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Gogiro
Corporate Policy
Terms
and Conditions of Service
The
Service is owned and operated by GOGIRO for the benefit
of the owner of the Web site in order to provide the Service.
Your use of this Service provided to you ("Client")
therein is subject to the Terms of Service and Conditions
of this Service Agreement. The Terms of Service and Conditions
comprises the entire Agreement between Client and "GOGIRO".
Additionally, certain pages of this Web site or related
to the Service may contain particular features or offers
(for example, promotions or contests). In the event that
the Terms of Service Agreement conflict with any such additional
services contained within any particular page of this Web
site or related to the Service, then the Terms of Service
Agreement shall govern and control your use of this Service.
1. GOGIRO exercises
no control whatsoever over the content of the information
passing through its network. GOGIRO makes no warranties
of any kind, whether express or implied, for any service
it is providing. The Client acknowledges that Internet is
prone to failure, breakdowns, interruptions and uncontrollable
outages and that GOGIRO will not be responsible for any
damage a Client suffers. This includes loss of data resulting
for delays, nondeliveries, misdeliveries, or service interruptions.
The client shall be responsible for making and keeping backup
copy of Client's email, programs and/or data at all the
time. To prevent GOGIRO host Servers from being damaged,
Clients agreed not to post files larger than 10MB in size,
store data in virtual server space and outside of permitted
locations and/or Use their sites as hacking platform or
store files such as viruses, hacking scripts and other potentially
harmful files that may damage and/or effect performance
of our or any other Server or PC on Internet.
2.
Clients use of GOGIRO products, web and mail hosting servers
may only be used for lawful purposes. Posting and transmitting
any material in violation of any applicable law or regulation
is prohibited. This includes, but is not limited to: threatening,
obscene, or defamatory statements, spam mail, bulk mail,
transmission of data which belongs to a third party and/or
is protected by copyright, trade secret, patent, or other
intellectual property Laws. GOGIRO specifically denies any
responsibilities for any accuracy or quality of information
obtained through its services. Client agrees to indemnify
and hold harmless GOGIRO from any claims resulting from
Client's use of the service or the use of the service by
any party authorized by Client which may cause damages to
GOGIRO.
3. To the fullest
extent permitted by applicable law, this Agreement and any
other agreements, notices or other communications regarding
Client account and/or your use of the Service ("Communications"),
may be provided to Client electronically and Client agree
to receive all Communications from GOGIRO in electronic
form. Client agrees and warrants that Client has access
to the Internet and to a current functional personal e-mail
address from a local ISP. Although GOGIRO will take reasonable
steps to contact Client based on information that Client
has provided and GOGIRO will not be liable for any undelivered
e-mail communications or any costs Client incurs for maintaining
Internet access and an e-mail account. Client has an AFFIRMATIVE
OBGLIGATION to provide GOGIRO with a correct and operational
e-mail address, and to notify GOGIRO promptly as to any
changes or cancellations of any and all e-mail addresses
Client provided to GOGIRO. GOGIRO reserves the right to
take measures to ensure the integrity of its contact directory,
and expects that Client will cooperate and keep Client contact
information correct and current.
4. Payments for
Web Hosting & other Internet services. Account activation,
design, and setup fees are due immediately upon activation
of account. Accounts are in default if payment is not received
within 30 days after the date of service activation. If
Client payment (personal cheque) is returned to GOGIRO unpaid,
Clients are in default and subject to a charge of $25 payable
to GOGIRO. Accounts unpaid 45 days after date of service
activation may have their service interrupted. Accounts
paid by Credit Cards will be in default, if funds are declined
by Credit Card Company and may have their service interrupted.
Such interruption does not relieve Client from the obligation
to pay to GOGIRO. Accounts in default are subject to an
interest charge of 2.5% per a month, or the maximum rate
permitted by law, on the outstanding balance. Additional
charges will be added to restore those services. Client
agrees to pay GOGIRO its reasonable expenses, including
attorney and collection agency fees, incurred in enforcing
its rights under these Terms of Service. Prices for all
Internet Services provided by GOGIRO can be changed by GOGIRO
and we reserve the right to change the rates and otherwise
modify these prices at any time without advance notice.
5. Discounted
hosting rates available only with the purchase of not less
than a One Year Web Hosting contract (not applicable to
adult and gambling sites hosting) and must be paid One Year
in advance. Client may cancel only service purchased on
a month-to-month basis without penalty by giving 30 days
notice, in writing. Client may cancel contracted service
by giving 30 days notice, in writing, but Client will be
subject to an early termination charge equal to the balance
remaining under the terms of the original term contract.
Account activation, design, setup and disconnection fees
are non-refundable. If the contract is terminated for any
reason, Client shall be liable for all costs incurred by
GOGIRO, including but not limited to, cancellation costs
and consequential expenses incurred in fulfilling the contract.
If the contract is terminated on the same day it was signed,
Client will be obligated to pay full month-to-month plan
service charge, account activation, setup and disconnection
fees for the month in which the service is terminated.
6. GOGIRO offers
Domain Name registration services only to Clients who use
GOGIRO to select domains. Posted prices for Domain Name
Registration can be changed by GOGIRO and we reserve the
right to change the rates and otherwise modify these prices
at any time without advanced notice. Cost of Domain Name
Registration Services (registration fees, domain parking
fees, set up fees etc.) are included in posted prices of
the Web Builder Products and no additional charges will
be applied ONLY IF registrant(s) of Domain Name uses GOGIRO
Web Builder and Monthly Web Hosting Services to host their
Web Sites, otherwise Cost for Service charged in amounts
set by GOGIRO for these and other services shall be paid
to GOGIRO.
7.
When an order is placed and confirmed by a customer, the
order setup fee is billed and the order is sent to production.
Upon confirming an order and providing billing information,
the setup fee portion of an order is not refundable except
under special circumstances at the discretion of management.
Clients may give notice to cancel an existing order at any
time, which will be stopped prior to the next billing cycle
as long as such notice is given 5 days prior to that billing
cycle taking effect. A refund may occasionally be offered
at the discretion of the management.
8. GOGIRO shall
not insure or be responsible for any loss or damage to property
of any kind owned or leased by Client or its employees,
contractors, and agents placed at GOGIRO point of presence.
Any policy of insurance covering the Equipment owned or
leased by Client against loss or physical damage shall waive
their rights against GOGIRO and Landlord and each of their
directors, officers, employees, contractor and agents.
9.
This agreement takes effect when accepted by Client and
by GOGIRO in Canada. It is to be governed by and construed
under the laws of the Province of British Columbia and Canada.
The federal and provincial courts of the Province of British
Columbia shall have exclusive jurisdiction to adjudicate
any non-arbitral dispute arising out of this agreement.
10. Client must
read the current Terms of Service prior to initiating a
transaction. By clicking "I Agree", or by submitting
payment information through the Order Form, Client agrees
to the Terms of Service of this Agreement. Client further
agrees that this Customer Agreement forms a legally binding
contract between Client and GOGIRO, and that this Agreement
constitutes "a writing signed by Client" under
any applicable law or regulation. Any rights not expressly
granted herein are reserved by GOGIRO.
11. GOGIRO reserves
the right to change the rates at any time. GOGIRO reserves
the right to modify these Terms of Service at any time without
advanced notice. These Terms of Service supersede all previous
representations, understandings or agreements.
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