Terms of Agreement
Software products: For software products, the initial term of this Agreement shall be 12 months commencing on the date of activation. After the conclusion of the initial 12 month period, the Agreement shall automatically renew for one year on the same day in each succeeding year. Unless notice is provided to SmartWeb Canada by You more than 60 working days prior to expiry of the initial or any subsequent term, this Agreement will automatically be extended by a further year on our then current terms and conditions. Your failure to give a notice canceling the Services prior to the commencement of this 60 working day period will constitute acceptance by You of the next renewal.
Smart Web Canada may cancel or elect not to renew the Services for any reason or no reason at all by delivering to You a written notice of non-renewal at least 60 working days prior to the expiration of the initial term or the thencurrent renewed term, as applicable.
Software products: The service fees (software license) are payable by You yearly in advance by credit card only.
You are not entitled to a refund of fees for early cancellation of this Agreement (unless We terminate it other than by reason of your default).
Renewals: The service fee (software license) will be renewed automatically on the anniversary date unless SmartWeb Canada receives 60-day notification.
Domain names: All fees for the duration of the license are payable by You in advance of the relevant license term [by credit card only]. You are not entitled to a refund of fees for early cancellation of this license (unless We terminate it other than by reason of your default).
Design Services: Once a design has been completed and accepted by You, SmartWeb Canada can process any outstanding invoices related to the service regardless if the web site is completed.
Other services: Payment for any additional services that incur a one-off free requires payment upfront and work will not commence until payment is received [by credit card only].
If Your Account remains unpaid 7 days after the date of invoice: We may suspend or terminate the Services provided to You. Any suspension does not relieve You of Your obligation to make payments under this Agreement.
- This includes in the event of credit card transactions being declined. If this occurs an email will be sent to the primary email address that You have provided for us. Failure to provide us with changes to Your primary email address will not result in any extension.
- Accounts in default may be subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law.
- You agree, in the event of default, to pay SmartWeb Canada our reasonable expenses, including legal and collection agency fees, incurred in enforcing our rights under this Agreement. Fees are exclusive of any taxes which may be levied or assessed. Any such taxes shall be paid by You. If the whole or any part of a payment is the consideration for a Taxable Supply for GST purposes, You must pay to SmartWeb Canada an additional amount equal to the applicable GST amount with that payment and SmartWeb Canada will provide You a GST tax invoice.