Online services terms and conditions
Last updated: September 16, 2024
The following document represents the agreement governing the use of the services provided by Asperitas Hosting G.P. (hereinafter referred to as “Asperitas Hosting”) to you (hereinafter referred to as the “customer”), including the company's web site located at https://asperitas.ca .
Asperitas Hosting is a General Partnership (G.P.) company registered with the Registraire des entreprises du Québec and having the Québec enterprise number (Numéro d’Entreprise du Québec or NEQ) 3376554864.
1. Terms definitions
“Asperitas Hosting G.P..”, “Asperitas Hosting” and “Asperitas”: the company providing the online services to its customers.
“Customer”: You, the online services final user.
“Online services”: Any Internet-accessible service provided by Asperitas Hosting, including the web sites, emails, domains, specialized applications (such as : “Odoo”) hosting services, online services management tools and the publicly-provided web applications (such as Asperitas Hosting's web site and the web applications related to the online services).
2. Conditions acceptance
By using our online services, you accept the present Online services terms and conditions fully. If you do not accept them, you cannot use our services.
3. Services' description
Our online services enable the customer to store and download their data, use our web applications and publish their web site and content on our servers. We strive to provide a reliable and secure service, but are unable to guarantee continuous availability or absolute protection of their data.
4. Customer's responsibility
The customer is responsible of all the content they publish on their web site via our services. It is of their responsibility to make sure that all content uploaded on our servers, whether it is publicly available or not, respects the current laws and does not violate third parties rights. We reserve the right to suspend or terminate the customer's account if their content is deemed illegal or in violation of our policies.
5. Security and confidentiality
All information and content that the customer sends us, whether it is by email or via our services, are considered confidential and we put reasonable security measures in place to protect them. However, we cannot guarantee absolute security.
The customer is responsible for protecting their credentials and the confidentialiy of their account as well as any uploaded data.
In the event that the customer notices a security issue, confirmed or not, they must notify us immediately so that we can take the necessary actions quickly.
If we notice a security issue that may affect the customer, we will notify them as soon as possible.
6. Backups
Asperitas Hosting will make recovery backups of the customer's hosting account once a day. These backups will be kept for 7 days. In case of a major issue, the most recent of these backups may be used to restore the service.
6.1 Automated backups:
For some of our web hosting services, the customer can set up their own automated backups. This feature allows backups to be made to third-party-managed servers that are outside of our infrastructure. It is of the customer's responsibility to set them up. The recovery backups made by Asperitas Hosting are reserved for internal use, in case of an issue, and are not accessible by the customer.
Our other hosting services do not, for now, offers backup features that are accessible by the customer.
6.2 Manual backups:
Our web site hosting services allows the customer to manually backup their data, in addition to the automated backups (when offered). This feature allows backups to be made to third-party-managed servers that are outside of our infrastructure.
Our other hosting services do not, for now, offers backup features that are accessible by the customer.
7. Acceptable use
The customer accepts to not use our online services in a way that would disturb or damage our infrastructure, our servers, cause issues to other customers and users of our online services or for the purpose of violating current laws. The use, hosting or distribution of malware, SPAM generation and sending tools as well as phishing and scamming tools, or any other tools that would facilitate illegal activities, is strictly forbidden.
8. Payments and billing
8.1 For all subscriptions:
A quote will be provided to the customer for any new subscription, whether it has been ordered online, by email or by phone. This one must be signed by the customer before the ordered service(s) can be set up.
Once a quote has been signed, it will become an order and the service(s) set up process will begin in the 24 hours following reception of the signed quote. This signature is considered as a commitment, of the customer, to pay the invoice in full before the due date indicated therein.
Please note that for orders made via our web site, the quote is provided and displayed to the customer as they enters their information. Sending the order (done by clicking on the "Send order" button) is considered an electronic signature of said quote.
Once an order is received, the ordered service(s) will be set up within 24 hours.
If, due to high demand or a technical issue, it is impossible to respect this delay, Asperitas Hosting will notify the customer by email, at the address specified in the order, of the delivery estimate. In this case, they will be allowed to cancel their order at no cost.
The first invoice is issued once the service(s) is made available to the customer. The customer has three (3) days to pay it. If the invoice remains unpaid after this period, the subscription is cancelled and the account, as well as the data, are deleted without any way to recover them.
In some cases, Asperitas may require that the first invoice be paid in full before the service(s) can be set up. In such cases, the payment terms will be specified in said agreement.
Please note that a subscription is considered "functional" and made available to the customer as soon as the management information and credentials are sent to them. The billing cycle will begin at this moment. It is important that the customer makes sure that the email address provided during the order is valid so that they can receive all of Asperitas' communications.
8.2 Monthly subscription:
The next month's invoice is sent one (1) week before the end of the subscription. The customer has this time to make the payment. In case of delays, they must inform Asperitas Hosting by email before the due date in order to avoid service interruption. Informing us by phone is not sufficient and they will be asked to do so by email instead, in such a case.
If the invoice remains unpaid after the due date specified on it, a reminder will be sent to the customer. If it remains unpaid after 48 hours, the service will be interrupted.
Once the service has been interrupted, the customer has two (2) weeks to make the payment. If the invoice remains unpaid after this period, the subscription will be cancelled and the account as well as its data will be deleted.
8.3 Annual subscription:
The next month's invoice is sent one (1) month before the end of the subscription. The customer has this time to make the payment. In case of delays, the customer must inform Asperitas Hosting by email before the due date in order to avoid service interruption. Informing us by phone is not sufficient and they will be asked to do so by email instead, in such a case.
If the invoice remains unpaid after the due date specified on it, a reminder will be sent to the customer. If it remains unpaid after 48 hours, the service will be interrupted.
Once the service has been interrupted, the customer has two (2) weeks to make the payment. If the invoice remains unpaid after this time, the subscription will be cancelled and the account as well as its data will be deleted.
9. Subscription cancellation
If the customer wishes to cancel their subscription, they must inform Asperitas Hosting by email before the end of the billing cycle. A request by phone is not sufficient and they will be asked to do so by email instead, in such a case.
The cancellation request will be processed within 48 hours following its receipt. The service, or services, associated with the request will be cancelled at the end of the billing cycle or before, if specified in the cancellation request. No discount will be provided upon cancellation, even if the service, or services, has been interrupted before the end of the billing cycle.
At the time the related account(s) is deleted, a full backup will be performed.
The customer can obtain a copy of this backup by making a request within one (1) month of the subscription's cancellation.
After this delay, it will be permanently deleted and it will no longer be possible to recover the account's data.
Asperitas Hosting will remind the customer of the availability of this backup and will provide it to them within 72 hours of receiving a backup retrieval request. If no request is received within the delay specified above or if the customer explicitly requests that this backup shall not be made, all of the account's data will be permanently deleted and it will no longer be possible to recover them.
10. Refunds:
All refunds requests must be sent by email. A request by phone is not sufficient and the customer will be asked to do so by email instead, in such a case.
10.1 Monthly subscription:
The customer can request a refund within seven (7) days of the service's activation. The invoice's full amount will be refunded to them via the original payment method used during the payment. No refunds will be possible after this delay.
10.2 Annual subscription:
The customer can request a refund within fourteen (14) days of the service's activation. The invoice's full amount will be refunded to them via the original payment method used during the payment. No refunds will be possible after this delay
11. Suspension and termination of service
We reserve the right to suspend or terminate a customer's service at any moment, with or without notice, if these terms and conditions are violated or for any activities deemed illegal or harmful to our other customers and users.
12. Intellectual property
The customer keeps all rights and intellectual property on the content that they publish via our services. By using our service, they grant us a non-exclusive and royalty-free license to host and broadcast said content for the purpose of providing the service.
13. Modification of the Online services terms and conditions
We reserve the right to modify these Online services terms and conditions at any time. Any modifications will be published to our web site and we will notify our customers when this happens. It is of the customer's responsibility to consult the new Online services terms and conditions in order to find out what changes have been made.
When such changes happens, if the customer doesn't agree with some of them or if they have any question, we invite them to contact us by email at legal@asperitas.ca.
14. Limitation of liability
The customer agrees not to hold us responsible for any damages, whether direct or indirect, special or consequential resulting from the use of our services.
15. Applicable laws and disputes
These terms and conditions are governed by the laws of Canada, which is the country in which our company is registered, and any dispute arising out of these terms and conditions shall be subject to the jurisdiction of the competent courts of Canada.
By using our online services, the customer accepts the terms and conditions outlined above. If they have any questions or concerns, we invite them to contact us at legal@asperitas.ca to obtain additional clarifications.