NetDynamics Global Corp. - Internet Services
Terms and Conditions
TERMS
OF SERVICE
The
Service is owned and operated by NETDYNAMICS GLOBAL CORPORATION
for the benefit of the owner of the Web site in order to provide
the Service. Your use of this Service provided to you ("Client")
therein are subject to the Terms of Service and Conditions of
this Service Agreement. The Terms of Service and Conditions comprises
the entire Agreement between Client and "NETDYNAMICS GLOBAL
CORPORATION". Additionally, certain pages of this Web site
or related to the Service may contain particular features or offers
(for example, promotions or contests). In the event that the Terms
of Service Agreement conflict with any such additional services
contained within any particular page of this Web site or related
to the Service, then the Terms of Service Agreement shall govern
and control your use of this Service.
1.
NETDYNAMICS GLOBAL CORPORATION exercises no control whatsoever
over the content of the information passing through its network.
NETDYNAMICS GLOBAL CORPORATION makes no warranties of any kind,
whether express or implied, for any service it is providing. The
Client acknowledges that Internet is prone to failure, breakdowns,
interruptions and uncontrollable outages and that NETDYNAMICS
GLOBAL CORPORATION will not be responsible for any damage a Client
suffers. This includes loss of data resulting for delays, nondeliveries,
misdeliveries, or service interruptions. The client shall be responsible
for making and keeping backup copy of Client's email, programs
and/or data at all the time. To prevent NETDYNAMICS GLOBAL CORPORATION
host Servers from being damaged, Clients agreed not to post files
larger than 10MB in size, store data in virtual server space and
outside of permitted locations and/or Use their sites as hacking
platform or store files such as viruses, hacking scripts and other
potentially harmful files that may damage and/or effect performance
of our or any other Server or PC on Internet.
2.
Clients use of NETDYNAMICS GLOBAL CORPORATION Web and Mail Hosting
Servers may only be used for lawful purposes. Posting and transmitting
any material in violation of any applicable law or regulation
is prohibited. This includes, but is not limited to: threatening,
obscene, or defamatory statements, spammail, bulkmail, transmission
of data which belongs to a third party and/or is protected by
copyright, trade secret, patent, or other intellectual property
Laws. NETDYNAMICS GLOBAL CORPORATION specifically denies any responsibilities
for any accuracy or quality of information obtained through its
services. Client agrees to indemnify and hold harmless NETDYNAMICS
GLOBAL CORPORATION from any claims resulting from Client's use
of the service or the use of the service by any party authorized
by Client which may cause damages to NETDYNAMICS GLOBAL CORPORATION.
3.
To the fullest extent permitted by applicable law, this Agreement
and any other agreements, notices or other communications regarding
Client account and/or your use of the Service ("Communications"),
may be provided to Client electronically and Client agree to receive
all Communications from NETDYNAMICS GLOBAL CORPORATION in electronic
form. Client agrees and warrants that Client has access to the
Internet and to a current functional personal e-mail address from
a local ISP. Although NETDYNAMICS GLOBAL CORPORATION will take
reasonable steps to contact Client based on information that Client
has provided and NETDYNAMICS GLOBAL CORPORATION will not be liable
for any undelivered e-mail communications or any costs Client
incurs for maintaining Internet access and an e-mail account.
Client has an AFFIRMATIVE OBGLIGATION to provide NETDYNAMICS GLOBAL
CORPORATION with a correct and operational e-mail address, and
to notify NETDYNAMICS GLOBAL CORPORATION promptly as to any changes
or cancellations of any and all e-mail addresses Client provided
to NETDYNAMICS GLOBAL INTERNET CORPORATION. NETDYNAMICS GLOBAL
CORPORATION reserves the right to take measures to ensure the
integrity of its contact directory, and expects that Client will
cooperate and keep Client contact information correct and current.
4.
Payments for Web Hosting & other Internet services. Account
activation, design, and setup fees are due immediately upon activation
of account. Accounts are in default if payment is not received
within 30 days after the date of service activation. If Client
payment (personal cheque) is returned to NETDYNAMICS GLOBAL CORPORATION
unpaid, Clients are in default and subject to a charge of $25
payable to NETDYNAMICS GLOBAL CORPORATION. Accounts unpaid 45
days after date of service activation may have their service interrupted.
Accounts paid by Credit Cards will be in default, if funds are
declined by Credit Card Company and may have their service interrupted.
Such interruption does not relieve Client from the obligation
to pay to NETDYNAMICS GLOBAL CORPORATION. Accounts in default
are subject to an interest charge of 2.5% per a month, or the
maximum rate permitted by law, on the outstanding balance. Additional
charges will be added to restore those services. Client agrees
to pay NETDYNAMICS GLOBAL INTERNET CORPORATION its reasonable
expenses, including attorney and collection agency fees, incurred
in enforcing its rights under these Terms of Service. Prices for
all Internet Services provided by NETDYNAMICS GLOBAL CORPORATION
can be changed by NETDYNAMICS GLOBAL CORPORATION and we reserve
the right to change the rates and otherwise modify these prices
at any time without advance notice.
5.
Discounted hosting rates available only with the purchase of not
less than a One Year Web Hosting contract (not applicable to adult
and gambling sites hosting) and must be paid One Year in advance.
Client may cancel only service purchased on a month-to-month basis
without penalty by giving 30 days notice, in writing. Client may
cancel contracted service by giving 30 days notice, in writing,
but Client will be subject to an early termination charge equal
to the balance remaining under the terms of the original term
contract. Account activation, design, setup and disconnection
fees are non-refundable. If the contract is terminated for any
reason, Client shall be liable for all costs incurred by NETDYNAMICS
GLOBAL CORPORATION, including but not limited to, cancellation
costs and consequential expenses incurred in fulfilling the contract.
If the contract is terminated on the same day it was signed, Client
will be obligated to pay full month-to-month plan service charge,
account activation, setup and disconnection fees for the month
in which the service is terminated.
6. NETDYNAMICS GLOBAL CORPORATION offers Domain Name registration
services only to Clients who use NETDYNAMICS GLOBAL CORPORATION
to select domains. Posted prices for Domain Name Registration
can be changed by NETDYNAMICS GLOBAL CORPORATION and we reserve
the right to change the rates and otherwise modify these prices
at any time without advanced notice. Cost of Domain Name Registration
Services (registration fees, domain parking fees, set up fees
etc.) are included in posted prices of the Web Builder Products
and no additional charges will be applied ONLY IF registrant(s)
of Domain Name uses NETDYNAMICS GLOBAL CORPORATION Web Builder
and Monthly Web Hosting Services to host their Web Sites, otherwise
Cost for Service charged in amounts set by NETDYNAMICS GLOBAL
CORPORATION for these and other services shall be paid to NETDYNAMICS
GLOBAL CORPORATION.
6.
NETDYNAMICS GLOBAL CORPORATION offers a guarantee policy on our
Traffic Builder Pro product lines of a fixed number of annual
website visitor traffic calculated monthly. If NETDYNAMICS GLOBAL
T CORPORATION fails to generate the minimum number of annual website
visitor traffic, this guarantee entitles the Client to a portion
of the total annual invoiced amount relative to the percentage
of annual website visitor traffic that NETDYNAMICS GLOBAL CORPORATION
did not generate. Annual website visitor traffic will be measured
by monthly visitors through NETDYNAMICS GLOBAL CORPORATION website
statistics measuring of choice and these stats will be made available
to all clients. Clients must notify NETDYNAMICS GLOBAL CORPORATION
by writing or email in order to claim any amounts. The annual
period will commence on the first day that monthly billing commences
and is paid for by the client. The client must have all invoices
paid up to date to recieve any claimed amounts.
8.
NETDYNAMICS GLOBAL CORPORATION shall not insure or be responsible
for any loss or damage to property of any kind owned or leased
by Client or its employees, contractors, and agents placed at
NETDYNAMICS GLOBAL CORPORATION point of presence. Any policy of
insurance covering the Equipment owned or leased by Client against
loss or physical damage shall waive their rights against NETDYNAMICS
GLOBAL CORPORATION and Landlord and each of their directors, officers,
employees, contractor and agents.
9.
This agreement takes effect when accepted by Client and by NETDYNAMICS
GLOBAL CORPORATION in Canada. It is to be governed by and construed
under the laws of the Province of British Columbia and Canada.
The federal and provincial courts of the Province of British Columbia
shall have exclusive jurisdiction to adjudicate any non-arbitrable
dispute arising out of this agreement.
10.
Client must read the current Terms of Service prior to initiating
a transaction. By clicking "I Agree", or by submitting
payment information through the Order Form, Client agrees to the
Terms of Service of this Agreement. Client further agrees that
this Customer Agreement forms a legally binding contract between
Client and NETDYNAMICS GLOBAL CORPORATION, and that this Agreement
constitutes "a writing signed by Client" under any applicable
law or regulation. Any rights not expressly granted herein are
reserved by NETDYNAMICS GLOBAL CORPORATION.
11.
NETDYNAMICS GLOBAL CORPORATION reserves the right to change the
rates at any time. NETDYNAMICS GLOBAL INTERNET CORPORATION reserves
the right to modify these Terms of Service at any time without
advanced notice. These Terms of Service supersede all previous
representations, understandings or agreements.