are not limited to: war, terrorism, political upheaval, natural disasters, riots, insurrections, labour crises, hostilities, government sanctions, embargoes, and other Acts of God. Parties affected by such an event shall inform the other party as promptly as possible of the circumstances and existence of the issue and make every reasonable attempt to minimize the effects of the event as it relates to the relevant terms and conditions.
13.0 Prohibited Uses
As a condition of using this website or SitePatrol services you agree that you will use this or any contracted website for lawful purposes only. Any violation of the law or of these terms and conditions requires the client to provide immediate notification to SitePatrol. In the case of such a violation, the client must provide every reasonable effort to promptly and effectively resolve the violation. SitePatrol reserves the right to suspend or terminate service to transgressing clients.
Examples of prohibited conduct and content include, but are not limited to:
- The utilization of viruses, worms, or other disruptive and harmful components.
- Anything that infringes on the rights of third party actors such as copyright or trademark infringement, defamation, or invasion of privacy.
- Inclusion of content that is indecent, obscene, or profane.
- Activities or content that assists, engages, or encourages in the commitment of a criminal offense.
- Infringement upon others through such means as harassment, stalking, intimidation, or threats.
- Engaging in or promoting unauthorized access to other networks, computers, or servers. This includes SitePatrol content and information not made available to the client.
- Impersonation or misrepresentation of an association with a person or organization.
14.0 Scope of Work
SitePatrol provides website management and security services to clients based on individual needs. All clients understand that initial monthly plan start-ups will conform to the terms originally agreed upon, and additional website assistance and/or development services may incur additional costs. Examples include assisting a client by adding multiple new pages to a website, or helping to reduce the page load time on a website. Clients understand and agree that they are responsible for providing necessary content for their websites, including text and image content.
15.0 Further Information
If you have any questions about these terms and conditions, or require clarification on any of the aforementioned components, please contact us at firstname.lastname@example.org.
Last revised on: July 7, 2018