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Website Hosting & Support Agreement This support agreement (the "Agreement”) sets out the terms and conditions under which Tomahawk Technologies Inc. (the "Suplier") agrees to provide Customer with support. Your use of the Tomahawk Technologies Inc. hosting services indicates your agreement to be bound by these terms of service. Any reference in this agreement to 'you', 'your', 'yours' is a reference to the Customer. Any reference to 'Tomahawk', 'supplier', 'we', 'us', 'our' or 'ours' is a reference to Tomahawk Technologies Inc. 1. User Conduct You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service including but not limited to the prevention of hosting of offensive, racist or discriminatory material on your web site. 2. Terms of Payment Tomahawk agrees to provide the Hosted Service, and You agree to pay Tomahawk the Price for the services received from Tomahawk in accordance with Tomahawk's standard payment terms which are payment 1 month in advance commencing on the date your site was activated. Payment may be via credit card, cash or cheque. In the event of non-payment by the due date, Tomahawk may terminate this agreement and return your content to you on CD-ROM. Tomahawk reserves the right to vary its standard prices at any time and will provide 60 days notice of any price alteration. Tomahawk will charge a $25 administration fee for any dishonoured cheque payments. 3. Backup of Web Site Content Full back-ups are made nightly. Back-ups are made for server restoration purposes only. You are also responsible for keeping a copy of your most current web site files as backup on your own computer system. If any loss of data occurs Tomahawk will use reasonable efforts to recover the data from the most recent backup archive for a seventy five dollar ($75.00) fee. 4. Uptime Guarantee Tomahawk guarantees the service will be available 99.7% of the time in any month for a "99.7% Uptime Guarantee" to any of our Customers in good financial standing. We will credit back 50% of the monthly charge where we breach this standard. Customers must request such credit within seven (7) days after Network Unavailability. This uptime guarantee does not relate to speed of page delivery, or page loading which may be affected by the customer’s internet connection speed or other factors. Uptime guarantee daily from 6am-10pm EST will be 99.9%, all other times 99.5% due to necessary maintenance and security updates. 5. Term and Termination This agreement shall enter into effect on the date of sign-up and shall be valid for an initial period of 12 months. If the Agreement is not terminated by either party, giving at least three months’ prior written notice, the Agreement is to continue for further periods of 12 months, unless written notice of termination has been given at least three months prior to the expiration of the current period. 6. Governing Law and Settlement of Disputes Province of Ontario law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. 7. Credit Card Storage If you choose to store credit card information on your website, you do so at your own risk. Tomahawk provides a simple method of breaking up credit card information between email and database storage to minimise the security risk. As the administrator for your website, you are responsible for deleting the customer’s order after processing to ensure the details are removed. Tomahawk can provide secure credit card processing at extra costs, if so required. 8. Limitation of liability Tomahawk's liability on any claim of damages arising out of this Agreement shall be limited to a sum amounting to the annual fee. Tomahawk shall in no event be liable for any exemplary incidental, special, consequential or indirect damages, including damages for loss of data, even if Tomahawk has been advised of the possibility or likelihood of such damages. 9. Subcontracting Tomahawk shall have the right to subcontract such portions of its undertaking under the Agreement, as Tomahawk deems appropriate. Tomahawk shall however remain responsible to the Customer for the performance by any such subcontractor as if performed by Tomahawk. 10. Inclusion of Website Footer text Tomahawk may include footer links on any page of any client website hosted with Tomahawk. We will ensure these footer links are styled in a non-intrusive font & style in order to avoid these links becoming prominent in the client’s website design. These links help ensure the strength of Tomahawk's online marketing programme which will be used to help increase the prominence of your website on the internet, and drive increased sales & leads for your business. Options to remove these footer links are available at additional cost, contact Tomahawk for more information. SUPPORT 1. Support Available Each Package has the following levels of support available: a) Site Unavailable: Unlimited Other than in the event of scheduled maintenance which will be notified to customers in advance, when the site is down, clients can call directly and unlimited support is offered until resolution and site access is restored. If access can't be restored immediately, then an ETA or at least an explanation must be provided within 60 minutes of the client contacting us. b) Email Support: 1 hour minimum Please refer to support.tomahawk.ca and click Log a Support Request to log your request. Alternately send your support request to support@tomahawk.ca 24 hour response time is assured. In most cases, your support request will actually be responded to within an hour, but Tomahawk will endeavour to ensure the maximum response time will never be more than 24 hours if the support request is submitted at http://support.tomahawk.ca Email support is offered to clients for basic educational inquiries or site problems. Any effort expended beyond this 1 hour of support is billable at the rate of $105/hr. This will be added to your monthly hosting/support bill. c) General Phone Support: 1 hour minimum For general support calls which do not relate to a site outage, the lesser of 2 phone based support calls or 60 minutes of support will be offered to the customer. If a site unavailable call is received and it is subsequently determined that this site is available via the public internet but not available at the customer site due to local IT issues, then this call will retrospectively be deemed to be one of the phone based support calls. For general support calls, a response time of 2 hours is assured, with an ETA on resolution provided at this time. Any prepaid support may be utilized to cover additional services if and when required. Extra support calls (outside those covered by the monthly agreement) are charged in 30 minute blocks or part thereof. Support services can be pre-purchased at a discount price. 2. Purchased Support Agreements If support time allocations are exceeded in any given month, the extra time is charged to the client at $55 per 30 mins. At the end of each month, the client will be invoiced, and this extra charge will be added to the monthly hosting & support fee.
3. Product Enhancements Product major enhancements or custom development of the products are performed on a fixed price basis. All enhancements will be estimated and quoted prior to work commencing in order to gain customer agreement to the scope of works. For small items, ad hoc works can be provided on a time and materials basis for $105/hr. 4. Service Hours Tomahawk service hours are between the hours of 9.00am – 5.00pm EST, Monday – Friday, excluding public holidays. 5. End of Month Deadlines In order to ensure work can be completed on time, it is recommended any non critical support tickets are submitted no later than 7 calendar days before the end of a month.
WARRANTY Tomahawk offer a 30 day warranty over all customizations or new software code developed as part of your website project (which is not part of any open source framework used to build your website). If during the first 30 days after these customizations are sent live to the internet on your public website, any of the customizations fail to operate in accordance with any specifications or description of the customizations provided to you by Tomahawk, then we will fix these at no charge. We therefore recommend thorough testing of these customized components during this first 30 day period after your website goes live. Any fixes provided as a result of issues identified during this 30 days will then themselves, have a further 30 day warranty over the specific fix provided (but not the whole set of customizations in question). After this time, any fixes to this functionality will be done as Support either as part of any Support offered as part of a hosting package you have taken up with Tomahawk or billed at our standard support rates of $105/hr if your monthly support allocation has already been consumed. Tomahawk will contact you prior to commencing any billable / chargeable support on your website.
Warranty periods do not apply to sites that have not been originally developed by Tomahawk. |
