Terms of Service
Last Updated: March 25, 2019
- Provision of Services
- Service Level Agreement (SLA)
- Use of Services
- Fees and Payment
- Cancellation and Refund Policy
- Data Storage
- Third Party Applications
The following agreement (“TOS,” “Terms” or “Agreement”) describes the terms and conditions of all website services provided by CL Web Developers, Inc (“CL Web Developers”, “we”, us”, “our”). We reserve the right, in our sole discretion, to modify this agreement at any time, and without prior notice, by posting an amended version on cldevs.com (our website). By purchasing or subscribing to a service provided by CL Web Developers, you declare that you have read, understood and agree to be bound by this agreement. After posting an amended version of this agreement, we may notify you about the changes as required by applicable law.
1. Provision of Services
a. For the purposes of this agreement, “service” or “services” refers to any and all services provided by CL Web Developers, including but not limited to design services, hosting services, data analytics, search engine optimization (SEO), ecommerce services, consulting, project management, technical support and systems administration.
b. Features and descriptions of our services are provided on our website. We may modify (add/remove) or upgrade our services at any time without prior notice.
c. We require contact information from prospective clients before engaging in business or providing any service. The following contact information is required by us:
- Full name
- Email Address
- Company Name
d. You may request a service through our website forms, online chat, or contacting us directly via email. A designated consultant will respond to your request and follow up with you within 1 business day.
2. Service Level Agreement (SLA)
The CL Web Developers SLA outlines our specific processes and procedures regarding website hosting and maintenance. It describes the availability of our services, remedies for systems failures, and protocols for daily operations. If you subscribe to a website maintenance or hosting plan you also agree to the terms of our SLA which is posted on our website.
3. Use of Services
a. You acknowledge and agree that your use of our services and any content uploaded, stored, published and displayed are in compliance with this agreement and all applicable laws, including laws of the jurisdiction where the service or content is uploaded, hosted, stored, accessed or used.
b. You may not upload, store, publish and display on or through our services any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent’s consent in the case of a minor). If you use our services to upload, store, publish, display or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.
c. You may not use our services to send unsolicited emails to other parties. All communications sent from your website and online assets hosted by CL Web Developers must abide by Canadian Anti-Spam Legislation (as defined here: https://crtc.gc.ca/eng/internet/anti.htm).
d. If we deem your use of our services as detrimental to CL Web Developers operations or noncompliant with this agreement and applicable laws, we reserve the right to terminate your services without prior notice and subject to our refund policy.
4. Fees and Payment
a. You agree to pay the related fees when you request or subscribe to any of our services. If no payment terms are specified, fees shall be paid in full before our services are provided to you.
b. We reserve the right to terminate or interrupt services if payment for services provided is not received within 30 days past the payment due date.
c. You agree to pay any applicable taxes which are required to collect unless you provide us with valid tax exemption documentation.
d. The following payment terms apply for all subscription related services:
- Monthly subscription: Payment to be processed electronically via credit card on the day of the subscription. Pre-authorized credit card transactions will be processed month-to-month until cancellation is requested.
- Yearly subscription: Fees to be paid in full before services are provided. Accepted payment methods include credit card, e-transfer or cheque. At the end of the subscription period you’ll be expected to pay fees in full to continue the service, or you may switch to month-to-month subscription.
d. All project fees will be invoiced individually and payment terms will be specified within a project document signed by both parties.
e. All fees are specified in Canadian dollars. Charges will appear on your account and statements as “CL Web Developers”, “cldevs.com” or “cldevs”.
f. Monthly or yearly invoices are emailed electronically which you can print off at your convenience. We will not mail paper copies to you.
5. Cancellation and Refund Policy
a. You acknowledge that all our services are non-refundable once services have been initiated and payment has been received.
b. You may cancel a service or subscription at any time by contacting us via our website. It takes up to 60 days to cancel any service or subscription, and fees will be charged while we process your cancellation.
6. Data Storage
a. You acknowledge that data pertaining to your website will be stored in multiple locations to ensure data redundancy and ability to recover from failures in single data centers.
b. You acknowledge that all servers, databases, and backups, will be stored exclusively in Montreal, QC, Canada unless both CL Web Developers and you agree that your online assets will be best served from another available country within our hosting capacity. Some data such as cached content on your website may be stored in other countries for performance and availability considerations.
c. You acknowledge that we leverage controls put in place by our cloud hosting provider, which is currently Amazon Web Services, for all websites. Visit AWS website.
d. Access to your websites’ data can only be done through the unique user account your website operates under and by the CL Web Developers.
e. Your data will only be accessed by CL Web Developers to ensure data integrity and infrastructure operation.
f. CL Web Developers will not distribute your data to 3rd parties without your explicit approval.
g. Content of emails sent from websites may be routed through servers in the United States.
7. Third Party Applications
a. As we are a technology company, you acknowledge that we use third party applications and platforms to provide or enable elements of our services.
b. You acknowledge that our servers, storage, and networks are provided by Amazon Web Services and our hosting environments leverage cloud technologies.
c. You acknowledge that we use Google Analytics to monitor and report on all website traffic for every website subscribed to our hosting plans. We implement IP anonymization in our scripts, however all data regarding your website traffic and visitors is sent to Google. For more information about what information Google collects and how they use it, please refer to the following documents:
d. You acknowledge that we use third party applications for all business communications including email correspondence, online chat, and CRMs.
e. You acknowledge that we use a third party payment gateway called Stripe to process all credit card transactions for our own website as well as for our clients’ websites.
f. You acknowledge that we will do our due diligence to ensure that all third applications we use remain reputable, secure and supported. However, we will not be held responsible for any vulnerabilities exposed by third party applications that impact your business.
You agree to indemnify, defend, and hold harmless us and our subsidiaries, affiliates, agents, officers and employees, and vendors (including without limitation our Third-Party Reporting Agencies and affiliates) (the “Indemnified Parties”) from any claim, suit, action, or loss arising from or relating to any claim by a third party which arises as a result of your use of the Services, including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fined or other penalties, litigation costs, and attorneys’ fees. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
a. Although we perform regular backups of your website, we do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, content that is corrupted prior to being backed up or that changes during the time a backup is performed. We will provide support to you and attempt to troubleshoot any known or discovered issues that may affect your backups, but you acknowledge that we have no liability related to the integrity of your backups or the failure to successfully restore your content to a usable state. You agree to maintain a complete and accurate copy of any customer content in a location independent of our services.
b. Other than expressly set out in the agreement, our services are provided “as-is”, as available and with all faults. We cannot guarantee that our service will meet or continue in the future to meet your needs, or that we will continue to provide our services or any aspect of our services in the future. To the maximum extent permitted by law, we will not be liable responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, interruption of service, data non-delivery, site interruption, and/or punitive damages. To the maximum extent permitted by law, our total liability for any claim relating to our services or this agreement, including any claim for any implied warranty, is limited to the amount you paid to us to use the services.