Hosting Agreement

In order to guarantee successful service delivery, both Ace’s Project Development Inc. (ACE’s) and the client agree to the following:

1. When it comes to content, the client agrees to adhere all federal, provincial and local laws, and not to offend others.
2. ACE’s will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
3. The client is responsible for safekeeping their own credentials.
4. The client must obtain written consent from ACE’s prior to transferring or selling their rights and privileges to this service.
5. The client agrees to indemnify and not to harm ACE’s reputation, computer system, business and other clients by the client’s use of this service.
6. ACE’s reserve the right to refuse and cancel service at any time, in the event that the client breaches any terms in this agreement.
7. ACE’s will use its best efforts to provide client with reliable hosting service 24/7.
8. If the client is hosting a website coded by a third party, or requires more resources, the client agrees not to hold ACE’s responsible for performance and understands that ACE’s may offer an upgrade to accommodate this at an additional cost.
9. ACE’s will not be held responsible for any errors or service interruption. The client understands that interruption may or may not occur, and client will hold ACE’s free and harmless of any damages occurred.
10. ACE’s will respond to all disruption within 3 hours. However, the client understands that some interruptions may take longer depending on their nature. Temporary measures will be taken whenever possible.
11. The client will submit incidents by:
    1. Emergencies: call or text.
    2. Non-emergencies by email.
12. ACE’s reserves the right to change these methods in the future, which the client will use when indicated. All incidents will be resolved as soon as possible.
13. As curtesy, ACE’s takes daily backups, and removed weekly. The client can request a backup for a $35 fee if they are not subscribed to ACE’s dedicated backup plan. However, the client is also encouraged to take backups in the case of major failure.
14. The client agrees to return all IP Addresses to ACE’s that were issued to them by ACE’s if the client no longer uses ACE’s services.
15. The clients that use ACE’s shared hosting plan will not take up more than 20% of ACE’s system resources for more than 90 seconds. If this happens, ACE’s will inform the client and will try to assist them to remedy the situation, which may or may not be at an additional cost that the client will be aware of before ACE’s will act.
16. If this situation occurs multiple of times and the client refuses to remedy this with ACE’s solution, or their own; or if the client is unreachable, ACE’s reserves the right to suspend their account.
17. The client understands that ACE’s makes no warranty for their success of their website’s purpose by hosting with ACE’s.
18. The client will not hold ACE’s accountable for any losses resulting any disruptions, suspensions or terminations of their service.
19. This agreement will be renewed automatically with each payment. Payments will be discussed and charged separately, and ACE’s reserves the right to change fees upon renewal.
20. If the client choses monthly plan, they must inform ACE’s 45 days in advance before cancelling.
21. For annual plan ACE’s will remind the client 60 days prior to renewal, with any price changes if applicable.
22. All services will be pre-paid, and any upgrades, downgrades or add-ons during that term will be pro-rated.
23. All fees will be due on the date of renewal. ACE’s reserve the right to disconnect services after 14 days, and delete content after 30 days of non-payment. ACE’s will also charge $100 for reconnection and recovery, whenever possible. Recovery may not be possible for certain situations.
24. For more complex recovery, additional fees may apply.
25. If client breaches any part of this contract and ACE’s must engage the services of an attorney, the client will pay any and all reasonable occurred attorney fees and court costs.