EASY PROJECTS TERMS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY. TO COMPLETE YOUR ORDER FOR THE PRODUCT AND/OR SERVICE YOU’VE REQUESTED, YOU MUST FIRST READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”). SUBMISSION OF YOUR ORDER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Section 1. EASY PROJECTS Terms of Service
1.1 Purpose of Site
EASY PROJECTS is a service provided and operated by Logic Software Inc., (hereby referred to as “EASY PROJECTS”). EASY PROJECTS’s services include, but are not limited to: providing online task and project management and the hosting of related files on EASY PROJECTS’s servers (that portion of the server allocated for Customer’s use is hereafter referred to as “Customer’s Allotted Space”). EASY PROJECTS may provide any other services, as necessary, for the operation of its business.
1.2 Term/Length of Agreement
The term of this Agreement shall be month-to-month from the Effective Date of the Agreement or for the specified term of service as identified by the “Package” that Customer subscribes to. For purposes of this Agreement, the “Effective Date” shall be the date on which EASY PROJECTS delivers notification of account or service activation to Customer with regard to Customer’s order.
1.3 Price and Payment
Customer agrees the use of the Service is subject to EASY PROJECTS’s “Price and Payment Policy” as defined in Section 2.
1.4 Cancellation of Service by EASY PROJECTS
Customer agrees the use of the Service is subject to EASY PROJECTS’s “Cancellation Policy” as defined in Section 3.
1.5 Acceptable Use
Customer agrees the use of the Service is subject to EASY PROJECTS’s “Acceptable Use Policy” as defined in Section 4.
1.6 Service Level
Customer agrees the use of the Service is subject to EASY PROJECTS’s “Service Level Agreement” as defined in Section 5.
1.7 Copyright & Trademark
Customer agrees the use of the Service is subject to EASY PROJECTS’s “Copyright & Trademark Policy” as defined in Section 6.
1.8 Security and Integrity of Customer’s Media
EASY PROJECTS provides best efforts to insure integrity and security of Customer’s data, including the use of automated back-up systems, secure servers and restricted access to back-office systems. However, such procedures cannot guarantee complete security and integrity of data. Therefore, EASY PROJECTS makes no guarantee and assumes no liability for the security of any data, on any server including “secure servers.” Customer agrees to maintain separate backups of any data other than the backup systems that EASY PROJECTS has in place and EASY PROJECTS shall not be liable for the loss, or modification, of any Customer materials due to any breach of security. EASY PROJECTS’s backup systems are reserved for EASY PROJECTS’s use and are not available to Customer for the purposes of requesting data whereby such missing or defective data is a result of circumstances not related to EASY PROJECTS’s system failures or breach of security.
1.9 Disclaimer of Warranty
EASY PROJECTS WARRANTS THAT THE SERVICE WILL OPERATE SUBSTANTIALLY IN CONFORMANCE WITH THE SPECIFICATIONS DEPICTED IN THEIR PACKAGE. TO THE EXTENT PERMITTED BY LAW, EASY PROJECTS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE DURATION OF ANY STATUTORILY REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY.
1.10 Limitation of Liability
UNDER NO CIRCUMSTANCES WILL EASY PROJECTS BE LIABLE TO CUSTOMER FOR DIRECT DAMAGES GREATER THAN THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER FOR THE USE AND OCCUPANCY OF CUSTOMER’S SPACE OR IN THE CASE OF SPECIAL SERVICES, THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER TO EASY PROJECTS FOR THE SERVICE FOR WHICH DAMAGES ARE CLAIMED. IN NO EVENT SHALL EASY PROJECTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF AND IN RELATION TO THIS AGREEMENT EVEN IF ADVISED BEFORE HAND OF THE POSSIBILITY OF SUCH LIABILITY. UNDER NO CIRCUMSTANCES WILL EASY PROJECTS BE LIABLE TO CUSTOMER FOR ANY MARKETING, ADVERTISING, PROMOTIONAL EXPENSES OR ANY EXPENSES RELATED TO THE CUSTOMER’S USE OF EASY PROJECTS’S SERVICE, REGARDLESS OF ANY EVENT, INCLUDING INTERRUPTION OF EASY PROJECTS’S SERVICE, OR EASY PROJECTS’S REMOVAL OF CUSTOMER’S MATERIAL.
In the event that they are applicable, Customer shall be solely responsible for the payment of all sales, use and similar taxes relating to their use of EASY PROJECTS’s services.
1.12 Governing Law
The laws of the Province of Ontario, Canada shall govern the validity, construction and performance of this Agreement.
The parties agree to submit any dispute arising out of, or in connection with this Agreement to binding arbitration in Toronto, ONTARIO before an arbitrator agreed to by both parties and subject to the rules of the American Arbitration Association. The parties agree that such arbitration will be in lieu of either party’s rights to assert any claim, demand or suit in any court action, (provided that either party may elect either binding arbitration or a court action with respect to obtaining injunctive relief to terminate the violation by the other party of such party’s proprietary rights, including, without limitation any trade secrets, copyrights or trademarks). Any arbitration shall be final and binding and the parties agree not to contest the enforceability of the arbitrator’s order.
1.14 Assignment and Account Ownership
Customer may not assign its rights or obligations arising under this Agreement without submitting a request to do so in writing, complete with original signatures, and without EASY PROJECTS’s prior written consent. Should ownership of a EASY PROJECTS Account be disputed between two or more parties, priority shall first be given to the original name on the account for which invoices are submitted, supported by the billing address. If ownership of an Account remains in dispute, EASY PROJECTS reserves the right to interplead the dispute to binding arbitration as depicted in this General Terms and Conditions in the Province of Ontario, and suspend service and withhold Customer’s content until court action determines otherwise. EASY PROJECTS may assign its rights and obligations under this Agreement, but must provide written notice to Customer within 30 days of doing so.
1.15 General Provisions
BOTH PARTIES REPRESENT AND WARRANT THAT THEY HAVE FULL POWER (INCLUDING CORPORATE POWER) AND AUTHORITY TO EXECUTE AND DELIVER THIS AGREEMENT AND TO PERFORM THEIR OBLIGATIONS HEREUNDER, AND THAT THE PERSON (AND COMPANY, IF APPLICABLE) WHO ACCEPTS THIS AGREEMENT BY CLICKING THE “I ACCEPT THESE TERMS AND CONDITIONS” BOX IS DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE PARTY.
1.16 Amendment of Agreement
EASY PROJECTS may amend this Agreement from time to time, on an as-needed basis by placing an update of this Agreement on-line at EASY PROJECTS’s web site at this location or at any other location designated at the said site. Any changes to this Agreement take effect upon the renewal date of the Agreement. Therefore, it is Customer’s responsibility to monitor this Agreement on-line. If Customer does not agree with the terms and conditions of EASY PROJECTS, Customer must immediately cease the use of EASY PROJECTS’s service. EASY PROJECTS agrees to give written notice, via email to the primary email address on record, of any material changes that affect the length, pricing, privacy, or cancellation of this Agreement.
EASY PROJECTS reserves the right to contact our users regarding important product or policy announcements and to satisfy legal requirements. All legal notices to EASY PROJECTS should be submitted to: email@example.com
Section 2. EASY PROJECTS Price and Payment Policy
2.1 Price and Payment.
Customer shall pay EASY PROJECTS monthly, quarterly or annual recurring fees, in U.S. Dollars, as indicated at https://www.easyprojects.net or, if a written EASY PROJECTS Ancillary Services Agreement accompanies this document, as indicated by those terms, which include charges for use and occupancy of Customer’s Allotted Space. In addition to any recurring fees, Customer may be charged non-recurring fees as indicated at this same Web site, or as a written EASY PROJECTS Ancillary Services Agreement specifies.
EASY PROJECTS reserves the right to increase prices upon the expiration of the Customer’s contracted term. Price increases shall be posted on EASY PROJECTS’s web site 30 days prior to taking effect. EASY PROJECTS agrees to submit written notice to the primary email on record for the Customer at least 30 days prior to taking effect.
This Agreement will automatically renew on a month-to-month, quarter-to-quarter or year-to-year basis at the rate in effect at the time of the renewal unless cancelled in writing or modified in writing by the Customer prior to the renewal date. Customer will receive an invoice for charges and payment is due upon receipt, unless otherwise stated. It is our policy to bill our clients on a monthly basis, and in the absence of any agreement or arrangement to the contrary, we expect to be paid no later than the due date stated on the invoice.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. No refund will be given for unused portions of your license period.
Section 3. EASY PROJECTS Cancellation Policy
3.1. Cancellation of Service by EASY PROJECTS.
EASY PROJECTS reserves the right to cancel the Customer’s account should the Customer fail to adhere to the terms of this Agreement. Should cancellation of the account occur, EASY PROJECTS is not obligated to reimburse any unused fees. Upon request of Customer, EASY PROJECTS shall return all Customer materials.
3.2. Cancellation of Service by Customer.
Customer shall have the right to terminate this Agreement upon 30 (thirty) days written notice to EASY PROJECTS, unless a written EASY PROJECTS Ancillary Services Agreement specifies otherwise. EASY PROJECTS is not obligated to reimburse any unused fees. Customer is responsible for removing their materials from their allotted space on EASY PROJECTS’s servers and EASY PROJECTS will not be responsible for storage and preservation of Customer’s materials upon receipt of request for cancellation.
Section 4. EASY PROJECTS Acceptable Use Policy
4.1 Content of Customer’s Materials
EASY PROJECTS does not actively monitor the Customer’s material nor does EASY PROJECTS exercise any editorial control over the content of any material that the Customer uploads into EASY PROJECTS’s service. However, EASY PROJECTS reserves the right to remove any and/or all of the Customer’s material from EASY PROJECTS’s service that are, in EASY PROJECTS’s discretion, potentially illegal, a violation of Trademark and / or Copyright, or may subject EASY PROJECTS to liability, or violate the acceptable use policy stated below in this Agreement. Upon removal of the material, EASY PROJECTS shall notify Customer of the removal of the material, as well as the reason for removal. In no instance shall EASY PROJECTS be liable for the removal of the material.
4.2 Acceptable Use
This Agreement is designed to help protect EASY PROJECTS’s customers and the Internet community from irresponsible or illegal activities. In the event that Customer violates this Agreement through improper use of the service, as depicted in 4.3 below, EASY PROJECTS reserves the right to suspend or terminate the service without notice. EASY PROJECTS shall make reasonable efforts to advise Customer of the inappropriate behaviour and offer any corrective action necessary. EASY PROJECTS reserves the right to immediately terminate its service to Customer for any flagrant or repeat violations of this Agreement.
4.3. Not Acceptable Use
Incidents that may cause the account to be terminated include, but are not limited to:
EASY PROJECTS will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity. EASY PROJECTS reserves the right to monitor or view material uploaded by Customer onto EASY PROJECTS’s service at any time for the purpose of ensuring compliance with this Agreement.
Section 5. EASY PROJECTS Service Level Agreement
5.1. Service Availability – 99% Uptime Guaranty.
EASY PROJECTS uses best efforts to keep its service up and running. However, EASY PROJECTS cannot and will not guarantee 100% uptime of its service. EASY PROJECTS’s service is guaranteed to be available and capable of forwarding IP packets ninety-five percent of the time, as averaged over the life of the Service Period, as defined in EASY PROJECTS’s Terms of Service policy. Downtime shall consist of packet loss, which is sustained in excess of 50% for 15 consecutive minutes. If EASY PROJECTS sustains downtime (a disruption of service) of a duration of more than 1% in aggregate, during the life of a Service Period, as defined in EASY PROJECTS’s Term of Service Policy, then Customer may elect to cancel the Service/Contract, and EASY PROJECTS will reimburse Customer, on a daily pro-rated basis upon request, any fees paid to EASY PROJECTS for which service was unavailable and/or not rendered. For the calculation, EASY PROJECTS assumes a total of 30 Days within a Service Period, which provides a total of 720 hours. EASY PROJECTS guarantees 99% of this time period, or 713 hours to be free of downtime, as defined in this paragraph.
Customer shall remain liable to EASY PROJECTS for all other fees associated with the service incurred prior to the termination of the service. This guarantee shall not apply for disruption of service to end-user that is due to network congestion on the Internet or other related disruptions on the Internet that are not related to EASY PROJECTS’s service. It is very possible that EASY PROJECTS’s service is fully operational, but the end-user’s access to the media is disrupted by means of independent backbone carrier issues. Customer must provide information supporting the claim of this Service Level Agreement violation such as trace route and / or PING data produced during the time of the incident.
5.2. Notice of Violation of Service Level Agreement.
To terminate the contract, Customer must give written notice within four business days of violation of this Service Level Agreement to firstname.lastname@example.org
Section 6. EASY PROJECTS Copyright and Trademark Policy
The entire content of EASY PROJECTS’s Service, including its Web site, is copyrighted, and all rights are reserved.
6.2. Trademark Reservation of Rights.
Logic Software Inc. the owner and operator of EASY PROJECTS (hereinafter referred to as EASY PROJECTS), and/or its licensors, is the exclusive owner of all right, title, and interest in EASY PROJECTS’s Trademarks and EASY PROJECTS’s logos. No person or entity may reproduce or use (or authorize the reproduction or use of) the EASY PROJECTS Trademarks or EASY PROJECTS logos in any manner other than expressly authorized by EASY PROJECTS. Unauthorized use of EASY PROJECTS’s Trademarks or EASY PROJECTS’s logos is strictly prohibited. EASY PROJECTS, is the trademark of Logic Software Inc.
Section 7. EASY PROJECTS Free and Trial accounts
7.1 Trial Accounts
New Easy Projects users are provided unlimited access to a Trial Version of Easy Projects for 15 Days to evaluate, test and use the Service. The Trial Version of the Service is provided at no cost to the user. After the initial 15-day period,the Trial Version will expire.
7.1 Free Accounts
Easy Projects no longer offers or supports free accounts.