All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Orion’s Web reserves the right to change prices at any time, unless other terms have been agreed upon.
Optimization / Design / Development
Payment for design, optimization and/or development is due upon receipt of initial code. ‘Receipt’ refers to the upload of the code to the clients’ domain. Any written arrangements may supercede this policy.
A late payment charge of 2.5% per month compounded monthly is applied to all unpaid balances, when payment has not been received by the company by the due date. (A 5 day grace period is allotted for invoices ‘Due upon Receipt’)
A fee of $25.00 may be charged if administration and/or account processing activities have occurred due to non-payment of full amount owed.
Any payment greater than 7 days overdue the account will be deactivated. Any account not brought current within 30 days of due date is subject to complete account deletion. A re-activation charge of $25.00 is levied on all deactivated accounts. Should your account have reached the stage of deletion a $200 charge to have the site re-set-up from our backups is applicable.
Credit Card accounts are subject to login deactivation upon the card declining. If your credit card declines for any reason Orion’s Web will charge your account an additional $1.00 service charge every time your card is declined.
The client is responsible for all money owed on the account from the time it was established to the time that the client notifies Orion’s Web in writing to request for termination of services.
All payment is in the currency initially invoiced, or in case of a discrepancy the currency as stated in the formal written quote. This does not include any service fees, service charges or penalties which are all billed in USD.
Orion’s Web will bill each client $50.00 per returned check, per wire transfer received and per credit card charge back received.
All Orion’s Web accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the accounts department at firstname.lastname@example.org at least 30 days in advance, should you wish to change your anniversary billing cycle.
Orion’s Web accepts paper cheques from Canadian clients for annual payment of web hosting services and fees associated with your account.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, Orion’s Web is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, Orion’s Web will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Orion’s Web under this Agreement.
Intellectual Property Rights
Material accessible to you through Orion’s Web’s services may be subject to protection under Canadian or the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Orion’s Web or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Orion’s Web network. If you use a domain name in connection with Orion’s Web or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any client orders, and for handling any client inquiries or complaints arising there from.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to Orion’s Web a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Orion’s Web under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
Domain Name Registration
Client agrees to pay Orion’s Web prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Orion’s Web price schedule for the initial registration of the domain name and, should client choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if client’s domain name registration is suspended, cancelled or transferred prior to the end of client’s then current registration term. Orion’s Web reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. client’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed client’s registration in an email from Orion’s Web to the email address indicated in client’s registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Orion’s Web) in connection with the payments of the registration fee for client’s domain name registration, client agrees and acknowledges that the domain name registration shall be transferred to Orion’s Web as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Orion’s Web will reinstate client’s domain name registration solely at Orion’s Web’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Orion’s Web system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Orion’s Web THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER INTERNATIONAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
30 Stevens Cr
Halton Hills, ON L7G 1B6
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Orion’s Web reserves the right to refuse service to anyone. clients may only use Orion’s Web server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Orion’s Web management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas. client further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Tarrant County Courts. IN NO EVENT SHALL Orion’s Web’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Orion’s Web HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST Orion’s Web, ITS AGENTS, ITS CLIENTS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CLIENTS, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Orion’s Web AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Orion’s Web’S SERVER; (2) ANY MATERIAL SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO client FROM Orion’s Web’S SERVER.
Orion’s Web WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Orion’s Web MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Orion’s Web DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Orion’s Web AND ITS EMPLOYEES. Orion’s Web RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.