Web Sharks Terms and Conditions
Web Sharks is a registered trading name of Worldwide DOO Beograd Inc, registered in Ontario. Web Sharks provides the following terms of service. This document outlines the terms and conditions of Web Sharks’ services and the obligation of you (the Client) and Web Sharks. Please review this document carefully before requesting the services of Web Sharks.
Web Sharks provides its design, development and consulting services (Service) to you, subject to the following Terms of Service (“TOS”). The TOS may be updated at any time without notice to you. You understand and agree that the Service is provided “AS-IS” and that Web Sharks assumes no responsibility for the errors, omissions, or other problems related to the Service. You agree that Web Sharks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through the Web Sharks website or our services.
Duties of Client
Client must supply to Web Sharks at the time of entering this Agreement information required to access and complete the services in this Agreement. This includes, but is not limited to, supply of website content, artwork, photos, logos, completion of authorization statement, providing access to hosting and domains, password and other information required to complete services. Client shall inform Web Sharks of any existing errors, previous conditions, configuration changes, non-standard software, special circumstances or other reasons why the server may not be of a standard configuration or otherwise interfere with services to be performed by Web Sharks.
Website Hosting Services
For the term of the agreement as set forth herein Web Sharks agrees to provide the services of a third party Web Hosting Service either upon purchase of a monthly website plan or a hosting package chosen by you via our secure web page at https://www.secureserver.net/?prog_id=523393. You agree that Web Sharks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of the Web Hosting Service. Web Sharks reserves the right to change, amend and otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Web Sharks website at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located our secure web page at https://www.secureserver.net/?prog_id=523393. Web Hosting Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
Monthly Plan Term
The initial minimum term shall be a period of 18 full calendar months starting at the time of receipt of full payment of setup fees and first monthly payment (subscription). Upon expiry of the initial 18-month term, unless otherwise instructed in writing by the Client, the Clients account will automatically be converted to the Web Sharks month-to-month contract without any notice to the Client. The month-to-month contract may be terminated at any time, nevertheless a 60-day written notice from the Client is required. Payment options available are either monthly via PayPal subscription at http://websharks.ca/payments or yearly via direct bank transfer. A listing of all the presently available plans is available on the Web Sharks website.
All domain names, email accounts and server space allowance for the purposes of displaying a business or personal website remains the sole property of Web Sharks until the minimum term has been paid in full and notice of monthly plan cancellation received in writing. Upon cancellation of a monthly plan, and full payment of any arrears, Web Sharks will transfer the domain ownership to the Client and Web Sharks will stop providing all additional services that were originally part of the monthly plan, including but not limited to, hosting, email accounts, website maintenance and support. The Client will incur a fixed fee of $100 CAD for the transfer of domain ownership.
Suspension and Termination
Suspension – At the sole option of Web Sharks for any reason set forth herein or in the event that you breach any term of this agreement, including but not limited to payments or fees or any violation of Web Sharks terms, Web Sharks may suspend your account by deactivating any access by you and by web users to any information contained on the servers that Web Sharks has access to related to your account while maintaining the information and data related to your account upon the servers. Suspension shall specifically include the disabling of your hosted domain and any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of Web Sharks, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be fully terminated.
Service charges and monthly plan subscriptions will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension up to the expiry of the initial 18-month term.
Termination – This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the servers Web Sharks has access to. Such information or data may or may not be made available to you by Web Sharks after any such termination. This agreement may be terminated after a period of suspension at the sole discretion of web Sharks.
Information Usage and Communication
You hereby consent and agree that as to any information which Web Sharks may collect from you and maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Web Sharks concerning you or your account, or other information which in Web Sharks sole judgment is reasonable, Web Sharks may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Web Sharks and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any provincial or national government body, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Web Sharks Terms of Service or other policies.
During the term of this agreement you agree to receive periodic emails, telephone calls, or SMS messages concerning your account, system conditions, changes, updates and schedules.
You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Web Sharks specifically including your Name, Address, email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and termination as set forth in this agreement.
Branding of websites designed by Web Sharks
Client hereby agrees that Web Sharks may place their logo and the following wording in the footer of the website created for the Client: Website design and development by Web Sharks, or, Website development by Web Sharks, or, Powered by Web Sharks, or any other wording that may suggest that Web Sharks designed and created the website. Client further agrees that Web Sharks may create a hyperlink in the footer of the website, that may or may not be a “do-follow” link, linking to the Web Sharks website or any other website owned by Web Sharks or Worldwide DOO Beograd Inc. The Client agrees that any removal, tampering or change of the Web Sharks logo, wording and link is strictly prohibited unless written consent is provided by Web Sharks. Web Sharks further reserves the right to charge a fee equal to 10% of the total value of the website, if paid in full, or 10% of the total of 18 monthly plan payments, if a monthly plan was purchased, in the case that the Client removes or alters the logo, wording or link in any way without written consent by Web Sharks.
Use of Clients website in Web Sharks portfolio
Client hereby agrees to the inclusion of their website, originally designed and created by Web Sharks, or any other brand under the legal name of Worldwide DOO Beograd Inc. in the Web Sharks portfolio or the portfolio of any other brand under Worldwide DOO Beograd Inc. without any further consent.
Warrantees and limitations
Web Sharks reserves the right to take up to seven full business days to provision a dedicated server in the event that there is a lack of available resources with our third party provider. Web Sharks makes every reasonable effort to maintain the operation of Web Sharks; however, because many events and circumstances are beyond the control of Web Sharks, Web Sharks does not in any way warrant or otherwise guarantee the availability of the Web Sharks services or third party servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Web Sharks.
THE WEB SHARKS SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Refusal of Service
Web Sharks reserves the right to refuse service for any reason. At any time, Web Sharks reserves the right to restrict access to any company-owned resources, including email systems, help desk, web site or other property.
Web Sharks will not use or disclose to others without Client’s written consent Client’s confidential information, except when reasonably necessary to perform the services under this Agreement. “Confidential information” includes, but is not limited to:
The written, printed, graphic or electronically recorded materials furnished by the Client for use by Web Sharks.
The Client’s business plans, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind
any written or tangible information stamped “confidential,” “proprietary” or with a similar legend, and
any written or tangible information not marked with a confidentiality legend, or information disclosed orally to Web Sharks, that is treated as confidential when disclosed and later summarized sufficiently for identification purposes in a written memorandum marked “confidential” and delivered to Web Sharks within 30 days after the disclosure.
Web Sharks shall not be restricted in the use of any material which is publicly available, already in Web Sharks ‘s possession or known to Web Sharks without restriction, or which is rightfully obtained by Web Sharks from sources other than Client.
Web Sharks’s obligations regarding proprietary or confidential information extend to information belonging to customers and suppliers of Client about whom Web Sharks may have gained knowledge as a result of Web Sharks’s services to Client.
Web Sharks will not disclose to Client information or material that is a trade secret of any third party.
The provisions of this clause shall survive any termination of this Agreement.
Feedback and Marketing Information
Web Sharks may contact you with regards to our products and services, company news or other items relating to your services. Web Sharks may contract third parties to solicit feedback or information on our behalf. Your information will not be sold to these parties and they cannot contact you without our permission. By using our services, you agree to receive these email, telephone or mail notifications.
YOU UNDERSTAND AND AGREE THAT WEB SHARKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEB SHARKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Copyright, Trademarks Service Marks
Web Sharks, the Web Sharks logo, other Web Sharks logos and product and service names are trademarks/servicemarks of Web Sharks and Worldwide DOO Beograd Inc. Web Sharks does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. Web Sharks reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
Web Sharks reserves all rights to work product. Work product includes, but is not limited to, the programs and documentation, including all ideas, routines, object and source codes, specifications, flow charts and other materials, in whatever form, developed solely for Client. Client agrees that Web Sharks shall retain any and all rights Web Sharks may have in the work product.
The use of the Web Sharks name, logo, or other identifying features is prohibited. If you wish to use the Web Sharks name or logo, please contact Web Sharks for permission.
THE SERVICE PROVIDED BY WEB SHARKS IS ON AN “AS IS” BASIS, AND WEB SHARKS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL WEB SHARKS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
Scope of Agreement
The TOS constitute the entire agreement between you and Web Sharks and governs your use of the Service, superseding any prior agreements between you and Web Sharks. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Web Sharks shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. The failure of Web Sharks to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.
Payments for hosting
Payments for hosting services are completed monthly or annually.
Payment for website design
Payment for website design is due in two equal installments. The first installment is due upon ordering the website design package, the second installment is due upon completion of our work and before website launch.
Pay Monthly Website Plans:
Rights to the website, hosting and emails are relinquished until expiry of the minimum term and receipt of the required written notice of cancellation. An early buyout can be requested and requires full account settlement of 18 monthly payments and setup fee.
1. What personal information do we collect?
Information You Provide. We receive and store information you enter. For example, when you supply information such as your address, phone number or email address.
2. How Do We Use Your Information?
We use the information that you provide for such purposes as responding to your requests, improving our website, and communicating with you.
3. How Do We Protect the Security of Your Information?
This site is hosted on secure web servers where any other information (email, names, address etc.) is secure and protected by numerous security measures. No system can guarantee absolute security, just as the finest lock can not guarantee physical security. However, we take every reasonable precaution to assure that your data is secure.
By clicking the “Automatic Billing” button below you agree that we may only charge our monthly management fee to your PayPal account or credit card. Please note that the actual cost of the Pay-Per-Click campaign will be charged directly to your credit card by Google and/or Bing.