Hosting Service Agreement


This Web Hosting Agreement is between Elite Results Marketing Group. referred to as “Elite Results”, “us”, “our” or “we”, a company that specializes in web hosting and web designing services and referred to as “Client” or “the Client”.

ACCURACY OF INFORMATION 
As further consideration for the Services, you agree to: 
(i) Provide current, accurate and complete information about you (“Account Information”), and 
(ii) maintain and update this information as needed to keep it current, complete and accurate. 
You, by transacting for this Service represent that your Account Information is accurate and complete.

WEB HOSTING
Elite Results Marketing Group will host Client’s website(s) on a dedicated or shared dedicated servers with an Internet address for storage and access of Content, User Content, and the Website. The Website, Content, and User Content must be “server-ready.” Elite Results Marketing Group will provide bandwidth and storage as specified in the selected web hosting package. If Client requires additional bandwidth or storage, Elite Results Marketing Group will negotiate in good faith to amend this Agreement unless Elite Results Marketing Group’ server computers cannot accommodate the requested bandwidth or storage.
Once the client has only paid for web hosting, they will be instructed on how to FTP the files on to the server. Elite Results Marketing Group will not assist the client in installing, setting up the FTP software on their computer or editing their website pages unless otherwise contracted (paid) for this additional support & Service. The client can hire Elite Results Marketing Group at an additional cost if they require assistance in getting the website designed, fixed or updated.

WEB HOSTING SUSPENSION

Clients’ web hosting limits are set as per the package they sign-up for. Elite Results Marketing Group’s servers automatically send reminder emails when clients’ web space usage gets close to the allowed web space or bandwidth limit. If the client does not respect the allocated limit, the server will automatically suspend the web hosting account. Clients are encouraged to upgrade their web space to a higher package they believe they will require more disk space or bandwidth.

ELITE RESULTS DOMAIN MANAGEMENT 
Elite Results Marketing Group offer Domain A Domain Management service; Elite Results marketing group if contracted will purchase the chosen domain of your choice on “the client” behalf. The ownership of the domain is 100% that of the “client” when the domain fees are paid in full. If the “client” wishes to no longer use Elite Results Marketing Group’s services then the “client” is able to request the domain to be migrated to a domain provider of their choice. (A $25.00 fee may apply for the time involved with migrating the domain over.) Elite Results Marketing Group Always highly Suggests the “Client” always purchase their domain name with their own domain provider account.

ANTI-SPAM POLICY 
The client will not send SPAM, or any unsolicited commercial email from our network to promote any website hosted on our network or any related or non-related business using SPAM. Elite Results Marketing Group reserves the right to determine what constitutes SPAM and terminate all services, without prior notice, of any customer disregarding this policy. Elite Results Marketing Group reserves to right to terminate the web hosting service without any refund.

REFUSAL OF SERVICE 
 Elite Results Marketing Group holds the right to refuse providing any of its services to any user at it’s own discretion. These refusals may be a result of, but not limited to, unsatisfactory references, bad reputation, bad credit history, etc. If the client has already paid and Elite Results Marketing Group refuses to accepts their registration, client’s payment will be reimbursed excluding $29.95 CDN if any domain name was purchases, registered or renewed.

WEBSITE BACKUPS
Elite Results Marketing Group will backup the Website and emails in a commercially reasonable manner. However, Elite Results Marketing Group is not responsible for lost Content or lost User Content. Website backups will be stored by Elite Results Marketing Group for no longer than 7 days. Elite Results Marketing Group will provide, at Client’s expense, an electronic copy of the backup Website to Client upon written request by Client. Backups are intended for disaster recovery, not the restoration of individual files. Elite Results Marketing Group offers a Month maintenance and back up service of $55.00 per month if you wish for this service and to have your back ups stored for longer than 7 days.

WEBSITE STATISTICS
Elite Results Marketing Group highly suggests that the “Client” connects Google Analytics to their website services. This is a free of charge service provided by Google.

EMAIL SERVICES AND SUPPORT
Elite Results Marketing Group provides free basic local mail service with the each hosting package. The services comes with webmail portal, basic Spam Protection, and we offer free support for assistance with email concerns and connection issues.
Elite Results does not take responsibility for any third party email programs, and if support is required for software issues then extra fees/charges may apply.

AVAILABILITY OF WEBSITE
Elite Results Marketing Group will provide hosting services for the Website that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput. If for any reason the website is unavailable for longer than 0.1% in any calendar month, Elite Results Marketing Group will provide maximum of 1 month of free web hosting service to compensate. Elite Results Marketing Group may also offer financial discount at its own discretion.

SECURITY
Elite Results Marketing Group will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on Elite Results Marketing Group’ server computers. However it is the clients responsibility to ensure that their website code, plugins, and advanced security is kept up to date. If the hosting or website is breached or infected with malware,viruses, harmful scripts then the hosting services will be suspended until the hosting account is cleaned and deemed safe by Sitelocks Security team. If the client does not address and clean the hosting account within 14 days then the account will be terminated. “Client” can choose to have Elite Results contact Sitelock to professionally clean the hosting account at a one time charge of $599.99 CAD, or the clients can choose to sign up Elite Results Marketing Group Security package that offers hourly scanning, enterprise firewall, and free cleaning for a cost of $540.00CAD per year.

SERVER/NETWORK COMPUTER OUTAGES
Elite Results Marketing Group will employ best efforts in providing advance notice to Client of scheduled server computer/network outages.

DISCLAIMERS
Elite Results Marketing Group provides no equipment, software, or communication connections to Client. Elite Results Marketing Group makes no representations, warranties or assurances that the Client’s software and websites will be compatible with Elite Results Marketing Group’ hardware and service.

OWNERSHIP OF CONTENTS, RESPECT & DISPUTE 
All Content and User Content stored by Client on Elite Results Marketing Group’ server computers shall at all times remain the property of Client. Client grants to Elite Results Marketing Group a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for Elite Results Marketing Group to host the Website. The client must only upload the related contents on their website. No contents shall falsely represent client’s products and/or services. The client must respect others. No contents on the website shall be of hateriate, discriminatory or offensive in nature that may offend others accessing the website. Upon receiving any reasonable complaints, if such has been proved, Elite Results Marketing Group holds the right to temporarily discontinue the web hosting service until the contents are rectified. In such event, Elite Results Marketing Group will not be responsible for any loss occurred to client’s business.

LAWFUL PURPOSE
Client will only use Elite Results Marketing Group’ hardware and services for lawful purposes and Client will not store or provide any Content or User Content or link to any material that violates foreign, federal or local law. Should Elite Results Marketing Group become aware that Client has violated any of above stated laws, Elite Results Marketing Group may, at its option, remove the Content or User Content in violation, immediately terminate hosting Client’s Website, and/or notify authorities. If hosting is terminated, Elite Results Marketing Group may, in its sole discretion, reinstate hosting upon adequate showing of Client’s right to use the Content or User Content.

OTHER SERVICE CHARGES
Client is responsible for the payment of other service charges occurred with managing the website. Other service charges include but not limited to Internet Usage charges, telephone charges, or any other charges.

AGE
You expressly represent and warrant that You and any person to whom You grant access to your account have reached the legal age of eighteen.

FEES
Client shall pay fees agreed upon during account signup or renewal. Elite Results Marketing Group will invoice the Client on a monthly, yearly, or every two years basis. Payment’s due date will be posted on the invoice. Full payment will be due by the due date to activate services or keep active services online. In case of credit card payments Elite Results Marketing Group will automatically charge Client’s Credit Card on file and all fees associated with the account up to 30 days before renewal. Elite Results Marketing Group may, at its discretion, charge a 10% fee for late payments if applicable. If the client has paid in advance for web hosting or domain renewal/registration services and decide to cancel the account or terminate certain services, the advance payment will not be reimbursed.

DECLINED CREDIT CARDS MAY INCOUR A FEE
In an event of declined credit cards Elite Results Marketing Group will charge the Client 10% declined credit card fee. Fee percentage will be decided at our own discretion based on the banking or other associated fees.

ACCOUNT UPDATES
It is client’s responsibility to maintain accurate contact and billing information with Elite Results Marketing Group. This includes name, phone number, email address(es), mailing address and credit card information. All communications from Elite Results Marketing Group will go to the email address which was used when signing up until updated. These communications also include account renewal notices. It is client’s responsibility to keep the contact information updated so they do not miss any renewal notices.

TAXES
Client is solely liable for any taxes or fees payable for products or services sold by Client on the Website.

MODIFICATION TO AGREEMENT
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the service provided under this Agreement. Any such revision or change will be binding and effective immediately on notification to you by e-mail or regular mail. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Service following notice of any revision to this Agreement or change in service, you shall abide by any such revisions or changes.

TERMINATION OF SERVICE BY Client
If the client decides to terminate the web-hosting contract with Elite Results Marketing Group a written e-mail or regular mail notice will be required. Upon receiving such notice Elite Results Marketing Group will confirm the receipt of the notice in a reply. If the Client terminates the web hosting contract the advance payment for the remaining months will not be reimbursed.

TERMINATION OF SERVICE BY US
Elite Results Marketing Group may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal or local law; non-payment of fees due; breach of this Agreement and any written modifications thereof; and violation of any other Elite Results Marketing Group policy. Elite Results Marketing Group may terminate this Agreement without cause at any time upon thirty (30) days written notice to Client. In such event a notice will be sent to the Client via e-mail or regular mail.

LIMITATION OF LIABILITY 
You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and/or our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name(s), or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

TRANSFERABILITY 
Should Elite Results Marketing Group be legally separately incorporated, acquired, taken over or merged with another company, the new entity will be deemed to have taken over all responsibilities of Elite Results Marketing Group with regards to this contract, with the contract remaining in full force and effect.

INDEMNITY 
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, from claims by third parties, including but not limited to events relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in cancellation of your Service.

BREACH 
You agree that failure to abide by any provision of this Agreement, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may cancel Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.

RIGHT OF REFUSAL 
We, in our sole discretion, reserve the right to refuse Service within ninety (90) calendar days from receipt of your payment for such services. We agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to provide Service.

SEVERABILITY 
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

NOTICES 
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. PST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to: 
Elite Results Marketing Group Inc.
10076 242b Street
Maple Ridge, BC, V2W1X6
and in the case of notification to you shall be to the address specified in our records as your “Account Information”.

RALATIONSHIP OF PARTIES
No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.

ATTORNEY FEES & COSTS
In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys’ fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.

GOVERNING LAW 
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Province of British Columbia, and you irrevocably consent to the jurisdiction of such courts.

If you have any questions regarding the information on this page please contact Elite Results Marketing Group.

ACCEPTANCE OF AGREEMENT
BY SIGNING UP YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

 

This Hosting Agreement is For the following Primary domain: 

If chosen to for Elite Results Marketing Group to Purchase domain names on behalf of the "Client", Please state domains names:

Domain 1:  
Domain 2: 
Domain 3: 
Domain 4: 

 

 

Date of Agreement: 

Company Name:  

Primary Contact Name:  

Phone:  

Leave this empty:

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Signed by James Findlay
Signed On: December 1, 2018


Signature Certificate
Document name: Hosting Service Agreement
lock iconUnique Document ID: 1894267b504b8a4456fa027cdf0899341f642bc7
Timestamp Audit
November 18, 2018 3:25 pm PDTHosting Service Agreement Uploaded by James Findlay - agreements@elitermg.com IP 70.69.237.15