Terms and Conditions

This agreement applies as between you, the User of this Web Site and E-Clients Consulting LP trading as ArtistSite.Design, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site and Services. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

Intellectual Property

All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ArtistSite.Design, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable Canadian and International intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by ArtistSite.Design.

Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of ArtistSite.Design or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site ArtistSite.Design without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of ArtistSite.Design.  To find out more please contact us by email at hi@artistsite.design.

Email Service: Spam

Outgoing spam from our servers will not be tolerated. Spam is defined as unsolicited e-mail. All mailing lists must be double opt-in, meaning that clients must sign up and then verify their e-mail address to be added to your mailing list. Violations of this policy will result in service termination. Spam found to be intentional will result in us sharing your name, e-mail address, phone number, address, IP address, signup domain, and PayPal e-mail address with FraudRecord.com. Additionally, intentional unsolicited marketing emails will be billed at a rate of $1 per email.

Our Services

ArtistSite.Design`s include website hosting, domain registration, one email Domain and website customisation. For the purpose of clarity, customisation means that we will customise our Artist Site Design (Dark or Light Version) with your information, links, automation, and artist picture.

Payment Terms

The Services consist of the website hosting package with the specific configuration which you selected or are going to select through the subscription on the website. You acknowledge and understand that important service limitations, pricing the term of the Service, payment terms, and other conditions relating to the Services are conveyed through the Website Interface and are hereby incorporated into this Agreement.

Billing for our service will commence when the service is created and prior to a new website project. Our services are invoiced annually and reoccurring unless cancelled through a 30-day advance notification via phone, e-mail or postal mail and the initial service fee is non-refundable.

If you choose to activate your domain name with us, your domain name registration and associated services including email services will expire with your subscription.

ArtistSite.Design reserves the right to change the rates by notifying you 60 days in advance of the effective date of the change. ArtistSite.Design reserves the right to cancel hosting service at any time.

Accounts unpaid thirty (3) days after the date of invoice will be considered in default. If you are in default we will, at our discretion, remove all access to our services. ArtistSite.Design will not be responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve you  of the obligation to pay any outstanding charges and you are required to pay interest on the overdue amount at the rate of 4% per annum above the Bank of Canada`s base rate.

Your Account

Using our Services, requires you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that are necessary to offer you our Services. Those must be true, accurate, complete, and kept up to date. You should note that a failure to provide true, accurate, complete, and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether you authorize it or not.

To access your Account, you will be required to provide your member name and password. It is your responsibility to create a strong password and to protect your log in details and to restrict access to your account. You must notify us immediately if the security of your account has been compromised and you accept and acknowledge that we do not assume any responsibility for the safety of your account nor can be held liable for security breaches and activities that occur under your Account nor can accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.

Customer Content

Customer Content includes content of your customers and/or users of your website. Accordingly, under this Agreement, you will be responsible for your content and activities on your website. ArtistSite.Design will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. ArtistSite.Design is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Iceberg provides or the software used by the customer.

Term

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to you. After the Initial Term, this Agreement shall automatically renew. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel, you acknowledge, agree and authorize ArtistSite.Design  to continue billing your credit card and you remain responsible for any uncollected amounts.

Additionally, in an effort to ensure your renewal processes successfully, ArtistSite.Design may process the renewal charge up to two weeks in advance of your expiration date unless you explicitly request otherwise.

Chargebacks

You agree to contact ArtistSite.Design prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through ArtistSite.Design, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you from our platform by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

Termination

This Agreement may be terminated by ArtistSite.Design  a)in the event of non-payment by you, the Customer. b) by ArtistSite.Design , at any time, without notice, if, in ArtistSite.Design's sole and absolute discretion and/or judgment, you are in violation of any term or condition of the this Agreement and related agreements, or your use of the Services disrupts or, in ArtistSite.Design's sole and absolute discretion and/or judgment, could disrupt, ArtistSite.Design's  business operations and/or c) by Company as provided herein.

This Agreement may be terminated by you If You cancel this Agreement, upon proper notice to Company, prior to the end of the Initial Term or any Term thereafter. In any such case you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.

ArtistSite.Design may terminate this Agreement, without penalty, if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving you as much prior notice as reasonably practicable.

Renewals

Services purchased for a set period of one year will be automatically renewed upon the expiry of that period unless you give ArtistSite.Design written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at ArtistSite.Design's then current rates for such Services.

Privacy

For the purposes of applicable data protection legislation, the ArtistSite.Design will process any personal data you have provided to it in accordance Privacy Policy available on the ArtistSite.Design website or on request from ArtistSite.Design.

You agree that, if you have provided ArtistSite.Design with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to ArtistSite.Design and (2) that you have brought to the attention of any such third party the Privacy Notice available on the ArtistSite.Design’s website or otherwise provided a copy of it to the third party. You agree to indemnify ArtistSite.Design in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

ArtistSite.Design makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Availability of the Service

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

ArtistSite.Design accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Warranties and Disclaimers

You acknowledge that the hosting services and other services may not always be available, and with the exception of any express warranties contained in this agreement, ArtistSite.Design   expressly disclaims any other representations, warranties, or conditions with respect to the hosting services or otherwise arising from this agreement whether express or implied, past or present, statutory or otherwise, including without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose and any warranty that the hosting services will be uninterrupted or error free.

Limitation of Liability

To the maximum extent permitted by law, ArtistSite.Design accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts artistsite.design’s liability for death or personal injury resulting from any negligence or fraud on the part of artistsite.design.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions.  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

Content and Turnaround

ArtistSite.Design will install and publicly post or supply your website by the date specified in the order confirmation, or at the date agreed with you upon receiving initial payment, unless a delay is specifically requested by you and accepted by us.

You agrees to provide us promptly with all necessary, information, materials and data, reasonably required by us for the performance of the Services.

During the project, ArtistSite.Design will require you to provide website content; text, images, movies and sound files, along with any relevant background information.

Failure to provide required Information

It is your responsibility to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by us will result in delay of project, or risk putting the project on hold.

Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Payments made are non-refundable and will not be returned should a project be delayed or terminated as a result of you failing to adhere to the project timeline.

Project Completion

A project is completed when the full scope of the agreement has been reached, and you have approved the project. Should you request changes beyond what was agreed, we may complete these changes at additional cost.

Intellectual Property Rights

ArtistSite.Design shall own all intellectual property rights (whether or not patentable or registrable under copyright, trade-mark or similar legislation or subject to analogous protection) in and to the website, and all work conceived, created, invented, produced, designed or reduced to practice by ArtistSite.Design and its personnel as a result of or with respect to any and all Customisation Services provided to you.

Your rights and obligations relating to the use of the website shall be governed by the terms of this  Agreement regardless of whether you may have contributed to the website in any way. The foregoing shall not be deemed to transfer ownership to ArtistSite.Design of any pre-existing intellectual property rights that you may have in the materials that you provide to us in order to permit ArtistSite.Design to perform the Customisation Services; however, to the extent that you have provided such materials to us, you hereby grant us a non-exclusive, non-transferable, royalty-free license to use all such materials for the purposes of performing the Customization Services and providing you with the website.

Assignment

You may not assign the agreement represented by these TOS, either in whole or in part, without the prior written consent of ArtistSite.Design. Any other attempted transfer or assignment of rights hereunder shall be null and void. ArtistSite.Design may assign its rights and obligations hereunder without your prior consent.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages, pandemic, epidemic or the failure of any third party to perform any commitment relative to the production or delivery of any content or material required for such party to perform its obligations hereunder.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to hi@artistsite.design.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and ArtistSite.Design shall be governed by and construed in accordance with the Law of Canada and ArtistSite.Design and you agree to submit to the exclusive jurisdiction of the Courts of Ontario.