Development Terms of Service
v.2.3, Updated April 17, 2019
Below are the standard terms and conditions for Web Development projects and apply to all contracts and work undertaken by e-dimensionz Inc.
e-dimensionz Inc will endeavor to meet specified deadlines laid out in the Quote provided. Please make every effort to submit content required and approvals by agreed upon deadlines. e-dimensionz Inc will not be responsible if target date cannot be met due to late submission of materials by Client.
The payment schedule will be outlined in the Quote sent by email to the Client. We are confident that you understand that any invoices sent to you should be paid promptly, and our terms of payment are due within 14 days on the presentation of each invoice you will receive.
Late or delayed payments may incur a Late Fee Charge of 2.5%, and may also compromise the project timeline.
If you are hosting the site on another server (that is not hosting with e-dimensionz Inc), payment must be made in full before any files will be released or uploaded to your servers. This is non-negotiable.
Emergency Service / Rush Fee
All work delivery times will be discussed prior to starting and indicated in an agreement. Urgent requests requiring a faster than normal turnaround (i.e. immediate implementation, emergency service or requiring work to be done overnight or over a weekend without adequate notice) will be subject to a Rush Fee. We understand the difficulty with preparing requirements and that they can't always be provided in a timely manner, however last minute requests that require rescheduling other work or overtime hours will need to be billed at an additional 30% on top of our hourly rate.
Workflow & Efficiency
Stages of a project define the prerequisites for subsequent work. In order to prevent unnecessary work, costs, or delay of project completion, e-dimensionz Inc will provide material for review and approval during the creation process. Projects will be broken down into sets of tasks, referred to as stages. Stages may be implemented concurrently.
- e-dimensionz Inc will not begin processing provided materials until they are finalized by the client.
- Once materials are green-lighted, e-dimensionz Inc with begin implementation.
- Once a stage is ready for review, e-dimensionz Inc will present the work to the client, either as part of an overall demo or a unit test.
- The client will review the work to check for adherence and provide approval.
- Once a stage is approved, e-dimensionz will continue to the next stage.
- Any modifications/deviations or additions to designs, materials, content, functionality or navigation after an approval will be billed hourly if they result in back-fixes or extra work.
During the project development process e-dimensionz Inc provides regular design and project updates. While e-dimensionz Inc performs its own testing of the entire website and functionality, the final responsibility lies with the customer to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended.
It is expected that the customer responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the customer does not respond within seven business days (unless pre-agreed) upon delivery of the website's final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.
Changes to Scope & Additional Services
Any revisions, additions or redesign requests by client that is not specified in this document will be considered "additional" and will require a separate Quote. A new estimate will be provided prior to commencement of any additional work.
This Agreement does not provide website maintenance unless a website maintenance plan is purchased.
e-dimensionz Inc uses a three-tier roll out structure. We develop internally on our own development servers and then present the work in progress to you on our own "staging" servers to allow you to review and request changes prior to launch.
Staging Environment is included for projects during active development. After 6 months, if development is not longer active, the demo site will be removed from our Staging server.
For all projects a consolidated brief must be submitted that contains all requested information before starting the project. If the customer fails to submit the required information within 30 days of making the payment, e-dimensionz Inc may decide to consider the project inactive and not proceed with its implementation.
If an order is cancelled within 7 days of making the payment and before any work has been done, we will refund 75% of the payment. If the work has already begun the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed.
Under special circumstances e-dimensionz Inc reserves the right to negotiate and refund an appropriate portion of the amount paid by the customer.
e-dimensionz Inc is not liable for any damages that arise from misinformation or misrepresentation under any circumstances.
e-dimensionz Inc will not disclose to third parties any confidential information obtained from client in the course of completing the contracted work.
Ownership and Copyright
e-dimensionz Inc retains ownership for all work performed until project costs have been paid in full. Once work is paid in full, the Client will be transferred ownership of the project.
At a granular level, source code is a complicated network of pieces of potentially publicly available, incremental logic. The end result is the specific configuration of the contained code and how it interacts with other services and the browser. Ownership applies to the project source code in its entirety which contains this specific implementation of the technology and functionality, not the individual components. This includes the installable and/or compilable source code and dependent data structures and the file structures they are contained in. Projects may use or incorporate proprietary software, programs or source code, such as databases, eCommerce and/or content management systems which are publicly available on the Internet. They may also include technologies, that were innovated by e-dimensionz, Inc in order achieve the project goals. Aside from these outlined exceptions, the entirety if the project will become the Intellectual Property of the Client.
3rd Party Web Hosting
e-dimensionz Inc will upload your site to any web host of your choosing. If we encounter server issues or shortcomings (outdated server technology. bad configuration, etc) that require us to contact the web host on your behalf to resolve, we will contact you regarding any immediate action that must be taken to complete the migration. If needed, we hold the right to move your content to e-dimensionz servers unless communicated an account has been configured on an alternative web host. We will wait 72 hours for action before migrating your site to our own servers.
Note that any issues that may be encountered during the migration process to a 3rd party web host, including the above but not limited to: outdated server technology, unforeseen compatibility issues, or any communication needed with the web host, our standard hourly rate will be invoiced for time to resolve the issues with the web host.
Functionality of features included in project includes a warranty for 6 months after going live should any features not function as required. This warranty does not cover links that change over time, pages that become obsolete over time, content that becomes outdated over time, or other changes that do not result from any error on the part of e-dimensionz.
Hosting Terms of Service
v.2.3, Updated December 17, 2014
e-dimensionz's primary objective is to value and support our clients, providing the highest level of attention and dedication.
In pursuit of our primary objective, e-dimensionz Inc will deliver the agreed upon services to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of e-dimensionz's service(s) by a client constitutes an unconditional acceptance of and agreement to e-dimensionz's TOS. e-dimensionz Inc reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TOS regularly.
30-Day Money Back Guarantee
e-dimensionz Inc offers its clients a "30-Day Money Back Guarantee." This guarantee allows a client to purchase e-dimensionz Inc 's services with full confidence and zero-risk. Consequently, a client may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, less any additional over-usage and free domain registration costs.
Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days of the commencement of service if a client is not satisfied with e-dimensionz Inc services.
If the 30-day service of the subscription has been exceeded, the client is not eligible for this guarantee. A request for this guarantee must be submitted via e-dimensionz Contact Us form.
If requesting a refund, we ask the client to briefly explain the reasons for doing so, as well as any suggestions on how e-dimensionz Inc could improve service.
Refunds for Domain Registrations
e-dimensionz Inc utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through e-dimensionz Inc, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from e-dimensionz Inc.
If you cancel your e-dimensionz Inc service, you will retain ownership of your domain name for as long as you continue to renew the domain.
Renewal Pricing Schedule for Shared Hosting Accounts
At e-dimensionz, we strive to keep our prices low and give our customers the best deals possible. That is why we fully disclose our pricing structure.
- Initial Pricing: If we show our prices discounted, you will get the discounted price shown for your entire initial billing period (unless otherwise specified).
- Renewal Pricing: We will automatically renew your plan at the end of your billing period (unless you've chosen otherwise) at the regular (non-discounted) rate for the same term duration as you initially chose at signup.
99.9% Uptime Guarantee
e-dimensionz Inc guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where e-dimensionz Inc has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with the client's domain name, routing issues between the client location and e-dimensionz Inc data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that e-dimensionz Inc cannot directly influence.
All requests for service credit must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer's monthly recurring charge.
If requesting a service credit, we ask that the client briefly explains the reasons for doing so.
This does not apply for any month that the customer has been in breach of e-dimensionz Inc Terms of Service or if the account is in default of payment.
Prohibition of Adult Content
Clients of e-dimensionz Inc services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
Prohibition of Offensive Behaviour
Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.
Age Requirements on Purchases
All clients must be of adult age in the clients' jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
Intellectual Property Provisions
Clients of e-dimensionz Inc services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).
All content provided within or via this site is protected by Canadian anf international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
SPAM and Unsolicited Commercial Email (UCE)
e-dimensionz Inc has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of e-dimensionz Inc may not use, or permit others to use, our network to partake in UCE distribution. Customers of e-dimensionz Inc may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, e-dimensionz Inc will initiate an immediate investigation. During the investigation, e-dimensionz Inc may restrict customer access to the network to prevent further violations. The client will thereafter be advised of the situation. If a client is found to be in violation of this TOS, e-dimensionz Inc may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, e-dimensionz reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. e-dimensionz Inc will notify law enforcement officials if the violation is believed to be a criminal offense.
Prohibited Scripts and Applications
e-dimensionz Inc strictly prohibits the use of certain scripts such as IRC, Proxy, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.
Establishment of this service is dependent upon receipt of payment of stated charges by e-dimensionz Inc. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
Failure to Pay
e-dimensionz Inc may temporarily deny or terminate service upon the failure of the client to pay the charges when due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges and any collection fees.
A client may cancel his account at any time. If requesting a cancellation, we ask that client briefly explains the reasons for doing so, as well as any suggestions on how e-dimensionz Inc could improve service. The cancellation will take effect immediately and the client's account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should redecide.
client acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of e-dimensionz Inc and that damages resulting from any interruption of service are impossible to ascertain. Therefore, client agrees that e-dimensionz shall not be liable for any damages arising from such causes beyond the direct and exclusive control of e-dimensionz Inc . client further acknowledges that the e-dimensionz's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by client for services during the period damages occurred. In no event shall e-dimensionz Inc be liable for any special or consequential damages, loss or injury.
Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to e-dimensionz Inc 's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by e-dimensionz Inc on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration's registrar.
Some of e-dimensionz Inc services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of client's website or the services to which you subscribe.
The client is responsible for programming and for uploading the website to our servers. Website development, consulting, programming and debugging are beyond the free hosting support services. However, our web design and programming team will be happy to prepare a quote to fit your specific requirements.
The client agrees that he or she has the necessary knowledge to create and maintain their website and agrees that it is not the responsibility of e-dimensionz Inc to provide this knowledge or service.
e-dimensionz Inc provides technical support for services only to its clients. We limit our technical support to our area of expertise. The following is our guideline when providing support:
- e-dimensionz Inc provides support related to your service plan's features' physical functioning. e-dimensionz Inc does not provide technical support for the client's customers.
IP Address Ownership
If e-dimensionz Inc assigns a client an IP address for use with the subscription, the right to use that IP address shall belong only to e-dimensionz Inc and the client shall have no right to use that IP address except as permitted by e-dimensionz Inc. e-dimensionz Inc shall maintain and control ownership of all IP numbers and addresses that may be assigned to clients by e-dimensionz Inc. e-dimensionz Inc reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
Data Transfer and Disk Usage
client agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer ("Agreed Usage"). e-dimensionz Inc will monitor client's bandwidth and disk usage. e-dimensionz Inc shall have the right to take corrective action if client's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in e-dimensionz Inc 's sole and absolute discretion, at any time deemed necessary by e-dimensionz Inc . If e-dimensionz Inc takes any corrective action under this section, client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any case, client will be warnedof approaching or exceeded resource limits via email by e-dimensionz Inc 's automated notification system.
System and Network Security
Clients or any network users are prohibited from violating or attempting to violate the security of e-dimensionz Inc 's network or any and all components there in. Violations of system or network security may result in civil or criminal liability. e-dimensionz Inc will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting clients who are involved in such violations. These violations include, but are not limited to:
- Accessing data not intended for such client or logging into a server or account, which such client is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any client, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which client is not entitled.
Notification of Violation
Clientsor any network users are prohibited from violating or attempting to violate the security of e-dimensionz Inc 's network or any and all components there in. Violations of system or network security may result in civil or criminal liability. e-dimensionz Inc will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting clients who are involved in such violations. These violations include, but are not limited to:
- First violation: Any Client, which e-dimensionz Inc determines to have violated any element of this TOS shall receive an email warning them of the violation. Client's service is subject to a temporary suspension at e-dimensionz Inc 's discretion pending a client's agreement in writing to refrain from any further violations.
- Second violation: Subscribers, whom e-dimensionz Inc determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.
NOTE: e-dimensionz Inc reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the client. e-dimensionz Inc will contact the client as soon as it is feasible.
Suspension of Service or Cancellation
e-dimensionz Inc reserves the right to suspend network access to any client if in the judgment of e-dimensionz, the client's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which e-dimensionz Inc deems necessary.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the client in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent cancellation of the account without refund of any fee. Prior notification to the client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client may not be credited for the time the client's machines were suspended if the client is found to be at fault. The client is also responsible for maintaining a backup of his current data at all times. Upon the third violation of the terms of service no backups will be provided.
All clients must provide e-dimensionz Inc real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
- e-dimensionz Inc takes no responsibility for any material placed on its network by others. e-dimensionz Inc is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. e-dimensionz Inc disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- e-dimensionz Inc 's clients are not permitted to run IRC servers.
- Furthermore, e-dimensionz Inc reserves the right to, but is not obligated to, review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.
Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, client agrees that e-dimensionz Inc may disclose any and all client information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the client.
Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This TOS is subject to the governing laws of the Province of Ontario. Courts of competent jurisdiction in Ontario shall hear and decide any disputes.
The client is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on e-dimensionz Inc servers).
- e-dimensionz Inc is NOT RESPONSIBLE for any lost files, information or data.
- makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of client websites.
Although e-dimensionz Inc backups may include client sites and information for disaster recovery purposes, these backups are not to be relied on by the client. e-dimensionz Inc does not guarantee to possess the most current copy of a client's website in its own backups.
Non-Existing User Pages
e-dimensionz Inc reserves the right to supply content-enriched pages, including but not limited to search engines, advertisements, directory links, etc., for non-existent user pages that are served by e-dimensionz Inc to requesting sources. These pages include error pages (i.e. 404 Not Found), new account place-holder pages, unused domains and suspended user sites.
All users of e-dimensionz Inc services have the option of creating their own error pages and content pages. Unless created by the user, such pages will default to the e-dimensionz Inc provided content.