Terms, Conditions and Policies
Applicable to all Likuid Communication inc. customers
TOS applies automatically to all Likuid Communication clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO Likuid Communication'S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site.
General
Likuid Communication inc., agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service (TOS). Use of Likuid Communication inc. services constitutes acceptance and agreement to these Terms Of Service and all attachments. Likuid Communication inc. will make all reasonable efforts to provide a quality service to the Customer.
Privacy
Likuid Communication inc. will use the customer's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes Likuid Communication to use it's name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.
Other Services
Upon request by the Customer, Likuid Communication inc. may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of 75$CAD for those other services.
Immediate Threats
If, in the determination of Likuid Communication inc., acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of Likuid Communication inc. or any other user of the Premises, or poses an immediate threat to the safety of any person, then Likuid Communication inc. may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer’s (or its customers’) businesses. As soon as practicable after performing such work, Likuid Communication inc. will advise, by email, the Customer of the work performed or the action taken.
Relocation
The Customer will, upon email request from Likuid Communication inc.’s, relocate the Equipment, server or web site to other space offered by Likuid Communication inc. within 30 days of such request.
Insurance
Under no circumstances will Likuid Communication inc. be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.
If the Customer is in default
If the Customer is in default of any of its obligations under this Agreement, then Likuid Communication inc. may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to Likuid Communication inc., exercise all the rights and remedies of a secured party under applicable law as well as any costs (including reasonable legal fees) incurred by Likuid Communication inc. in exercising any remedy under this Agreement.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by mail. First Month’s Payment shown in the Service Order must be paid by the Customer to Likuid Communication inc. before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of Likuid Communication inc.’s invoices, which invoices will be issued 15 days before the end of the last paid period.
Payments
The Customer will pay Likuid Communication inc. the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by Likuid Communication inc. under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer's chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month’s Payment shown in the Service Order, which must be paid by the Customer to Likuid Communication inc. before commencement of the Term, all amounts will be payable in Canadian dollars within 15 days from the date of Likuid Communication inc.’s invoices, which invoices will be issued 15 days before the end of the last paid period. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to a penalty fees of $20CA.
Late payment
Service will be interrupted on past due accounts after a 48 hours notification. Accounts that are not collectible by Likuid Communication inc. may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Changes
Upon 30 days or greater written notice prior to the end of the initial commitment, Likuid Communication inc. may change any fees payable under this Agreement.
Term and termination
The term of this Agreement shall begin upon the date the service is made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account’s anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8 of each month). Service upgrades, however, may take effect at any time.
Payment obligation
Upon account activation, Likuid Communication reserves space, equipment and resources for the customer's needs. The Customer must pay its account even if he is not making any use of it.
Credit Authorization
The Customer hereby authorizes Likuid Communication inc. and gives consent to Likuid Communication inc. under applicable privacy laws for Likuid Communication inc. to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer’s credit worthiness, and the Customer will promptly execute and deliver to Likuid Communication inc. such further documents and assurances and take such further actions as Likuid Communication inc. may from time to time reasonably request in order to carry out the intent and purpose of this Section.
Limitation of Liability
THE CUSTOMER ACKNOWLEDGES THAT Likuid Communication inc. PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. Likuid Communication inc. WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF Likuid Communication inc.’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO Likuid Communication inc. UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL Likuid Communication inc. BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Force Majeure
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Backup copies
Likuid Communication inc. will make all possible efforts to provide a backup mechanism and keep complete backup copies of all shared hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. Likuid Communication should not be held responsible of any loss of data or data corruption.
Reselling
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by Likuid Communication inc. to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless Likuid Communication inc., and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by Likuid Communication inc. under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his website.
Entire agreement.
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, Likuid Communication inc. MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement,any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.
Severability and Reformation
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Choice of Law and Attornment
This Agreement shall be construed in all respects in accordance with the laws of the province of Quebec, Canada jurisdiction de Montréal applicable to contracts enforceable in that province. Without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the jurisdiction where the Premises are located, and all courts competent to hear appeals therefrom.
Complaints
Complaints or TOS & AUP violations must be reported to abuse@likuid.com or by mail at : Likuid Communication inc, 5235 Chemin de la Côte Saint-Luc, Suite 50, Montreal (Québec), H3W 2H8.
Changes and rights
Likuid Communication inc. may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that Likuid Communication inc. may impose from time to time, provided that the Customer has been given 30 days notice.