Terms of Service Agreement
We are Spicom Web Solutions Inc. (“we,” “us,” or “our”) , a Canadian registered company. By using our website and related services (collectively, the “Service”), you agree to be bound by these Terms of Service (the “Agreement”).
You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By accessing or using the Service, you represent and warrant that you meet these eligibility requirements.
Use of Service
- Our Service provides access to website templates that you may purchase and use to create your own website. You agree to use the Service only for lawful purposes and in accordance with this Agreement.
- You agree to provide accurate and complete information when creating your account and to keep your login credentials secure. You are responsible for all activity that occurs under your account.
- You are responsible for ensuring that all information you provide to us in connection with your use of the Service is accurate and complete.
- You are solely responsible for your use of the Service, and any consequences that result from your use of the Service.
You agree to use the Services only for lawful purposes and in a manner consistent with all applicable laws and regulations. You agree not to:
- Use the Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Use the Services to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Use the Services to upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Use the Services to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
Subscription and Payment
- To use our Service, you must register for an account and purchase a subscription plan. We may offer different subscription plans with varying features and fees.
- You agree to pay all fees associated with your subscription plan on a recurring basis until you cancel your subscription. All payments are processed through a third-party payment processor, and we do not store your payment information.
- We may change the fees for our Service at any time.
- Spicom Web Solutions Inc. offers a Money-Back Guarantee for the initial purchase of certain Premium Plans, which is applicable only to Users who have purchased a Premium Plan directly from Spicom Web Solutions Inc. and not through a Reseller. If you are not satisfied with your initial purchase of a Premium Plan, you may cancel your subscription within fourteen (14) days of first ordering or activating such plan, and receive a full refund of the amount charged for such plan, provided that you have not used the plan to publish a live website or have not used any of the features included in the plan. This Money-Back Guarantee does not apply to any additional purchases, upgrades, modifications, renewals or subscriptions to Spicom Web Solutions Inc. Services, applications or Third Party Services. Please note that certain services or applications may be non-refundable altogether. Spicom Web Solutions Inc. will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
- Please note that some services purchased through our Services may be non-refundable, including Third Party Services such as domains, business tools, and applications. It is your responsibility to verify the ability to cancel a service before making the purchase. We cannot offer refunds for any non-refundable Paid Services, applications, or Third Party Services.
- The Service and all content, materials, and designs contained therein, including our website templates, are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws.
- You may use the website templates purchased through our Service only for your own personal or commercial use in accordance with this Agreement. You may not modify, distribute, or otherwise use any of the content or materials provided through the Service without our prior written consent.
- We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content or materials provided through the Service infringe upon your intellectual property rights, please contact us immediately.
The Spicom Web Solutions Inc. Services are provided on an “As Is”, “with all faults” and “As Available” basis, and we do not make any warranties, express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We do not guarantee that the Spicom Web Solutions Inc. Services (or any part, feature or Content thereof) are complete, accurate, reliable, secure, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations.
Additionally, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the Spicom Web Solutions Inc. Services, and you should verify them before using or otherwise engaging with them.
We may, at our sole discretion, screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice. However, we do not publish or endorse any User Content and assume no liability for any User Content uploaded, posted, published, and/or made available by any User or any other party on and/or through the Spicom Web Solutions Inc. Services, or for any loss, deletion or damage thereto or thereof, or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content.
You acknowledge that there are risks in using the Spicom Web Solutions Inc. Services and/or connecting and/or dealing with any Third Party Services through or in connection with Spicom Web Solutions Inc. Services, and that we cannot and do not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions.
Moreover, Spicom Web Solutions Inc. shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter. We also do not recommend the use of the Spicom Web Solutions Inc. Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
We do not guarantee the accuracy, completeness, or usefulness of the Service, and we disclaim all warranties, express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We are not responsible for any damage or loss resulting from your use of the Service.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
- In no event will we be liable to you or any third party for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement or your use of the Service.
- Our total liability to you for all claims arising out of or in connection with this Agreement or your use of the Service will not exceed the total amount paid by you to us during the 12-month period preceding the date of the claim.
- To the maximum extent permissible by law, Spicom Web Solutions Inc., including its officers, directors, shareholders, employees, affiliates, and agents, shall not be held liable for any damages, whether direct, indirect, incidental, special, punitive, exemplary, or consequential, arising from or related to: Any errors, mistakes, or inaccuracies in the content provided through the Spicom Web Solutions Inc. Services; Personal injury or property damage resulting from the use of the Spicom Web Solutions Inc. Services; Unauthorized access to or use of our servers, personal information, or other information stored therein; Interruption or cessation of transmission to or from the Spicom Web Solutions Inc. Services; Use or display of any content or user content posted, transmitted, or made available through the Spicom Web Solutions Inc. Services; Events beyond the reasonable control of Spicom Web Solutions Inc., such as internet failures, equipment failures, strikes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, court orders, or non-performance of third parties; Loss of use, data, profits, goodwill, or other intangible losses arising from the use or inability to use any or all of Spicom Web Solutions Inc. Services. You understand and agree that these limitations of liability are a part of the bargain between you and Spicom Web Solutions Inc. and that these limitations will apply even if Spicom Web Solutions Inc. has been advised of the possibility of such liabilities.
- You may cancel your subscription at any time by contacting us. Upon cancellation, you will no longer have access to the website templates provided through the Service.
- We may terminate your access to the Service at any time and for any reason, without notice or liability to you. Upon termination, you must immediately cease all use of the Service and any website templates provided through the Service.
- Loss of Data, Content and Capacity Please note that canceling your User Account or any services related to your account, including Third Party Services, may result in the loss of certain content, features, or capacity of your User Account. This Capacity Loss may include User Content, End User data, other usage data retained therein, or any domain name reservation or registration included in the services. Spicom Web Solutions Inc. will not be held liable in any way for such Capacity Loss or for saving a backup of your User Account, User Content, or End User data. Please also be aware that additional fees may apply to reactivate your User Account or any Spicom Web Solutions Inc. services after cancellation, which will be determined solely by Spicom Web Solutions Inc. Please note that after terminating your User Account or User Platform, Spicom Web Solutions Inc. reserves the right to delete all data in the normal course of operation. Please be aware that data cannot be recovered once your User Account or User Platform is terminated.
Governing Law and Jurisdiction
This Agreement and any disputes arising out of or in connection with this Agreement will be governed by and construed in accordance with the laws of the province of Ontario, Canada, without regard to its conflicts of law principles. You agree that any legal action or proceeding arising out of or in connection with this Agreement must be brought in the provincial or federal courts located in Toronto, Ontario, and you consent to jurisdiction and venue in such courts.
Changes & Updates
Spicom Web Solutions Inc. reserves the right to change, suspend or terminate any of the Spicom Web Solutions Inc. Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Spicom Web Solutions Inc. Services (including removal of any materials created by you in connection with the Spicom Web Solutions Inc. Services) for any reason and/or change any of the Spicom Web Solutions Inc. Terms with or without prior notice – at any time and in any manner.
You agree that Spicom Web Solutions Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of those Spicom Web Solutions Inc. Services (or materials, content or services created, developed or connected by you in connection with the Spicom Web Solutions Inc. Services).
If any such changes involve the payment of additional or higher Fees, If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current Spicom Web Solutions Inc. Services without enabling such changes, or provide you with alternative Services.
- This Agreement constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.
- If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
- Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such
This agreement is subject to updates by Spicom web Solutions Inc. if necessary. Spicom web Solutions Inc. reserves the right to update this agreement at any time. We will notify you of any material changes by posting the updated policy on our website.