SustainableBizDesign Terms & Conditions
DefinitionsIn these Terms and Conditions:
Charges means our charges for performing the Services;
Component means each individual component of the website package;
Conditions means these contractual conditions;
Congratulations Email/Letter means a document or electronic communication that we issue to you to confirm publication of your website package;
Commencement Date means the date on which we commence the provision of the first Component Service to commence;
Eligibility Criteria means the set of criteria (if any), as may be amended by us from time to time, that you must meet and continue to meet in order to be eligible to receive the Services; “Rate” means the price list issued by us from time to time giving the prices of certain Advertisements and other details related to our products and services;
Website package means the services we agree to perform under a Contract;
Termination Date means the date on which we cease to provide the last Component Service;
SustainableBizDesign means SustainableBizDesign.com, a company registered in Canada under number 07439429, whose registered office is at SustainableBizDesign.Com, 51 Sherbrooke West, Montreal, Canada; and we and our has a corresponding meaning;
Customer, You means the person, company or other who offers to purchase one or more Services or a person, company or other organisation who or which enters into a Contract with us for the provision of Services; and “your” shall have a corresponding meaning.
The website package and its components
The SustainableBizDesign.com website package is made up of 6 components which carry the following terms and conditions:
a. A registered .com website name: The customer will be the registered legal owner of the domain name. As part of its service, SustainableBizDesign.com (SustainableBizDesign) purchase, manage, renew and host domains on its third-party servers on behalf of its customers until the termination of the customers account and the domains expiry.
The Customer may, at any time, transfer their domain name away from the SustainableBizDesign servers to an alternative hosting solution, providing that the customer has no outstanding debts with SustainableBizDesign. SustainableBizDesign is not responsible for any third party charges incurred by transferring a domain name away from SustainableBizDesign. SustainableBizDesign will charge a one off fee of $50 to transfer the domain name to an alternative hosting company to cover administrative costs.
Once payment is made by the customer, domain names registered are final and cannot be changed. Any changes will require the registration of a new domain name at a current cost of $20 per domain name registered for one year from the date of registration.
If the Customer does not renew his/her account the domain name will expire. SustainableBizDesign excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of the Customer’s failure to renew his/her account.
SustainableBizDesign excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of a technical fault or any other fault caused by any third party.
SustainableBizDesign excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of a technical fault of any other fault caused by the negligence of SustainableBizDesign.
b. 1 separate Email Address: The website package includes 1 individual email account. The mail address is created, managed and renewed by SustainableBizDesign. SustainableBizDesign shall have no liability, contingent or otherwise, to you or to third parties or any responsibility whatsoever, for the content and material sent or received in customers email account. It is the customer’s responsibility to manage their own email disclaimer.
POP3 and SMTP services on the Customer’s domain name is available only during the Customer’s account.
c. Fully hosted and maintained by us: SustainableBizDesign host customers websites on third party servers (iweb.com). The Customer acknowledges that systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.
In the event of any such interruptions, SustainableBizDesign will notify the Customer by email as soon as reasonably practicable of any such interruptions to its ability to provide the services included in it’s website package.
SustainableBizDesign agrees to rectify faults or problems and to restore services to full operational capacity as soon as reasonably practicable.
SustainableBizDesign excludes liability for any loss of profit caused to the Customer as a result of its services not being fully operational.
d. Websites built, published and ready for you in 24 hours: Websites will be published within 24 hours of payment received (explained in term 6,b). Customers will be notified of websites publication on receiving congratulations email/letter.
e. All websites are listed on the world’s top search engines, including Google and the Google Local Map service free of charge: SustainableBizDesign are responsible for the opening and creation of customers Google Local Listing.
It is not the responsibility of SustainableBizDesign to verify the account using Google’s pin verification check and SustainableBizDesign excludes liability for any loss of profit caused to the Customer as a result of Google Local accounts not being verified. Once listed on Google Local SustainableBizDesign are not responsible for the customer’s on-going Google Local listing promotion.
The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
f. Website content changes: The websites design, logo, emails, website structure delivered by SustainableBizDesign are accepted by the customer as a fully functioning, final completed work. Text updates are subject to a fair use policy.
Our text updates fair use policy is limited to 1 change per week, and a total of 10 updates per year.
The Contract, Commencement, Duration and Termination
When you order Services from us, you enter into a Contract with us. The Contract is made up of:
a. these Conditions applicable to the various components of the web site package (shown above), including any applicable Eligibility Criteria;
b. the charge applicable to your pack age;
c. the confirmation of account (‘congratulations’ email)
Accounts last for one year, and begin on the date stated on customers ‘congratulations’ email.
We may terminate all or part of the Services with immediate effect by giving written notice to you if:
a. you commit a material breach of any provision of the Contract, or a series of breaches of the Contract which when taken together amount to a material breach of the Contract, provided that in the case of a breach which is capable of remedy you fail to remedy the breach within fourteen (14) days of receiving a written request to do so;
b. you cease or threaten to cease to carry on the whole or any part of your business or you are unable to pay your debts as they fall due;
c. if you are a limited company, you convene a meeting of your creditors or a resolution is passed or proposed for your voluntary winding up or a petition for your compulsory winding up is presented or proposed; if you are a person, firm or a partnership, you, or any one of you, convene a meeting of your creditors or a resolution is passed or proposed for an individual voluntary arrangement for you or any one of you, or a petition for your, or any one of your, bankruptcy is presented or proposed;
d. an administrator, receiver, manager or supervisor of a composition or scheme is appointed or applied for; by you or any one of you;
e. you undergo a change in control (other than as a result of reorganization, amalgamation or reconstruction without insolvency);
f. you are the subject of a receiving order in bankruptcy or suffer execution, distress, any form of diligence or seizure to be levied or effected on or against your premises, assets or effects; or
g. we suffer from any event or circumstance which is beyond our reasonable control or which it could not reasonably be expected to have taken into account at the date of the Contract, and which results in or causes our failure to perform any or all of our obligations under the Contract. We may withdraw any package product, or any promotional offer related to a package product, at any time without notice. Where we do so, we will honour any Contract for that package which has been formed prior to the date of the withdrawal.
Customers will be notified one month before account expiry of the SustainableBizDesign renewal policy and payment due. Payment must be made no later than 14 days before the expiry date stated on the customers account. SustainableBizDesign excludes liability for any loss of profit caused to the Customer by the expiration of the account and the customer’s website being removed.
SustainableBizDesign shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the content, logo and pictures that you make available to SustainableBizDesign for the purpose of your website.
SustainableBizDesign makes no warranty whatsoever to the customer, express or implied, regarding the security of the customers information on the site.
This service may provide links to certain Internet sites sponsored and maintained by third parties. SustainableBizDesign makes no representations concerning the content of the Sites. The fact that SustainableBizDesign may provide a link to another Site does not constitute an endorsement, authorization, sponsorship, or affiliation by SustainableBizDesign with respect to the Site, its owners, or its providers.
If the Customer advertises or offers to sell goods or services via their web pages, they undertake to provide goods in conformity with any description and warranties made. The Customer agrees to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.
Your use of the products and services on this website may be monitored by SustainableBizDesign.
Prior to formation of the Contract we shall be free to determine, at our absolute discretion, whether or not to offer to provide the Services to you.
We will send you an invoice for the total Charges and (in the absence of any other specific arrangement between you and us in relation to payment for our provision of the Services) you must pay us the whole amount shown on demand.
a. Charges are in United States dollars (USD).
b. Payment shall mean the receipt by us at our principal place of business (or elsewhere as we may direct) of the crediting to our bank account of a cheque or money transferred electronically or through paypal or by payment made online using our secure payment pages.
c. SustainableBizDesign reserve the right to adjust the cost of their Services at any time.
Our "Single work enquiry in the first year" offer and refund
a. A work enquiry is classed by the customer receiving one single work enquiry through the use of an online contact form being completed on there website and being successfully sent to their chosen email inbox.
b. It is not the responsibility of SustainableBizDesign that this work enquiry email is read or action is made and SustainableBizDesign excludes liability for any loss of profit caused to the Customer as a result of this work enquiry email not being read or responded to.
c. Once the first work enquiry of the customers account is received, SustainableBizDesign will send confirmation of its arrival.
d. Refunds will only be made, when after 365 days from the account start date, no work enquiry has been received and the customer decides to close the account and therefore the website.
e. the offer is applied to the first year of the customer’s account only.
Refunds will be given solely at the discretion of the Company Management.
Terms and conditions changes
SustainableBizDesign may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the SustainableBizDesign. Your continued use of your website package after changes are posted means you agree to be legally bound by these terms as updated and / or amended.
SustainableBizDesign reserve the right to adjust the cost of their Services at any time.
If you wish to speak to one of our representatives about any of the above, please contact us: 1-800.WEB.GREEN