Terms of Service
WEBSITE AND GENERAL SERVICES
BubbleUP Marketing Corporation (“BubbleUP”)
Terms of Service (“TOS”)
1. PAYMENT TERMS
The Client shall pay to BubbleUP the agreed upon fee as scheduled in the Payment Terms of the Agreement, without deduction or set-off, within 15 net days of the invoice date. The Client shall also pay to BubbleUP any additional charges incurred which include but are not limited to website software, ad management, plugins, or technical support requests.
- Web projects invoiced at 25% with progress billing until launch
- Digital Marketing invoiced as per monthly contract, plus setup fee
- Strategy sessions invoiced at 100% contract value upon signing
- Design/Print work invoiced at time of Client approval
- Non-quoted work invoiced hourly
- Web Hosting payable monthly (direct debit)
- Web projects include 90-days of complimentary website hosting (1) Accounts in arrears of more than 90 days are subject to suspension.
2. SUPPLY OF SERVICES
BubbleUP shall have control and discretion in respect of the timing of, availability of and frequency with which BubbleUP provides the Services to the Client in accordance with the TOS of the Agreement. BubbleUP shall act in good faith to ensure the Agreement is fulfilled on time and within the agreed upon Fee.
3. ADDITIONAL SERVICES
In the event the Client desires additional services from BubbleUP that are not listed as Services in the originating Agreement, the Client shall communicate this to BubbleUP and BubbleUP shall provide a quote for Additional Services in addition to the originating Agreement.
4. PRIVACY & INDEMNIFICATION
The information of the Client given to BubbleUP shall be used and disclosed by BubbleUP in accordance with its Privacy Terms and Conditions on our website at www.bubbleup.ca. Notwithstanding the aforementioned, the Client agrees and understands that, due to the nature of digital transactions, BubbleUP cannot provide any such guarantee, promise or covenant that the Client’s information and content shall remain secure and not be publicly disclosed, accessed, distributed or hacked into in any manner or to any degree. BubbleUP shall take all necessary steps to mitigate virtual access to Client’s information. The Client shall use BubbleUP’s services at their own risk. The Client agrees that it shall defend, indemnify, save and hold BubbleUP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BubbleUP, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold the Client, its agents, employees or assigns.
Due to some technological limitations with our choice domain registrar DomainsAtCost.ca, some domain information may be registered to BubbleUP. BubbleUP agrees that the Client will still own the domain.
5. DISCLAIMER
None of the Services provided by BubbleUP shall be construed as providing advice in respect of any legal, accounting, tax or website security matter. Although BubbleUP does provide reliable and robust website, email, and hosting services, the Client is encouraged to backup their own data
6. OWNERSHIP AND CONFIDENTIALITY
The Client acknowledges and agrees that all documentation, information, designs, and processes related to the Services of BubbleUP (the “Confidential Information”) is the sole property of BubbleUP and that BubbleUP shall retain all rights and interests in and to the Confidential Information. The Client further acknowledges and agrees that the Confidential Information constitutes valuable trade secrets of BubbleUP, and the Client shall keep the Confidential Information in strict confidence and shall not, at any time during or after the Term, disclose,
use or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
7. COMPLIANCE AND GOVERNANCE
BubbleUP and the Client shall comply with all municipal, provincial and federal laws and regulations and all international agreements and protocols. This Agreement shall be enforced in accordance with the laws of the Province of Alberta.
8. DUTY OF THE CLIENT
The Client shall cooperate with BubbleUP while BubbleUP is providing its Services and shall share such information about its business and website as BubbleUP may require in providing its Services.
9. NO LIABILITY
BubbleUP shall not be liable in contract, tort (including negligence or breach of any statutory duty owed) or otherwise in respect of any damages, loss or costs incurred by the Client in respect of any increased costs, expenses, or loss of profit or revenue incurred or suffered by the Agreement. In the event any court of competent jurisdiction finds that BubbleUP is liable in respect of any damages, loss or costs incurred by the Client, then the maximum amount of such damages, loss or costs which BubbleUP shall be liable for shall be fixed at the Fees paid by the Client to BubbleUP up to the date that the damages.
10. EVENTS OF DEFAULT
The failure of the Client to comply with a term or condition set out in this Agreement, on a one-time or habitual basis may, at the discretion of BubbleUP, be deemed an Event of Default.
11. EARLY TERMINATION
The Client may terminate this Agreement upon providing 30-days’ written notice to BubbleUP. During this notice period, BubbleUP shall continue to provide Services and any Additional Services previously requested by the Client. The Client is responsible for fees incurred through the end of the notice period, including any
work in progress. Web Hosting paid in advance of the notice period is non-refundable.
12. RENEWAL
Following the end of the initial Contract term, the Agreement shall continue on a monthly basis.
13. FORCE MAJEURE
BubbleUP shall not be required or be under any obligation to perform or complete its Services or Additional Services if an event occurs which prevents BubbleUP from performing or completing the Services or Additional Services the cause of which is beyond the reasonable control of BubbleUP, including, but without restricting the generality of the foregoing, a flood, strike, earthquake, insurrection, lockout, interruption in the world wide web, war or any act of God.
14. SEVERABILITY
In the event that any provision of this Agreement is declared, deemed, held or adjudicated to be invalid or unenforceable, the provision shall be severed from this Agreement and such invalidity or unenforceability shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full
force and effect and be construed as if this Agreement had been executed without the invalid or enforceable portion.
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties. There are no other agreements, representations, warranties, guarantees, terms, covenants, in writing or verbally.
(1) Complimentary web hosting commences upon signing of the contract. Monthly billing will commence 91 days after signing. Complimentary hosting is not transferable or negotiable, it holds no cash-value, and is subject to monthly hosting Terms of Service.
MULTI SERVICE
BubbleUP Marketing Corporation (“BubbleUP”)
Terms of Service (“TOS”)
1. PAYMENT TERMS
The Client shall pay to BubbleUP the agreed upon fee as scheduled in the Payment Terms of the Agreement, without deduction or set-off, within 15 net days of the invoice date. The Client shall also pay to BubbleUP any additional charges incurred which include but are not limited to website software, ad management, plugins, or technical support requests.
- Web projects invoiced at 25% with progress billing until launch
- Digital Marketing invoiced as per monthly contract, plus setup fee
- Strategy sessions invoiced at 100% contract value upon signing
- Design/Print work invoiced at time of Client approval
- Non-quoted work invoiced hourly
- Web Hosting payable monthly (direct debit)
- Web projects include 90-days of complimentary website hosting (1) Accounts in arrears of more than 90 days are subject to suspension.
2. SUPPLY OF SERVICES
BubbleUP shall have sole control and discretion in respect of the timing of, availability of and frequency with which BubbleUP provides the Services to the Client in accordance with the TOS of the Agreement. BubbleUP shall act in good faith to ensure the Agreement is fulfilled on time and within the agreed upon Fee.
3. ADDITIONAL SERVICES
In the event the Client desires additional services from BubbleUP that are not listed as Services in the originating Agreement, the Client shall communicate this to BubbleUP and BubbleUP shall provide a quote for Additional Services in addition to the originating Agreement.
4. HOSTING – SERVER USE
BubbleUP reserves the right to suspend or cancel hosting services to the Client in the event of non-payment or breach of the TOS. All services provided by BubbleUP may only be used for lawful purposes. Transmission, storage, or presentation of any information, data, or materials in violation of any Canadian, Provincial, or local law is strictly prohibited. This includes but is not limited to: copyrighted material, trademark, intellectual property, and material that BubbleUP determines to be threatening or obscene. Use is prohibited to promote illegal activity or which may be damaging to BubbleUP’s server. Links to such materials are also prohibited. Any activity including adult content, illegal content, links to same, spamming, cracking, or hacking will result in your website being shut down without notice. All decisions regarding allowable content shall be at the sole and absolute discretion of BubbleUP.
5. HOSTING – HIGH RESOURCES
Resources are defined as excessive disk space, utilization, and/or manipulation of BubbleUP’s servers. Use of BubbleUP’s servers and resources as a scripting test environment is strictly prohibited without express written consent and will result in immediate termination of all services under this Agreement.
6. PRIVACY
The information of the Client given to BubbleUP shall be used and disclosed by BubbleUP in accordance with the Terms and Conditions on our website at www.bubbleup.ca. Notwithstanding the aforementioned, the Client agrees and understands that, due to the nature of digital transactions, BubbleUP cannot provide any such guarantee, promise or covenant that the Client’s information and content shall remain secure and not be publicly disclosed, accessed, distributed or hacked into in any manner or to any degree. BubbleUP shall take all necessary steps to mitigate virtual access to Client’s information. The Client shall use BubbleUP’s services at their own risk. The Client agrees that it shall defend, indemnify, save and hold BubbleUP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BubbleUP, its agents, its clients, officers and employees, that may arise or
result from any service provided or performed or agreed to be performed or any product/service sold the Client, its agents, employees or assigns. Due to some technological limitations with our choice domain registrar DomainsAtCost.ca, some domain information may be registered to BubbleUP. BubbleUP agrees that the Client will still own the domain.
7. DISCLAIMER
None of the Services provided by BubbleUP shall be construed as providing advice in respect of any legal, accounting, tax or website security matter. Although BubbleUP does provide reliable and robust website, email, and hosting services, the Client is encouraged to backup their own data.
8. OWNERSHIP AND CONFIDENTIALITY
The Client acknowledges and agrees that all documentation, information, designs, and processes related to the Services of BubbleUP (the “Confidential Information”) is the sole property of BubbleUP and that BubbleUP shall retain all rights and interests in and to the Confidential Information. The Client further acknowledges and agrees that the Confidential Information constitutes valuable trade secrets of BubbleUP, and the Client shall keep the Confidential Information in strict confidence and shall not, at any time during or after the Term, disclose, use or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
9. COMPLIANCE AND GOVERNANCE
BubbleUP and the Client shall comply with all municipal, provincial and federal laws and regulations and all international agreements and protocols. This Agreement shall be enforced in accordance with the laws of the Province of Alberta.
10. DUTY OF THE CLIENT
The Client shall cooperate with BubbleUP while BubbleUP is providing its Services and shall share such information about its business and website as BubbleUP may require in providing its Services.
11. NO LIABILITY
BubbleUP shall not be liable in contract, tort (including negligence or breach of any statutory duty owed) or otherwise in respect of any damages, loss or costs incurred by the Client in respect of any increased costs, expenses, or loss of profit or revenue incurred or suffered by the Agreement. In the event any court of competent jurisdiction finds that BubbleUP is liable in respect of any damages, loss or costs incurred by the Client, then the maximum amount of such damages, loss or costs which BubbleUP shall be liable for shall be fixed at the Fees paid by the Client to BubbleUP up to the date that the damages.
12. EVENTS OF DEFAULT
The failure of the Client to comply with a term or condition set out in this Agreement, on a one-time or habitual basis may, at the discretion of BubbleUP, be deemed an Event of Default and result in canceled or suspended services.
13. EARLY TERMINATION
The Client may terminate this Agreement prior to the end of the Term upon providing 30-days’ written notice to BubbleUP. During this notice period, BubbleUP shall continue to provide Services and any Additional Services previously requested by the Client. The Client shall be responsible for fees incurred through the end of the notice period. Web Hosting paid in advance of the notice period is non-refundable.
14. RENEWAL
Following the end of the initial Term, the Agreement shall continue on a monthly basis.
15. FORCE MAJEURE
BubbleUP shall not be required or be under any obligation to perform or complete its Services or Additional Services if an event occurs which prevents BubbleUP from performing or completing the Services or Additional Services the cause of which is beyond the reasonable control of BubbleUP, including, but without restricting the generality of the foregoing, a flood, strike, earthquake, insurrection, lockout, interruption in the world wide web, war or any act of God.
16. SEVERABILITY
In the event that any provision of this Agreement is declared, deemed, held or adjudicated to be invalid or unenforceable, the provision shall be severed from this Agreement and such invalidity or unenforceability shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full
force and effect and be construed as if this Agreement had been executed without the invalid or enforceable portion.
17. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties. There are no other agreements, representations, warranties, guarantees, terms, covenants, in writing or verbally.
(1) Complimentary web hosting commences upon signing of the contract. Monthly billing will commence 91 days after signing. Complimentary hosting is not transferable or negotiable, it holds no cash-value, and is subject to monthly hosting Terms of Service.
WEB HOSTING SERVICES
BubbleUP Marketing Corporation (“BubbleUP”)
Terms & Conditions of Service (“TOS”)
1. PAYMENT TERMS
The Client shall pay to BubbleUP a Hosting Fee on a monthly basis without deduction or set-off. Payment will be automatic credit card withdrawal within Net 15 days of the invoice for as long as BubbleUP provides web hosting for the Client. The Client shall also pay to BubbleUP any additional charges incurred which include but are not limited to technical support requests and domain renewals.
The Client shall make monthly payments as per the Agreement. Clients are required to keep a valid credit card on file with BubbleUP. Accounts in arrears of more than 90 days are subject to suspension of their web hosting services.
2. SUPPLY OF SERVICES
BubbleUP shall provide web hosting services pursuant to this Agreement and shall automatically renew each year as long as BubbleUP is providing web hosting services. Backup of servers will be kept for 45-days.
3. ADDITIONAL SERVICES
In the event that the Client desires additional services from BubbleUP that are not listed as Services in the originating Agreement, the Client shall communicate this to BubbleUP and BubbleUP shall provide a separate Quote and Agreement for additional services. Any changes to the project scope as listed in the Agreement shall be subject to additional costs.
4. PRIVACY AND INDEMNIFICATION
Information of the Client which is given to BubbleUP shall be used and disclosed by BubbleUP in accordance with its Privacy Terms and Conditions on our website at www.bubbleup.ca. The Client agrees and understands that, due to the nature of digital transactions, BubbleUP cannot provide any such guarantee, promise or covenant that the Client ‘s information and content shall remain secure and not be publicly disclosed, accessed, distributed or hacked into in any manner or to any degree. The Client shall use BubbleUP’s services at their own risk. The Client
agrees that it shall defend, indemnify, save and hold BubbleUP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BubbleUP, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold the Client, its agents, employees or assigns.
Due to some technological limitations with our choice domain registrar DomainsAtCost.ca, some domain information may be registered to BubbleUP. BubbleUP agrees that the Client will still own the domain.
5. SERVER USE
BubbleUP reserves the right to suspend or cancel hosting services to the Client in the event of non-payment or breach of the TOS. All services provided by BubbleUP may only be used for lawful purposes. Transmission, storage, or presentation of any information, data, or materials in violation of any Canadian, Provincial, or local law is strictly prohibited. This includes but is not limited to: copyrighted material, trademark, intellectual property, and material that BubbleUP determines to be threatening or obscene. Use is prohibited to promote illegal activity or which may be damaging to BubbleUP’s server. Links to such materials are also prohibited. Any activity including adult content, illegal content, links to same, spamming, cracking, or hacking will result in your website being shut down without notice. All decisions regarding allowable content shall be at the sole and absolute discretion of BubbleUP.
6. HIGH RESOURCES
Resources are defined as excessive disk space, utilization, and/or manipulation of BubbleUP’s servers. Use of BubbleUP’s servers and resources as a scripting test environment is strictly prohibited without express written consent and will result in immediate termination of all services under this Agreement.
7. RELEASE
The Client acknowledges and agrees to release BubbleUP against any claims or demands to damages, injury, loss, death, disability, suits, debts, sums of money, indemnity, expenses, interest, costs, and claims of any and every nature. None of the Services provided by BubbleUP shall be construed as providing advice in respect of any legal, accounting, tax or website security matter. Although BubbleUP does provide reliable and robust website, email, and hosting services, the Client is encouraged to backup their own data.
8. COMPLIANCE AND GOVERNANCE
This Agreement shall be enforced in accordance with the laws of the Province of Alberta.
9. TERMINATION
Hosting may be canceled with 30-days’ written notice to BubbleUP. Hosting fees paid in advance and which extend beyond the notice period are not refundable.. Transfer of service requests will not be completed until the account is up to date on payments, including charges applied for transfer services.
10. SEVERABILITY
In the event that any provision of this Agreement is declared, deemed, held or adjudicated to be invalid or unenforceable, the provision shall be severed from this Agreement and such invalidity or unenforceability shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full
force and effect and be construed as if this Agreement had been executed without the invalid or enforceable portion.
11. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties. There are no other agreements, representations, warranties, guarantees, terms, covenants, in writing or verbally. By consenting to have BubbleUP host their website, the Client agrees to all terms and conditions herein.
General Pricing (2022)
Website Hosting (Monthly, per Website) $59.00 CAD Domain Name Registration (Annually, per Domain) $40.00 CAD Help Desk / Technical Support (Hourly) $160.00 CAD Transfer of Web Hosting (Hourly) $160.00 CAD
Fee to Reinstate Website (Following Suspension*) $29.00 CAD *Plus account balance
Prices are subject to change