Terms and Conditions

Introduction

Please be sure you have read through these Terms and Conditions of our services before ordering any of our services.

We will not offer refunds for any service that is ordered once we begin the work. If you have any questions regarding our services, please contact us before you place your order.

With any order that is placed, we reserve the right to refuse service. We generally would not do this, but if it is an illegal site or if there are extenuating circumstances that prevent us from reviewing a site, we will cancel the order and reverse the transaction, there will be no cost to you or any further obligation.

By ordering our services online you agree to compensate us for our work. When we confirm the completion of our service work and deliver such to you, we are under no obligation to provide continued service, modifications, or recommendations.

All services are provided in English only.

Also see our disclaimer.

Definitions & Overview

This is a binding agreement between TRESSEO (“Company”), a Canadian company based in Ottawa, Ontario, and its customer (“Client”) and sets forth the terms and conditions (“Terms”) under which the Company agrees to provide services (“Services”). Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties unless specifically stated.

Clients indicate any natural person or legal entity using Services from the Company and and do not qualify as Consumers.

Eligibility

Clients must be at least 18 years of age with their own credit or debit card to pay for services.
Clients who are not located in a country that is subject to a U.S. or Canadian Government embargo.

Scope of Services

The purchased service shall be performed or made available within the timeframe specified during the order or as communicated before the order submission. Unless otherwise stated, Services from Company is delivered via download or email. Clients acknowledge and accept that the ability to download the purchased Service may be limited in time and space.

Subscriptions allow clients to receive a Service continuously or regularly over time. To maintain subscriptions, clients must pay the required recurring fee promptly. Failure to do so may cause service interruptions.

Prices, descriptions or availability of Services are outlined in the respective sections of Services from the primary website domain name of Company and are subject to change without notice.

While Services from Company are presented with the greatest accuracy technically possible, representation of Services from Company through any means (including, as the case may be, graphic material, images, colours, and sounds) is for reference only and implies no warranty as to the characteristics of the purchased Service. Clients do not acquire any rights to use the purchased Service until the total payment is received by the Company.

Web Audit Service

This is not a legal compliance or standards conformance test. We cannot and do not guarantee accessibility standards conformance, or legislation compliance. We work to continually understand compliance requirements and recommendations of WCAG AA, ADA, and more, however, we cannot guarantee them due to evolving operational factors and website updates, and possible changes to legislation mean that compliance requirements may differ based on where you operate and the client base you serve. We claim no guarantee or responsibility for your business to meet accessibility compliance legal obligations.

This service is a one-time service. The service may be purchased more than once.

Webmaster Subscription Services

These terms and conditions outline the provision and use of creative assets (“Creative Assets”) and premium WordPress plugins (“Plugins”) included as part of our webmaster services. Your request and use of Creative Assets and Plugins for your website constitutes acceptance of these terms and any specific license agreement or terms that may apply to individual Plugins or Assets.

We source our Creative Assets and Plugins from a variety of reputable providers, ensuring a wide selection of high-quality tools for enhancing your website.

The Service provides ongoing website maintenance, updates, and technical support for the Client’s website. The Service encompasses routine website maintenance tasks, such as content updates, security patches, plugin configuration, and other services deemed necessary by the Company. Website design, development, major redesign, minor development such as adding a website page, and any custom feature development are not included in the Service scope, unless specified otherwise. New features or significant modifications requested by the Client may be subject to additional charges and will be mutually agreed upon before implementation.

We have legally obtained the rights to use all Creative Assets and Plugins and to share them with our clients. We are committed to full compliance with the licensing terms of all our sources. Although we may not disclose the origins of each Creative Asset or Plugin due to our extensive collection, we take full responsibility for their lawful use under the applicable licenses. Our clients need not worry about liability in the event of a licensing dispute. We take full responsibility for ensuring that all permissions and rights are secured for the use and implementation of Creative Assets and Plugins as part of our services.

To maintain security, functionality, and current features, we can provide ongoing updates for all the Plugins included in our service offering.

To ensure the highest performance and security of your website(s), we will provide updates to the plugins once they have been tested and deemed stable. Our process includes a short period of evaluation to verify the compatibility and integrity of the plugin update. As such, we cannot always guarantee immediate application of newly released updates and are not liable for any issues resulting from updated or non-updated plugins beyond our control. Clients acknowledge that there may be a delay between an update’s release by the plugin developer and its deployment on website(s).

Clients must request Creative Assets and Plugins by email, stating the specific website. Installation and configuration time for the requested Creative Assets and Plugins will be accounted for within the allotted monthly time of your service package.

The Creative Assets are licensed under terms provided by their respective sources, and these terms continue even if the Client concludes relationship with the Company. Plugins are provided under a variety of licenses, with usage governed by each specific license’s terms, which may include GPL, multisite, or other proprietary licenses.

Access to updates and the continuous use of the plugins are contingent upon maintaining an active and current service agreement with our webmaster service. Termination or lapse of your service agreement will result in the discontinuation of access to plugin updates.

Redistribution, resale, lease, license, sub-license, or offering these plugins to any third party is strictly prohibited. You are not permitted to modify, reverse engineer, or tamper with the plugins in any way that would infringe upon the intellectual property rights of the plugin developers.

The right to request new Creative Assets and Plugins ends with the termination of a client’s subscription to our webmaster services. Previously installed Creative Assets and Plugins continue to be licensed according to the terms at the time of installation.

We disclaim liability for claims related to the content, quality, or function of the provided Creative Assets and Plugins. The client is responsible for using all Creative Assets and Plugins in a lawful and proper manner on their website.

The subscription fee, billing cycle (monthly, annual, etc.), and payment details will be determined at the time of subscription. Paid subscriptions begin on the day the payment is received by the Company. The Client’s subscription will be automatically renewed at the end of each billing cycle unless cancelled or modified by the Client or Company.

The Client must provide correct and up-to-date website connection information such as WordPress administrative login details, a required provision of the Service.

The Client agrees to promptly respond to any inquiries or requests for information necessary to fulfill the Service. The Client acknowledges that they have the necessary rights, licenses, and permissions for any materials provided to the Company. The Client retains all intellectual property rights to their website content and materials. The Company retains all intellectual property rights to any templates, themes, plugins, or other software used during the provision of the Service.

The Client grants the Company access, use, and modify their website content solely for the purpose of providing the Service.

Any unused usage specifications (e.g. hours of assistance) will not roll over to the next month. Customers are responsible for using all such specifications available each month. Unused specifications will not be refunded or credited to the next month. Unused usage specifications also cannot be transferred to other accounts.

The backups performed by the Company will capture data as it exists at the time of each backup run and will not be modified or altered by us post-capture.

Backups are retained in accordance with the number of backup retentions specified in your webmaster package. Once the maximum number of retentions is reached, the oldest backup will be replaced by the newest backup in a rolling fashion.

We do not guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and we disclaim any liability relating thereto. Client acknowledges that there are risks inherent in internet connectivity that could result in the loss of your privacy, data, confidential information, and property.

You are responsible for informing us of any issues or concerns within a reasonable time frame.

We reserve the right to modify this policy at any time. Any changes will be effective immediately upon posting the revised policy on our website, and your continued use of the plugins will constitute acceptance of those changes.

Prepaid Web Services

The company shall provide website maintenance services to the Client in accordance with the terms of this policy. These services may include, but are not limited to, troubleshooting, diagnostics, installation and configuration, software and hardware upgrades, performance tuning, and corrective action.

Work shall be carried out in fifteen-minute blocks.

Prepaid funds are valid for eighteen (18) months from the date of purchase. After this period, the funds will expire and the customer will no longer be able to use them. Any unused funds will not be refunded or replaced, and the customer is responsible for ensuring that they use all their prepaid funds before the expiration date. Clients may not transfer unused hours to another account. Clients may request an extension of this period knowing the company has no obligation to extend the period.

Billing

Payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees.

Most payment methods such as PayPal are independently provided by third-party services. In such cases Services from Company collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

If payment through the available methods fails, the Company shall be under no obligation to fulfill the purchase order. The Client shall bear any possible costs or fees resulting from the failed or refused payment.

Clients are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on Services from Company are displayed exclusively of any applicable fees, taxes and costs, depending on the section the Client is browsing.

Company may offer discounts or provide special offers for the purchase of Services. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Services from Company website. Offers and discounts are always granted at the Company’s sole discretion. Repeated or recurring offers or discounts create no claim/title or right that clients may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or until time is available. If an offer or discount is limited by time, the time indications refer to the time zone of the Company, as indicated in the Company’s location details in this document, unless otherwise specified.

Termination

Open-ended subscriptions may be terminated at any time by sending an email to us. See Contact Information at the bottom of this agreement. We offer refunds, partial or otherwise, for any service that is ordered once we begin the work, or if a subscription has been renewed.

Dispute resolution

Clients may bring any disputes to the Company which will try to resolve them amicably. While clients’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Services from Company or the Service, clients are kindly asked to contact the Company at the contact details provided in this document.

The Client may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Company’s email address specified in this document.

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer-based in Norway, Iceland, or Liechtenstein can use such a platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.

The Company will process the complaint without undue delay and within 21 days of receiving it.

Client Conduct and Abuse

The Client agrees to interact with the Company staff in a professional and respectful manner. Any abusive, offensive, threatening, harassing, defamatory, or otherwise inappropriate conduct towards Company staff will result in a one-time warning. If such conduct continues after the warning, the Company reserves the right to immediately terminate all services and access without refund.

We prioritize the well-being of our staff and we will not tolerate abuse of any kind.

We ask that you remain considerate and collaborative to foster a positive working relationship

Intellectual Property Rights

We respect the privacy of our clients and their respective works. Company promises not to sell or disclose design, special scripting work, or any other form of Intellectual Property done by Client.

The Client also agrees that during the term of this agreement and thereafter you may come into possession of information that is the proprietary information of Company including but not limited to support documentation, marketing communications, Web applications and the content of this agreement. The Client acknowledges that all rights in title to any such intellectual property shall remain the sole property of Company and the Client has no right title or interest therein.

The Client agrees not to assist any third party or to instigate in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market, or otherwise dispose of any portion of the Company services. Any and all rights or titles to any engineering, coding, programming, design, support documentation or customer service workaround and other modifications that we provide, shall also remain the sole property of Company.

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Services from Company are the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties concerning intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Services from Company are, and remain, the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to Services from Company are held by the Company and/or its licensors.

Subject to clients’ compliance with and notwithstanding any divergent provision of these Terms, the Company merely grants clients a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Services from Company and the Service offered.

This license does not grant clients any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in our Services and any documentation are the Company’s or its licensors’ sole property.

Clients may not reproduce, duplicate, copy, sell, resell or exploit any portion of Services from Company and of its Service without the Company’s express prior written permission, granted either directly or through a legitimate reselling programme.

All rights and license grants to clients shall immediately terminate upon any termination or expiration of the Agreement.

Limitations of Liability

The Company shall not be liable for any damages or losses incurred by the Client due to our Services. The Company shall not be liable for any indirect, special, incidental, or consequential damages.

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, clients shall have no right to claim damages against the Company (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Services from Company has been appropriately and correctly used by the Client.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Company shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In any event of liability, the compensation may not exceed the total payments that have been, will be or will be received by the Company from the Client based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.

Indemnification

The Client agrees to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, contractors and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the Client or its affiliates, officers, directors, agents, co-branders, partners, contractors and employees to the extent allowed by applicable law.

The Client agrees to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, contractors and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from Client’s use of and access to the Service, including any data or content transmitted or received by Client.

Governing Law and Jurisdiction

This agreement shall be interpreted under the laws of the Province of Ontario without regard to any conflict of laws elsewhere. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be enforced and handled within the Province of Ontario. The Client and Company hereby consent to jurisdiction in that court agree to accept service by mail and hereby waive any defense of any kind related to the jurisdiction of the venue.

However, regardless of the above, if the Client qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Changes to this Agreement

The Company reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Company will appropriately inform the Client of these changes.

Such changes will only affect the relationship with the Client in the future.

The continued use of the Service will signify the Client’s acceptance of the revised Terms. If clients do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship before the Client’s acceptance. The Client can obtain any previous version from the Company.

The Company will specify the date the modified Terms will enter into force.

Privacy Policy

The Company’s Privacy Policy can be found at: https://www.tresseo.com/privacy-policy/

Miscellaneous

Contact Information

TRESSEO

343 Preston Ave

Ottawa, ON

K1S 1N4

support@tresseo.com

613-260-8237

  • All prices are Canadian
5/5 on Google
Tresseo is a Canadian Website services company in Ottawa, Canada.
All rights reserved © 2022 - 2024 TRESSEO