TERMS & CONDITIONS
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged 99 digital to perform certain Services as outlined herein. This is a legally binding agreement between you and 99 digital. By becoming a 99 digital Client, you agree to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to 99 digital.
99 digital will provide the Services to Client as outlined on the 99 digital website (www.99digital.ca).
2. 99 DIGITAL OBLIGATIONS
2.1 99 digital will provide Services to Client in accordance with 99 digital`s standard policies and procedures. 99 digital reserves the right to reject Clients for any other reason, in 99 digital`s sole discretion. 99 digital will be responsible for all aspects of providing the Services.
2.2 All 99 digital rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and 99 digital may change its rules, policies and operating procedures from time to time in its sole discretion.
3. FEES AND PAYMENT
3.1 All fees for Services provided to Client are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for service.
3.2 Initial charges for service will be paid in advance of service. Thereafter, 99 digital will attempt to charge Client’s credit card on the monthly anniversary date of the client first ordering services. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. Suspension of Services for non-payment will not result in a proration of fees.
3.3 Except in the case of a material breach of this agreement by 99 digital, 99 digital does not issue refunds of any fees for any reason.
4.1 The client may cancel their subscription to 99 digital at any time by supplying 99 digital written confirmation by email to email@example.com of their intent to cancel 30 days prior to their next billing anniversary.
4.2 If the client cancels their subscription before their 12 month subscription anniversary, 99 digital retains sole ownership of the domain name and website complete for a period of 12 months from the start of the agreement with 99 digital unless the Client enters into a Transfer of Ownership agreement with 99 digital.
99 digital retains ownership of the domain name and website complete, including all artwork, content, files, programming, data, WordPress plugins, WordPress themes and hosting for the first 12 months of the subscription after which time the Client may choose to transfer the website at their discretion thus ending the subscription with 99 digital. If the Client wishes to terminate the subscription with 99 digital prior to the 12 month period, and retain the domain name and website, the Client must buy out the remaining months in full as well as pay a $50 CAD transfer fee.
6. WARRANTY DISCLAIMERS
99 DIGITAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Client will indemnify and hold harmless 99 digital and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any breach by Clients of any of the terms of this Agreement.
8. LIMITATION OF LIABILITY
99 DIGITAL SHALL NOT BE LIABLE TO CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF 99 DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 99 DIGITAL`S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO 99 DIGITAL BY CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in 99 digital’s sole discretion. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties` successors and permitted assigns; provided however, that Client may not assign this Agreement, in whole or in part, without 99 digital`s prior written consent and any assignment by Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the province of British Columbia, Canada without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Vancouver, Canada, and the parties hereby consent to the jurisdiction of the province and federal courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via Canada Post Certified Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
Who we are
Our website address is: https://www.99digital.ca.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
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Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.