Terms

The following terms and conditions are intended to be fair to all parties concerned and to aid in the supply of services.

Pricing information:

We will provide you with a signed contract outlining what services we will conduct for you. Before you make payment and we start your project.

We will also provide you with a project quote & quote number. We stand by our quotes. What we quote you is what you will pay. (Providing there are no additions/changes to the project.)

All orders must be paid in full before the start of your project.

The data contained on this website is for informational purposes only and is not represented to be error-free. BuildaCOM (referred hereafter as "BuildaCOM") reserves the right to discontinue or vary offers without notice on this website.



Time Frame of completion:

BuildaCOM and the client must work together in a timely manner, to avoid missed deadlines. The client must supply BuildaCOM with any specific text, graphics, or other specific items for inclusion in a timely manner.

Unless agreed otherwise.



Non-Payments/NSF

In the event of the client delaying payment a surcharge of ten percent will be made on the outstanding balance per month. BuildaCOM reserves the right to suspend any or all services, until payment is received in full. A charge of $25.00CAD on Canadian orders or the charge of $25.00US on International orders will be charged on all NSF Cheques and or payments.



Note: Non-Payment of Hosting services will result in BuildaCOM termination of hosting services. If for any reason you cannot make your payment on time please inform us ASAP.

We may be able to make some arrangements with you for payment.



Copyright

Our designs includes code elements and images being custom created for the client and are based on toolboxes of techniques and pre-developed code that is the property of BuildaCOM or one of its contractors. This software technology is purchased by the client for a one time fee and is limited to installation and usage by the client only on one “site” of connected documents on one “server”. Such code or images may not be modified, distributed or re-licensed without the express written consent of BuildaCOM.



Except where otherwise noted, the material on this website is Copyright ©1999-2002 BuildaCOM. Material which is not an original work of BuildaCOM has had its copyright licensed from the owner by BuildaCOM. Except for temporary electronic storage for the purpose of immediate viewing, no part of this website may be stored or transmitted, electronically, mechanically, or otherwise, without the prior express consent of BuildaCOM.



The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material supplied by client. The client represents to BuildaCOM and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BuildaCOM for inclusion in web pages are owned by the client, or that The client has permission from the rightful owner to use each of these elements. And will hold harmless, protect, and defend BuildaCOM and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.



BuildaCOM Design Credit on Website

A link to BuildaCOM will appear in small type & graphical format at the bottom of the first page on the site. The link will not cause users to leave the Client website, rather, it will open a new browser window to the BuildaCOM website or email address, at BuildaCOM discretion. The link will typically state, "Website design and development by BuildaCOM." This link may not be modified at any time without express written consent of BuildaCOM during the existence of the web site for public viewing. Additionally, design credits to BuildaCOM will also be in the HTML code of each page, hidden from normal view, and may not be modified at any time without express written consent of BuildaCOM during the existence of the website for public viewing.



Website Design and Hosting

BuildaCOM shall assist the Client with the creation and development of the Web Site in accordance with the options selected by the Client in the Contract.

Upon payment of the appropriate fee BuildaCOM shall allocate to the Client web space on website servers at the size agreed in the Contract, on which the Web Site may be hosted.

Whilst BuildaCOM shall use all reasonable endeavors to ensure that the Web Site can be accessed by users of the Internet at all times, the Client acknowledges that it is technically impossible to provide such access free of fault at all times and BuildaCOM does not undertake to do so. BuildaCOM expressly reserves the right to suspend availability of the Web Site for the purpose of necessary or scheduled maintenance. Access to the Web Site may also be adversely affected by conditions and performances outside BuildaCOM's control, including without limitation the breakdown of transmission and telecommunication links.



Website Review

BuildaCOM will provide the client with an opportunity to review the appearance and content of materials once they are scripted. Such scripted materials will be deemed to be accepted and approved unless the client notifies BuildaCOM otherwise within 10 business days of the date BuildaCOM sends such scripted materials to customer via email, fax, mail, courier or World Wide Web address. Additionally, BuildaCOM may submit individual pages for approval during the course of web site creation. While these pages may not be entirely completed, they will serve for the client to approve the layout, text, and/or graphics. The layout will be assumed by BuildaCOM to be approved by the client if BuildaCOM is not notified by telephone, fax, or electronic mail within five business days of the date BuildaCOM sends proofs of such scripted materials to customer via email, fax, mail, courier or World Wide Web address.



Should the client wish to make minor changes after completion of the website, this is acceptable with in 10 business days of completion. If the client wishes to make excessive changes in text, or any change in graphics or layout whatsoever once pages are complete, BuildaCOM reserves the right to charge the client additionally.



Registration of Domain Name Terms



For a detailed outline of our domain name registration terms click here.



Website Alterations by third parties:

BuildaCOM cannot accept responsibility for any alterations caused by third parties occurring to the client pages once placed. Such alterations include, but are not limited to additions, modifications, or deletions.



Acceptable Use Policies (AUP):

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian, USA or any other country law is prohibited. This includes, but is not limited to: copyrighted material, obscene or threatening material or material protected by trade secret and other statute. The subscriber agrees to indemnify us from any claims resulting from the use of the service which damages the subscriber or any other party.



Pornography, Nudity and sex-related content is strictly prohibited and monitored.

This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers, our partners servers or any other server on the internet. Links to such materials are also prohibited. Additionally, pirated software, hacker programs, warez or archives are prohibited.



For a detailed outline of our AUP click here.



To report a AUP violation click here.





Online Promotion BuildaCOM does not guarantee that any directory, search engine, or announcement site (referred hereafter as "Destination") will accept your submission, and does not take any responsibility for the contents, claims, or representations of any Destination. Destinations have the right to refuse site submissions. BuildaCOM has the right to determine which Destinations your site will be submitted to. Destinations that accept submissions typically require from one day to six months or more to add a listing to their directory. We are not responsible for how long it takes any Destination to include your submission. Due to the irreversible nature of an online promotion packages and Destinations submissions, we regret that we cannot offer any refunds once the submission process has begun. BuildaCOM Search Engine Packages are provided expressly under the following understanding: All Destinations operate independently of BuildaCOM and, therefore, we cannot guarantee any ranking or specific result. However, it is essential that your site is regularly submitted to ensure that you have a chance of being ranked well. Unless agreed to by BuildaCOM and the client in accordance with the contract, it is the clients responsibility to submit their site to the Search Engines.



DATA BACKUP

Whilst BuildaCOM shall use its reasonable endeavor to ensure that backup copies of the Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and BuildaCOM shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or BuildaCOM, or its partners to back up such data.

The Client acknowledges that whilst BuildaCOM shall use all reasonable endeavor to ensure that the Client can access the Internet at all times, the Client acknowledges that it is technically impossible to provide such access free of fault at all times and BuildaCOM does not undertake to do so. BuildaCOM expressly reserves the right to suspend availability of Internet access for the purpose of necessary or scheduled maintenance. Access to email may also be adversely affected by conditions and performances outside BuildaCOM's control, including without limitation the breakdown of transmission and telecommunication links.



Term and Termination

Either party may terminate any agreement governed by these Terms and Conditions with immediate effect on written notice if the other party (the "Defaulting Party"):

commits a material breach or persistent breaches of these Terms and Conditions and (in the case of a breach or breaches which is or are remediable) fails to remedy the same within 30 days of receiving a written notice specifying the nature of the breach and requiring the same to be remedied; or

becomes or is deemed to be insolvent or is unable to pay its debts or (except for the purposes of a genuine amalgamation or reconstruction) a petition is presented or meeting convened or resolution passed for the purpose of winding up the Defaulting Party or the Defaulting Party enters into liquidation whether compulsorily or voluntarily or compounds with its creditors generally or has a receiver, administrator or administrative receiver appointed over all or any part of its assets or the Defaulting Party ceases to carry on all or a substantial part of its business.

Notwithstanding any of its other remedies under these Terms and Conditions BuildaCOM shall, at its sole discretion, have the right to suspend the Services.

Notwithstanding any other remedies it may have under these Terms and Conditions or in law, BuildaCOM, in the event that the bandwidth allocation is exceeded, may elect to charge the Client an additional monthly fee.

The termination of any Contract (for whatever reason) shall not affect the respective rights and liabilities of each of the parties accrued prior to such termination.



No Liability for Consequential Damages

Neither BuildaCOM nor anyone else who has been involved in the creation, production, or delivery of the website and/or Hosting shall be liable to the client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement of programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use the website or hosting services, even if BuildaCOM has been advised of the possibility of such damages or claim. In any case, BuildaCOM's entire liability under any provision of this Agreement is limited to the pro rated amount actually paid by client for the website and/ or hosting.



This Agreement is governed by the laws of the Province of Ontario, Canada. If for any reason a court of competent jurisdiction finds any provision of this license, or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license shall continue in full force and effect. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial Centre of Mississauga, Province of Ontario.



Force Majeure - "Greater Force"

Neither party shall be liable for any delay in performing or failure to perform its obligations hereunder to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an "event of force majeure"), provided the same arises without the fault or negligence of such party and the affected party notifies the other party within three (3) working days of becoming aware of the same of such event of force majeure and the manner and extent to which its obligations are likely to be prevented or delayed, and provided also that the occurrence of any such event of force majeure shall not have the effect of discharging or postponing the affected party's payment obligations hereunder.

If any event of force majeure occurs, the date(s) for performance of the obligation(s) affected shall be postponed for so long as is made necessary by the event of force majeure provided that if any event of force majeure continues for a period of or exceeding 30 days, the non-affected party shall have the right to terminate any agreement governed by these Terms and Conditions forthwith on written notice to the affected party. Each party shall use its reasonable endeavors to minimize the effects of any event of force majeure.



Assignment and Subcontracting

BuildaCOM may and shall, as it deems fit, subcontract part or all of its obligations under these Terms and Conditions.



Disclaimer of endorsement - Reference herein to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by BuildaCOM, its employees, sponsors, or contractors. Links from these pages are provided as a service to users of the World Wide Web. Their existence does not necessarily constitute an endorsement by BuildaCOM.

BuildaCOM is not responsible for the contents of any off-site pages referenced.



Accepting Terms of BuildaCOM

Please email BuildaCOM at: support@buildacom.com if you have read and accepted these terms. Stating that you understand and accept them.

Use of the website and or hosting services acknowledges that you have read this Agreement, understand it, and agree to be bound by its terms and conditions, and you further agree that this Agreement is the complete and exclusive statement of agreement between the parties and that it supercedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. Should you have any questions concerning this license and limitation of liability set forth herein, please contact in writing: BuildaCOM

New York, NY 11358

United States



Should an order be placed then it shall be understood by all parties concerned that a contract shall not exist between ourselves until BuildaCOM Website Design acknowledges receipt and acceptance of the aforementioned order and reply's to the client.



Thank you,

President

BuildaCOM Online Inc.