DigiHype Media Inc’s Terms and Conditions
No representation by DigiHype Media Inc. and no warranty of success for the client. The client acknowledges that, in order to promote its DigiHype Media Inc. website and website services from DigiHype Media Inc., from time to time DigiHype Media Inc. may convey data including statistics or other types of information, which illustrates the results obtained by certain clients or average results obtained by certain groups of DigiHype Media Inc. clients. DigiHype Media Inc. declares that such data, to the best of its knowledge, is accurate and that said data has been obtained from credible and independent sources. The client also acknowledges that such data is conveyed solely for informational purposes and DigiHype Media Inc. does not conduct any analysis regarding clients businesses and that consequently the results obtained by the client may vary considerably from client to client.
Approval of the clients’ credit The client acknowledges that the contract is strictly conditional upon DigiHype Media Inc.’s approval of the clients’ credit. DigiHype Media Inc. may cancel this contract if it deems, at its sole discretion, if the clients’ credit is not satisfactory. The client therefore authorizes DigiHype Media Inc. to conduct all usual inquiries with third parties regarding the clients’ solvency and credit and to record in the clients ﬁ le and disclose to third parties information regarding the clients’ credit.
Variable term and automatic renewal At the end of the period identiﬁed on the additional pages of this contract (the Initial term) and in the case of ongoing website hosting and social media and other programs, this contract is automatically renewed for consecutive subsequent periods (Renewal period) equal in length to the initial term, unless the client gives DigiHype Media Inc. written notice of nonrenewal at least two months before the end of the initial term of any renewal period. Notwithstanding the foregoing, search engine solutions, due to its nature and timing, shall not be subject to automatic renewal.
Increase of fees The monthly or lump sum fees or one time fees due pursuant to the contract may be increase annually by DigiHype Media Inc. at its sole discretion and in accordance with its standard practices the client shall pay DigiHype Media Inc. the increased fee upon receipt of a notice of increase from DigiHype Media Inc.
Maintenance fees The client recognizes and agrees that all websites built and maintained by DigiHype Media Inc. or any its afﬁliates will be levied with a monthly maintenance fee from the time of publishing on month 1. In addition to the client agrees that all hosting costs and URL charges will be the sole responsibility of the client. It is agreed that all these charges will be due and payable by the client upon receipt of their invoice.
Names, information and trade marks The client agrees that none of the DigiHype Media Inc. Name or Logo or other proprietary information is to be used in any promotional or other information without the expressed written consent from DigiHype Media Inc.
Late charges The client undertakes to pay the monthly or lump-sum fee due Pursuant to this contract due to DigiHype Media Inc. invoice. An interest rate of 2% per month applies to any remaining balance until paid fully following receipt of the invoice.
Early termination and refusal to publish and or host DigiHype Media Inc. may terminate this contract and refuse to publish or offer the advertisement and/or host a website upon notice to the client if the client is in default to pay an amount owed to DigiHype Media Inc. pursuant to this contract or to any other contract entered into with DigiHype Media Inc. DigiHype Media Inc. will also hold a client’s deposit and the client may incur further charges beyond the deposit if a late cancellation is made to a contract that is already in progress.
Limited liability of DigiHype Media Inc. The client acknowledges that DigiHype Media Inc. produces publishes, offers and posts websites, social media, and other forms of advertising and that errors may sometimes occur, but that DigiHype Media Inc. will be allowed a limitation of liability. In the case of any error omission or interruption of hosting service DigiHype Media Inc. liability will be limited to the sum of the monthly payments that are due to this contract for the initial term only and no other costs.
Clients’ warranty The client warrants that it is authorized to publish all the information including photos and content and the client maintains full liability and responsibility for this under law. The client also warrants that it holds all permits or licenses which may be necessary including any licenses to practice issued by any professional or other regulatory body exercising his jurisdiction over the clients’ activities. The client further warrants that it holds all the rights to use the trademarks or trade names including in the advertisement or on the website and that such use does not violate and provisions of any law or statute including the trademarks act the copyright act and any other law or statute relating to the intellectual property.
Modiﬁcation to this contract by DigiHype Media Inc. The client acknowledges that DigiHype Media Inc. from time to time may modify this contract. If such modiﬁcations do not substantially affect the rights and obligations of the client the client is bound by any such modiﬁcation from the moment the clients receives a notice to that effect.
No contact by client The client agrees to allow DigiHype Media Inc. to publish their website upon reasonable completion (and as long as all payments have been received) if there has been three documented attempts to reach the client without any success. DigiHype Media Inc. will not be held liable for any errors due to a lack of communication by the client.
Completion of website: The client agrees that their website will be considered completed after a maximum of 4 weeks unless noted in the contract and as such the client will be charged the remainder of the outstanding balance of the website build.
Taxes: All Sales taxes and other Governmental Charges shall be paid by the client and are the Buyer’s Responsibility except where limited by the law.
Third Party Content: The client acknowledges and agrees that DigiHype Media Inc. may also display and publish third party content related to the client, as well as publish the client’s content to third party partners of DigiHype Media Inc. Further, the client acknowledges and agrees that DigiHype Media Inc. shal not be responsible or liable, directly or indirectly, for any damages or loss caused or alledged to be caused by or in connection with third party content or the publishing of client’s content to third party partners. The client releases DigiHype Media Inc. from all liability with respect to third party content or the publishing of client’s content to third party partners.
Smart Bundles: The client acknowledges and agrees that all Smart Bundles are to be contracted for a minimum of a 12 month period of time only in order to receive the promotional price.
Websites: The client acknowledges that all Websites with Updates, Maintenance and Hosting included are contracted for a 24 month period of time and all applicable monthly fees are incurred.
Force Majeure: Seller may, without liability, delay performance or cancel this contract on account of force majeure events or other circumstances beyond its control, including, but not limited to, strikes, acts of God, political unrest, embargo, failure of source of supply, or casualty.
Default: The client shall be in default of this contract should any one of the following occur. A. the client does not pay the fees due pursuant to this contract, B. The client ceases doing business. C. The client reproduces either a portion of or in its entirety the Advertising Services created by DigiHype Media Inc. in any other media without DigiHype Media Inc.’s consent (hereinafter collectively referred to as a “Default”). On occurrence of a Default, DigiHype Media Inc. may terminate this contract immediately. Furthermore all fees for the remaining term under this contract shall become immediately due and payable to DigiHype Media Inc. plus other reasonable fees as liquidated damages.
The client agrees that all content on contracted websites that include maintenance, updates and hosting will remain the property of DigiHype Media Inc. until the end of the 24 month term of the contract and will revert back to the client as long as the client has paid in full all website related costs including build and maintenance fees.