Terms And Conditions
Last Reviewed: August 27, 2022
Last Modified: August 27, 2022
This policy represents the Monolith Solutions Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Monolith Solutions customers agree to when they sign-up for any of the Monolith Solutions services or services located on subdomains. Monolith Solutions reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers. The current version of this agreement supersedes all previous versions of this agreement.
Customers using any services offered by Monolith Solutions agree to be obligated by and must comply with all policies in this Terms Of Service agreement or must otherwise opt out of and cancel their service with Monolith Solutions. Monolith Solutions retains the sole discretion to make judgment regarding any violation by any Monolith Solutions customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for Monolith Solutions maintaining one or more accounts (each "Account"), you, as the Monolith Solutions customer, agree to the following terms of service.
Definitions
"We" "Us" or "Provider" or "Monolith Solutions" - "Monolith Solutions Inc."
"You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for service or is a designate of anyone who applies for service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Monolith Solutions however, offers a 99.9% network uptime guarantee for customer satisfaction purposes. Monolith Solutions will try to maintain maximum uptime. Monolith Solutions is not responsible for any downtime caused by the client or third parties. This is valid for only the Monolith Solutions servers and our primary co-location internet connection. Monolith Solutions shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Monolith Solutions is not responsible for any downtime caused by any provider's hardware or network malfunction which is outside of Monolith Solutions capability to directly correct. Monolith Solutions clients are diverse and their websites and the function of those websites are diverse and Monolith Solutions cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
MONOLITH SOLUTIONS MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Monolith Solutions nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Monolith Solutions, even if Monolith Solutions has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL MONOLITH SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE MONLITH SOLUTIONS. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF MONOLITH SOLUTIONS. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MONOLITH SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MONOLITH SOLUTIONS MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO MONOLITH SOLUTIONS FOR THE SERVICES DURING THE PRIOR TWELVE (56) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, MONOLITH SOLUTIONS. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold Monolith Solutions and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Monolith Solutions. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Monolith Solutions. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services. Gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein and treated in all respects as an Alberta contract. The parties hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Alberta and all courts competent to hear appeals therefrom.
Services Provided By Monolith Solutions
Monolith Solutions will provide limited licenses to server resources ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Monolith Solutions members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Monolith Solutions members will use the provided services in a manner consistent with any and all applicable laws. Monolith Solutions provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Monolith Solutions reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Monolith Solutions can terminate client's account without notification or reimbursement.
Monolith Solutions Inc. provides timely website hosting support to our clients through emails and phones. By accepting your client contract agreement with Monolith Solutions Inc. you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Monolith Solutions Inc. and any employee or contractor of Monolithsolutions.com.
Monolith Solutions will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.
Client Content
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Monolith Solutions or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Monolith Solutions or any third party. Customers may not run IRC, bots or clients. Clients may not use Monolith Solutions servers for file storage unrelated to the client's website, storage Space is for active website file pages only. Monolith Solutions' shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at Monolith Solutions. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Monolith Solutions will be the sole and final arbiter as to what constitutes a violation of this policy. Monolith Solutions does not normally monitor the contents of clients servers, however if suspicion occurs, Monolith Solutions reserves the right to investigate and terminate the clients subscription to the service. You authorize Monolith Solutions to use any intellectual property created by us for the purpose of marketing our own business and services.
Unlimited Features
What do you mean by "unlimited disk space and bandwidth/data transfer"?
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with these Terms of Service including our with our excessive resource user policy (below) and our utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers beforehand, can occur without notice.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Monolith Solutions offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Monolith Solutions control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) and/or 75,000 files also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Monolith Solutions will make every reasonable effort to notify customer prior to suspension, however, Monolith Solutions may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Monolith Solutions will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel. Inodes are still limited as part of our excessive resource policy.
No "Spam"
UCE/UBE or "Spam" originating from a server located on our network or associated with a Monolith Solutions server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Monolith Solutions network but is sent from an e-mail address not associated with that Monolith Solutions account. Client shall not use their Monolith Solutions services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Monolith Solutions reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Excessive Exploits
Monolith Solutions allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or Monolithsolutions.com and associated parties reserves the right to terminate that clients' account without reimbursement.
False Information
Customer agrees not to post false or inaccurate information to newsgroups in violation of the newsgroups rules and regulations. If any newsgroups or service provider contact Monolith Solutions concerning unethical, false or unlawful activities by you, Monolith Solutions reserve the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Backup Files
Monolith Solutions provides the tools needed to create backups of account data. Monolith Solutions also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Monolith Solutions does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion. Monolith Solutions does not offer backup of virtual private servers and/or Dedicated Servers. Monolith solutions is not obligated to transfer your data to a new provider in order to maintain maximum uptime and you acknowledge that there may be downtime associated with transferring your data to another provider.
Payment Obligations For Website Hosting Services
Full payment is required in advance before hosting service is established. Monolith Solutions sends out invoices that are due every pay period. Invoices are sent in advance of the date they are due.
You warrant and represent that the information you supply in the Order Form (or other information that Monolith Solutions may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client's responsibility to ensure that payment is made to Monolith Solutions prior to the renewal date and although Monolith Solutions sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Monolith Solutions, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
Payment Obligations For Website Design Services
Payment for website design services is governed by the type of project. For newly created websites we require %50 payment up front followed by the remaining balance within 30 days of starting the project. For work done on existing websites we require full payment within 30 days of starting the work with a %50 up front deposit for projects exceeding $1000.
Payment Obligations For Digital Marketing Services
Payment for digital marketing services requires full payment for your marketing services 14 days in advance of the next campaign period. If you do not pay for the next marketing campaign period 14 days in advance of the start of that period, your campaign will be cancelled and delayed until payment is made. All digital marketing services are strictly non refundable under any circumstance.
Payment Obligations For Repair & Installation Services
All repair services require payment within 30 days of completion of the work. We require a 50% up front deposit for repair and installation services above $1000.
Payment Obligations For All Services
In agreeing to these terms and conditions you authorize Monolith Solutions to collect from you any payment that is due for services rendered using any payment method we have on file for your account including but not limited to, direct withdraw, credit card, paypal, or any other form of payment at the time payment Is due or In accordance with our payment schedules listed above.
Assurance Of Non-Defamation
At no time (i.e., indefinitely) following the signing of this agreement shall The Client make any statements online or offline, or take any other actions whatsoever, to disparage, defame, sully or compromise the goodwill, name, brand or reputation of The service Provider or any of its affiliates or commit any other action that could likely injure, hinder or interfere with The Service Provider’s business, business relationships or the Goodwill of The Service Provider or its affiliates. The Client hereby represents and warrants that, prior to the date of this agreement, The Client has not committed any of the foregoing actions described in this section.
Breach Of Contract & Chargebacks
If any chargeback is filed on the money paid in this agreement by the Client to the Service Provider, the Client will immediately be in breach of this contract and will be held liable for damages to Monolith Solutions Inc. equal to the full amount charged back plus any merchant processor fee’s assessed.
Renewals
It is the obligation of the Monolith Solutions’ customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must fill out the Monolith Solutions cancellation form 5 business days prior to their account's renewal date to ensure that the billing department can stop any renewal charges. Monolith Solutions’ clients receive email notifications 15 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer's responsibility to ensure that Monolith Solutions has a valid email address for which notices can be sent to Monolith Solutions’ clients. If Monolith Solutions does not receive a cancellation request prior to the customer's renewal, Monolith Solutions will renew the clients' account 24 hours prior to the renewal date, and will apply charges as appropriate. Accounts will be automatically renewed and billed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). In the case of insufficient funds to charge such amount, you agree to allow Monolith Solutions to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, website data, domain registration, etc. The 30-day money back guarantee applies only to the start date of the clients' service with Monolith Solutions, and does not apply to renewals of service.
Late Fees
Clients have the option to pay an invoice at any time by logging into their Monolith Solutions account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. For website hosting services accounts will be suspended immediately if there is failure to collect payment on the date the invoice is due. For all other services that require payment within 30 days, if payment is not received in full within the 30 day period clients will be charged a late fee of 5% per month of the invoice total. If Monolith Solutions deems the funds unrecoverable it may be sent to collections. Monolith solutions does not guarantee DNS retention policy on accounts suspended for overdue payment.
Currency
All prices listed are in CAD Dollars ($), for all services & server locations unless otherwise specified.
Coupon Use
Coupons are offered to customers from time to time. Use of 3rd party coupon applications which manipulate our pricing structure will not be accepted. Monolith Solutions has the right to refuse any coupon code that it believes to be invalid. Monolith Solutions will honor the lowest advertised price on our website located at https://Monolithsolutions.com/ at the time of order.
Fixed Or It's Free Guarantee (Repair Services Only)
Monolith Solutions offers a fixed or it's free guarantee only when explicitly stated to the client for on site and remote repair services. If we cannot fix your issue we will not charge you labor on the time involved. Special ordering parts or hardware is not included in this. If we have to order hardware and cannot fix the issue, the hardware must still be paid in the event that it is not returnable for a full refund. Restocking fee's may still apply. In certain scenarios Monolith Solutions may not be able to offer this guarantee. We will state clearly to our customers based on their situation whether or not we can offer this guarantee.
Client Compliance Policy
The client acknowledges and agrees to providing Monolith Solutions with any information required to complete projects, services, or work that has been requested by the client for Monolith Solutions to perform in a timely manner that allows the project to be completed by the date specified in the project details. In the event that the client becomes unreachable or unable to provide the necessary information to complete a project for 30 days or more Monolith Solutions reserves the right to terminate the project with no chance for refund or reimbursement for any deposit or payment made henceforth and no obligation to continue working on the project if they client becomes responsive at a later date.
Policy Governing Ethics
At Monolith Solutions we strongly enforce a non-toxic anti-political work environment that cultivates trust, respect, communication and accountability for both staff and clients. In the event that a client engages in conduct that is unconducive to our policy of ethics the clients account may be terminated immediately and fully without written warning. Monolith Solutions goal is your success. We expect all of our clients to be willing to work with us to the full extent allowable in order to reach this goal, provide information in a timely manner, refrain from any abusive actions towards our staff and maintain a high level of professionalism when collaborating with us on projects. If clients have any issue or complaint they must first attempt to resolve the dispute by contacting the service provider. Anything that is not resolved within the 60 day period can go through arbitration.
Cancellation & Refunds
Should you become dissatisfied with our hosting services within the first 30 days of your account activation, Monolith Solutions will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are as detailed on our Domain Registration Pricing Sheet. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Monolith Solutions hosting service within the 30-day money back guarantee.
In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP's, SSL certificates, CDN, professional services, website design, digital marketing, repair services etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.
In the event that the client becomes unreachable or unable to provide the necessary information to complete a project for 30 days or more Monolith Solutions reserves the right to terminate the project with no chance for refund or reimbursement for any deposit or payment made henceforth and no obligation to continue working on the project if they client becomes responsive at a later date.
Website files are the responsibility of the Monolith Solutions customer and should a Monolith Solutions customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the website files and any emails from the Monolith Solutions server prior to requesting that Monolith Solutions cancels their account. Once the cancellation request has been submitted to Monolith Solutions a cancellation of the website hosting service may occur any time after the request is received by Monolith Solutions and when a cancellation request is completed the client's hosting account with Monolith Solutions and their website files are permanently removed from the Monolith Solutions servers. Therefore again it is the client's obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
I agree to the above terms and conditions:
