Terms of Use

General Terms Applicable to Web Software and Services

Read these terms and conditions carefully before accepting this contract for services. If you do not agree with the terms and conditions as herein outlined DO NOT click the accept button on the order form. Acceptance of services is acceptance of the terms contained herein and Canunify Business Solutions Inc. reserves the irrevocable right to terminate services should no acceptance of this contract be received by the client to Canunify Business Solutions Inc. Acceptance by email shall constitute acceptance as if in writing and be final and binding and construed and governed in accordance with the laws of the province of Ontario.

You understand that the CBS Ministry Edition Website is a product/service that has been designed and developed through a joint venture by Canunify Business Solutions Inc. and Roar Solutions Inc.

The term "Client" as referenced herein shall apply to the full contact information submitted by you and reflected on the invoice Canunify Business Solutions Inc. delivers to you.

The term “Canunify Business Solutions Inc.” as referenced herein shall apply to Canunify Business Solutions Inc. (incorporated May 9, 2009), and the term "Roar Solutions Inc." as referenced herein shall apply to a limited liability company (incorporated April 26th, 1991 as 920771 Ontario Inc. amended in 2002 to Roar Solutions Inc. hereinafter referred to as Roar Solutions Inc. operating under the laws of the Province of Ontario, and shall provide for the following indemnity with respect to all services provided herein (acceptance of the terms set out herein is an acceptance of this indemnity).

In no way shall Canunify Business Solutions Inc. and/or Roar Solutions Inc. be liable to the client or any third party of the client for any indirect, consequential, punitive or non-contractual damages or lost profits, claims or other resulting out of or associated with this agreement or any services provided herein that without exhausting the generality of the foregoing shall indemnify and save harmless the shareholders, principals and related corporate entities of Canunify Business Solutions and Roar Solutions Inc. The client acknowledges and accepts advance disclosure of this liability waiver and indemnity to Canunify Business Solutions Inc. and Roar Solutions Inc., it's subsidiaries and assigns and recognizes that the term “Canunify Business Solutions Inc.” and "Roar Solutions Inc." as herein and aforementioned referenced shall apply to the full extent of this indemnity.

The term "Content Management System" shall apply to:
A section of the clients web site provided by Roar Solutions Inc. per an agreed to contract for services between Canunify Business Solutions Inc. and the client whereby the ability to control content shall be controlled by the Client through a Content Management System accessible by any one on-line through input of the correct password and username. The Client is responsible for the maintenance and confidentiality of the username and password of the Content Management System. Any breach of use or distribution of the password to other third parties not party to this agreement shall in itself be a breach of this agreement rendering at the irrevocable option of Canunify Business Solutions Inc. and/or Roar Solutions Inc. the right, without exhausting any further rights contained herein to terminate this agreement.

The Hosting Service Account as referenced herein shall apply to the following services:

Virtual Server Hosting Account:
Your website will be hosted on Roar Solutions Inc. severs as a virtual server account including features from time to time added or deleted at the sole discretion of Canunify Business Solutions Inc. and Roar Solutions Inc.
 
Network Uptime:
Roar Solutions Inc. maintains server services that currently provide an average overall uptime of 99% network uptime and daily back-up. There exists times when server back-up and or access to server (times of maintenance and update) require downtime access to a server. Any maintenance downtime will be scheduled to occur during non-peak hours. The client agrees to indemnify and save harmless Canunify Business Solutions Inc. and Roar Solutions Inc. from any and all third and direct party obligations as a result of server downtime which for all intensive purposes shall apply for loss of storage data, email access, database content and or transfer interruption during such times. 
 
Content Management System: 
Canunify Business Solutions Inc. and Roar Solutions Inc. shall provide the client a section of their web site (unless service provided by Canunify Business Solutions Inc. and Roar Solutions Inc. is limited to a hosting only account) that shall contain a "Roar Solutions Inc. Content Management System" enabling the client through the Internet and an assigned username and password to control content (real time) to be displayed within sections of the web site. The client shall be solely responsible for any redistribution or third party accessibility by the way of the assigned username and password. In addition the Client shall be responsible for all content contained within said web site.
 
Data Back-up:
While our servers provide for daily tape back-up of data the responsibility of maintaining data back-up of all content, files and without exhausting the generality of the foregoing kb's of information shall be the responsibility of the client.
 
Data Storage and Transfer:
Your hosting account allows you access for storage and data transfer rates as outlined in your proposal for services.  If client exceeds available storage/bandwidth space for their account, they will be charged the next level hosting package cost on the following months hosting bill.  

Web Site Design Template:
Canunify Business Solutions Inc. and Roar Solutions Inc. offer semi customizable website design templates. All website templates, flash templates and other products are ready-made web designs that can be used as a basis for fast and high-quality website solutions. Our website templates, flash templates and all other products can be customized or used as is. The client will not have any exclusive license or ownership to any website templates or flash templates design concept unless specifically agreed upon in writing. All website templates and flash templates will be made available to any Client wishing to sign up with Canunify Business Solutions Inc. and/or Roar Solutions Inc. for website services.

Web Stats and Measurement: 
The Client shall have access to server-based traffic measurement software as provided by Roar Solutions Inc. for the measurement of vital web site statistics of www.YourDomain.com. Canunify Business Solutions Inc and Roar Solutions Inc. irrevocably reserve the right to amend these services at there sole and unfettered discretion.
 
Email Accessibility:
We agree to respect privacy of email communication sent, limited only to our rights for disclosure under law, the Internet is a public domain and while we shall strive to provide secure access we shall not be liable for any propagation of email or content to non-related third parties deriving access without our control or approval to any messages disseminated though our server for or on behalf of our Client.  Please view our AUP (Authorized Useage Policy) for email accounts

Terms of Use

Canunify Business Solutions Inc. and Roar Solutions Inc. shall provide the user web services account (includes website design, website and email hosting, direct email campaigns, and other database driven modules) incorporating within any third party services supplied or added and amended from time to time at the sole and irrevocable discretion of Canunify Business Solutions Inc. and/or Roar Solutions Inc. The web site services and hosting account shall require you as a Client of Canunify Business Solutions Inc. and Roar Solutions Inc. to abide by terms of service as herein outlined. By accepting the terms of use as herein outlined you are accepting and agreeing that any violation by you as Client of Canunify Business Solutions and Roar Solutions Inc. shall at the irrevocable option of Canunify Business Solutions Inc. and/or Roar Solutions Inc. render this agreement without exhausting the generality of the terms and conditions contained herein, null and void.

Software Licence Limitations:

The client shall not directly or indirectly (nor will it authorize other third parties to) :

• Copy the Control Panel software provided by Roar Solutions Inc.
• Reverse Engineer or decompile the software provided by Roar Solutions Inc.
• Transfer or assign to any third party the rights of use of the software provided by Roar Solutions Inc. to any third party without the express written consent of Roar Solutions Inc.
• Develop or code any derivative or other software program(s) based in whole or in part on any software provided by or licensed through Roar Solutions Inc. to the client.

Roar Solutions Inc.. develops proprietary software. You shall have no rights to this proprietary software and related documentation, or any enhancements or modifications thereto. You may not copy, transcribe, distribute, disassemble, modify, reverse engineer or create derivative works of this software.

Proprietary Rights :

The Client shall not have any right, title or interest either expressed or implied to the following :

•  Website design templates, flash website design templates or any other web product Roar Solutions Inc. develops.
•  Proprietary code of the Roar Solutions Inc. Content Mangement System.
•  Proprietary code of the Roar Solutions Inc. Real Estate Web Solution System.
•  Proprietary code of the Roar Solutions Inc. Mortgage Websolution System.
•  Copyrights, patents, trademarks, trade secrets and or any other proprietary rights of Roar Solutions Inc. or third party supplier of Roar Solutions Inc.

Sole Responsibility of all Content:

The client shall be wholly and separably responsible for the distribution of all content displayed within the Clients web site without exhausting the generality of the foregoing any breach of copyright, legality of content displayed with respect to any law shall be the sole responsibility of the Client.  The Content of the Client, trademarks, copyrights and proprietary rights of the Client shall remain those of the Client.

Web Account Security

• You agree you are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number.
• You agree You are entirely responsible for any and all activities that occur under your account.
• You agree to notify Canunify Business Solutions Inc. immediately of any unauthorized use of your account or any other breach of security.
• You agree Canunify Business Solutions Inc. and/or Roar Solutions will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge.
• You further agree you could be held liable for losses incurred by Canunify Business Solutions Inc. and/or Roar Solutions Inc. or another party due to someone else using your Account Access Information.
• For security purposes,  you should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to your Account Access Information.
• You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. Roar Solutions specifically disclaims liability for any activity in your account, whether authorized by you or not.

Payment and Billing Policies:

The following is intended to supplement the Canunify Business Solutions Inc. and Roar Solutions Inc. Billing Policy by providing a context for it, without conflicting therewith.

Intial Web Project Setup Fees
• 100% one time web setup fees are due before commencement of project. 
• Cancellation of any projects is subject to payment of % of completed project + $100 administration fee. 
• Monthly hosting is billable at the start of the month of each month for upcoming hosting cycle.
• Client is responsible for last month hosting fee on first invoice, and all subsequent monthly hosting payments.

Domain Names
• Domains managed by Canunify Business Solutions Inc. and Roar Solutions Inc. will be automatically renewed on your behalf. Renewal fees will be applied to the credit card on file or invoiced to you once the renewal process is complete. 
• To cancel the renewal of a Domain Name, please contact Canunify Business Solutions Inc. not less then 60 days prior to the expiry of the Domain Name.
• Domain Names are purchased or renewed for a term of two years. Longer terms are available upon request.

Ongoing Web Hosting Fees
• Hosting fees are payable monthly or annually in advance. You will be billed last months hosting when you first open up your account with Canunify Business Solutions Inc. and Roar Solutions Inc.. 
• If we cannot process your monthly web account/hosting fee (i.e. - declined credit card / NSF cheque), it will be your responsibility to contact Canunify Business Solutions Inc. to update your account with us BEFORE the next billing cycle (i.e. - the 1st day of the next month). This will ensure your account stays activated. 
• Monthly hosting for months that we cannot process your payment will still be owing to Canunify Business Solutions Inc. with interest on late payment calculated at 2% per month.
• Monthly website fees must be received within the first 10 days of the month.  If we do not receive this from you, you will be contacted by our customer support staff once by email and once by phone to remind you about your past due account.  At the end of the month, your site will be suspended.  This suspended mode will leave your website unreachable by the general public.
• Canunify Business Solutions Inc. and Roar Solutions Inc. reserve the right to terminate services at any time for non-payment of fees due on account.
• PLEASE NOTE -- to reactivate your website and email, you will need to have your account paid in full and pay a $75+GST re-activation fee. Activation and set-up fees are non-refundable.
• Interest on late payments shall accrue at the rate of 2% per month.
• A $30 fee shall apply for any returned cheque received by Canunify Business Solutions Inc. or Roar Solutions Inc. from the client.
• Monthly web hosting fees shall continue until termination of the Agreement. 
• In the event of default of the terms of this contract for services Canunify Business Solutions Inc. and Roar Solutions Inc. reserve the right (acting without prejudice) to withhold domain DNS transfer until such time as all outstanding items are paid in full with penalties and interest.
• At such time when the hosting of a website ceases, Roar Solutions Inc. removes all information (files, database, images etc.) from our servers. Please note that the files the client would receive WILL NOT contain any proprietary code developed by Roar Solutions Inc. Therefore most sites would need to be manually saved page by page and the clients site WILL NOT have the same functionality as it did when it was hosted by Roar Solutions Inc. The client WILL NOT receive any proprietary code or any database files.
• Your web hosting account provides for a pre-defined amount of storage space and data transfer. Any excess in use of space over that allocated outlined herein under Data Storage and Transfer at the then current rate charged by Canunify Business Solutions Inc. and Roar Solutions Inc..
• GST will be charged where applicable. Canunify Business Solutions Inc. GST Registration Number is 807246624RT0001 and Roar Solutions Inc. GST Registration Number is 131038317RT0001.

Cancelling Your Web Account and Agreement

• You MUST contact Canunify Business Solutions Inc. in writing at support@cbswebministry.com to cancel your web account or you will continue to be billed according to your existing payment schedule with Canunify Business Solutions Inc..
• For security reasons, Canunify Business Solutions Inc. and/or Roar Solutions Inc. may contact you by phone to verify your cancellation email to us. 
• Canunify Business Solutions Inc. and Roar Solutions Inc. reserve the right to terminate services and withhold domain name information if fees for all services provided by Canunify Business Solutions Inc. and/or Roar Solutions Inc. have not been paid in full in advance of early termination.
•  Any breach of the terms of this agreement by the client shall constitute at the sole and irrevocable option of Canunify Business Solutions Inc. and Roar Solutions Inc. a breach of this agreement and Canunify Business Solutions and Roar Solutions Inc. shall have the irrevocable right to terminate services.
• Should Canunify Business Solutions Inc. and /or Roar Solutions Inc. elect to cancel the provision of services offered it may do so at its sole and irrevocable option at any time by providing 30 days advance notice to the Client of intent to terminate services or a portion of services offered.

Warranty Disclaimer, Limited Liability and Indemnity

• All services provided are done so on an "as is" basis and Canunify Business Solutions Inc. and/or Roar Solutions Inc. do not make any representations or warranties either expressed or implied including but not limited to, warranties of merchantability, non-infringement and title, any warranties arising from a course of dealing with usage and/or trade practices and there is no warranty that the service provided will be uninterrupted, error-free or completely secure.
• Canunify Business Solutions Inc. and Roar Solutions Inc. shall in no event be liable to the Client or any third party for any indirect, consequential, punitive or non-contractual damage or lost profits arising out of or related to this agreement.
• The Client will indemnify and hold Canunify Business Solutions Inc. and Roar Solutions Inc., its officers, directors, employees, agents and affiliates (each as an "Indemnified Party") harmless from and against any and all costs, liabilities, losses and expenses related to any action taken against the Client related directly or indirectly to the provision of the services provided for by Canunify Business Solutions Inc. and/or Roar Solutions Inc. to the Client.
• If the Client has a “Roar Solutions Inc. Content Management System" the client shall be wholly responsible for any redistribution of the username and password access, saving Canunify Business Solutions Inc. and Roar Solutions Inc. harmless form any and all claims resulting from any third party violation of access to the site and its content.

Reference of Client by Canunify Business Solutions Inc. & Roar Solutions Inc.:

Canunify Business Solutions Inc. and Roar Solutions Inc. reserve the right to distribute and reference the Client as a client of Canunify Business Solutions Inc. and Roar Solutions Inc. In addition any correspondence from the Client to Canunify Business Solutions Inc. and/or Roar Solutions Inc. can be used by Canunify Business Solutions Inc. and Roar Solutions Inc. within any marketing based initiative by Canunify Business Solutions Inc. and/or Roar Solutions Inc. including but not limited to listing on Canunify Business Solutions Inc. and/or Roar Solutions Inc. websites (i.e. – www.cbswebministry.com, www.canunify.com, www.roarsolutions.com), testimonial reference, printed and on-line marketing based programs. .

Independent Contractor Status:

Canunify Business Solutions Inc. and Roar Solutions Inc. are independent contractors and there is no agreement either expressed or implied to establish any relationship of partnership, joint venture, employment, franchise or agency between Canunify Business Solutions Inc. and/or Roar Solutions Inc. and the Client. The Client has no authority to bind Canunify Business Solutions Inc. and/or Roar Solutions Inc. to any third party agreement(s).

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