Chilifish is a trademark the property of Arvic Search Services Inc.
This web site, and its contents, copyright 2006, Arvic Search Services Inc. All rights reserved.
conditions, and notices under which Sites/Services are offered, including but
not limited to the charges associated with the use of hosting
Sites/Services. You are responsible for regularly reviewing these terms and
conditions and additional terms posted on particular websites. Your continued
use of Kwiksites Corp. Sites/Services constitutes your agreement to all
such terms, conditions, and notices.
FTP AND HOSTING
All Files uploaded to
the server must not violate copyrights, must be legal, must not be malicious or
offensive in nature and must be virus free. Files that can be seen by the public
must be suitable for family viewing (no adult or explicit material).
forms, scripts, programs and/or databases uploaded to the server must be "bug
free" and fully functional. Under no circumstances should any executable program
or file like .exe, .com, .pl and/or .dll files be uploaded without written
authorization from Kwiksites Corp. There must be no broken links or incorrect
Anyone who uploads a virus and/or virus infected file, whether
knowingly or unknowingly, will be responsible for the full cost of repairing and
restoring the affected server or servers.
Your mail client program must not
be set to "leave mail on the server". Although there is no mailbox
size limit, "read" mail will be purged every 30 days and "unread and abandoned"
mail will be purged every 60 days. Kwiksites Corp. assumes no responsibility,
implied or otherwise, for lost mail
Users are prohibited from sending unsolicited bulk
e-mail and/or from the receiving of responses from unsolicited bulk e-mail in an
e-mail address hosted by Kwiksites Corp. Kwiksites Corp. reserves
the right to suspend service immediately upon indication of unsolicited bulk
e-mail and will suspend service at their sole discretion.
prohibited from sending e-mail that is illegal, terrorist in nature, threatening
Users agree not to intercept or redirect e-mail
intended for others
Users agree not to maliciously send files with
either corrupted data or viruses
Users will not use impersonation or
use a different name or address with the intent of misleading the receiver into
believing that the sender is someone other than who they are.
FTP and Web Hosting
uploaded to the server must not violate copyrights, must be legal, must not be
malicious or offensive in nature and must be virus free. Files that can be seen
by the public must be suitable for family viewing (no adult or explicit
All forms, scripts, programs and/or databases uploaded to the
server must be "bug free" and fully functional. Under no circumstances should
any executable program or file like .exe, .com, .pl and/or .dll files be
uploaded without written authorization from Kwiksites Corp. There must be no
broken links or incorrect paths.
Anyone who uploads a virus and/or virus
infected file, whether knowingly or unknowingly, will be responsible for the
full cost of repairing and restoring the affected server or servers.
is the responsibility of the client to maintain a backup copy of any their
images, webpages and/or files, whether uploaded by the client, an agent/reseller
or Kwiksites Corp.
WARRANTY - Kwiksites Corp. will use its best
efforts to maintain connectivity to the Internet, but will not be liable for any
damages, consequential or otherwise, for any interruptions of service,
irrespective of the cause of such interruptions.
Payment for all accounts must
be in hand on or before the start of service or on or before the expiry
Please verify that the following information
is correct. If
there are any corrections please
We thank you
for your business. We look forward to a long and lasting relationship with
1) Please make note of the following:
b. Voice (888-206-2121)
c. Fax (888-242-0186)
breakdown of the charges are as follows:
Based on the hosting section on
*Minimum one year sign up required.
30 day money back guarantee from date of signing
Website Design Services less
There is no refund on hosting fees. All
Interactive KwikTools™ are under license and are only
available only on Kwiksites servers. To receive a copy of the graphical
portion of the website, there will be a $75 export fee to cover administration
and/or archive fees.
Continuation and ongoing usage of our website
hosting program and other service, binds you to the following:
1. Your site will go live on your domain name
You agree to the terms and conditions outlined on the Kwiksites Terms on this
3. You agree that your website is now complete and that hosting as
soon as your site is live on your domain name
Note: Graphical changes are not included in our content management program,
and any graphical changes are charged out at $65/hour.
subject to change without notice
Please note: It is the responsibility of you as
a client to ensure that all information that is necessary to complete your
website and/or make changes on your website is sent to our office either via
email email@example.com or at the mailing
If you should have any questions or comments, please feel
email us at firstname.lastname@example.org or phone us at
The governing agency which
assigns domain names, InterNic, will charge a fee for registering domains. The
initial charge is approximately $50,which will pay for one year
registration You are responsible to ensure your Domain name is renewed on
or before the renewal date. If you would like us to renew your
domain name, please contact our office with your credit card information.
Domain name renewal will only be accepted with Credit Card
"Customer" means an end user who is utilizing services provided by
A: All prices for Plans provided by Kwiksites
to Customer are CA dollars and/or converted to US Dollars.
shall be responsible for paying all taxes of any nature which become due with
regard to the Kwiksites services, except for taxes on Kwiksites's income,
irrespective of which party may be responsible for reporting or collecting such
Order acceptance, Payment
A: All orders are subject to
acceptance by Kwiksites. An order will be deemed accepted by Kwiksites when
written confirmation of the orders is sent to customer. Kwiksites may refuse to
accept any order, or delay acceptance pending fulfillment of conditions
Kwiksites may choose to impose. Such refusal or such conditions may not be
unreasonable, however, and Kwiksites agrees to provide Customer with reasonable
notice via Email or fax of any intent to delay or decline the acceptance of any
B: Payment and Terms: Payment shall be made to Kwiksites
into the account designed by Kwiksites, or as may otherwise be agreed in writing
by the parties. Payments are due upon account activation and future renewal.
Parties making payment by one of the following payment methods for renewals will
receive a notification via the CA mail system:
3)Money Orders or
Notifications will be mailed or emailed out thirty (30) days prior to the
renewal date. Parties making payment by credit card for renewals will receive a
notification five (5) days prior to the renewal date via email. Should payment
in full of any invoice not be received by Kwiksites prior to the renewal
date, Kwiksites may discontinue, withhold, or suspend services to customer
and/or its customer(s) to whom such unpaid amounts relate. A reactivation
fee of $75 will apply to any unpaid suspended accounts
Kwiksites will acquire, on request, an Internet Domain Name on
behalf of the customer. In such case the customer hereby must waive in writing
prior to acquisition of said domain name, any and all claims which it may have
against Kwiksites for any loss, damage, claim or expense arising out of, or in
relation to, the registration of such Domain Name in any on-line or off-line
network directories, membership lists or registration lists, or the release of
the Domain Name from such directories or lists following the termination of
services by Kwiksites for any reason. Any cost of Kwiksites in obtaining or
maintaining a domain name for customer or its customers shall be immediately
reimbursed to Kwiksites upon invoice from Kwiksites to customer.
Kwiksites may impose reasonable rules and regulations
regarding the use of its services from time to time.
LIMITATION OF Kwiksites's OBLIGATIONS AND
A: Kwiksites will utilize its best efforts to maintain
acceptable performance of services contracted for services, but Kwiksites makes
absolutely no warranties whatsoever, express or implied, including warranty of
merchantability or fitness for a particular purpose. Kwiksites
cannot guarantee continuous service, service at any particular time, or
integrity of data stored or transmitted via the Internet. Kwiksites will not be
liable for the inadvertent disclosure of, or corruption or erasure of, data
transmitted or received or sorted on its system. Kwiksites shall not be
liable to customer or any of its customers for any claims or damages which may
be suffered by customer or its customers, including, but not limited to, losses
or damages of any and every nature, resulting from the loss of data, inability
to access the Internet, or inability to transmit or receive information, caused
by ,or resulting from, delays, nondeliveries, or service interruptions whether
or no caused by the fault or negligence of Kwiksites.
B: Kwiksites may
discontinue servicing any plan, or may require fulfillment of conditions
Kwiksites may choose to impose as a perquisite for continuing to service any
plan. Unsolicited e-mail using machines controlled by Kwiksites or unsolicited
e-mail to advertise web pages hosted at Kwiksites (even if messages are sent via
other e-mail providers)are unacceptable.
C: Service provided by Kwiksites to a customer shall
be deemed accepted for all purposes fifteen days from activation or renewal for
such services, if no written claim or objection regarding such services has been
received by Kwiksites within the (15)day period. No claim related to such
accepted services shall be raised.
D: Kwiksites's liability to customer,
and any end user of any plan or other Kwiksites services is limited to the
amount paid to and received by Kwiksites for services not accepted. In no event
shall Kwiksites be liable to customer, or any end user or any other entity for
any special, consequential, or other damages, however caused, whether for breach
of contract, negligence or otherwise, even if Kwiksites has been advised of the
possibility of such damage; and shall not be liable for any lost profits, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever
E: Customer will take all necessary measures
to preclude Kwiksites from being made a party to any lawsuit or claim regarding
Kwiksites services provided to any customer or end user. Customer hereby agrees
to indemnify and hold harmless Kwiksites from any and all claims of whatever
nature brought by any of Customer's customers against Kwiksites in excess of the
remedy set forth in paragraph 6 (D).
owns all right, title and interest in Kwiksites's trade names, service marks,
inventions, copyrights, trade secrets, patents, and know-how relating to the
design, function, or operation of plans and the hardware and software systems
and resources necessary to provide the individual service elements of which they
consist. This agreement does not constitute a license to customer to use
Kwiksites's trade names of service marks. The use by customer of the other
property rights mentioned here is authorized only for the purpose of marketing
and selling Plans in the territory.
Kwiksites reserves the right to use all customer
websites designed, whether hosting or not, websites in promotion materials,
either print or online.
acknowledges that by reason of its relationship with Kwiksites hereunder, it may
have access to certain information and materials to Kwiksites's business, plans,
customers, software technology, and marketing strategies that is confidential
and of substantial value to Kwiksites, which value would be impaired if such
information were disclosed to third parties. Customer agrees that it will not
use in any way for its own account nor for the account of any third party, nor
disclose to any third party, any such information revealed to it by Kwiksites.
Customer further agrees that it will take every reasonable precaution to protect
the confidentiality of such information. In the event of termination of this
agreement there shall be no use or disclosure by the customer of any such
confidential information in its possession, and all confidential materials shall
be returned to Kwiksites or destroyed. The provisions of this section shall
survive the termination of the agreement for any reason. Upon any breach or
threatened breach of this section, Kwiksites shall be entitled to injunctive
relief, which relief shall not be contested by customer.
OF THE PARTIES
The relationship between Kwiksites and customer is that of
vendor and vendee. They shall not be construed as being joint ventures,
franchiser/franchisee, agent/agency, dealership/dealer or employer/employee.
This agreement is a commercial agreement between businesses, not a consumer
agreement. Customer has no authority, apparent or otherwise, to contract
for or on behalf of Kwiksites, or in any way legally bind Kwiksites in any
fashion, nor shall Customer be authorized to make any representations about
Kwiksites or its services other than to set forth Kwiksites's responsibilities
as outlined in this agreement.
The parties shall
attempt to resolve all disputes arising out of this agreement in a spirit of
cooperation without formal proceedings. Any dispute which cannot be so resolved
shall take place in Calgary, Alberta, or at another location if the parties so
Should any legal action permissible under this agreement be
instituted to enforce the terms and conditions of this agreement, in particular
the right to collect money due on unpaid invoices, the prevailing party shall be
entitled to recover reasonable attorney's fees and expenses incurred at both the
trial and appellate levels.
agreement shall run in accordance with the term of the initial order.
terminations should be faxed to 888-206-2121 or you can mail a hard copy to
Kwiksites Corp., 46 Gleneagles View, Cochrane, AB, T4C 1P1 The account will not
be renewed unless:
A: By customer, by notifying Kwiksites in
writing thirty (30) days prior to renewal of this agreement. If notification is
not received 30 days prior then the hosting agreement will be
B: Kwiksites, upon thirty (30) days written
notice, if customer breaches any material and substantial provision of this
agreement and has not cured by the end of the thirty (30) days.
Cancellation of services, set up fees, installation fees, host system change,
parking fees, provisioning, ecommerce catalogue and consulting fees are
D: Notification must be received within 30 days of the
original order being placed, but does not include hosting or ecommerce
E: For changes to your account being method of payment or to
F: Non-payment on renewals
G: All NSF checks
will not be redeposited. Another method of payment will have to be used. A
cashier cheque, ,money order, or credit card can be used. The web site will be
on hold until payment is received.
1) Kwiksites provides customer with
written notice of the specific reasons for its belief in this regard,
By Kwiksites, immediately upon giving written notice to customer, in
the Event that:
1) Any bank draft or check delivered by customer to
Kwiksites in payment for products is returned unpaid and customer fails to
remedy such nonpayment within five (5) business days. A $50.00 fee will be
charged to customer for
2) Customer becomes more than
thirty (30) days in arrears in payment of its account with Kwiksites;
There are instituted bankruptcy or insolvency proceedings against customer,
which are not vacated within thirty (30) days from the date of filing;
Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise
admits insolvency; or
5) Customer makes an assignment of all or part of
its assets for the benefit of creditors.
E: By Kwiksites immediately, if
Customer attempts to assign all or any part of this Agreement without
Kwiksites's prior written approval;
F: By Kwiksites immediately, if
customer fails to inform Kwiksites in writing immediately on the happening of
any event specified in this section;
G: By customer, immediately upon
giving written notice to Kwiksites, if
1) There are instituted bankruptcy
or insolvency proceedings against Kwiksites, which are not vacated within thirty
(30) days from the date of filing;
2) Kwiksites institutes voluntary
bankruptcy or insolvency proceedings, or otherwise admits insolvency;
Kwiksites makes an assignment of all or part of its assets for the benefit of
The provisions of paragraph survive any termination of this
Customer 's rights and obligations
under this agreement may not be transferred or assigned directly or indirectly
without the prior written consent of Kwiksites which consent shall not be
If any provision
of this agreement is held to be invalid by a court of competent jurisdiction,
then the remaining provisions shall nevertheless remain in full force and
effect. Kwiksites and customer agree to renegotiate in good faith any term held
invalid and to be bound by mutually agreed substitute
APPLICABLE LAW, JURISDICTIONAL MATTERS
agreement takes place when accepted by Kwiksites in Calgary, It is to be
governed by and constructed under the laws of the Province of Alberta and
Canada. The Provincial Courts of the Province of Alberta shall have exclusive
jurisdiction to adjudicate any non-arbitral dispute arising out of this
agreement. Customer hereby expressly consents to 1)the jurisdiction of the
courts of Alberta and 2)service of process being effective on it by mail sent to
the address set forth at the beginning of this document, as may be changed from
time to time by written notice actually received by
All notices may be sent by
e-mail, fax, or express mail to the email address, fax number, or address most
recently provided and will be effective upon transmission shall be
ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets
forth the entire agreement and understanding between the parties and merges all
prior discussion between them.