By placing an order for services using the OrangePips.com website, or by signing and returning a completed order form and/or using OrangePips.com services, you ("Customer") agree to our Terms of Service as follows:
Services
Subject to the terms and conditions of this Agreement, OrangePips.com will provide the web design, web hosting, email hosting and/or related services described in the plan you selected from our then published list of services
as offered from time to time ("Services"). The specific plan of Services to be provided shall be as you selected in the initial order and thereafter as established through correspondence between you and OrangePips.com.
Billing
We will invoice you annually, quarterly or monthly, according to your contract. Check payments can be accepted for an annual fee provided such payment is made 14 days in advance of due date.
Unfortunately, we are unable to accept check payments for any contract term less than 12 months. Fees due for contract terms less than 12 months must be made by credit card. We will issue invoices in either hard copy
or electronically according to your preference. Invoices will contain detailed payment instructions. Check payments are due upon receipt of invoice. A $35
fee will be charged for insufficient funds checks. Your services may be deactivated if your fees are not paid within 15 days of the due date. For customers using hosting services only we will automatically charge your credit card for your monthly hosting fees.
In this event you will receive a payment confirmation by email each time a charge is processed against your credit card.
Domain Name Registration and Transfer
At your request OrangePips.com will register all domains in your name and you will be the sole owner of your domain(s). OrangePips.com will pay your Registration Fees and renewal fees as long as you are a customer. We will
bill you for all such registration and renewal fees we pay on your behalf. The specific fees for domain registrations, transfers and renewals will be determined at the time of service by OrangePips.com published list of services
as offered from time to time. If you ever terminate your service with us and you would like to take your domain(s) with you, there will be a $75 processing fee per domain to transfer your domain(s). OrangePips.com makes no
representation that the domain names you wish to register are capable of being registered or that they will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you
have been notified of completion of the registration of the domain(s). Any action you take before such notification is at your own risk. The registration and use of your domain name is subject to the terms and conditions of
use applied by the relevant naming authority.
Price Changes
We reserve the right to change out pricing structure at any time without notice. Pre-paid contracts will be maintained at the original rate for the period of pre-payment. In the event that prices are increased, we guarantee that
contract renewals will be available to customers with existing current contracts at a rate not exceeding a 20% uplift on their contract in any one year. In the event that the published package price is reduced then customers with existing
contracts for that package will be offered the full reduction of the package price for any renewals.
System backups
OrangePips carries out periodic backups, these are to be used for system restore only, and are not tested for individual account backup. Customers using OrangePips hosting services without an OrangePips web design and maintenance
agreement are responsible for backing up their own data.
Intellectual Property
By becoming a customer of OrangePips.com, you have granted us the right to place information you have given us on your site and other sites and you agree to indemnify and hold us harmless against any and all claims or causes of
actions that may arise with respect to the information, against us
or our affiliates. You are responsible for obtaining any and all necessary consents and clearances required to lawfully make use of any and all intellectual property rights through the Services, including without limitation,
clearance and/or consents in respect to your proposed domain name(s). You agree that all information submitted to, stored or distributed via the Services will not infringe copyright or any other intellectual property rights.
With the exception of the information you give us to place on your site OrangePips (or our affiliates) will maintain full rights to all other intellectual property including designs, layouts, program code and scripts, database
structures and scripts, proprietary strategies and processes, and other intellectual property of OrangePips (or our affiliates). In the event that you wish to cancel your contract with OrangePips, but obtain the website in
reusable form either in full or in part, we will make this available for a one-off fee of $50 per web page.
Web Site Hosting, Online Transactions and E-mail
You agree that you will use the Services only for lawful purposes. You agree not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or
permit any other person to do so. You agree not post, link to or transmit any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in
any way; any material containing a virus or other hostile computer program; any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright
or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. You also agree not use the Services for spamming. Spamming includes, but is not limited to (1) the
bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients, (2) the sending of junk mail, (3) the use of distribution lists that include people who have not given specific
permission to be included in such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5) posting articles containing binary encoded data to a non-binary newsgroups, (6) excessive and
repeated posting off-topic messages to newsgroups, (7) excessive and repeated cross-posting, (8) e-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene
material, or material of any nature which could be deemed to be offensive, and (9) the e-mailing of age- inappropriate communications or content to anyone under the age of 18. OrangePips.com shall make reasonable attempts to
respond to any complaints you may make regarding the receipt of spam or other harassing e-mail.
Authorship Marks and Client References
By using the services, you grant OrangePips.com the right to place a reasonably sized and positioned logo and/or text link ("Authorship Marks") on website pages and Enhanced Email Templates included in the services. You also
agree that OrangePips.com may reference our relationship with you and the services we supply to you, provided such references do not violate your intellectual property rights or confidentiality rights.
No Warranty
All information on your site is provided to you and end users on an "as is" "as available" basis without warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose, and non-infringement. Use of your site is at the risk of you and the end user. We do not warrant that use of your site will be uninterrupted or error-free. As a service to you and people who
visit your site, we permit you to publish information regarding yourself and your services. We do not recommend or endorse you, and we are not responsible for the accuracy or reliability of any opinion, advice, or statement
made by you or otherwise through your site. It is your responsibility to ensure the accuracy, completeness, or usefulness of any information or content available on or through your site.
Limitation of Liability
We specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any actual, direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with
access to or use of your site, even if we have been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user,
interruptions in telecommunications connections to the site or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Web site,
software, or related information, records or programs and whether in contract or tort. You agree to release, indemnify, defend and hold OrangePips.com harmless from and against any liability, damages, costs or losses arising from
or in connection with any use of the Services.
Modifications to Policies
We reserve the right to modify the policies governing any OrangePips.com service at any time. Modifications will be posted to our corporate website at www.OrangePips.com or otherwise made available to you. Once posted to our website
or otherwise made available to you, you are deemed to be apprised of and bound by any changes to these policies.
Governing Law
OrangePips.com operates from its offices within Ontario, Canada. OrangePips.com makes no representation that the information in your site is appropriate or available for use in other locations, and access to your site from
territories where its contents may be illegal is prohibited. Those who choose to access your site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating
to the information available on your site will be governed by the laws of the Ontario, Canada. This agreement is assignable by OrangePips.com only.
Cancellation and Termination
If you cancel your site within five (5) business days of ordering you will receive a refund of all fees paid less a $30 administration fee. If fees paid amount to less than $30 then no refund will be made. Signed written notice of
cancellation must be received within this period. After the initial five-day cancellation period, we are unable to refund any portion of your setup or paid fees. At any time, you may terminate your account with OrangePips.com by
providing signed written notice 30-days prior to the end of your then current billing cycle. OrangePips.com will deactivate your site off our servers within 10-15 business days of receipt of termination notice and it is your
responsibility to archive any information from your site before deactivation. If signed written notice is received at least 30-days prior to the end of your then current billing cycle, your account will be billed for any outstanding
charges and then closed. Otherwise, your credit card may be charged for pre-payment of the then next billing cycle for your site. Written notice of termination must be sent to:
OrangePips.com
PO Box 394
Caledon Village
Ontario
Canada
L0N 1C0
All fees quoted in the above terms are in Canadian Dollars.
Any other questions on this policy should be directed to info@orangepips.com
