Canaponics Laboratories

Conditions of use

Terms of service

This pages establishes any and all Terms and Conditions of agreements between Canaponics.ca.com and its customers.

1. SERVICE DESCRIPTION

Canaponics.ca provides virtual dedicated server services to its customers for a fee. To receive such services a customer account must be established with Canaponics.ca and any initial or setup fees must also be paid. Canaponics.ca reserves the right to refuse service to anyone at any time for any reason.

2. SERVICE USAGE

A. Legal Parameters: This service may be used only for lawful purposes and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited. Customer agrees to indemnify and hold harmless Canaponics.ca from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage of any services by the Customer.

B. Unilateral Service Revocation: In the event that Canaponics.ca, at any time, believes that the service is being used by the Customer in contravention of the terms and provisions of this contract, the Vendor may, at its sole discretion, immediately discontinue such service to Customer without liability.

3. NO WARRANTIES

With respect to any all products and/or services provided by Canaponics.ca ("SERVICES"), the customer acknowledges and agrees that Canaponics.ca makes absolutely no warranties whatsoever express or implied, including warranty of merchantability or fitness, uptime, and operation and/or use of and SERVICES for any particular purposes. As a result, the customer agrees that Canaponics.ca shall not be liable to the customer for any claims, damages or compensations which may be suffered by the customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, changes to data, inability to access any SERVICES, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Canaponics.ca. The customer hereby agrees to indemnity and hold harmless Canaponics.ca from any and all claims of whatever nature brought by any of Customer’s customers against Canaponics.ca.

4. USE OF INFORMATION

The utilization of any data or information received by customers from the utilization of the service to be provided by Canaponics.ca is at the customer's sole and absolute risk. Canaponics.ca specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services provided to the customer.

5. SERVICE FEES AND INVOICING

Customer shall pay any initial fees set forth by Canaponics.ca prior to the commencement of service. In addition, the Customer shall be charged for an initial one (1) month period of service. In the event that Customer shall fail to pay for such services in advance of that one (1) month period, then Canaponics.ca shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, Canaponics.ca may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension may require a re-activation fee, the amount of which is set at the sole discretion of Canaponics.ca.
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6. CUSTOMER SUPPORT

Support issues must be initiated through the electronic forms located in the Technical Support Center available at Canaponics.ca website. Canaponics.ca will make a diligent effort to resolve an issue related to services provided to a customer, but does not guarantee to provide a solution for every issue raised. Canaponics.ca services are provided "as-is" under the warranty stated in paragraph three (3) of this Agreement.

7. CANCELLATIONS

All one-time setup fees, upgrade fees, monthly fees and maintenance fees are non-refundable. Any cancellation of services must be requested by using the Canaponics.ca contact page, which is accessible by all Canaponics.ca customers.

For any cancellation request, we require at least 24 hours notice prior to the actual date of cancellation. Cancellations processed as a result of violations of these Terms and Conditions or other policy violations in particular Unsolicited Commercial Email (spam) are subject to clean-up fees, termination charges or other charges at the sole discretion of Canaponics.ca. In the case of policy violations, Canaponics.ca reserves the right to terminate or suspend any accounts or services without prior notice. Canaponics.ca reserves the sole right to determine what is and what is not a policy violation.

8. PAYMENTS

New Customers. To set up a new service with Canaponics.ca, customers are required to make an initial monthly payment, along with any applicable set up fees. New accounts will not be set up until payment has been received and processed by our Accounting Department. Canaponics.ca only accepts Paypal payment.

Contract Renewals. Contracts for services provided by Canaponics.ca are automatically renewed at the renewal date unless we have been otherwise notified.

9. SCOPE OF AUTHORITY

Customer has no authority, apparent or otherwise, to contract for, or on behalf of Canaponics.ca, or in any other way legally bind Canaponics.ca in any fashion, nor shall Customer be authorized to make any representations about Canaponics.ca or its services other than to reiterate to its Customers Canaponics.ca responsibilities as outlined in this agreement.

10. CHANGES IN TERMS OF AGREEMENT

Canaponics.ca reserves the right to make changes to the above terms and conditions of this agreement. The Customer agrees to monitor Canaponics.ca website for notice of changes in this agreement on regular basis. Changes in monthly service fees shall become effective only at the end of the customers current billing period for which the customer has prepaid. Utilization of the service by the Customer and/or its customers following the effective date of such change shall constitute acceptance by Customer of such change(s) in terms.

11. DISPUTES

Venue: Should any dispute arise under the terms of this contract, the parties agree that venue for resolution of said dispute shall be Sherbrooke, Quebec, Canada.

Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, if Canaponics.ca shall be the prevailing party, Canaponics.ca shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

Account Holder Disputes: Canaponics.ca will only accept and process changes to a Customer Account, including the issue and/or re-issue of passwords, from the party that originally setup the Customer Account and can demonstrate to Canaponics.ca’ satisfaction that they are the rightful Account Holder. Canaponics.ca will not divulge or change passwords to any account without proof of identification, which is satisfactory to Canaponics.ca, which may include written authorization with signature.

In the event of any partnership break-up, divorce or other legal problems that includes a Customer Account, the Account Holder understands that Canaponics.ca will remain neutral and may put the Account on hold until the situation has been resolved by the parties involved.

Under no circumstances will Canaponics.ca be liable for any losses incurred by the Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Canaponics.ca from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

12. ENTIRE AGREEMENT AND SEVERABILITY

This instrument constitutes the entire agreement between Canaponics.ca and the Customer, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between Canaponics.ca and the Customer, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement, which it evidences, shall remain in full force and effect.