Terms and Conditions
Standard terms governing your use of NetWest Online's internet and hosting services.
Standard Terms and Conditions | Disclaimer | Acceptable Use Policy | Privacy Policy | SLA
This services agreement (the "Agreement") contains the terms and conditions which govern your subscription of web hosting, internet access and any other services (the "Services") provided by Netwest Online Inc. As used in this agreement, "Netwest Online Inc." means Netwest Online Inc. and "Client", "Customer", "you", or "your" means you the subscriber.
1. Acceptable Use Policy
Netwest Online Inc. provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. Client agrees that it will not distribute, electronically transmit or display any materials supplied by client — or through client by a third party — on any Netwest Online Inc. server or via a Netwest Online Inc. internet connection which may: violate any domestic or foreign laws or regulations; infringe on any intellectual property rights of Netwest Online Inc. or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate; violate any Netwest Online Inc. policy; or contain viruses or other computer programming defects which result in damage to Netwest Online Inc. or any third party. Bandwidth Overage: Client may only consume the amount of bandwidth allocated by the Service to which Client has subscribed. Additional fees will be levied at the appropriate overage charge for exceeding any bandwidth allowances. SPAM: Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client's accounts found to be involved in the distribution of spam will be terminated instantly and without notice. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the services. Back-Up Files: Netwest Online Inc. does not guarantee the existence, accuracy, or regularity of backup services and therefore Client is responsible for making of back-up files in connection with its use of the Services. Termination: Netwest Online Inc. reserves the right to refuse service to anyone and may immediately terminate this agreement if Client engages in any of the foregoing.
2. Payment Obligations
Service Fees: Netwest Online Inc. shall debit Client's bank account or credit card within the first week of each month for any applicable fees / Services rendered. Non-Payment: Netwest Online Inc. shall be entitled to immediately suspend all services provided to Client in the event of Client's failure to remit payment on time. Client will still be liable for the full monthly cost of the service and no refunds or pro rata of any kind will be provided. Non-Payment Legal Policy: In the event of non-payment passing fourteen days from the due date a letter of demand will be issued to Client via email and registered mail. Should payment not be received passing twenty one days after issuing a letter of demand, Client's default will be listed on the TransUnion ITC credit bureau database. Refund Policy: Certain services carry a set-up fee that must be paid by Client and are not refundable. Because the services are provided on a monthly basis, Client will be responsible for service fees incurred each month regardless of when Client provides notice of termination. Billing Information: Client confirms that Client is legally permitted to provide Netwest Online Inc. with banking or credit card account details.
3. Service Level Agreement
While every effort is made by Netwest Online Inc. and its providers to ensure that all services retain a constant up time and high level of quality, given the nature of the services provided this is not always achievable. As such all offerings unless otherwise agreed to in writing are based on the "best effort" premise — where no guarantees on throughput, latency or up time can be provided.
4. Client Liability and Indemnification
The parties agree that in no event shall Netwest Online Inc. be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless Netwest Online Inc. from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
5. Term, Termination & Reinstatement
This agreement shall be effective on the date you register for the services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement. Either party will have the right to terminate this agreement upon notice to the other party. If Client is terminating this agreement, Client must provide one full calendar month's notice via the Netwest Online Inc. Control Panel.
6. Taxes
Client will pay and indemnify and hold Netwest Online Inc. harmless from any and all taxes associated with or arising from Client's use of the services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. Disclaimer of Warranty
THE SERVICES, THE NETWEST ONLINE INC. SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE NETWEST ONLINE INC. SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.