- The following Terms of Service and accompanying policies (collectively the "TOS", "contract" or the "Agreement") constitute a binding, legal agreement between VersoBit (the "Company", "us", "we", or “VersoBit”) and the customer (the "Customer" or "you") which shall govern the terms and conditions of services provided by the Company. The Company agrees to provide services to the Customer in accordance with the terms and conditions set forth in the Agreement.
- Definition of terms
All services provided by the Company are henceforth referred to as the "Service". All services, whether website design, software development, shared website hosting, or any other product or service offered by the Company, are governed under the Agreement and subject to all terms and conditions. In all parts of the Agreement, singular refers to plural and masculine refers to feminine as applicable.
- Modifications to this agreement
We reserve the right to change the Agreement, whole or in part, at any time. Where you disagree with the updated agreement, you will be able to cancel and terminate services at the end of your current billing period. If you reject the updated agreement and fail to contact us within seven (7) days giving notice of your rejection in writing, it will be assumed that you acknowledge and agree to the updated Agreement and agree to be bound by the updated terms. You acknowledge that any changes or modifications to this Agreement do not constitute grounds for non-payment.
- Transfer of rights and assignation
Under no circumstances shall the Customer transfer their rights under this agreement to any other individual or third-party without the direct written consent of the Company. The company shall be entitled in its absolute discretion to assign the whole or any part of this agreement.
Every provision set out in a separate paragraph will be construed as a separate and independent provision severable from any of the other provisions. Headings are for convenience only and will not affect the validity or construction thereof.
- Accepted methods of notification
Where you are required to give notice to us under this Agreement, all notifications must be made in writing and delivered either via email to the relevant department, or written notice posted to our main correspondence address. Notification given in any other form, for example, over the telephone or informal email to an employee or company director will not be accepted.
This Agreement shall be governed and construed in accordance with the Laws of Alberta, Canada, and the parties submit to the non-exclusive jurisdiction of the Courts of the said Country.
All dates and times are given in good faith; however, no liability is accepted for damage or loss caused by delay.
- Limitation of liability
Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use. Our maximum liability for any damages whether in contract or dialect will not exceed the fees which you have paid to us or are payable to us for this order. If such damages result from your use of the software or technical support, the liability shall be limited to the fees paid or payable for the software or technical support.
- Refusal of service
The Company reserves the right to refuse service to anyone at it's discretion.
The Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of the following:
- Any injury to person or property caused by any products sold or other otherwise distributed in connection with the Company’s services; and
- Any material supplied by the Customer infringing on the proprietary rights of a third party; and
- Copyright infringement; and
- Any defective product sold by the Customer from the Company’s services.
- Request for provision of services
As a company dealing in online ecommerce, we make available to you an order form for the purpose of ordering services. During the order process, you will be assigned a unique order ID and your payment will be taken and/or your payment details stored. This does not constitute acceptance of your order. Your order is only accepted when you receive an email or other communication from us informing you that your order has been accepted and your service is now in the process of being provisioned. Your order may be rejected at any point prior and for a period of up-to forty-eight (48) hours following this, in cases where we believe your order represents a high risk, or we do not have the stock to fulfil your order, or where you placed the order improperly (for example, ordering a service with a promotion, including coupon codes or other automatic discounts, which has expired). The company will be the sole judge in deciding what constitutes placing an order improperly.
- Proof of identity and payment
- Substitution and upgrades
Due to availability or other concerns, when you order a service from us, the entire service or components of the service purchased may be replaced and/or substituted for components of equal performance or value. Components may also be upgraded with components which are of greater value and/or represent faster or improved performance. Where we decide to upgrade or substitute all or part of your service, there will be no change to the monthly fee or setup fee charged. The company will be the sole judge as to what constitutes “equal performance or value”. The service specification listed on our website and/or in any advertisement should be considered the minimum specification which we will provide where an order has been placed by you and accepted by us.
- Incorrect or inaccurate information
We endeavour to make all the information on our websites and in our advertisements as accurate as possible. The company however does not warrant that the information provided is complete, reliable, current, or error-free. If an error is found within fourteen (14) days of accepting your order, we will contact you as quickly as possible and allow you to either cancel your order or re-confirm your order with the correct information. Where we do not receive a response from you within seventy-two (72) hours, we will cancel your order and refund you via the means payment was taken.
- Contract period
Unless otherwise agreed in writing, all services are provided on a month to month basis. The minimum contract period is one (1) month. The contract and billing period start from the date the Service is ordered by you from us.
Billing and Refund Policy
- Payment policy
All fees for Service provided by the Company are due in advance on the first day of each billing cycle. An invoice for Services due will be generated on your account and dispatched to your primary account e-mail address at least five (5) days prior to your actual due date (where applicable). Prior to the invoice due date, the Customer must login to the billing portal and make full payment of all amounts due. It shall be the Customer's responsibility to ensure that full payment is received prior to the designated invoice due date. Reminder invoices and/or notices are not guaranteed.
All invoices must be paid within 14 days of their issue date before 23:59 MST at the closing of the 14th day. If we do not receive full payment on any given invoice before the designated invoice due date, the Customer's account will become delinquent and will be charged 15% of the delinquent invoice's subtotal per week.
- Delinquent account policy
All delinquent accounts are subject to immediate suspension and/or halting of all services provided - not just the service that is past due. Any account that remains delinquent for more than twenty-four (24) hours following suspension or disconnection of services is subject to immediate cancellation of all services provided. In the event of cancellation for non-payment, all services provided by the Company will be terminated, and all associated data will be purged, and therefore permanently lost. The customer acknowledges that the Company is not responsible for any damages or losses due to service termination as a result of non-payment.
All invoices that remain unpaid after ninety (90) days of the designated invoice due date will be referred to our collections agency. The collections agency used by the Company may vary from time to time. If civil litigation is deemed necessary to collect an overdue balance, the Customer agrees to pay all of our court and solicitors fees, in addition to the collections fee, original amount due, any interest accumulated on the overdue balance, and any reconnection charges. The Customer agrees to a place of venue of the Company's choosing.
- Refund policy
Except as specified elsewhere in this Agreement, all payments to the Company are final and non-refundable. This includes any one-time setup fee and all subsequent charges or fees, regardless of usage. Refunds will be made where we are legally obligated to do so. We may also provide refunds at our discretion. If you believe you have been overcharged or falsely billed, you must communicate these concerns to our finance department within fourteen (14) days of such overcharge or false billing.
- Bank assisted disputes ("Chargeback"), payment disputes or payment reversals
Initiation of any complaint or bank assisted dispute (“Chargeback”) against us constitutes a severe breach of this agreement. A "complaint or chargeback" shall be defined as initiating any form of complaint or chargeback with PayPal, your credit card issuer or bank. Upon receipt of a complaint or chargeback, or threat thereof, we will immediately suspend or halt all services provided to the Customer. If we do not hear from you within twenty-four (24) hours of such suspension, we will immediately cancel and terminate all services provided, not just the service that is being disputed. We will then initiate proceedings with our collections agency to collect and recover the full amount for services. Please note that threats of a complaint or chargeback will be treated the same as an actual complaint or chargeback. We reserve the right to levy a two-hundred-and-fifty dollar ($250.00) charge to your account in the event that a complaint or chargeback is initiated.
- Service reconnection policy
In the event that any of your services are suspended or disconnected, for whatever reason, we reserve the right to levy a fifty dollar ($50.00) “Reconnection Fee” to each Service in order to unsuspend or reconnect the service.
- You may cancel your services with us at any time by providing the Company with no less than fourteen (14) days prior written notice of your intent to cancel services. All cancellation requests must be submitted to us via our finance department email address (firstname.lastname@example.org), and must contain all information requested. Cancellation requests received not meeting these conditions will not be accepted.
- We must emphasize that if you do not cancel a Service at least fourteen (14) days prior to your next scheduled due date for that Service, it will be assumed that you intend to renew the Service for an additional billing cycle, and you will be responsible for payment of the next generated invoice.
- We may at our discretion accept cancellation requests less than fourteen (14) days prior to your next scheduled renewal date.
Cancellation requests after the first seven (7) days of service must be received at least fourteen (14) days prior to your renewal date. If cancellation of service is not done seven (7) days prior to your renewal date, you will be billed the following period and every period following, including any late fees, thereafter until we receive the proper cancellation notice as outlined above. The date you send your cancellation is the date your account will be cancelled.
- Our billing system is automated and cancelling your PayPal or Credit Card subscription may result in immediate cancellation of your account regardless of any remaining time left that you have prepaid for.
- Once your account is cancelled, there is no way to retrieve your data. Please backup your data before you cancel.
Uptime (“SLA”) Agreement
- Service Level Agreement
The Company guarantees at least 99.9% network and power uptime. This excludes scheduled maintenance, reboots, self-inflicted downtime, acts of God, backbone issues, DDoS attacks, hardware failure, human error, downtime on individual servers, service failures, labour strikes, or other conditions out of the company's control. In the unlikely event that we fail to meet our network uptime guarantee, we will issue a prorated credit to your account to be credited to your next invoice.
- Sales, billing and network support
All services provided by the company to the customer are "unmanaged" unless otherwise specified. The company is not obligated to assist or provide technical support for any software issues. The company will have the sole decision on what constitutes a software issue. For the purposes of sales questions, billing enquiries and technical support related to the server hardware or network, the company provides access to a support email address. Any Customer requiring assistance beyond our normal support policy will be notified that the request falls outside our normal support policy.
- Support abuse
Abuse or disrespect directed towards our staff, network staff, or third party contractors will not be tolerated. If you are disrespectful, use foul language, threaten us, or do anything else we may find offensive, you will be considered in severe breach of this agreement.
- Violations of this policy carry heavy penalties including, but not limited to, warning, extended suspension or halting of all services provided, or cancellation of all services provided. Prior to unsuspension or continuation of a service suspended or halted for violation of this policy may be subject to an "Administrative Charge" of fifty dollars ($50.00). As per this agreement, no refunds will be offered in the event that cancellation is considered.
Last Updated on April 7th, 2017 by Rylea S.