Web Hosting Terms and Conditions
Applicable to All Groupe Quantik Activis Inc. Web Hosting Clients
The following policies apply to all Groupe Quantik Activis Inc. web hosting clients. By subscribing to Groupe Quantik Activis Inc. web hosting services, including subscription through a third party, representative or marketing partner, YOU AGREE TO THE POLICIES DESCRIBED IN THIS DOCUMENT AND AGREE TO COMPLY WITH THEM. The service map is defined as the description of the hosting package as presented on the Activis website or the “Service Map” document in the case of customized server hosting services.
General Terms and Conditions of the Agreement
Groupe Quantik Activis Inc. agrees to provide the Client with the Internet connectivity, hosting space and Internet traffic services as specified in the service card. Groupe Quantik Activis Inc. agrees to use all commercially reasonable efforts to provide the best possible service to the Client.
Privacy Policy
Groupe Quantik Activis Inc. agrees to use the personal information provided by the Client only in the course of its daily operations and not to disclose such information to any other party without the prior consent of the concerned Clients, except to law enforcement authorities, if requested by such authorities, and to collection agencies when necessary. Activis may use the name of the company or client, as well as the comments submitted by the latter, as a reference in its advertising or in the text on its site. The client may, at any time, send a notice by e-mail requesting that his/her name or comments not be used.
Immediate Threat
If, in the opinion of Groupe Quantik Activis Inc., acting reasonably, the hosted site or server poses an immediate threat to the integrity or performance of Groupe Quantik Activis Inc, or any other user of the Services, or constitutes an immediate threat to the safety of any person, then Groupe Quantik Activis Inc. may take such action as it deems necessary, without notice to the Client and without liability for any damages that may result from any interruption in the Client’s (or the Client’s clients’, if any) business activity. As soon as possible after such work is performed, Groupe Quantik Activis Inc. will notify the Client by email of the nature of the work performed or the measures taken, as the case may be.
Relocation
In the event that Groupe Quantik Activis Inc. makes a request by email, the Client agrees to relocate its site or server(s) to the new location offered by Groupe Quantik Activis Inc. within thirty (30) days of reception of the notice to that effect.
Insurance
The Client agrees not to hold Groupe Quantik Activis Inc. liable and to indemnify Groupe Quantik Activis Inc. against any claims, liability, injury, death or material damage that may result or arise from the use and/or occupation of the hosting space rented by the Client. The Groupe Quantik Activis Inc. will under no circumstance be liable for any loss, theft, disappearance, damage, or destruction of any personal property, including any data stored or placed by the Client in the rented space or surrounding property regardless of the cause. Under no circumstances will Groupe Quantik Activis Inc. be obliged to provide insurance on Client-owned equipment or data hosted by the Client.
Client in Default
If the Client is in default of any of his obligations under the present Agreement, Groupe Quantik Activis Inc. may, in its sole discretion, do any or all of the following: (i) suspend access to the Client’s space, without notice; (ii) if the Client is in default of any payment due to Groupe Quantik Activis Inc, Groupe Quantik Activis Inc. may exercise all of the rights and remedies of a secured party under applicable law, including without limitation the right to exercise the shortest notice period permitted by law (if any). Groupe Quantik Activis Inc. may seize the equipment and sell it to third parties to settle any debt due by the Client to Groupe Quantik Activis Inc. and any costs (including reasonable fees) incurred by Groupe Quantik Activis Inc. in pursuing any action under this Agreement.
Billing Method
Unless otherwise specified by the Client, billing communications for Groupe Quantik Activis Inc. services will be made via email. The first invoice must be paid prior to the opening of the account. Following invoices must be fully paid within a maximum period of thirty (30) days of reception of the invoice.
Payments
All recurring fees are payable in advance according to the term chosen by the Client (monthly, quarterly, semi-annually, annually). The first service term, as specified on the service card, must be paid by The Client to Groupe Quantik Activis Inc. upon opening of the account. All amounts must be paid in Canadian dollars (CDN) within thirty (30) days of the date appearing on the invoices issued by Groupe Quantik Activis Inc., said invoices being issued at the beginning of the period. Any payment not settled when due shall bear interest at the rate of two percent (2%) per month, compounded monthly (corresponding to an annual interest rate of 26.86%). Any cheque or bank withdrawal returned for lack of funds will incur a $50.00 CAD management fee.
Pre-Authorized Credit Card Payments
In the case of payments by credit card, Groupe Quantik Activis Inc. will use the information in its possession to make a payment on the billing date. The client will not receive a notice prior to payment. The client will receive a notice after each charge to the credit card. If the client ever wishes to deactivate the pre-authorized payment, he/she can simply contact client service. By submitting a first payment or reactivating the pre-authorized payment option, the client confirms that he/she has read and accepts these pre-authorized payment operating conditions. In addition, the client authorizes Groupe Quantik Activis Inc. to debit the amount of the balance to be paid from the credit card used. The client thus authorizes the financial institution that issued the credit card to charge the client’s account for amounts related to Groupe Quantik Activis Inc. services. This authorization will be valid until an authorized person on the account requests to suspend the pre-authorized payment.
Other Services
If requested by the Client, Groupe Quantik Activis Inc. may, at its discretion, provide the Client with technical or non-technical support, as the case may be, other than that comprised in the service card, including but not limited to system reboots, troubleshooting, scripting and programming diagnostics, or any other type of support (“Other Services”), in connection with the Client’s use of the service. Unless otherwise agreed by the parties, the Client agrees to pay for the provision of such other services at a rate of $125.00 (CDN) per hour, billed in blocks of at least 30 minutes each.
Changes in Fees Payable
Upon at least thirty (30) days prior to the end of the term, Groupe Quantik Activis Inc. may change the fees payable by virtue of this Agreement. The Client agrees to pay all taxes imposed on the services covered by the services card (as amended from time to time by the parties) or on the other services covered by the other services card provided by Groupe Quantik Activis Inc. as applicable under the present Agreement.
Cancellation or Non-Renewal of Agreement
The Agreement will be automatically renewed at the end of each payment period. Either party may terminate the present Agreement on the monthly anniversary date of the product (The monthly anniversary date represents the day of the month on which the account was opened. For example, if your account opening date is September 8, the requested changes may be made on the 8th of each month) or after the end of the commitment period indicated on the service card, (i) without cause, upon 48 hours prior written notice to the other party; or (ii) if the other party (x) is in default of any important item regarding the term of this Agreement (including, without limitation, any failure by the Client to settle any payment when due) and has not addressed such default within a reasonable period of time after receipt of notice thereof from the other party; or (y) is voluntarily subject to any proceedings under any bankruptcy or insolvency legislation, or is involuntarily subject to any proceedings under any bankruptcy or insolvency legislation that is not dismissed within sixty (60) days after filing.
The request for account closure or non-renewal must be accompanied by the Client’s signature. This request may be sent by email to: soutien@activis.ca, by fax at: +1 (514) 879-3401 or by mail to the following address: Groupe Quantik Activis Inc. | 260 Serge-Pépin, Beloeil, (Québec) J3G 0C3, CANADA. In order to be cancelled, the notice of account closure must contain the domain name of the account or the server ID, the Client’s name, the Client’s signature, and the reason for the account cancellation.
Changes to the Account or to the Service Card
Any change to the service card or change to the account that would increase the monthly amount paid by the Client may be made at any time, at the Client’s request. Any change to the service card or change to the account that results in a decrease in the monthly amount paid by the Client may only be made after the end of the commitment period indicated on the service card or, where there is no commitment in progress, only as of the next monthly anniversary date of the targeted product.
Refund Policy
The amounts paid in advance cannot be refunded after the satisfaction guarantee, which ends 30 days after the delivery date of the service. However, on the monthly anniversary date of the product in question and after the end of the commitment period indicated on the service card, a credit equivalent to the amounts paid in advance may be applied to the Client’s account for the purchase of other products or services sold by the Groupe Quantik Activis Inc.
Billing errors may be credited for a maximum retroactive period of two (2) months.
Payment Obligation
The Client is obliged to pay for his account even if he/she does not use it. Upon opening an account, Groupe Quantik Activis Inc. assigns and reserves a hosting space, resources and equipment according to the Client’s needs, so the Client may use his account as he wishes as soon as it is activated.
Limited Liability
THE CLIENT ACKNOWLEDGES THAT GROUPE QUANTIK ACTIVIS INC. ALLOWS OTHER USERS OF THE SERVICE TO INSTALL THEIR SITES AND SERVERS IN ITS FACILITIES. GROUPE QUANTIK ACTIVIS INC. SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, COSTS OR LOSSES INCURRED BY THE CLIENT (OR THE CLIENT’S CLIENTS) AS A RESULT OF THE ACT OR MATERIAL OF ANOTHER SERVICE HOLDER OR AS A RESULT OF THE FAILURE TO ACT BY ANOTHER SERVICE HOLDER. THE CONTRACTUAL, TORTIOUS (INCLUDING NEGLIGENCE) LIABILITY, LEGAL OR OTHERWISE OF GROUPE QUANTIK ACTIVIS INC. TOWARDS THE CLIENT (OR THE CLIENT’S CLIENTS) FOR THE PERFORMANCE OR NON-PERFORMANCE, AS THE CASE MAY BE, OF ANY OBLIGATION UNDER THE PRESENT AGREEMENT, WITH RESPECT TO ANY CLAIM WHATSOEVER, SHALL BE LIMITED TO, AND IN NO EVENT EXCEED, THE TOTAL FEES PAID BY THE CLIENT TO GROUPE QUANTIK ACTIVIS INC. UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE. GROUPE QUANTIK ACTIVIS INC. SHALL IN NO EVENT BE HELD RESPONSIBLE FOR LOSS OF PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES.
Force majeure
Neither party shall be liable for any delay, interruption or failure to perform any of its obligations due to acts of God, declared or undeclared war, terrorist attack, fire, storm prolonged power failure, landslide, earthquake, computer attack, computer virus or other similar event over which the affected party has no control (“force majeure”). In the event of Force Majeure, the party claiming Force Majeure shall notify the other party without delay. The party claiming Force Majeure shall use commercially reasonable efforts to remove or remedy the effect of the Force Majeure. However, this section shall not be used to excuse failure to make payment when due.
Entire Agreement
This Terms of Service Agreement, the Terms of Use, and the appendices hereto constitute the entire agreement between the parties, and supersede any prior proposal, discussion, or writing between the parties with respect thereto. EXCEPT AS EXPRESSLY PROVIDED IN THE PRESENT AGREEMENT, ACTIVIS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED OR LEGAL, AS TO THE MARKETABLE QUALITY, DURABILITY OR FITNESS FOR PURPOSE OF THE GOODS OR SERVICES, NOR AS TO THEIR OWNERSHIP OR COMPLIANCE THEREWITH, NOR AS TO ANY OTHER WARRANTY OR CONDITION ARISING BY STATUTE OR LAW, NOR IN THE COURSE OF DEALING OR USAGE OF TRADE.
Severability and Restatement of Provisions
If any part of the provisions of the present Agreement is held to be unenforceable or illegal or otherwise becomes unenforceable or illegal, such part shall be reinstated to the extent necessary to ensure that this Agreement remains in full force and effect as to the remaining terms and conditions hereof and to the extent the affected provision is so reinstated.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of Québec and the laws of Canada applicable therein. The Parties hereby irrevocably submit all disputes arising from this Agreement to the courts of Québec, judicial district of Montréal.
Complaints
Any complaints or wrongdoing regarding the use or misuse of any site hosted by Groupe Quantik Activis Inc. should be sent to soutien@activis.ca or by mail to: Groupe Quantik Activis Inc., 260 Serge-Pépin, Beloeil, (Québec) J3G 0C3, CANADA. or by fax at +1 (514) 879-3401.
Reserve of Rights of Groupe Quantik Activis Inc.
Activis reserves the right at all times to amend the present policies. Activis reserves all rights not expressly granted herein.