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PAYMENT POLICY

To help ensure a proper billing system for our SiteMajic clients, it is important to outline a payment policy that we feel will benefit yourself and our staff. If you have any questions regarding the payment policy, feel free to email accounting@sitemajic.com.

All invoices are billed to your website. Bill notifications are sent to you by email and are expected to be paid within 15 days of the invoice date. Should any invoice exceed the allowable term, then that invoice is subject to our Late Payment Policy. If you are a client outside of Canada, you will be billed in U.S Dollars. If you wish to have your invoice mailed to you, there will be a $15 charge per invoice.


Late Payment Policy

  1. After 15 days, the client will lose administration access to their website.
  2. After 30 days, the client's website will be shut down. This means the public will be unable to view your website. In order to bring your site back up, there will be a $25 lock out fee.
  3. After 60 days, the client's website will be deleted. There will be a $250 charge to re-activate your website.


Cancellation Policy

If a client wishes to cancel their website with us, we require 30 days notice. The client must provide written notification and send it by email, mail or fax. Any outstanding charges will need to be paid for.


Payment Options:

  1. Cheques - please allow 5 business days for payment to reach us by mail if mailed within Canada and 7-10 business days if mailed within the United States.

    You can make cheques payable to:

    SiteMajic
    4 Cataraqui Street Suite 314
    Kingston, Ontario
    K7K 1Z7, Canada

    ** Please note for any licensing and hosting fees, we only accept payment made by cheque if a client is set up on an annual account.
  2. Online (credit card) - if you do not have a credit card set up with our company and you wish to pay by credit card, you have the choice to pay your invoice online by accessing the administration portion of your website. We accept Visa, MasterCard, and American Express. All credit card processing is completed by Internet Secure (IS). Internet Secure is a trusted third party processing company that SiteMajic has used for more than 10 years.
  3. Credit Card - the client is required to fill out a pre-authorization form and fax it in to 613-547-4015. This form requires details of your credit card number, address and signature. To print a copy of this Pre-Authorization PDF Form, please click here.

Declined Credit Card Policy

It is then the client's responsibility to update any new credit card information to prevent the credit card from declining. Contact us as soon as you receive your new credit card to avoid account disruption.

If a client's credit card declines, Internet Secure will notify you automatically by e-mail. Clients will also be subject to a $25 administration fee.

1. INTRODUCTION

Please read this USER LICENSE AGREEMENT (this "Agreement") carefully and make sure that you fully understand it. You will have the opportunity to accept or reject the terms of this Agreement during the installation process. You may not activate, download, install or use the SOFTWARE herein after called ("SOFTWARE") unless you agree to the terms of this Agreement during the activation process.

If you accept the terms of this Agreement and activate, download or install the SOFTWARE, you effectively become the LICENSEE. You will always have the opportunity to un-install the SOFTWARE by contacting SiteMajic Inc. ("SITEMAJIC") and having the instance removed from their server(s).

The SOFTWARE is a proprietary product of SITEMAJIC and is protected by copyright law and international treaty.

Any loading, use, or operation of the SOFTWARE, other than as specifically permitted herein, is unauthorized and in violation of applicable copyright law and international treaty. For purposes of this Agreement, "SOFTWARE" refers to the web based systems and associated media (whether DVD, web-based or otherwise), printed materials, provided content, including online and electronic documentation, and all accompanying items.

This Agreement may be modified from time to time by SITEMAJIC in its sole discretion. Upon such modification, the modified agreement will be posted at all times within the help desk of the back end administration section of your SOFTWARE for your review. Upon any modification to this Agreement, your continued use of the SOFTWARE shall be governed by the modified Agreement and shall be deemed to be an acceptance of the modified Agreement, which for all purposes set forth herein shall be deemed the Agreement. If for any reason you do not agree to be bound by any of the modifications, you may not continue to use the SOFTWARE.

2. LIMITATION OF USE OF THE SOFTWARE

LICENSEE is authorized to only use the SOFTWARE for its intended purpose in the ordinary course of business solely for the benefit of the LICENSEE. LICENSEE is not permitted to translate, disassemble, reverse compile, or make derivative works of the SOFTWARE, nor may LICENSEE modify or alter any portion of the SOFTWARE, including adding new functionality to the SOFTWARE.

LICENSEE shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of SITEMAJIC is (i) in violation of any local, provincial, state or federal law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including real or potential infringement rights protected by copyright, trademark, trade secret, patent or other intellectual property or similar laws or regulations.

LICENSEE shall not upload any scripts into your hosting space or use the SOFTWARE for any unsolicited emailing or spam activities. LICENSEE acknowledges that any unauthorized use of the SOFTWARE causing any disruption to the function of the web servers or breaches of security will result in a breach of this Agreement and may result in the immediate termination thereof.

LICENSEE may access and use the SOFTWARE from any computer at any location where there is an Internet connection. Where multiple user access is granted under the license, multiple individuals may log into the SOFTWARE simultaneously from multiple locations.

3. INTELLECTUAL PROPERTY RIGHTS

All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, are owned by SITEMAJIC. The SOFTWARE is licensed, not sold. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but which may be accessed through use of the SOFTWARE, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services.

4. PASSWORD AND SECURITY

SITEMAJIC shall provide an initial password and account designation for you. It is recommended that you change your initial password the first time you access the SOFTWARE and monthly after that. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities occurring under your password or account. You agree to notify SITEMAJIC immediately if you notice unauthorized use of your password or account or any other breach of security. SITEMAJIC and SITEMAJIC cannot and will not be liable for any damage or loss arising from your failure to comply with this section.

5. EQUIPMENT FOR YOUR USE

LICENSEE shall be responsible for obtaining and maintaining all telephones, computer hardware, Internet access points and other equipment needed for access to and use of the SOFTWARE and for any/all charges related thereto.

6. SUPPORT

The LICENSEE will receive complete access to all online manuals, training video and electronic support options. Our support policy is designed to be the best in the business. Rather than increasing the cost of the SOFTWARE, or charging an annual support contract fee whether you use it or not, ours is based on the simple premise that if you encounter a problem isolated with the SOFTWARE and the answer was not contained within the online manuals, help guide or covered in the initial orientation session, or if it is a matter unrelated to the use of the SOFTWARE, then offsetting fees respecting support representatives time will apply at the rate of $35.00 for email support requests (answered within 48 hours). If the LICENSEE requires phone support or any other direct phone contact regarding support, a fee of $65.00 per incident during regular business hours 9-5 pm EST or $85.00 after hours will be charged regardless whether the issue was a SOFTWARE related error or not.

7. CONTENT CONTROL

All Content and User Content stored by LICENSEE on SITEMAJIC' server computers shall at all times remain the property of LICENSEE. LICENSEE will only use the SOFTWARE and services for lawful purposes and LICENSEE will not store or provide any Content, Graphics, Images or User Content or link to any material that violates foreign, federal, state or local law, or is deemed generally offensive. Should SITEMAJIC become aware that the LICENSEE has violated this section SITEMAJIC may, at its option, remove the Content, Graphics, Images or User Content in violation and immediately terminate this Agreement. If hosting is terminated, SITEMAJIC may, in its sole discretion, reinstate hosting upon adequate showing of LICENSEE'S right to use the Content, Graphics, Images or User Content.

8. OTHER CONTENT OR SERVICES


Through your use of the SOFTWARE you may receive content or services provided through, or in connection with individuals or entities other than SITEMAJIC, including, without limitation, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other materials or services (collectively, the "Other Content or Services"). You understand and agree that you will not obtain, as a result of your use of the SOFTWARE any right, title or interest in or to such Other Content or Services delivered via the SOFTWARE or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in and to such Other Content or Services.

SITEMAJIC hereby expressly disclaims any liability for any such Other Content or Services, including, but not limited to, for any errors or omissions in any such Other Content or Services, or for loss or damage or injury of any kind incurred as a result of the use of any such Other Content or Services posted, transmitted, advertised or otherwise made available to you through or in connection with the SOFTWARE.

9. MODIFICATIONS TO THE SOFTWARE

SITEMAJIC shall have the right at any time to disable, enable, modify, or discontinue, temporarily or permanently, any features or functions of the SOFTWARE , with or without notice, obligation or liability to you or to any third party.

10. HOSTING / LICENSING FEES

SITEMAJIC reserves the right to refuse service to anyone. SITEMAJIC will provide dedicated or shared server computers with an Internet address for storage and access of Content, User Content, and the web based SOFTWARE, equivalent with best practice and reasonable commercial standards. SITEMAJIC will employ best efforts in providing advance notice to LICENSEE of scheduled server computer/network outages.

11. EMAIL POLICY

All email accounts will be hosting through Google Mail services. Any fee's incurred by the Customer from Google Mail will be paid to Google Mail. The Customer accepts the terms and conditions of the Email Policy from Google Mail.

12. DATA BACK-UP

SITEMAJIC will back-up the SOFTWARE content and records in a commercially reasonable manner. However, SITEMAJIC is not responsible for lost Content or lost User Content. SOFTWARE content will be automatically backed up every day. SITEMAJIC will provide, at Customer's expense, an electronic copy of the backup Content and records in a CSV file format upon written request by Customer. Back-ups are intended for disaster recovery, not the restoration of individual files.

13. PAYMENTS

LICENSEE opting to use the payment option, agrees to pay SITEMAJIC the current published rate at the time of signing this agreement. At the end of the payment option period, LICENSEE will continue to pay SITEMAJIC a monthly fee for hosting / Licensing use of the SOFTWARE according to the terms and conditions published at the time of signing.

LICENSEE and SITEMAJIC acknowledge that the monthly fee may be subject to change over time. LICENSEE agrees that in the event of cancelation by either party prior to the payment of the complete payment option period, the full amount of the remaining SOFTWARE price will become payable immediately.

14. spacerDISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Under no circumstances, including negligence, will SITEMAJIC or SITEMAJIC be liable to LICENSEE or anyone else for any indirect, special, incidental, punitive, exemplary or consequential damages (Including damages that arise from loss of anticipated revenue, loss of information or material of any kind, lost profits, loss of business and injury to property, even if SITEMAJIC or SITEMAJIC has been advised of the possibility of such damages) that arise in connection with or a result from LICENSEE'S use or inability to use the web based SOFTWARE, including but not limited to, LICENSEE'S reliance on any materials, content, information, websites, software or products obtained on the website, or mistakes, omissions, interruptions, communications failure, deletion of files or email, errors, defects, viruses, Trojan horses, delays in operation or transmission, or any failure of performance, or theft, destruction or unauthorized access to your records, programs or websites. Some States and Provinces do not allow the exclusion or limitation of liability for consequential or incidental damages and in such States and Provinces SITEMAJIC or SITEMAJIC's liability is limited to the greatest extent permitted by law.

15. TERMINATION

SITEMAJIC reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of or in connection with the SOFTWARE if you do not abide by the terms and conditions of this Agreement or should any relevant remunerations, purchasing commitments and/or payments not be made by you to SITEMAJIC. This Agreement may be terminated by the non-defaulting party if a party fails to perform or comply with this Agreement or any provision hereof. Either party may terminate this Agreement for convenience at any time upon the giving of thirty (30) days written notice.

Upon termination of this Agreement, at the option of LICENSEE, SITEMAJIC will transfer to LICENSEE any customized data derived from usage of the Software by LICENSEE and all records input over the time of use. Upon written notification by LICENSEE that such transfer of data is desired and receipt of $15 per page transfer fee from LICENSEE, SITEMAJIC will transfer the data to LICENSEE within fifteen (15) days.

16. SERVICE CANCELLATION

You may cancel the SOFTWARE by calling 1-(866) 748-3625 or by sending an e-mail to cancellation@SITEMAJIC.com] to request discontinuance of the SOFTWARE and destroying all materials obtained from the SOFTWARE. You will remain liable for all outstanding payments and fees due at the time of cancellation.

17. MISCELLANEOUS

This Agreement will be governed by and construed under the laws of the Province of Ontario, without reference to its choice of law principles. The parties consent to the jurisdiction and venue of the courts of the Province of Ontario.

18. ACCEPTANCE

By selecting the "I ACCEPT" button (On-Line User License Agreement), you hereby agree to all terms contain within.

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