Terms and Conditions

Effective Date: August 31, 2024
Last Modified Date: October 4, 2024

Terms of Use

Welcome to Outcrop Communications Ltd. web hosting services.

This is a contract between you the user (“Subscriber”, “you” or “your”) and Outcrop Communications Ltd.(“Outcrop”, “us”, “we”, “our”). It states the terms and conditions which apply to your purchase and use, in any manner, of the Outcrop Communications Ltd. web hosting ,email and domain services (collectively, the “Services”).

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES (COLLECTIVELY, THE “END-USERS”). YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.

The present Terms and Conditions have last been modified on October 4, 2024 and apply to all users.

Terms and Conditions

You must read and accept the present Terms and Conditions, Privacy Policy, Acceptable Use Policy and other policies applicable to other services, found at Outcrop Legal Agreements as a condition of using Outcrop web hosting services. By accessing and continuing to use any Outcrop services, you confirm your agreement to be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use any Outcrop services.

Outcrop may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. Outcrop may choose to provide the Client with a prior written notice if the changes significantly impact the Client’s services, but Outcrop will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the Outcrop Web Site.

Eligibility Criteria of Outcrop Services

The services offered by Outcrop are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the Outcrop Services only with the permission and under the supervision of your parents or legal guardian. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.

Term and Payment for Services

Term and Termination.

The Services are provided on a fixed term basis and shall be provided, unless Outcrop Communications Ltd. receives additional payment from you, until the last day of the fixed term (“Termination Date”). Either party may at any time terminate this Agreement, prior to the Termination Date, provided that Outcrop Communications Ltd. will provide the Services until the Termination Date. No credits shall be provided to you for the value of the Services between the date that you notify Outcrop Communications Ltd. that you no longer wish to receive the Services and the Termination Date.

Notice of Termination.

You must provide Outcrop Communications Ltd. with notice of termination in writing by email (from the email account specified by you when first ordering the Services). Any notice of termination will be effective thirty (30) days following Outcrop Communications Ltd.’s receipt thereof.

Liability and Obligations on Termination.

Should the Agreement expire or be terminated for any reason, Outcrop Communications Ltd. will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of profits or sales (anticipated or actual), goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. Outcrop Communications Ltd. shall not be obligated to notify any third party of the termination of your account or provide any termination assistance. Without limiting the generality of the foregoing, Outcrop Communications Ltd. shall have no obligation to forward any email messages, data, information or other content related to your use of the Services, and you acknowledge that all such email messages, data, information and content may be immediately deleted by Outcrop Communications Ltd.

Charges

You agree to pay all fees and charges (and applicable taxes) incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by Outcrop Communications Ltd.. Such rates, terms and conditions will be made available to you by Outcrop Communications Ltd.. Outcrop Communications Ltd. shall begin charging you on the date that you subscribe for the Services, unless otherwise specified by Outcrop Communications Ltd.. All prices on the Site are net of tax and you shall be responsible for the payment of all federal, provincial, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Outcrop Communications Ltd.’s net income.

Payment

All charges for the Services must be paid in advance according to the then current price applicable to the Services. Outcrop Communications Ltd. reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion.

Services Provided

Outcrop provides web hosting services which includes site infrastructure setup, administration, maintenance and support; domain name setup, administration and support; Domain Name System(DNS) setup and support.

Account Creation, Maintenance, Modification and Cancellation

Accurate Information

You agree to maintain accurate information with your Account Manager while you are using Outcrop services. This includes your full name, current billing address, phone number and a working email address. You agree to update your information within ten days of any change.

You agree that Outcrop may use and rely on any such information provided by you for all purposes in connection with your services, subject to Outcrop’s Privacy Policy. Should you provide any information that is inaccurate, misleading or incomplete, or if Outcrop has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, Outcrop has the right, in its sole discretion, to suspend or terminate its services and/or close your account.

Account Maintenance and Security

You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account.

You agree that you are fully responsible for maintaining the confidentiality of your customer and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify Outcrop immediately of any unauthorized use of your account or of any other breach of security. You agree Outcrop will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by Outcrop or another party due to someone else using your Account Access Information. Outcrop advises you to keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the Outcrop infrastructure in any way.

While Outcrop has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold Outcrop liable for any errors or interruption of services, whether within or outside of Outcrop’s reasonable control.

Responsibility for Content

You agree that you are solely responsible for the content stored on and served on your Outcrop account(s). You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. Outcrop disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy, available at Outcrop Legal Agreements.

Account Suspension and Cancellation

Outcrop can suspend or terminate, without prior notice, any accounts that do not comply with these Terms of Service in order to maintain a safe and secure environment for our clients; if malicious activity is detected; or if required to do so by law.

Outcrop will attempt to notify you in case of account suspensions or cancellations. In some circumstances, Outcrop may suspend an account without prior warning to avoid serious harm or service degradation.

You may cancel your account and prevent an automatic renewal by requesting a cancellation through your Account Manager at least 10 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow an Outcrop agent to properly identify the account in question, including your full domain name and hosting account type.

Backups

For certain services, Outcrop provides courtesy backups to help protect your data. However, backups can occasionally fail. Under no circumstance will Outcrop be held responsible for any loss resulting from incomplete or incorrect backups. By using Outcrop services, you agree to maintain complete backups on your own computers of all data stored on Outcrop servers.

Privacy Policy

Outcrop is committed to your privacy, and does not sell, trade or give out your personal information unless required as part of your service contract or by law. For our complete privacy policy, please consult Privacy Policy.

Acceptable Use Policy

Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at Acceptable Use Policy.

Domain Policy

Domain name registrations, renewals, and transfers must respect our Domain Names Policy, which can be found at Domain Names Policy.

Site Transfers

In most cases, Outcrop can help move your website from any other compatible web hosting provider (also called a website migration). However, transfers are provided as a courtesy service, and Outcrop can not make guarantees regarding the availability, accuracy, possibility, or time required to complete such a transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult or impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

Service Guarantees

Guaranteed technical support in 24 hours or less

Outcrop guarantees a response to technical support questions received through our service desk within a maximum of 24 hours. This guarantee does not apply to incomplete support requests, requests that do not reach us (due to inappropriate use of the helpdesk support system), requests not directly linked to the services provided by us or that fall outside the scope of our service support, requests that have been responded to but require additional resolution time, or requests that cannot be answered due to causes outside of our direct control.

99.9% Guaranteed Availability

Outcrop understands the importance of having a continuously available web site and guarantees a server availability (or “uptime”) of 99.9%, calculated monthly. Our services are considered available if they respond to external PING requests from at least two different external monitoring services.

Any scheduled maintenance outage will not be considered when computing monthly uptime. Sporadic or localized outages due to Internet network conditions outside of our control will also not be considered when computing monthly uptime, nor will incorrect DNS or account manipulations by the Client, including programming errors or script errors.

Renewals

Outcrop will generate renewal invoices automatically for all your active services at least 15 days prior to their expiration date. When we generate a new invoice, we’ll send you an email with a copy of the invoice.

Unless otherwise requested, Outcrop will attempt to charge the payment method on file 5 days prior to your invoice’s due date. If you do not wish to renew a service, please submit a service cancellation request at least 10 days prior to your service’s renewal date in order to avoid being charged for its renewal. Once charged, renewals are non-refundable.

Expired services can be suspended if left unpaid by their due date and may be permanently deleted, at Outcrop’s sole discretion. Reactivating suspended services may incur additional fees.

You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. Services not paid on their due date risk being suspended, and may be terminated permanently shortly after, at Outcrop’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply.

Payments

Services are billed on a recurring basis, as per your selected plane. Payment is due before the start of the service period. All fees are non-refundable unless otherwise specified in a specific service agreement.

Outcrop accepts payments by Visa, Mastercard. For amounts exceeding C$50.00, Outcrop also accepts non-automated payments by cheque, wire/bank transfer.

All payments must be made in Canadian dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice will carry an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Chargebacks or bounced checks due to insufficient funds will incur additional fees of C$50.00, plus taxes.

All non-automated payments (checks, wire transfers, money orders, or Interac e-transfers) must be made for a minimum total amount of C$50.00. Any amount paid exceeding the invoiced amount will be added to your account in the form of account credit to be used for future payments. Non-automated payments of less than C$50.00 are subject to a C$20.00 administrative fee, plus applicable taxes.

Chargebacks and Reversals

In the event you issue a chargeback or reversal of charges with your banking institution you will be responsible for a $50.00 chargeback fee, plus the full amount of your original transaction, plus applicable taxes.

Bounced checks returned by Outcrop’s banking institution due to insufficient funds will incur a penalty of $35.00, plus the full amount of the original transaction, plus applicable taxes.

All services on your account may be suspended and domain names ownership may be transferred to Outcrop until the chargeback fee is settled in full.

Disclaimer and Limitation of Liability

SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, OUTCROP DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY OUTCROP, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE OUTCROP WEB SITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE OUTCROP WEB SITE, THE USER EXPRESSLY AGREES THAT OUTCROP MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY OUTCROP, EITHER DIRECTLY OR THROUGH A RESELLER AND THE Outcrop WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE OUTCROP WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE OUTCROP WEB SITE, OUTCROP INCLUDES LINKS TO OTHER WEB SITES FOR WHICH OUTCROP HAS NO CONTROL. OUTCROP DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST OUTCROP IN CONNECTION WITH SUCH WEBSITES; AND (iii), OUTCROP MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. OUTCROP DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
OUTCROP WILL IN NO EVENT BE LIABLE REGARDING THE OUTCROP WEB SITE OR ANY OTHER RELATED WEBSITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF OUTCROP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ALTHOUGH OUTCROP ENDEAVORS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT OUTCROP NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.

Indemnification

You agree to indemnify and hold Outcrop harmless from any and all claims, losses, damages, liabilities, including legal fees, arising out of your use of the Services provided by Outcrop.

Entire Agreement

This Agreement, related policies found at Outcrop Legal Agreements and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OUTCROP MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency regarding this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority and these Terms and Conditions will take second priority in interpreting the parties’ rights and obligations.

Force Majeure

Outcrop will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Outcrop liable for any of the consequences of such interruptions.

Trademarks and Copyrights

The names Outcrop Communications Ltd., outcrop.com, as well as the logos associated with these names are trademarks owned by Outcrop. Any use of these trademarks is strictly prohibited without the prior written consent of Outcrop. In addition, all names and trademarks belonging to third parties and appearing on the Outcrop Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The Outcrop Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright. You can view and download the information contained on the Outcrop Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without Outcrop’s prior written consent is prohibited.

Questions and Concerns

If you would like more information about Outcrop’s Terms and Conditions, please contact Outcrop via our helpdesk. Please contact us with your questions and concerns and we will deploy our best efforts to assist you.

Complaints

Complaints or policy violations must be reported to [email protected] or by mail at Outcrop Communications Ltd., 5109 48th St, Unit 203 Yellowknife, NT X1A 1N5 Canada.

Severability and Survival

Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.

The following provisions will survive termination of these Terms and Conditions (including termination of any service thereunder) or any related policies: (a) any obligation of you to pay for services used or services rendered before termination; (b) provisions relating to disclaimers, limitation of liability, or indemnification; and (c) any other provision that must survive to fulfill its essential purpose.

Applicable Law and Jurisdiction

This Agreement and its interpretation are subject to the applicable laws of the territory most applicable to the location of the work – either Northwest Territories, Nunavut and Yukon; and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the applicable district, including disputes regarding the Agreement’s interpretation and its effects.

Non-Solicitation of Employees

During the time you are a client with us and for 12 months following you are not permitted to:

Encourage or solicit an Employee to complete work for you outside of the Company;
Recruit or attempt to recruit an Employee of the Company; or
Hire or engage an Employee or former Employee whose employment agreement will have ended less than one year prior to the date of recruitment.

Respectful Communications

We strictly prohibit any form of verbal abuse either from or towards our team members and clients. This includes but is not limited to, offensive, threatening, or discriminatory language, profanity, personal attacks, intimidation, or any form of harassment.