Terms of Service

Last updated: June 17, 2018

Agreement between Churchweb Support Inc, and The Client

A Churchweb Support Inc. ("CWS", "we") Web Site is comprised of various Web pages operated by CWS. Churchweb Support Inc. offers services, doing business as Churchweb Support, Churchweb Canada, and Website Service Pro.
Corporation address: 401-5 Ogilvie St, Dundas, Ontario, Canada L9H 2S1
Mailing address: 133 King St W, Box 65598, Dundas, Ontario, Canada L9H 2S1
Business address: 29 Park St W, Dundas, Ontario, Canada L9H 1X3
Websites: churchwebsupport.com | churchwebcanada.ca | websiteservice.pro
Email: admin@churchwebsupport.com 
Tickets: support@churchwebsupport.com / staff@churchwebcanada.ca / info@websiteservice.pro
Phone: 905-541-4212 (local and texting) | 1-844-541-4212 (toll-free)

A CWS Web Site is offered to You ("The Client"), conditioned on The Client’s acceptance without modification of the terms, conditions, and notices contained herein. The Client’s use of a CWS Web Site constitutes agreement to all such terms, conditions, and notices.

Modification of These Terms of Service

CWS reserves the right to change the terms, conditions, and notices under which a CWS Web Site is offered, without notification, including but not limited to the charges associated with the use of a CWS Web Site.

Privacy Protections

CWS' privacy policy outlines how we protect your privacy while handling personal data, in order to provide our Service. By using our Service, you automatically agree to our privacy policy.

Links to Third Party Sites

A CWS Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of CWS and CWS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CWS is not responsible for webcasting or any other form of transmission received from any Linked Site. CWS is providing the capability of such links to you only as a convenience, and the inclusion of any link does not imply endorsement by CWS of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of The Client’s use of a CWS Web Site, The Client warrants to CWS that The Client will not use a CWS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Client may not use a CWS Web Site in any manner which could damage, disable, overburden, or impair a CWS Web Site or interfere with any other party's use and enjoyment of a CWS Web Site. The Client may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through a CWS Web Site. 

Materials Provided to CWS or Posted at any CWS Web Site

CWS does not claim ownership of the materials The Client provides to CWS (including feedback and suggestions) to post, upload, input or submit to any CWS Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting The Client’s Submission The Client is granting CWS, its affiliated companies and necessary sub-licensees permission to use The Client’s Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat The Client’s Submission; and to publish The Client’s name in connection with The Client’s Submission.

No compensation will be paid with respect to the use of The Client’s Submission, as provided herein. CWS is under no obligation to post or use any Submission The Client may provide and may remove any Submission at any time at CWS's sole discretion.

By posting, uploading, inputting, providing or submitting The Client’s Submission The Client warrants and represents that The Client owns or otherwise controls all of the rights to The Client’s Submission as described in this section including, without limitation, all the rights necessary for Client to provide, post, upload, input or submit the Submissions.

Acceptable Content

CWS will not permit any of its sites to display content that is sexually explicit, hateful, obscene, offensive, illegal, threatening, racist, or contains depictions of nudity.

Liability Disclaimer

The information, software, products, and services included in or available through a CWS web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. CWS and/or its suppliers may make improvements and/or changes in a CWS web site at any time. Advice received via a CWS web site should not be relied upon for personal, medical, legal or financial decisions and The Client should consult an appropriate professional for specific advice tailored to The Client’s situation.

CWS and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on a CWS web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. CWS and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall CWS and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of a CWS web site, with the delay or inability to use a CWS web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through a CWS web site, or otherwise arising out of the use of a CWS web site, whether based on contract, tort, negligence, strict liability or otherwise, even if CWS or any of its suppliers has been advised of the possibility of damages. Because some states/provinces/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to The Client. If The Client is dissatisfied with any portion of a CWS web site, or with any of these terms of use, The Client’s sole and exclusive remedy is to discontinue using a CWS web site.

SERVICE CONTACT: https://my.churchwebsupport.com/submitticket.php?step=2&deptid=2

Delivery Method and Timing

Orders placed are typically processed electronically within 24 hours. Add-ons purchased through our website are typically installed within 24 hours. Info and Support tickets are typically addressed within 24 hours Submissions are typically acted upon within 24 hours. The Client is asked to please alert CWS if a response is not received in a timely manner.

Contract Cancellation/Refunds

Cancellation of an account requires advance notice. Maintenance accounts require seven (7) days’ notice prior to the first (1st) day of the next billing cycle. Hosting accounts require thirty (30) days’ notice prior to the first (1st) day of the next billing cycle. For all hosting and maintenance accounts the first (1st) day of each billing cycle is the first (1st) day of each month. Because web hosting services are provided on an annual basis, The Client is responsible for service fees already paid regardless of when The Client provides notice of termination. Thus, for example, if The Client provides notice to terminate prior to the end of the billing cycle, the remaining balance for that cycle will not be pro-rated or refunded. If The Client has prepaid for services in advance, The Client agrees that no refunds will be issued for any unused portion of the services regardless of when The Client cancels the services. Therefore, if The Client's account is cancelled by The Client at any point during the pre-paid contract term, The Client will not be entitled to a pro-rated refund. All accounts are cancelled as soon as The Client submits the account cancellation request, at which time all remaining files in The Client's account will be deleted. The Client is responsible to remove all personal files from the server prior to the cancellation request. CWS will not be held responsible for any files deleted by CWS on that day. The cancellation procedure is subject to change without notice. Cancellations must be requested from within The Client's Account Manager by logging in from the CWS Home page and using a Support Ticket: https://my.churchwebsupport.com/submitticket.php?step=2&deptid=2

Web Design Contract Cancellation/Refunds

A non-refundable deposit amount of 50% is due at the time of placement of a website order.  By making this deposit, The Client agrees to the Terms of Service. If The Client does not wish to be bound by the Terms of Service, The Client must not submit an order, or agree to allow any service to be provided by CWS, or otherwise to make any purchase from CWS. By accepting the deposit of The Client, CWS agrees to provide the requested services in a timely manner, dependent upon the timely supply of instructions and content by The Client.

Cancellation of any web design project by either party will result in a refund to The Client of all fees paid beyond the deposit amount, minus the amount already incurred in the development of the project by the date of cancellation, based on the amount of $92 CAD /hour. Web design cancellation refunds will be processed and delivered within 10 business days of the cancellation date.

Termination/Access Restriction

CWS reserves the right, in its sole discretion, to terminate The Client’s access to a CWS Web Site and the related services or any portion thereof at any time, without notice.

Overdue Payments

If payment is overdue, CWS reserves the right to discontinue service until payment of all applicable fees is made.

Force Majeur

Neither CWS nor The Client will be liable to the other in respect of anything which, apart from this provision, may constitue breach of this Agreement arising by reason of Force Majeur.

Waiver

Failure or neglect by CWS to enforce, at any time, any of the provisions of this Agreement will not be construed or deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of this Agreement or prejudice our rights to take subsequent action.

Headings

The headings of the terms and conditions in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Agreement.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario, Canada, and The Client hereby consents to the exclusive jurisdiction and venue of courts in Ontario, Canada in all disputes arising out of or relating to the use of a CWS Web Site. Use of a CWS Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Client agrees that no joint venture, partnership, employment, or agency relationship exists between The Client and CWS as a result of this agreement or use of a CWS Web Site. CWS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CWS's right to comply with governmental, court and law enforcement requests or requirements relating to The Client’s use of a CWS Web Site or information provided to or gathered by CWS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between The Client and CWS with respect to a CWS Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between The Client and CWS with respect to a CWS Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

All contents of the CWS Web Sites (churchwebsupport.com, churchwebcanada.ca, and websiteservice.pro) are copyright (©) current year (2018) CWS. All rights reserved.

Trademarks

The names of actual churches, ministries, companies and products mentioned in CWS Web Sites may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Procedure for Making Claims of Copyright Infringement on a CWS Web Site: Any such Claims must be sent to the related Web Site’s Designated Agent. All irrelevant Claims will receive No Response.

Limitation of Liability

CWS WILL NOT BE LIABLE TO THE CLIENT OR ANY OTHER PERSON FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF (INCLUDING BUT NOT LIMITED TO DAMAGE, LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS OR ERRORS, INACCURATE ADVICE, OR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS), EVEN IF THE CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE AGGREGATE LIABILITY OF CWS FOR ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY CWS UNDER THIS AGREEMENT WILL, IN ANY EVENT, BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY THE CLIENT TO CWS UNDER THIS AGREEMENT FOR THE APPLICABLE PRODUCTS AND/OR SERVICES.

THE CLIENT ACKNOWLEDGES THAT CWS HAS SET PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF ANY LIMITATION OF REMEDIES IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN WILL LIMIT THE LIABILITY OF CWS FOR ITS OWN WILFUL OR WANTON CONDUCT.

Disclaimer

CWS makes no statement, warranty, representation or promise not expressly set out in this Agreement, or required by law. CWS expressly disclaims all warranties, representations or promises in relation to the Service.

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