This is a contract between you
("you" or "your") and SDC Network Consulting Inc. It states
the terms and conditions which apply to your purchase and use, in any manner,
of the SDC Network Consulting Inc. web hosting, Email and domain services
(collectively, the "Services").
BY USING THE SERVICES, YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION
AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME)
INCORPORATED BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE
SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER
END USER OF THE SERVICES (COLLECTIVELY, THE "END-USERS"). YOU AGREE
TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONSOF THIS
AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES
AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE
HERETO.
SDC Network Consulting Inc. reserves
the right to change or modify this Agreement, and any policy or guideline
incorporated by reference at any time and from time to time in its sole
discretion, and to determine whether and when any such changes apply to
customers. Any changes or modification will be posted by SDC Network Consulting
Inc., and become effective upon posting of the revisions on the Site. SDC
Network Consulting Inc. will post a notice of such changes or modifications on
the Site for thirty (30)days. You are responsible for
regularly reviewing the Site to obtain timely notice of such changes or
modifications. Your continued use of the Services following SDC Network
Consulting Inc. posting of any changes or modifications will constitute your
acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS
OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICESAND IMMEDIATELY PROVIDE
NOTICE OF TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH SECTION 1.1 BELOW.
1. Term and Payment for Services
1.1 Term and Termination. The Services
are provided on a fixed term basis and shall be provided, unless SDC Network
Consulting Inc. receives additional payment from you, until the last day of the
fixed term ("Termination Date"). Either party may at any time
terminate this Agreement, prior to the Termination Date, provided that SDC
Network Consulting Inc. will provide the Services until the Termination Date.
Subject to 1.2 below, no credits shall be provided to you for the value of the
Services between the date that you notify SDC Network
Consulting Inc. that you no longer wish to receive the Services and the
Termination Date.
Notice of
Termination. You
must provide SDC Network Consulting Inc. with notice of termination in writing byEmail (from the email account specified by you when first
ordering the Services). Any notice of termination will be effective thirty (30)
days following SDC Network Consulting Inc.'s receipt thereof.
1.2 Thirty-Day Refund Policy. If you
terminate this Agreement within thirty (30) days of agreeing to be bound
hereto, you shall receive a refund for all amounts paid by you to SDC Network
Consulting Inc. for the Services, excluding any amounts paid for Non-Refundable
Amounts, as defined below. "Non-Refundable Amounts" include set-up
fees, Domain registrations, Miva Merchant license key
fees, additional bandwidth charges and additional storage charges.
1.3 Liability and Obligations on
Termination. Should the Agreement expire or be terminated for any reason, SDC
Network Consulting Inc. will not be liable to you because of such expiration or
termination for compensation, reimbursement or damages on account of the loss
of profits or sales (anticipated or actual), goodwill or on account of
expenditures, investments, leases or commitments in connection with your
business, or for any other reason whatsoever flowing from such termination or
expiration. Any termination of this Agreement shall not relieve you of any
obligations to pay fees and costs accrued prior to the termination date. SDC
Network Consulting Inc. shall not be obligated to notify any third party of the
termination of your account or provide any termination assistance. Without limiting
the generality of the foregoing, SDC Network Consulting Inc. shall have no
obligation to forward any email messages, data, information or other content
related to your use of the Services, and you acknowledge that all such email
messages, data, information and content may be immediately deleted by SDC
Network Consulting Inc..
1.4 Charges. You agree to pay all fees
and charges (and applicable taxes) incurred which relate to your use of the
Services, in accordance with the rates, terms and conditions established from
time to time by SDC Network Consulting Inc.. Such rates, terms and conditions
will be posted on the Site or otherwise made available to you by SDC Network
Consulting Inc.. SDC Network Consulting Inc. shall
begin charging you on the date that you subscribe for the Services, unless
otherwise specified by SDC Network Consulting Inc..
All prices on the Site are net of tax and you shall be responsible for the
payment of all federal, provincial, and local sales, use, value added, excise,
duty and any other taxes assessed with respect to the Services, other than
taxes based on SDC Network Consulting Inc.'s net income.
1.5 Payment. All charges for the
Services must be paid in advance according to the then current price applicable
to the Services. When ordering the Services through the sign-up server at the
Site, you must elect to pay for the Services by credit card. SDC Network
Consulting Inc. reserves the right to modify the forms of payment it will
accept, at any time, in its sole discretion.
1.6 Credit Card Payment. When you pay
for the Services by credit card, you expressly authorize SDC Network Consulting
Inc. or its agents to charge all fees and charges incurred by you under this
Agreement to such credit card, and such authorization will survive termination
of this Agreement until there are no charges owing by you under this Agreement.
If you use a credit card and SDC Network Consulting Inc. does not receive
payment from the card issuer, you agree to pay all amounts due, upon demand by SDC
Network Consulting Inc.. You must notify SDC Network
Consulting Inc. of any changes to your credit card account (including, without
limitation, applicable account number or cancellation or expiration of the
account), your billing address, or any information that may prohibit SDC
Network Consulting Inc. from charging your account.
1.7 Failure to Pay. If you fail to pay
any fees and taxes within ten (10) days from applicable due date for credit
card payments, late charges of the lesser of one and one-half per cent(1.5%)
per month (i.e. 18% per annum) or the maximum amount allowable under applicable
law shall also become payable by you to SDC Network Consulting Inc.. In
addition, your failure to fully pay any fees and taxes within ten (10) days
after the applicable due date will be deemed a material breach of this
Agreement, justifying SDC Network Consulting Inc.'s immediate suspension of its
performance of the Services and/or termination of this Agreement. You are
responsible for any fees associated with reinstating the Services. Any such
termination would not relieve you from paying past due fees plus interest. In
the event of collection enforcement, you will be liable for any costs
associated with such collection, including, without limitation, legal fees,
court costs and collection agency fees.
2. Use of Services
2.1 Responsibility for Use. You are
responsible for use of the Services and the maintenance of all passwords
related to the Services. You are solely responsible and liable for any and all
activities that occur in respect of your use of the Services, including without
limitation all activities of any users authorized by you or using your
passwords. You are also responsible for maintaining the confidentiality of all
passwords related to your use of the Services. You agree to immediately notify SDC
Network Consulting Inc. of any unauthorized use of the Services or your
passwords or of any other breach of security and to provide assistance to SDC
Network Consulting Inc., as requested, to stop, prevent or remedy any breach of
security.
2.2 Applicable Policies and
Agreements.
The SDC Network Consulting Inc.
Acceptable Use Policy (appended to the end of this document) governs the
general policies and procedures for use of the Services. This policy may be
updated or amended from time-to-time.
2.3 Material and Product Requirements.
You must ensure that all material and data placed on SDC Network Consulting
Inc.'s equipment is in a condition that is "server-ready," which is
in a form requiring no additional manipulation by SDC Network Consulting Inc.. SDC Network Consulting Inc. will make no effort to
validate any of this information for content, correctness or usability. In the
event that your material is not "server-ready", SDC Network
Consulting Inc. has the option at any time to reject this material. SDC Network
Consulting Inc. will notify you of its refusal of the material and afford you
the opportunity to amend or modify the material to satisfy the needs and/or
requirements of SDC Network Consulting Inc.. Use of
the Services requires a certain level of knowledge in the use of Internet
languages, protocols and software. This level of knowledge varies depending on
the anticipated use and desired content of your web site. You must have the
necessary knowledge to create and maintain a web site. It is not SDC Network
Consulting Inc.'s responsibility to provide this knowledge or customer support.
2.4 Bandwidth, Storage, and Email Use.
You agree that use of the Services hereunder will not exceed the bandwidth,
storage and Email usage limits set out in the Site for the Services ordered by
you. If you use any bandwidth or storage space in excess of the agreed upon
number of megabytes per month or if you exceed Email storage and attachment
size limitations, SDC Network Consulting Inc. may, in its sole discretion,
assess you with additional charges according to SDC Network Consulting Inc.'s
then current pricing policy, suspend the performance of the Services, or
terminate this Agreement. In the event that SDC Network Consulting Inc. elects
to take any corrective action, you will not be entitled to a refund of any
unused pre-paid fees. Warning messages will be emailed to you as you exceed 80%
and 90% of your package's respective bandwidth and disk space limits. If
payment for extra usage is not received within two weeks of the invoice date,
the expiry date of the account will be adjusted according to the amount
outstanding.
2.5 Domain Names. As part of the
Services, you will provide SDC Network Consulting Inc. with a registered domain
name or names or SDC Network Consulting Inc. will register such domain name(s)
selected by you, provided that such domain name is available for registration
and does not violate any registrar's policies, or any law or regulation. You
agree to promptly reimburse SDC Network Consulting Inc. for any fees paid by SDC
Network Consulting Inc. to any registrar with respect to the registration and
maintenance of such domain name(s). In the event of any dispute or cause of
action arising out of or related to your domain name used in connection with the
Services, upon your request SDC Network Consulting Inc. will attempt to
register with the registrar an alternative domain name chosen by you. You agree
to be bound by the terms the registrar's then current domain name policy and/or
the policies of the national DNS registration authorities to which you become
subject upon registration of a domain name. The inability to use a domain name
shall not entitle you to a refund by SDC Network Consulting Inc. of any fees
paid with respect to the registration of such unusable domain name. There is no
charge for indefinite parking of domains on SDC Network Consulting Inc. servers
or to transfer to another service provider. However, in the event a domain that
was registered by SDC Network Consulting Inc. is transferred to another service
provider, and requires manual intervention by SDC Network Consulting Inc.
support staff to complete the transfer, there will be an administrative
transfer cost charged for each domain plus applicable taxes. Domain Parking
does NOT include any hosting services. You may not submit your own DNS entries
because SDC Network Consulting Inc. is NOT a Registrar and hosting services for
domain names residing on the SDC Network Consulting Inc. system must be
provided by SDC Network Consulting Inc.. Domain name
payments are non-refundable. Once a domain name is registered, the WHOIS
database stores the information and is kept there for a period of one year,
until the date of renewal. Payment with respect to domain names will NOT be
refunded or credited to your credit card. You are responsible for spelling a
domain name correctly while registering it online. SDC Network Consulting Inc.
will not provide refunds or credits for misspelled domain names.
2.6 Miscellaneous Components. You
acknowledge that the Services do not include, without limitation, content
design, development, FTP master maintenance, uploading and publishing, Common
Gateway Interface scripts and other such executables and that all of the
foregoing are your responsibility. You may not compile or install binary files
other than the ones provided by SDC Network Consulting Inc..
SDC Network Consulting Inc. does not make C compilers available and the PERL binaries
provided will not have networking support (for example, socket ph, ftp.pl,
etc.) You may use ftp to access your home directory for the purpose of
installing and editing your web pages.
3. Intellectual Property Rights
3.1 SDC Network Consulting Inc.
Property. You hereby acknowledge and agree that all programs (in object code
and source code form), data, services, processes, designs, technologies,
materials and all other things comprising the Services are owned by and shall
remain the sole property of SDC Network Consulting Inc., its licensors or its
suppliers and are protected by applicable copyrights, trade-marks, patents,
trade secrets and/or other proprietary rights and laws. SDC Network Consulting
Inc. shall also maintain and control ownership of all Internet protocol
("IP") numbers and email addresses that may be assigned to you by SDC
Network Consulting Inc.. SDC Network Consulting Inc.
reserves, in its sole discretion, the right to change or remove any and all
such IP numbers and email addresses at any time.
3.2 Your Content. SDC Network
Consulting Inc. does not claim ownership of information, materials, software or
other content (collectively, the "Content") that you post, upload,
input, provide, submit or otherwise transmit to SDC Network Consulting Inc. or
any third party, using the Services. However, you agree that by posting,
uploading, inputting, providing, submitting or otherwise transmitting the
Content to SDC Network Consulting Inc. or any third party, using the Services,
you have thereby granted SDC Network Consulting Inc. a royalty-free,
non-exclusive license to use, copy, distribute, transmit, display, edit,
delete, publish and translate such content to the extent reasonably required by
SDC Network Consulting Inc. for the purposes of rendering and operating the
Services to you under this Agreement or to ensure adherence to or enforce the
terms of this Agreement You expressly (a) grant to SDC Network Consulting Inc.
a license to cache the Content, and (b) agree that such caching is not an
infringement of any of your rights or any third party's rights.
4. Enforcement
4.1 Investigation of Violations. SDC
Network Consulting Inc. may investigate any reported violation of this
Agreement, its policies and guidelines or any complaints and take any action
that it deems appropriate and reasonable under the circumstance to protect its
interests, including without limitation, its systems, servers, facilities,
customers and/or third parties. SDC Network Consulting Inc. will not access or
review the contents of any Email or similar stored electronic communications
except as required or permitted by applicable law or legal process.
4.2 Actions. SDC Network Consulting
Inc. reserves the right in its sole and absolute discretion to restrict or
remove from its servers any content that it deems to be in violation of this
Agreement, its policies or guidelines, third-party intellectual property rights
or any laws. SDC Network Consulting Inc. may immediately take action,
including, but not limited to, (a) issuing warnings, (b) suspending or
terminating the Services, (c) restricting or prohibiting any and all uses of
content hosted on SDC Network Consulting Inc. 's systems, and/or (d) disabling
or removing: (i) any hypertext links to third-party
web sites, (ii) any of your content distributed or made available for
distribution via the Services, or (iii) other content not supplied by SDC
Network Consulting Inc.. It is SDC Network Consulting Inc.'s policy to
terminate Services to infringers. The above stated rights of action, however,
do not obligate SDC Network Consulting Inc. to monitor or exert editorial
control over the information made available for distribution via the Services
and you acknowledge that SDC Network Consulting Inc. has no obligation to censor
or monitor use of the Services by you, or any obligation to censor or monitor
any content, material or other information sent, received or accessible through
the Services. In the event SDC Network Consulting Inc. takes action due to such
possible violation, SDC Network Consulting Inc. shall not be obligated to
refund to you any fees paid in advance of such action.
4.3 Disclosure Rights. To comply with
applicable laws and lawful governmental requests, to protect SDC Network
Consulting Inc. 's systems and customers, or to ensure the integrity and
operation of SDC Network Consulting Inc.'s business and systems, SDC Network
Consulting Inc. may access and disclose any information it considers necessary
or appropriate, including, without limitation, user profile information (i.e.,
name, Email address, etc.), IP address and traffic information, usage history,
and content residing on SDC Network Consulting Inc. 's servers and systems. SDC
Network Consulting Inc. also reserves the right to report any activity that it
suspects violates any law or regulation to appropriate law enforcement
officials, regulators, or other appropriate third parties. To the extent any
inconsistency exists between any terms of SDC Network Consulting Inc. 's
Privacy Policy and SDC Network Consulting Inc. 's right to disclose under this
section, SDC Network Consulting Inc. 's right to disclose under this section
will prevail.
5. Warranties and Disclaimers
5.1 Your Warranties and
Representations to SDC Network Consulting Inc.. You
warrant, represent, and covenant to SDC Network Consulting Inc. that (a) you
are at least eighteen (18) years of age; (b) you possess the legal right and
ability to enter into this Agreement; (c) you will use the Services only for
lawful purposes and in accordance with this Agreement and all applicable
policies and guidelines; (d) you will be financially responsible for use of the
Services; (e) you have acquired or will acquire all authorization(s) necessary
for hypertext links to third-party web sites; (f) you have verified or will
verify the accuracy of materials distributed or made available for distribution
via the Services, including, without limitation, your Content, descriptive
claims, warranties, guarantees, nature of business, and address where business
is conducted, and (g) your Content does not and will not infringe or violate
any right of any third party (including any intellectual property rights) or
violate any applicable law, regulation or ordinance.
5.2 Warranty and Disclaimer. THE
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SDC
Network Consulting Inc. DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. Although SDC Network Consulting Inc. will use
commercially reasonable measures to maintain the security of the Services, SDC
Network Consulting Inc. assumes no responsibility for the effectiveness of
these security measures provided by SDC Network Consulting Inc..
6. Exclusion and Limitation of
Liability
6.1 Exclusion of Liability.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL SDC
Network Consulting Inc., ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND
DISTRIBUTORS (COLLECTIVELY, THE " SDC Network Consulting Inc.
ENTITIES" AND EACH, A " SDC Network Consulting Inc. ENTITY") BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR
DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE
SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE SDC
Network Consulting Inc. ENTITIES HAVE BEENADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM
OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS,
NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY
INFORMATION, MATERIAL OR DATA OVER OR THROUGH SDC Network Consulting Inc.'s
SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.
6.2 Limitation of Liability.
CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE
OR MORE OF THE SDC Network Consulting Inc. ENTITIES. IN SUCH INSTANCE, THE
AGGREGATE LIABILITYOF THE SDC Network Consulting Inc. ENTITIES FOR DAMAGES IS
LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO SDC Network Consulting
Inc. BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING
THE DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF ONE HUNDRED (US$100.00)
US DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR
THE SERVICES SET BY SDC Network Consulting Inc. HEREUNDER HAVE BEEN AND WILL
CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY
RELEASE THE SDC Network Consulting Inc. ENTITIES FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.
6.3 Interruption of Service. You
hereby acknowledge and agree that SDC Network Consulting Inc. and its suppliers
will NOT be liable for any delay, outages or interruptions of the Services.
Further, SDC Network Consulting Inc. shall not be liable for any delay or
failure to perform its obligations under this Agreement, where such delay or
failure results from any act of God or other cause beyond its reasonable
control (including, without limitation, any mechanical, electrical electronic,
communications or third-party supplier failure).
7. Indemnification
7.1 Indemnity to SDC Network
Consulting Inc.. You hereby release and hold harmless,
and agree to indemnify, the SDC Network Consulting Inc. Entities against any
and all claims, actions, proceedings, suits, liabilities, damages, settlements,
penalties, fines, costs or expenses (including, without limitation, reasonable
attorneys' fees and other litigation expenses) incurred by the SDC Network
Consulting Inc. Entities, arising out of or relating to (a) your violation or
breach of any term, condition, representation or warranty of this Agreement, or
any applicable policy or guideline; (b) your use the Services; or (c) your
violation, alleged violation, or misappropriation of any intellectual property
right (including, without limitation, trademark, copyright, patent, trade
secrets) or non-proprietary right of a third party (including, without
limitation, defamation, libel, violation of privacy or publicity).
7.2 Third Party Beneficiaries. You are
hereby notified that the SDC Network Consulting Inc. Entities are intended
third-party beneficiaries of this Agreement, with a right of enforcement of the
exclusions and limitations of liability and the indemnities contained in this
Agreement.
8. General Provisions
8.1 Entire Agreement. This Agreement,
including any domain registration agreements, documents, web sites, rules,
terms, policies and guidelines referenced herein, constitutes the entire
agreement between SDC Network Consulting Inc. and you with respect to the
matters referred to in this Agreement and supersedes all prior and
contemporaneous agreements and understandings, whether electronic, oral or
written, between SDC Network Consulting Inc. and you with respect to such
matters.
8.2 No Waiver. The failure of SDC
Network Consulting Inc. to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between you and SDC Network Consulting
Inc. nor trade practice shall act to modify any provision of this Agreement.
8.3 Severability. In the event that
any portion of this Agreement is held to be invalid or unenforceable, the
invalid or unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intention of you
and SDC Network Consulting Inc., and the remainder of this Agreement shall
remain in full force and effect.
8.4 Choice of Laws. This Agreement
shall be governed by and construed in accordance with the laws of the Province
of Ontario without reference to rules governing choice of laws and the federal
laws of Canada applicable therein. You hereby irrevocably consent to the
exclusive jurisdiction of the courts of the Province of Ontario and the federal
courts situated in the Province of Ontario in connection with any matter
arising under this Agreement. Use of the Services in any
jurisdiction that does not give effect to all provisions of this Agreement,
including without limitation this paragraph, is prohibited.
8.5 Successor Sites. All references to
SDC Network Consulting Inc. web site addresses in this Agreement shall also
include any successor or replacement web sites containing substantially similar
information as the referenced web site(s).
8.6 Assignment. SDC Network Consulting
Inc. may at any time assign its rights and obligations under this Agreement, in
whole or in part, without notice to you. You may not assign this Agreement.
8.7 Inurement.
This Agreement will ensure to the benefit of and bind you and SDC Network
Consulting Inc. and its respective personal and legal representatives, successors
and permitted assigns.
8.8 Currency. All monetary amounts
expressed in this Agreement are in US dollars, unless otherwise expressly
stated.
8.9 Cumulative Rights. The rights,
powers and remedies of SDC Network Consulting Inc. in this Agreement, including
without limitation the right to suspend, restrict or terminate Services, are
cumulative and in addition to and not in substitution for any right, power or
remedy that may be available to SDC Network Consulting Inc. at law or in
equity.
8.10 Survival. Any provisions,
including without limitation the disclaimers of warranty and limitations and
exclusions of liability contained herein, that by their meaning are intended to
survive termination of this Agreement shall survive the termination of this
Agreement.
8.11 Independent Contractors. You
agree that no joint venture, partnership, employment or agency relationship
exists between SDC Network Consulting Inc. and you as a result of this Agreement
or use of the Services.
8.12 Headings. The section headings in
this Agreement are for convenience only and have no legal or contractual
effect.
8.13 Notices. Any notices or other
communications sent by SDC Network Consulting Inc. to you shall be deemed to
have been duly given and delivered to you when delivered by email to the
account specified by you when first ordering the Services.
Any notices or other communications
sent by you to SDC Network Consulting Inc. shall be deemed to have been duly
given and delivered to SDC Network Consulting Inc. when delivered by email.
