This document constitutes the full and legally binding text of the Public Offer (hereinafter referred to as the "Agreement" or "Terms of Service"). By subscribing, the Customer fully and unconditionally accepts all the terms and conditions set forth below.
"Service Provider" — sole proprietor Artem Varganich, providing platform services (Web-as-a-Service) in accordance with the laws of the province of Alberta.
"Customer" — a legal or natural person who has accepted this Offer.
"Service" — the provision of a limited license to the Customer to use a website template on dedicated infrastructure.
2.1. The Service Provider grants the Customer the right (non-exclusive license) to use the software shell (website template) and computing power of servers on the Internet.
2.2. The Customer acknowledges that the ownership of the software code, design (template), databases, and infrastructure of the provided service belongs exclusively to the Service Provider. This Agreement cannot be construed as a contract for the creation of intellectual property with subsequent transfer of rights to the Customer.
2.3. Technical Maintenance and Updates: The subscription includes the right to 1 (one) free website content update (texts/images) every 2 (two) months. More frequent content updates, as well as any global changes to the design or structure of the site, are not included in the primary subscription and are billed additionally upon prior agreement of the parties.
2.4. Promotional Link: The Service Provider reserves the right to place a discrete promotional link reading "Website technology & maintenance by Canadian.Top" in the footer of the Customer's website. The Customer agrees that this link must remain intact for the duration of the subscription. Unauthorized removal of this link may constitute a breach of this Agreement.
3.1. The Customer has the right to provide their own texts and photographs to fill the site within 3 (three) business days from the moment the order is placed. If materials are not provided within the specified period, the Service Provider performs the initial content generation using Artificial Intelligence (AI) technologies.
3.2. Approval Process (Test Environment): Initially, the site with generated content is published in a test environment (on a technical domain). From the moment the link to the test version is provided, the Customer is given 7 (seven) calendar days to verify the content and provide clear technical specifications for adjustments.
3.3. If no adjustment requests are received from the Customer within 7 days, the content is considered unconditionally approved by the Customer, after which the site is transferred to the main domain. Any AI materials are provided on an "AS IS" basis.
3.4. Customer Liability: The responsibility for the final verification of facts and legal clearance of any hosted content rests exclusively and indefinitely with the Customer. The Customer bears judicial and legal responsibility for the absence of copyright infringement (Copyright clearance) both before and after the content is published on the site, throughout the entire duration of the subscription.
The Customer agrees not to use the infrastructure for: violation of laws, distribution of copyrighted content without permission (Trademark infringement), fraud (Scam), financial pyramids, data collection bypassing PIPEDA or GDPR, as well as hosting discriminatory materials, child pornography, threats, and spam.
5.1. The subscription fee is charged monthly in the form of automatic, recurring debits from the Customer's bank card or account.
5.2. The term of the agreement (Initial Term) is 1 (one) year. The amount for the first year is fixed at the time of payment processing.
5.3. Refund Policy (No Refunds): After 3 days from the initial payment, payments are non-refundable. The parties unconditionally agree that early cancellation of the subscription on the Customer's initiative does not reverse or write off their financial obligation to pay for the first full year of subdomain rental.
5.4. Auto-renewal and Price Changes: At the end of the first year, the subscription automatically renews on a monthly basis (Renewal Term). The Service Provider reserves the right to change the subscription fee after the end of the first year of subscription. Either party has the right to cancel the subscription and disable auto-renewal at any time before the actual date of the next scheduled billing; a 30-day notice rule does not apply.
6.1. Failure to pay the subscription fee or a critical violation of the acceptable use policy (AUP) is grounds for immediate blocking of access to the site (Suspension).
6.2. In the event of gross or systematic violations of the law, the Service Provider has the right to unilaterally terminate this agreement (Termination) and permanently delete the site without any obligation to refund funds.
The Customer agrees to indemnify and hold harmless the Service Provider, its officers, employees, agents, and partners from any claims, losses, damages, or costs (including reasonable attorneys' fees) asserted by third parties in connection with the Customer's breach of this Agreement (including AUP) or any violations of law in publishing content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THE SERVICE PROVIDER'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL BE LIMITED TO THE AMOUNT THE CUSTOMER ACTUALLY PAID FOR THE THREE (3) MONTHS PRECEDING THE INCIDENT.
9.1. The Service Provider strictly adheres to laws safeguarding copyrights and third-party rights. Any complaints regarding Customer content (including DMCA / Trade Mark Abuse notices) must be directed to the following email address: info@canadian-websites.top.
9.2. The Service Provider will review the complaint within a reasonable time. The Service Provider reserves the absolute right to remove disputed content or suspend the Customer's resource at its sole discretion (Take-down right), without the need for a court order or warrant, in order to protect the Service Provider's infrastructure and reputation from legal risks.
These Terms shall be governed by and construed in accordance with the substantive laws of the province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to principles of conflicts of law. The parties expressly and unconditionally agree that the courts of the province of Alberta shall have exclusive jurisdiction to resolve any disputes under this Agreement.