Terms and Conditions
Terms and Conditions 360 Web Firm – March 06-2022
ABOUT 360 WEB FIRM
360 Web Firm is an affordable website provider and hosting provider that builds websites for customers and provides hosting to them. We operate within Canada and the United States. We are based in Cornwall Ontario Canada.
Our goal is to maintain these websites for our clients by keeping them updated and trying our best to keep them secure and working well. We would also provide the hosting for these websites while keeping the websites backed up on a regular basis. The goal is to work towards a relationship that would last for years with our clients.
WEBSITE HOSTING & DOMAIN NAME
The Domain Name – We ask our clients to purchase the domain name themselves because this is something that should always be in the client’s name. Don’t worry, we will talk you through this as its very easy and a domain name cost on average $15.00 a year. This way you always have access to it and its under your name/business and you have complete control on this. Once you purchase a domain name, you can grant us access to change the DNS settings for you if you wish.
The hosting – is FREE with SOME OF OUR website packages for 1 year and is based on a basic C Panel hosting account or our advanced hosting account. This comes with 5 GB Disk Space and 5 GB Bandwidth. Email also comes with your hosting through your C Panel, but this is subject to the specifications above. This does not include website maintenance. For website maintenance and hosting packages, click HERE. Please note that if your website goes out of the scope of the current website package details, then hosting will not be included. Our premium hosting comes with 7 GB Disk Space and 7 GB Bandwidth and is included with our Superior Maintenance plan ONLY. Hosting servers are in Quebec and with OVH Hosting.
We strongly suggest using a professional email services such as Google, Outlook and even a Workspace email from 360 Web Firm which is great for small businesses. Using C panel email is not a good idea for any business in our opinion. WE also DO NOT SUPPORT any C Panel email services AT ALL as this comes with your hosting FREE and is used at your own risk. ** Please note that Workspace email is provided, supported and maintained by Go Daddy and we are just the referral to these services. You make direct payment to them and they provide all services to you including billing and support.
C PANEL EMAIL – We DO NOT provide any support for this
360 Web Firm is not responsible for any use of the C panel email on your hosting account, nor are we responsible for maintaining, backing it up or providing any support for this. You use at your own RISK. If you want your c panel login, we can provide this to you if you do not have it already and you can setup and manage any email that comes FREE with this, but you will be responsible for these email accounts. If we set up an email for you, we did this as a courtesy, however we do NOT continue to support this and have not done so for many years. C Panel email is NOT recommended for business or professional use in our opinion and if you set up or use, you use at your own risk.
Websites Hosted on our VPS Servers, or your own VPS servers
360 Web Firm host some of our clients’ websites on a VPS server we rent from a few companies. We set up, manage, and look after the server on a regular basis. If you have your own server through us that we rent on your behalf, we set up, manage, and look after this VPS server as well. We are the renters, not the owners of any hosting services you have with us.
Uptime and Downtime on our VPS server we rent – You agree and fully understand circumstances that could happen
The companies we rent out servers are from 95% – 99.9% uptime. There is always a chance that a bad cable, hardware, or anything else that could take the server offline could happen. In this case, this is out of our control and the HOST will fix this as soon as they can. Most of the time this is done super-fast, however, it could take a day or even a few days to get this rectified and resolved. By continuing to use our services with 360 Web Firm, you fully understand and are OK with the small risk of your website going down due to hardware issues that is out of our control. This could be 1 hour or even 2 days or more.
360 Web Firm has backups of your website and if it seems that the hardware issue from the HOST might take a long time to fix, we could take your websites latest backup and add it to another host we have with another VPS server just to get your website up and running faster.
360 Web Firm looks after your hosting and with the maintenance plan if applicable, we look after your website(s). We are not the HOST provider for the VPS servers as we just rent them or the developer of any software on your website as we just install and use them. By using any of our services, you will NOT hold us responsible for any issues related to software or hardware which operate and run your website(s).
HOSTING WITH OUR SERVER + YOUR OWN SERVER – *** Late Payments ***
Please note that 360 Web Firm tries to send out the invoices in a reasonable time frame each month. However, if you are on a monthly payment plan or package, this needs to be paid on the 1st of the month or just before. If you have issues with making the payment, please advise us so we know when you will make the payment. However, if we send out notifications and you continue to not make any payment and/or ignore our notifications, we could put your Hosting Account/Server into suspension mode. Please note that if you were hosted with another company, they could just automatically stop your hosting on the 1st day the payment is late. 360 Web Firm must pay our server cost no matter what on the 1st and we expect everyone to make payment on time as well.
Please pay your bill on time and if you are sending out a cheque, please mail it so we will receive it on time. All we ask is to pay your bill with us on time. We don’t want to suspend your hosting account, but if you continue to be late on the payment all the time, what other choice do we have? If you wish to change from the monthly plan to 3, 6 or even 12 months payment plan we can certainly do that if this is easier for you.
Your CPanel FREE Email Account – This is free with your c panel hosting, but if you need to have unlimited space & a more professional service then you can upgrade the email very easily. Please note that we might set up the email for you, but we do NOT provide support for email as we need to be in front of your PC for setting up and this is just not possible. We will try to help you out, but please note we are not responsible for your email services. This is offered ONLY for free with your C Panel. We will not provide support for email accounts. We can set up IMAP or POP email and this can be attached to your iPhone and Outlook and other programs. Your email is provided as a courtesy and is FREE with your hosting account.
Please also note that if you are using the FREE C Panel email, that you are responsible for whom you send your emails to and if the server gets flagged as spam because of certain emails sent out. Please be careful with your email and who you send to. The C panel email is not a good email service for MailChimp or any other email marketing services and this is not permitted with the use of your free c panel email.
Please do not use your email for sending out massive amounts of emails to several people at once as this will get the server IP flagged and possibly added to a blacklist.
Backing Up Your Email – If you do decide to use the FREE C panel email, then please note that we do not provide any support for any C Panel email service. Please also note that if you are using this email, then you are responsible for backing this up on your local PC as we are not responsible for your email backups.
You Assume the Risk. – The use of our email system through your C panel hosting with us is at your OWN RISK. C Panel email is a good email system if used properly and is set up correctly and your password is secure and changed regularly. Please always keep your email, hosting, and website credentials SAFE and secure as these are your responsibility. We highly recommend changing your passwords every 3-6 months.
Email Spam or Abuse – If we find that your email is being used for Spamming others, we reserve the right to remove your email and possibly your website from our server. We will not tolerate any spamming to others. If you are receiving SPAM in your email, we might assist you with setting up a filter, but this is your responsibility through your c panel account to set up and fight spam.
Protect Your Email Address – A great way to protect your email account is to use a Contact Us form on your website. Do NOT add your email to your website, but rather use a contact us form and then only reply to people you trust. This way no one can spoof or get your email from you unless you want them to have it.
REMOTE EMAIL SERVICES – PROFESSIONAL EMAIL
You might have an email address set up with a remote server such as Google G-Suit, Outlook, Go Daddy or my reseller with Go Daddy which is Workspace Email ( https://store.360webfirm.ca/ ) which is still Go Daddy and they provide ALL support and billing for this email 24/7. PLEASE call those providers for support as this has nothing to do with 360 Web Firm EXCEPT for the DNS (MX) settings you ask us to place on our server. The email and services are provided by those companies or places above. Please ask them for assistance with all your REMOTE email issues. You also will have your OWN C Panel login if hosted with me so you may set up all your DNS yourself as this is not 360 Web Firm’s responsibility. We will do this as a courtesy if you need our help. If at anytime you feel those DNS records are not correct, please feel free to login to your account and update or change them yourself. We JUST add what you ask us to add.
PCI COMPLIANT – Currently, our hosting services does not include PCI Compliant specifications.
UPDATES OR CHANGES TO WEBSITES ONCE THEY ARE FINISHED
Once your website is finished and we have completed the service, we will be available for question or concerns. Please note that this is provided as a courtesy and not an obligation. 360 Web Firm is in no way responsible for updates, changes, security or modification after which the website is built. We have maintenance packages which includes support, security scans, malware scans, updates to your WordPress, theme, and plugins, and for other general changes and modifications to your website. These plans also cover backups of your website files and database. Normally we provide an hour training to our customers which we will show you the basics on your website and how to make simple updates and changes. If you require additional training, we can certainly book you in for this.
Website Content Once Website Is Finished – Once you sign off on the website and it is finished and you pay us, this concludes our services. It is your responsibility to make sure all content is correct before you finalize the payment to us. This could be text, contact us forms, buttons, links, images and all content on your website. We do our best to make sure it is working as it should be, but you are ultimately responsible for making sure everything is 100% correct. Once your website is finished, we are under no obligation to make any changes, updates, fixes or to take any action on your website.
Maintenance Plan Customers – We make sure all is updated and secured to the best of our ability. We do go over your website from time to time. However, this is your website and your responsibility to check everything and to make sure all content is correct and working as it should be. We suggest going to your website a few times per week or more to make sure it is working well. If you notice something, let us know and we will fix this ASAP. We highly recommend you take the time to make sure any forms, text, images and all content is working and looks as it should be.
CHECK YOUR OWN WEBSITE(S) ON A REGULAR BASIS – IMPORTANT!
360 Web Firm strongly advices you to check your Contact Us forms, internal or external links, all ecommerce store functionality, the text and image layout and any other function or ability on your site regularly. AGAIN, we update the software such as the WP plugins software, WordPress software, and the WP theme software (if applicable) and host your website(s), but you need to check it or them (if more than 1 website with us) it to make sure things are working as they should.
For testing of your ecommerce store, you can get a free Sandbox account with PayPal. This will give you a testing account for both the seller and buyer and that way you can test the complete flow of your ecommerce store and make sure you get emails, payment from PayPal is working and anything else related to your ecommerce store.
Contact 360 Web Firm if you notice any issues. Please also note that we are NOT responsible for conflicts caused by any software on your website. We will do our best to assist you in fixing it, but we are NOT responsible for any issues that any software might cause on your website(s). This also includes any security issues as we do not develop any software and have no control over this.
Website Media – All website content is the responsibility of the customer. This includes any text, videos, and images. Please make sure your images and videos are non-copyrighted or you have a license for these. Please also make sure the text copy or content is not copied from someone else’s website or service. You are 100% responsible for all content on your website.
WORDPRESS, WORDPRESS THEME AND WORDPRESS PLUGINS – UPDATED FOR PERFORMANACE AND SECURITY REASONS
We strongly recommend making sure your WordPress software is updated, along with your WordPress Theme and WordPress Plugins for security reasons and for improvements. This is not our responsibility to do these unless your have a maintenance package which otherwise states this. Its always a good practice to take backups before you do any updates to your system and software. PLEASE make sure you always take a backup of your website and database before performing any updates. We are NOT responsible for fixing your website unless you have a maintenance plan in place. If you have a maintenance plan in place, we will restore your site to the last known good backup in case of complete website failure.
SOFTWARE LICENSING – LICENSE FOR SOFTWARE FOR USAGE ON YOUR WEBSITES PLUGINS AND THEME
If we include any license with our services such as for any WordPress theme or for any WordPress plugin, we install under our own license umbrella, this is ONLY valid while you are a customer of 360 Web Firm. We reserve the right to VOID any license from software that is added by us and under our own license umbrella. An example would be the WordPress theme we use a lot DIVI. This comes with a license under our umbrella and we could VOID this is we seem fit.
Please note that 360 Web Firm would only VOID the license in certain cases. If we VOID the license, you can always purchase your own license aftewards.
WEBSITE SOFTWARE – WORDPRESS PLUGINS, WORDPRESS THEME AND WORDPRESS AND ALL OTHER SOFTWARE USED FOR YOUR WEBSITE
360 Web Firm does not create, develop or modify any software that is used on your website. The software is added for the functionality of your website, for security and for performance. It is up to the developer of this software to come up with fixes, updates for security and performance and general changes. Therefore, you will not hold 360 Web Firm responsible or liable for any issue whatsoever as a result of the software used on your website. We are not the creator of any software on your website, we just implement it by adding or installing it on your behalf for your website functionality.
The software could be WordPress, the WordPress Theme, Plugins or Extensions or any extra Software added. If you have a maintenance package with us, we will update these on a regular basis but ONLY when the developer or creator comes out with updates. Even though the software might be updated, there could still have an issue or conflict with another software on your website.
If anything shall happen as a result of any software used on your website such as a conflict with another software, website not working properly, a Virus or any type of Malware, you will not hold 360 Web Firm responsible or liable for this. We will do our best to help you out, but 360 Web Firm is not responsible and/or liable and you agree with this statement if you wish to use ANY of our services.
WEBSITE IMAGES AND WEBSITE CONTENT – COPYRIGHT ISSUES
The content you add to your website or you get 360 Web Firm to add to your website is your data and your responsibility. This includes all forms of images, text and any other data or property you own. Images must not be copied from the internet and they must not be copyrighted except if you own this copyright licence. ALL content added to your website is your content and your responsibility and 360 Web Firm has no interest or affiliation with any of your content. We just add it on your behalf, and you own this content. Please make sure your images are safe to use. There are several free high-quality image providers on the internet. Please also make sure your text and wording are not copied from others because this will seriously hurt your ranking with the search engines, and you could possibly get into trouble by copying others content.
SEARCH ENGINE OPTIMIZATION & RANKING FOR YOUR WEBSITE
Having a NEW or UPDATED website is nice and looks great, specially if you are using a mobile friendly site for the first time. However, getting found in the search engines with it afterwards might be a challenge. Please note that we will do our best to make sure your site is optimized for the search engines. HOWEVER, this is something we cannot guarantee and please note that it takes time to get a good ranking in Google, Bing, and other search engines. We will never say that we can guarantee this or that you will be on the 1st page or anything related to this statement about search engine ranking. When we build your website or upgrade your existing website, we are not responsible for the search results or standing for certain keywords in the search engines. We will do our best to the ability of our knowledge.
Google changes its algorithm so often that even SEO specialized companies are finding it a challenge to keep up with the new changes and requirements. The opinion of 360 Web Firm is that having a clean & informative website is the first initial start, as well as a fast loading and secure website using an SSL Certificate. You will also need to put time into marketing and advertising your new or upgraded website.
MAINTENANCE PACKAGES / PLANS
Updating software such as WordPress, the WordPress Theme and all the WordPress plugins. We are not responsible for when these updates may come out. We are also not responsible for any software on your website. This is up to the developer of the software and we only implement it and update this software; we are not the developers. You agree not to hold 360 Web Firm responsible for any issues as a result of using any software on your website.
Regarding content changes or updates included in any maintenance plan. This includes ONE hour of updates or changes to your website. This will be anything you want done except for paid extras such as plugins, theme, and so on as you will be responsible for these extra costs. The ONE-hour updates to content or just changes to your website is subject to the conditions below. You agree to these below conditions if you wish to have a maintenance plan with 360 Web Firm.
360 Web Firm reserves the right to refuse any maintenance plan or cancel an exiting plan at anytime. You also have the right to cancel this plan at anytime. If we cancel the plan, we will finish up the month if paid in advance. There are no refunds.
Please also note that if we are not comfortable with certain changes or updates, or if we do not have the experience to do these changes or updates, we will let you know. We will do what we can to the best of our ability. If we simply do not know how to do your update or changes, then you will not hold us liable for this. We have a lot of experience with WordPress and website design, but we don’t know everything. We will try our best to help you, but if we are not comfortable doing your request, then we will just let you know. You agree that if we are not comfortable with doing your request, you will be OK with this. We will ONLY do updates or changes that we know how to do and are omfortable with.
BACK UPS WITH YOUR WEBSITE – MAINTENANCE CUSTOMERS ONLY
WEEKLY BACKUP SCENARIO – The server takes backups 3 times per week and this is stored on the server. We can revert to those backups in case of a website failure or a non-responsive situation with your website.
Revert to backup stored on server would take approximately 1 hour.
COMPLETE SERVER FAILURE SCENARIO – Under the VERY RARE case that the server has issues and is not responsive and reachable, then I might have to RE-install the OS again and then RE-install C panel. In this rare case, I have a local backup of your website. These local backups are done 2 times per month. In this case, your website would be up and running once again with the last BACKUP TAKEN from up to 2 weeks. This could be 1 day; it could be 2 weeks. This all depends on when the last backup was done and when the server failed.
This is the procedure for a server failure:
• I get notified that the server is unresponsive. If I cannot fix this, then I must re install OS.
• I re install OS and then re install C Panel software.
• I then upload the backup I have of your website (which could be up to 2 weeks before) to the server.
• Your website is back up and running again.
This procedure could take between 2-4 hours, or even a little more.
If you are concerned and wish to keep your own backups, you can do this within your own c panel account. Please download your backups and save to your local disk drive. Contact me for more info and for your C Panel login if you do not have it.
Hosting Accounts Description and Specifications that come with your maintenance plan or with your website package
The Hosting is based on a basic C Panel hosting account. This comes with 5 GB Disk Space and 5 GB Bandwidth. Email also comes with your hosting through your C Panel, but this is subject to your specifications below. We reserve the right to cancel your hosting account along with your maintenance plan at any time. You also can cancel or upgrade or downgrade your hosting account at anytime. Your website files are in Beauharnois, Quebec: Data Centres – BHS-1, BHS-2, BHS-3, BHS-4, BHS-5, BHS-6. This could be subject to change in future as this is up to the hosting provider OVH hosting.
Your Email Account – This is free with your hosting, but if you need to have unlimited space, then you can upgrade the email very easily – Click Here for Email Upgrades. Please note that we might set up the email for you, but we do NOT provide support for email as we need to be in front of your PC for setting up and this is just not possible. We will try to help you out, but please note we are not responsible for your email services. This is offered ONLY for free with your C Panel. We will not provide support for email accounts. 360 Web Firm is Not an email provider. Your email is a courtesy and is FREE with your hosting. You acknowledge that using the email system on our server ( your hosting account with us ) is at your own risk.
Website Backups – Backing up your website files and database is part of our maintenance plans; we will take a backup of your website files and database. We will do this up to 2 times per month, unless you ask us to do otherwise. Backups do not include emails. You can also do a complete account backup in your c panel account. However, this is subject to your disk space.
In case of complete website failure, we will use the last known good backup to restore your website & database for you. This is also included in any maintenance plan.
EMAIL, HOSTING AND WEBSITE SECURITY
When you have a maintenance package with us, we perform regular scans on your hosting account for malware and viruses. We might even add a security plugin to your website such as Word Fence and other security and protection plugins. We highly recommend updating your passwords for your Email, Hosting and Website several times a year to help protect your services. PLEASE make sure your password is a LONG one with Caps, lowercase, alphabetical and numeral characters. Please also include any special characters. This MUST always be secure. This is YOUR responsibility to make sure your credentials are secure.
When more than one person has credentials for logins such as email, hosting and websites, this opens more of a risk for these services being hacked or compromised. Please make sure you always take care of your credentials. If 360 Web Firm does not do your maintenance, please remove us from your Website users list.
HOSTING ACCOUNTS WITH NO MAINTENANCE PLAN WITH US – STANDALONE HOSTING ACCOUNT
When you have a hosting account with us which would be when you purchase a website and get a free year of hosting, or if you just wanted to purchase hosting as a standalone for your website. You are 100% responsible for updating the website’s software, malware protection and keeping your website safe from being hacked. You are furthermore responsible for any changes or functions on your website. Your hosting account is also limited by Bandwidth as this depends on the package you have with 360 Web Firm or the agreement you have in place.
MALWARE AND VIRUS PROTECTION – Make sure your COMPUTER is also free of malware and viruses if you keep your credentials on your PC or MAC. We recommend using Malwarebytes and AVG Internet Security. Both programs come with a FREE version that works great. The paid version offers more and is very affordable as well. Please SCAN all the time. Each morning, lunch, after work. Try to scan your PC each day as a habit. These are some tools you can use, and this is of our own opinion. Please use at your own risk.
Maintenance Customers with hosting – We do our best and there is NEVER any guarantee that someone will NOT hack into your website, email or hosting. 360 Web Firm takes precautions to try and prevent this from happening, but it does happen all around the world and websites and other login services do get infected/hacked all the time. Keeping passwords secure, files updated and backed up and credentials safe, will certainly lower the risk of being hacked by malware or viruses.
Please inform us ASAP if you believe you are compromised. We will take the necessary actions to rectify the situation. If you are on a maintenance plan, we will investigate the scenario. If you are NOT on one of our maintenance plans, there could be a cost associated with this.
Non-Maintenance Customers – Once your website is built and you sign off, then this is up to you to maintain your website and to keep all software updated and secure, your website backed up and for all login credentials. Once your website is finished and you make your payment to us, then your website is now 100% your responsibility. You acknowledge that 360 Web Firm is not responsible for anything that may happen regarding your website files, database, email and anything related to your website.
Without a maintenance plan in place, you are also responsible for any backup of your website. We take a few backups each week and if server fails, we have 2 backups stored that could be up to 2 weeks old. There will be a cost to restore your website if its just your website and not the server. You can take your own backups within your c panel account and save those on your local disk just in case.
Maintenance customers with no hosting – If we simply take care of your website and not your hosting, then we will do our best to keep it updated and secure as well as backed up. Not having control over your hosting can have an impact of what we can do to TRY and prevent malware, website, email & database hacking and other software related conflicts or issues. Not having access to change or modify server software and configurations as well as scans and checks can also affect how much control we have and what we can do to stop, prevent and even fix issues. There is only so much we can do with just the website.
For all THREE WEBSITE COMPROMISED scenarios above – you acknowledge that 360 Web Firm is not responsible for someone hacking into your website and/or malware or viruses that may happen on your website files, database or email. Furthermore, 360 Web Firm is not responsible for any software related issues or conflicts that could happen on your website. As stated above, we are not the developers of any software found or used for your website functionality.
Changes to the Terms and Conditions of Use
360 Web Firm may at any time, and at its sole discretion, modify these Terms and Conditions of Use, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of our services following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to our terms and conditions, please do not use our services anymore.
Please read the above terms completely. Once again, if you wish to use our services, you agree 100% with the above statements, conditions and terms.
Maintenance Customers – While we do our best to protect against Malware, Viruses, software conflicts, email spamming and other website threats by continuing to use our services you acknowledge that 360 Web Firm is in no way responsible for any of these issues.
Please feel free to contact us anytime if you have any questions or concerns.
We try our best to make our customers happy and we are completely honest with them. We are available 7 days a week and we go above and beyond for our customers.
Let us take your online dream and turn it into a reality. Call us today! 613-330.3778
The personal data of individuals accessing the website from Europe is not covered by the GDPR as the website does not offer goods or services to EU/EEA data subjects. We do not control or process data from EU/EEA residents. We service Canada and the United States ONLY.
Please refer to this page – https://360webfirm.ca/privacy-policy/