Hosting Terms and Conditions

Please read the terms of service carefully and make sure you understand the limits and acceptable usage of the services provided by FOD Production. FOD Production enforces its usage policies to maintain the quality of its services and to assure mutual respect between clients.

TOS applies to all FOD Production clients.

TOS applies automatically to all FOD Production clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO FOD PRODUCTION'S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web.

General

FOD Production, agrees to provide services described in the Service Order(s) signed by the parties (“Services”) to the customer subject to the following Terms of Service (TOS). Use of FOD Production services constitutes acceptance and agreement to these Terms of Service and all attachments. FOD Production will make all reasonable efforts to provide a quality service to the Customer.

Privacy

FOD Production will use the customer's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed.

Bandwidth Services

FOD Production will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the “Bandwidth Services”), as specified in the Service Order.

The Customer agrees to use bandwidth as described in the Acceptable Usage Policy.

Other Services

Upon request by the Customer, FOD Production may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of 49.95$US for those other services.

If the Customer is in default

If the Customer is in default of any of its obligations under this Agreement, then FOD Production may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to FOD Production, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, FOD Production may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to FOD Production as well as any costs (including reasonable legal fees) incurred by FOD Production in exercising any remedy under this Agreement.

Billing and termination

Invoices are sent by email, upon request a copy can be sent by mail. First Month’s Payment shown in the Service Order must be paid by the Customer to FOD Production Inc. before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of FOD Production’s invoices, which invoices will be issued 15 days before the end of the last paid period.

Payments

The Customer will pay FOD Production the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by FOD Production under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer's chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month’s Payment shown in the Service Order, which must be paid by the Customer to FOD Production before commencement of the Term, all amounts will be payable in American dollars within 15 days from the date of FOD Production’s invoices, which invoices will be issued 15 days before the end of the last paid period. Service interrupted for nonpayment is subject to a $150 reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to a penalty fees of $20US.

The Customer will pay by pre-authorized payment to a Customer credit card or PayPal of immediately available funds remitted to FOD Production.

Changes

Upon 30 days or greater written notice prior to the end of the initial commitment, FOD Production may change any fees payable under this Agreement.

Refund policy

Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product.

Payment obligation

Upon account activation, FOD Production reserves space, equipment and resources for the customer's needs. The Customer must pay its account even if he is not making any use of it.

Guaranteed satisfaction

The Customer has 30 days following the account's activation date to resiliate his subscription with complete reimbursement of the monthly fees paid. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Guaranteed network availability

FOD Production will provide 100% transit to the Internet to all the customers who have purchased said service from FOD Production. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Other warranties

FOD Production warrants that the Service(s) shall be provided in a workmanlike and professional manner. Upon FOD Production's breach of the foregoing warranty or any of the above-referenced “guarantees”, the Customer's sole and exclusive remedy shall be to require FOD Production to exercise commercially reasonable efforts to repair or replace the nonconforming Service(s); provided, however, that, with respect to any Service(s) which are interrupted or rendered inoperable due solely to FOD Production's breach of the foregoing warranties or the above guarantees, for any time period, the Customer shall also be entitled to a pro-rata refund of any Fees attributable to the interrupted or inoperable Service(s) in an amount determined by 1 day of refund for each 60 minutes interruption. Refunded amount on account of failures in any one month should not at any time exceed the monthly fee paid by the customer for that month.

FOD Production will not be liable to any extent whatsoever for interruption, restriction, inoperability or malfunction of any Service(s) which is not caused solely by a breach of the warranties set forth in this Section. FOD Production expressly reserves the right to suspend, interfere with, impair or terminate Service(s) as necessary for purposes of maintenance, upgrades or repair (either by FOD Production or by any supplier, partner or independent contractor of FOD Production.) or in the event of any circumstance which FOD Production, in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of any Service(s) or any plant, services or facilities of any Indemnities or of any third party, and neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement.

EXCEPT AS SET FORTH IN THIS SECTION AND THE ABOVE GUARANTEES FOD PRODUCTION. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED.

Limitation of Liability

THE CUSTOMER ACKNOWLEDGES THAT FOD PRODUCTION PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. FOD PRODUCTION WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF FOD PRODUCTION’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO FOD PRODUCTION UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL FOD PRODUCTION BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Force Majeure

Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.

Responsibility for Content

The customer is solely responsible for the content stored on and served by his servers.

Entire agreement.

This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, FOD PRODUCTION MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.

Severability and Reformation

If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

Choice of Law and Attornment

This Agreement shall be construed in all respects in accordance with the laws of the province of Quebec, Canada jurisdiction de Montréal applicable to contracts enforceable in that province. Without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the jurisdiction where the Premises are located, and all courts competent to hear appeals therefrom.

Changes and rights

FOD Production may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that FOD Production may impose from time to time, provided that the Customer has been given 30 days notice.