General Terms of Service
This Agreement ("Agreement") is by and between The Technomax Group (" Technomax ") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of service deployment. This Agreement sets forth the terms and conditions of Your use of Technomax ("Software") and services ("Services") and explains Technomax's obligations to You and Your obligations to Technomax in relation to the Software and Services You purchase.
This Agreement as well as any additional Technomax policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Technomax concerning Your use of Technomax's Software and Services, and supersede and govern all prior proposals, agreements, or other communications.
You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement.
TERM OF AGREEMENT: MODIFICATIONS
You agree that Technomax may modify this Agreement and the Services from time to time. You agree to be bound by any changes Technomax may reasonably make to this Agreement when such changes are made. You will be duly informed of such changes and may post objections by using our contact form. If You have purchased Services or Software from Technomax , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, Technomax will not refund any amounts You have paid unless within the 30 day guarantee period. You agree that Technomax shall not be bound by any representations made by third parties who You may use to purchase Services from Technomax , and that any statement of a general nature, which may be posted on Technomax’s Web site or contained in Technomax’s promotional materials, will not bind Technomax. Technomax may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying Technomax should You desire to terminate Your use of Technomax's Services. Notification of Your intent to terminate must be provided to Technomax within 10 days prior to Your billing date but no later than three days prior to Your billing date.
PRIVACY
You can view Technomax's Privacy Policy for this site, which is incorporated herein by reference, as it is applicable to all Technomax Software and Services. The Privacy Policy provides Your rights and Technomax's responsibilities with regard to Your personal information. Technomax will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.
ACCOUNT SECURITY
You agree You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Technomax immediately of any unauthorized use of Your account or any other breach of security. You agree Technomax will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Technomax or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Technomax specifically disclaims liability for any activity in Your account, whether authorized by You or not.
INTELLECTUAL PROPERTY
You agree that Technomax or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.
You understand and agree that all content and materials contained in this Agreement, other policies, the E-Shop Genie© and Technomax site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States and Canada, as well as any other applicable proprietary rights and laws, and that Technomax or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Technomax or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
FEES AND PAYMENT
As consideration for the Software or Services purchased by You and provided to You by Technomax , You agree to pay Technomax at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted (as in our 30 day guarantee policy), even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Technomax expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card or by money order or Electronic Funds Transfer.
Credit card payments shall be set up as to be billed on a recurring basis. You can change such arrangement by contacting us. Accounts will be suspended after 5 days if payment is not made. A reconnection fee will be charged - $50 for hosting accounts, $100 for dedicated and $25 for E-Shop Genie©
REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TECHNOMAX BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF TECHNOMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or provinces may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states or provinces, Technomax's liability is limited to the full extent permitted by law. You agree that in no event shall Technomax's maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Technomax.
DISCLAIMER OF WARRANTIES
Technomax expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. Technomax makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Technomax does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Technomax and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Technomax whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Technomax or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Technomax harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Technomax be notified of a pending law suit, or receive notice of the filing of a law suit, Technomax may seek a written confirmation from You concerning Your obligation to indemnify Technomax. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Technomax shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Technomax of any such claim promptly in writing and to allow Technomax to control the proceedings. You agree to cooperate fully with Technomax during such proceedings.
You agree to cooperate fully with Technomax during such proceedings. You agree You will not be entitled to a refund of any fees paid to Technomax if, for any reason, Technomax takes corrective action with respect to Your improper or illegal use of its services.
GOVERNING LAW, VENUE: WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into in the Province of Ontario. You agree that the laws and judicial decisions of The County of Peel, Ontario, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of The County of Peel, Ontario.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
NOTICES
You agree that all notices (except for notices concerning breach of this Agreement) from Technomax to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Technomax . In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to Go Daddy shall be made either by email, sent to the address provided on the Technomax Web site.
ENTIRE AGREEMENT
You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and Technomax regarding the Services contemplated herein.
Where a service such as E-Shop Genie© is purchased there will be a separate agreement for such and id Web site hosting is included applicable parts of this agreement shall apply.
SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
BACK UP OF CLIENT FILES
Technomax is not responsible for back up of client files stored on the server whether it's e-mail, Web pages, databases, graphics, photos, PDF files or any other file on the clients Website, server or service. Most, but not all, of our servers use RAID 1 which provides a mirrored back up of server files in the event of the failure of the main storage drive. For the most part these back ups are not useable on a clients local hard drive and can't be used to re-create the data when the main drive is restored.
It is therefore essential and prudent that you back up all of your files and databases. Databases can be backed up through your client ADMIN ADREA and it's really a simple procedure. If you used a designer or developer be sure to get a back up of all your files from them. Back up to your local drive and also keep a copy on some form of other media such as CD, tape or other back up media. Close this window