1. Acceptance of Terms
By using or visiting THE CREATIVE WEB FACTORY website (the "Website"), you agree to these terms and conditions (the "Terms").
THE CREATIVE WEB FACTORY may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Website after they are posted online.
2. Ownership of Website Content
The content on this website is the exclusive property of THE CREATIVE WEB FACTORY. You must obtain permission before using our content. There are severe legal consequences for those website visitors who would steal our intellectual property.
4. HOSTING – WITH LEASE
- THE CREATIVE WEB FACTORY does not conduct credit checks.
- All data gathered is confidential and cannot be disclosed.
- Unless otherwise stated, the minimum lease amount is 4500.00 Canadian over 36 months.
- The minimum interest charged is 10 percent. It is calculated by dividing the principle amount by the number of leasing months and then multiplying the monthly payment by 1.10. IT IS NOT compound interest.
- Failure to pay your monthly lease will result in a five day warning. After five days THE CREATIVE WEB FACTORY, will freeze your website until payment has occurred. There is an 80.00 Canadian NSF charge for bounced payments. Should we not receive a valid credit card payment within five days of freezing your account, we will send your unpaid account to collections. You agree to pay 15% compound interest on the unpaid balance plus all expenses incurred for the collection process.
- During the duration of the lease, THE CREATIVE WEB FACTORY will host your website. At no time are you allowed to login to the website control panel, ask the data centre for access or otherwise attempt to take control of the website. Should you attempt any of the aforementioned, you will be asked to pay the lease out in full. Failure to pay the lease in full will result in The Creative Web Factory employing a professional collection agency to collect your unpaid account. You agree to pay 15% compound interest and all expenses that we incur collecting from you.
- Due to data transfer limitations we prevent the sharing of videos. If you want to share your video or videos, THE Creative Web Factory will require a small monthly fee of $65.00 per month cover the additional data transfer.
- THE Creative Web Factory will brand each video with THE Creative Web Factory logo.
- We reserve the right to request a deposit. The deposit will never amount to more than 40 percent of the total lease price.
- Upon the successful conclusion of your lease, you will be provided with the CPANEL login details to your website.
- In order to qualify for a lease you must own one of the following:
- A legitimate and legal business enterprise.
- A house, condominium or other dwelling.
- A motor vehicle that has a value greater than $25,000.00.
- You will be asked to prove you own items 1, 2, or 3. We do not accept photographs without documentation. We will require proof of ownership and in some cases might ask you to swear in front of a notary public. Should this occur, it is at your expense.
5. HOSTING WITH NO LEASE
- Hosting is provided at no extra cost. Our hosting is not unlimited data transfer. Your account includes 50 gigs of monthly data transfer. Should your site’s data transfer exceed the aforementioned monthly amount, you agree to pay the video hosting fees of 65.00 Canadian per month.
- Should you refuse to pay the fees, your hosting account will be terminated and the balance of your lease will need to be paid out within 24 hours. Failure to pay will result in your account being sent to collections. You agree to pay all legal expenses and 15% compound interest. You also agree to have liens placed on your property, vehicles or both.
- Your videos cannot be shared to social media. Should you require the ability to share your videos, your hosting fee will be $65.00 per month plus any data over the 50 GB limit.
- You are strictly prohibited from using your hosting account for spamming. Any account that spams will be immediately terminated and you will be asked to pay the balance of your lease. Failure to pay the balance of your lease will result in your account being sent to collections. You agree to pay all legal expenses and 15% compound interest.
- You are strictly prohibited from hosting and sharing pornographic and/or erotic material. By doing so, you agree to pay your lease in full, plus 15% compound interest. Failure to pay will result in collections and you agree to pay for any costs that THE Creative Web Factory incurs.
- You are strictly prohibited from posting pictures, video or audio about Cannabis. By doing so, you agree to pay your lease in full plus 15% compound interest. Failure to pay will result in collections and you agree to pay for any costs that THE Creative Web Factory incurs. Exclusions – Legitimate businesses who have a valid business license to grow, sell and promote Cannabis and Cannabis accessories, (lights, grow tents etc…) are exempt from the aforementioned prohibition.
- You are strictly prohibited from posting any content that attacks an ethnic group or singles them out in a negative manner. By doing so, you agree to pay your lease in full plus 15% compound interest. Failure to pay will result in collections and you agree to pay for any costs that THE Creative Web Factory incurs.
- You are strictly prohibited from posting any content that makes disparaging remarks about the LGBTQ community. By doing so, you agree to pay your lease in full plus 15% compound interest. Failure to pay will result in collections and you agree to pay for any costs that THE Creative Web Factory incurs.
- You are strictly prohibited from using your account as a cloud storage solution. By doing so, you agree to pay your lease in full. By doing so, you agree to pay your lease in full plus 15% compound interest. Failure to pay will result in collections and you agree to pay for any costs that THE Creative Web Factory incurs.
- Upon the successful conclusion of your website lease, you can either:
- Choose to use THE Creative Web Factory as your video hosting solution.
- Locate a new web host. In the event you choose to locate a new web host, you will have 24 hours from the time you receive your login details to move your website to the new server. After 24 hours, we will delete your website and all related videos.
- Our standard video hosting rate is 65.00 Canadian and includes 50 GB of data transfer, data overages are invoiced at 1.00 per GB. This rate also applies to HOSTING WITH LEASE clients.
- You are hereby strictly prohibited from:
- Uploading content that promotes and markets the usage of Cannabis or other drugs.
- Uploading content that attacks an ethnic group or singles them out in negative manner.
- Uploading content that attacks or singles out members of the LGBTQ community.
- Sending unsolicited emails.
- Using your account as a cloud storage solution.
Should any of the aforementioned occur, your account will be deleted. There will be no refunds issued.
7. CREATION OF MARKETING VIDEOS (CLIENT GEAR)
- We do not provide refunds for website deposits, video production deposits or for our website leasing program.
- We provide refunds for lease-term ended video hosting. For example, if your lease term has ended and you decide to host with THE CREATIVE WEB FACTORY, only to change your mind and host elsewhere, then we can issue you a refund within 7 days of your purchase. The refund will cover only unused months. Example: You purchase video hosting July 1st and pay for 2 months in advance. You then change your mind July 4th. We will issue you a refund for the one unused month.
- In order to produce you a quality video, we will need everything that is offered as an add-on or upsell item. This includes but is not limited to your main product, add-on items and upsell items.
- We will ask you for all of the items and suggest additional items to you. You will ship the aforementioned items at your cost.
- If you cancel your lease during the initial website creation phase, AND/OR during your lease term, THE Creative Web Factory will store your items at a cost of $50.00 per day.
- After 30 days, and if your account is not paid in full, we reserve the right to liquidate the aforementioned items.
- If you require your product or products back, we will ship them back to you at your cost; AND only when your lease is being paid on time and your account is up to date. Please refer to 7.3 above.
9. CHANGING AGREED-UPON TERMS
- Should you decide to cancel your lease, website design and/or sales script, you agree to pay the full and real amount of your lease plus 15% compound interest.
- Should you decide to cancel your lease, THE Creative Web Factory will invoice you for our total time invested, plus costs for any additional hardware that we purchased for your project. You agree to pay the real amount of your lease which is billable at $200.00 per hour.
- You agree that THE Creative Web Factory can place a lien onto what we determine to be of value.
- You agree that ALL court actions will be conducted in Edson Alberta.
- We believe in consistency and dislike chaos. Should an additional party become involved and try to change what has been agreed upon, then this will be viewed as your firm cancelling a legal agreement, this counts for both written and verbal arrangements. This could lead to your firm paying the lease amount in full, plus compound interest; or full legal action for breach of contract. You will be liable for all of our legal costs.
BY ACCESSING THIS WEBSITE YOU AGREE TO DO SO ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE CREATIVE WEB FACTORY DOES NOT WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, THE CREATIVBE WEB FACTORY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CREATIVE WEB FACTORY MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE WEBSITE AT ANY TIME. THE CREATIVE WEB FACTORY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE UPON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
11. LIMITATION OF LIABILITY
THE CREATIVE WEB FACTORY, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF THE CREATIVE WEB FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CIRA, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CREATIVE WEB FACTORY, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY'S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, THE CREATIVE WEB FACTORY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.