Terms and Conditions

Last Revised: November 28th 2018

Welcome to Aweba’s Terms and Conditions!

The following Terms and Conditions (‘Terms’) described herein contain the general rules under which you agree to do business with Aweba when using any of our services. These Terms are completed by our Privacy Policy which explains how we will use the necessary personal information we collect from you, in order to provide you an exceptional client experience.

By using our services, you agree to both these Terms, and our Privacy Policy (hereinafter collectively the ‘Agreement’). If you are using our services for the benefit of an organization such as, but not limited to a company, corporation or association, you’re agreeing to this Agreement on behalf of said company, corporation or association, as well as you represent and warrant that you can do so.

This Agreement is necessary for both your and our protection, and to ensure full transparency on how our services work.

Aweba reserves its unilateral right to update or change the Agreement by posting the updates or changes on its website. It is your responsibility to periodically revise the Agreement for updates or changes. They become effective as of the date of posting.

We strongly encourage you to read the Agreement, as it describes, among other things, automatic subscription renewals, minimum duration of your subscription and limitations of liability.

If you do not agree with the Agreement, you unfortunately may not use our Services.

By using any of our services, you acknowledge that you have read and agreed to our Privacy Policy and our Terms. If you wish to withdraw your consent, you must cease to use our Services after having terminated your subscription appropriately.

Questions regarding the Agreement should be sent to .

01. What we do

Aweba provides an online service which offers tailored solutions for your website needs, ranging from turnkey web design and hosting to a fully operational online marketplace, enabling you to reach more clients and ultimately increase sales (‘Services’ or ‘Website’).

Our Services are mostly based on a subscription model, the price of the subscription will vary based on the package you select, and the associated options you add to said package.

02. Account Terms

2.1. Minimum age

You must be 18 years of age or older, or at least the age of majority in the jurisdiction where you reside or from which you access our Services, and possess the legal capacity, right and freedom to enter into Agreement with Aweba’s terms.

2.2. Account Ownership

The person who signs up to our services will be considered as the account owner (‘Owner’), unless said person signs up for the benefit of a corporation, organization or employer, in which case the latter shall be considered the Owner. If such is the case, said person represents and warrants having the authority to bind the corporation, organization or employer.

In case of dispute over account ownership, Aweba reserves its right to suspend the account until the ownership dispute is resolved at Aweba’s discretion, and by using the criteria it sees fit.

2.3. Communication

Aweba will use the email address you provided while signing up as the preferred method of communicating notices or important information to you.

2.4. Password and Security

2.4.1. As the Owner, you are the sole responsible for creating and managing the password which is securing your account. We strongly recommend not to share your account or account password with anyone, as Aweba cannot be liable for any loss or damage resulting from your failure to safeguard your account and account password.

2.4.2. You must immediately notify us of any unauthorized use, of your Account and password.

2.5. Entry into force

The Agreement enters into force as soon as you set up the account as described in section 3 hereafter. The Agreement enters into force notwithstanding the delivery of the Website or Service you selected.

2.6. Termination

Failure to comply with any section of the Agreement, will allow Aweba to terminate the Service, or indefinitely suspend your Website at its sole discretion.

03. Governing Laws

The Terms shall be governed and interpreted in accordance with the applicable laws of the Province of Québec and the laws of Canada.

04. Setting up your account

4.1. Creating an account

In order to use our Services, you must first create a user account (‘Account’) when signing up to one of our packages. You will be prompted to accurately provide us your full legal name, email, company name (if applicable), telephone, billing address and payment information which we will protect according to our Privacy Policy.

4.2. Designing your web page

4.2.1. After you sign up, a web designer from our team will contact you at your earliest convenience, in order to assess your needs and determine what your future Website will look like.

4.3. Content to be inserted on website

4.3.1. After having your first interview with one of our web designers, you will be asked to send us any texts, pictures, videos, and generally, any content that you wish to have displayed onto your website.

4.3.2. The content you send must comply with the technical specifications that our web designers will specify. We reserve our unilateral and discretionary right to refuse adding any such content that does not comply with the requested technical specifications, or if the amount and size of the documents you send exceed the maximum disk space attributed to your account with respect to the selected package.

4.3.3. If the amount or size of the documents exceeds such allotted data, we will ask you to select which content will be excluded from the Website.

4.3.4. Aweba cannot be liable or held accountable for any delay in the delivery of your chosen Service, caused by the delay of transmission by you of said content.

4.3.5. If you do not have specific needs or want specific media, Aweba may use generic free stock pictures to design your website.

4.3.6. If you provide any media, you represent that you own, or have (and will continue to have) the necessary consents, rights and permissions to legally use, share, display and transfer all said media. You therefore represent that the use of such media will not infringe or violate the rights of any third party, including but not limited to, any copyright, trademark, privacy, publicity or contract rights.

4.3.7. It is your responsibility to make sure you comply with the applicable copyright and trademark laws and regulations, as Aweba assumes no responsibility, and shall not verify, or have to verify, whether you have the needed authorizations to use such media.

4.3.8. Should Aweba be the object of judicial procedures regarding documents you have provided, you shall indemnify us in full from any damages Aweba might be forced to pay following the judicial procedures, as well as, but not limited to, all the extra-judiciary costs, and lawyer fees that would have been incurred by such procedures.

4.3.9. If Aweba posts media you have provided, it does not represent any acknowledgment as to the ownership of such content.

4.3.10. Aweba reserves its unilateral and discretionary right to refuse adding any content that might infringe any copyright or trademark laws, or for any other reason, such as, but not limited to, said content containing heinous or defamatory speech, or going against, among others, the rights and freedoms protected by the Quebec Charter of human rights and freedoms c-12, or any other applicable legislation protecting such rights.

05. Featuring your site and opting out

5.1. Featuring of your Site

5.1.1. Aweba may use in perpetuity, worldwide, and free of charge, any version of your Website, or any portion thereof, for the purpose of showcasing Aweba’s portfolio, marketing and promotional activities.

5.1.2. Aweba may feature your Website on future templates on its social media accounts. Such usage may result in increased traffic to your website.

5.1.3. You irrevocably wave any potential claims against Aweba relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your Website, and any right of inspection or approval of any such use of your website.

5.2. Opting out

You may, at any time, and at your sole discretion, opt out of the terms set out in subsection 5.1.1 and 5.1.2, by directly sending a written notice according to section 25 enclosed herein.

06. Packages and Fees

6.1. Aweba currently offers three different, subscription-based packages, all of which can be upgraded by adding options, such as, but not limited to, having your Website in multiple languages, or added storage space.

6.2. Adding such options will increase your monthly subscription fee accordingly.

6.3. Each package comes with a one-time setup fee, payable on the day you sign up for our Services, and, shall be again billable if you request a complete revamp, or substantial makeover of your website, which would require from us a comparable amount of work as building a new one.

6.4. A pro rated amount of the subscription will also be billed on the signup day as described in subsection 9.1.

6.5. If the setup fee is required for such complete revamp or substantial makeover, you shall be informed prior to Aweba starting said revamp.

6.6. The setup fee is non-refundable and non-transferable to any other account you might have with Aweba.

6.7. Every subscription and setup fee, is subject to the applicable taxation in the Province of Québec.

6.8. Following the initial 24-month period as described in subsection 7.1, you may transfer the hosting of your Website to another Web hosting service, upon payment of one-time, non-refundable transfer fee of 250$.

07. Minimum duration of your subscription and cancellation

7.1. 24-month minimum duration for packages

Every package is subject to a subscription with a minimum duration of 24 consecutive months (the ‘Initial Period’). This means for example, if you select the cover page package, you will pay a setup fee of 150$, plus a 30$ subscription for 24 months, totalling 870$ (plus tax) over a period of the initial 24 months.

7.2. 12-month minimum duration for options or add-ons

7.2.1. Some added options may be subject to a minimum duration of 12 consecutive months following the addition of said options.

7.2.2. When selecting a potential option, you shall be informed if said option is subject to the minimum 12 consecutive months.

7.2.3. You may add or remove options at any time, unless said option is subject to the initial minimum 12 consecutive months, as described in subsection 7.2.2.

7.3. Cancellation

7.3.1. You may cancel your subscription at any time, however, if you cancel said subscription before the Initial Period, a penalty totalizing the sum of the remaining unpaid months shall be payable either in one single payment, or if you give a written notice that you wish not to continue past the initial 24-month period, you shall be billed the normal instalments every month until expiry of such period.

7.3.2. If you wish to cancel your subscription after the initial 24-month period, you may do so at any time by giving a 30-day written notice according to section 25 enclosed herein, with no penalty.

7.3.3. The same rule applies to added options, by making the necessary adjustments.

7.3.4. Cancelling your credit card is not a valid way to cancel your subscription to our Services. Incidentally, such cancellation shall not impair Aweba from pushing the transaction onto your new credit card.

7.4. Package Upgrade

7.4.1. You may upgrade your selected package at any time.

7.4.2. Such upgrade is subject to the payment of the difference between the setup fee of your new package and the setup fee of the initial package.

7.4.3. The necessary adjustments shall be made regarding the increase of the monthly subscription fee.

08. Automatic Renewal

In order to ensure the continuation of your service, and limit any potential problems resulting from, but not limited to, downtime, after the initial 24-month period, your subscription, along with the added options, will automatically be renewed on a monthly basis, until a cancellation is requested.

09. Commencement and Payment Due Date

9.1. The first monthly subscription payment is paid on the day you sign up, regardless of the date. The amount of the payment shall be pro rated in order to keep into account the amount of time in which you would have not benefited from the Service. For example, if your monthly subscription is 40$ and you sign up on November 15th, an amount of 20$ will be withdrawn from your credit card for that first month, as well as the setup fee as described in subsection 6.3.

9.2. All subscriptions are paid through automatic credit card withdrawals made the first day of each month.

9.3. Following the initial 24-month period, you may switch to a different payment agreement, by which you would pay annually the web hosting, the domain name and the updates.

10. Privacy Policy

10.1. Aweba is fully committed to protecting, the privacy and confidentiality of all your personal information, as well as your client’s personal information.

10.2. By using Aweba’s Service, you acknowledge and agree to Aweba’s collection, usage and proper disclosure of the personal information according to our Privacy Policy.

11. Complete Agreement

This Agreement and the documents it incorporates by reference, represent the entire agreement between you and Aweba, and govern accordingly your use of the Service. The up-to-date Agreement supersedes any other or prior agreement between you and Aweba.

12. Technology update

12.1. Aweba reserves its right to update, change or replace, at any time, any software, technology add-ons or plugins it might be using to support, produce, design or provide your Service.

12.2. Aweba shall not be liable to you or any third party of any adverse effects such update, change or replacement might produce.

12.3. Should such update, change or replacement occur, Aweba is under no circumstance obligated to revert to previous versions of the software or technology it is using.

13. No moderation of content

13.1. You are solely responsible for ensuring compliance with this Agreement and the legal and regulatory provisions applicable to you. Aweba shall not moderate the content of your Site.

13.2. Aweba is therefore not subject to any general obligation to monitor the information stored on our servers, nor to any general obligation to seek facts or circumstances that reveal illegal activities.

13.3. The absence of obligation to moderate the content on your website, does not, in any way, impair Aweba’s ability to remove such content, if it goes against, among others, but not limited to, subsection 4.3.10 of the present Terms.

14. Limitation of liability

14.1. You use the Service at your own risk, which is made available to you “as is” and “if available”.

14.2. Aweba make no representation or warranty that the Service will meet your requirements, that use of the Service will be continuous, timely, error-free or that the results obtained through the Service will be accurate and reliable, that the quality of products, services, information or other materials purchased or obtained through the Service will meet your expectations, or that the usage of an E-Commerce add-on will necessarily increase your sales.

14.3. Aweba shall not be liable for any interruption of Service that may occur as a result of a power outage, or any other inconvenience resulting from a situation over which it has no control.

14.4. Aweba shall, for maintenance purposes, reserve its right to temporarily, and without notice, suspend access to the Service or certain functions of the Service. Such unavailability of the Service shall not incur any liability.

15. Maximum compensation for liability

15.1. You agree that in the event of a breach of contract by us, the only compensation payable by us for any direct or indirect damage will be limited to the reimbursement of the cost of using the Service for the current period, depending on the package chosen.

15.2. You shall not be entitled to any other compensation, including but not limited to any loss of profits, data or direct or indirect damage or any other claim of this kind, even if we have been advised of the possibility of such damage.

16. Currency of Transactions

16.1. Unless otherwise indicated, all Fees, subscriptions and any other charges are in Canadian dollars. All payments shall be made in Canadian currency.

16.2. It is your sole responsibility to verify and pay any currency conversion fees charged by your bank, or institution providing your credit card.

17. Refund Policy

17.1. Refunds will not be provided under any circumstance. You will continue to have access to your Service until the end your initial 24-month period, or, if such period has expired, until the end of the monthly billing cycle if you have given the appropriate notice respecting section 25 enclosed herein.

17.2. Aweba reserves, however, its right to provide goodwill refunds, solely at its own discretion, and only following exceptional circumstances.

18. Chargebacks

18.1. If we receive a declined payment, a chargeback or other rejection of a charge of any payable fees on your account, this will be considered as a breach of your payment obligations stated in this Agreement. Incidentally, your Aweba Services may be disabled or terminated until full payment of the fees in question, as well as, but not limited to, any fees Aweba might have had to incur to dispute the transaction for which you filed a chargeback.

18.2. If a chargeback is performed, your account may be blocked without the option to re-use it. Any data contained, including any domains, applications or third-party services, may be subject to cancellation.

18.3. If you have any concerns regarding a payment made to Aweba, we invite you to contact our customer support before filing such Chargeback.

19. E-Commerce Responsibility

19.1. Aweba Services also include features which enable you to sell goods, content, media and services through your website to your customers (‘End Users’).

19.2. You are solely responsible for your products and E-Commerce related activities, and any promotions and related Content contained or referred to in your Website, and compliance with any laws applicable thereto.

19.3. Aweba may merely provide the platform for you to manage your online E- Commerce activities. Therefore, Aweba shall not be involved in your relationship and/or any transaction with any actual or potential buyer of your products or services.

20. Acknowledgment for E-Commerce

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

20.1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the products or services you provide. And shall collect, report and remit the correct amounts to the appropriate authorities and/or inform your customers of such and provide them with a duly issued invoice as required by law;

20.2. You shall be responsible for and bear all costs of procuring and delivering your products or services, and for providing them in a safe and professional manner, consistent with industry standards;

20.3. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding your products and services, and shall provide true contact information on your Website for any questions, complaints or claims;

20.4. You may not offer or sell any products, or provide any information, Content or material regarding products which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export;

20.5. Aweba may, at any time and at its sole discretion, suspend, disable access to or remove your Website and/or any products or services – whether or not incorporated, published with or made a part of your website at such time, without any liability to you or to any End Users, including for any capacity loss resulted therefrom.

21. Third Party Services

21.1. The Services Aweba may provide to you, are integrated with various Third-party services and applications (collectively, “Third Party Services”) that may make available to you their content and products.

21.2. Third Party Services include, but are not limited to, our domain registrar, social media platforms, E-Commerce Payment Processors, stock images and email service subscriptions for sale via the Services and other integration partners and service providers.

21.3. These Third-party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. Aweba does not control Third Party Services, and shall not be liable for Third Party Services or for any transaction you may enter into with them, or for what they do.

21.4. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result.

21.5. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. Aweba does not control and aren’t liable for those sites and what those third parties do.

22. Price Modification

22.1. All the listed prices are subject to change upon 30 days’ notice from Aweba. Such notice may be provided at any time by posting the changes to Aweba’s website and/or on your individual invoices.

22.2. Aweba shall not be liable to you or any third party for any modification of the price.

22.3. If, however, you are still within the initial 24-month period of the opening of your account, the prices shall be fixed, and will be subject to change only upon expiration of such period.

23. Intellectual Property and Customer Content

23.1. Aweba shall not claim any intellectual property rights over content you provide for the building of your website. All the content you upload shall remain your property.

23.2. You retain ownership over all the content that is uploaded for your benefit. However, by asking to make such content public, you agree to allow others to view such content. You shall remain responsible at all time for compliance of the content with any applicable laws or regulations.

24. Acceptable use

24.1. You may not use your website, our services or its features to achieve any purpose that is unlawful or prohibited by this Agreement or by any applicable legislation.

24.2. You agree not to use your website, our services or its features, and not to allow any other person to use them to:

24.2.1. disseminate information that is false, defamatory, inappropriate, misleading, abusive, or illegal;

24.2.2. infringe the intellectual property rights of any person;

24.2.3. request passwords, or personal identifying information from other users;

24.2.4. disrupt or interfere with the functionality of the Website or any server or network involved in operating the Website;

24.3. In the event that Aweba suspects any breach of this Agreement, Aweba reserves its right to suspend indefinitely any account and its associated Website or Services.

25. Notices and Contact information

Any written notice should be sent to or mailed at:

Aweba
99, Turgeon Street
Sainte-Therese, Quebec
J7E 3H8, Canada

For any informal demands, questions, feedback, you may also contact us directly at 1 888 350‑8884.