1Agreement, orders and scope
1.1 Parties and customers. These Terms of Service (the “Terms”) govern purchases from Printing Nest LLC, a California limited liability company operating as Help My SEO (the “Agency”, “we”, “us” or “our”). “Customer”, “you” and “your” mean the person or organization identified at checkout or in an accepted quote. A person placing an order for an organization represents that they have authority to do so. Consumer rights that cannot lawfully be waived remain effective.
1.2 Acceptance and records. You accept these Terms by affirmatively agreeing at checkout, accepting a written proposal, or signing an order that incorporates them. We keep a record of the accepted version, timestamp, order contents and pricing. Where required, we provide an electronic copy of the agreement capable of being saved and printed.
1.3 Order and scope. Your order confirmation, accepted proposal or statement of work (each an “Order”) defines the services, package, platform, page count, included product listings and variants, integrations, deliverables, fees, and schedule (the “Scope”). Anything not expressly included is excluded. A change requires our written acceptance and may result in additional fees and revised timing.
1.4 Order priority. A mutually signed change order governs the change it describes, then an accepted custom Order controls its expressly negotiated project-specific terms, and these Terms control other matters. Website marketing copy is a summary, not a substitute for the accepted Order.
1.5 Custom work. Sites exceeding 25 pages, stores exceeding 250 product listings, custom software or integrations, and enterprise implementations require an individualized written proposal and are not offered through standard self-service checkout.
1.6 Order acceptance. An online submission is an offer to buy. The Agency may decline an order before accepting it for a lawful reason, in which case any amount collected for the declined Order will be returned. Once accepted, the final-sale project policy in Section 2 applies.
2Final-sale projects, fees and payment authorization
2.1 FINAL SALE — PROJECTS ARE NON-CANCELLABLE AND NON-REFUNDABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVERY ACCEPTED ONE-TIME PROJECT ORDER IS FINAL; THE CUSTOMER MAY NOT UNILATERALLY CANCEL IT, AND ALL PROJECT PAYMENTS, INCLUDING DEPOSITS, BUILD FEES, RUSH FEES AND APPROVED ADD-ONS, ARE NON-REFUNDABLE. This applies whether or not the Customer subsequently changes its mind, changes its business plans, fails to provide materials or chooses not to launch. Section 2.1 does not override mandatory consumer cancellation rights, statutory remedies, a refund expressly promised under Section 4.6, or remedies for our material breach that cannot legally be excluded. Monthly subscriptions are governed separately by Section 5.
2.2 Payment schedule. Standard website builds, online stores, New Business packages and industry packages require a 50% project deposit upon acceptance/checkout. The remaining 50% (“Balance”) is due at Project Acceptance under Section 6.3 and, in all cases, before we launch or hand over final project deliverables. The Customer is liable for the full Balance whether the project is completed, abandoned or disputed (see Section 9.1). Rush fees are added to the project price before the 50% deposit is calculated. An Order may expressly use a different schedule.
2.3 One-time services. Audits, speed optimization, logo/branding packages, strategy sessions and stand-alone one-time add-ons must be paid in full at checkout. They are final-sale project purchases under Section 2.1, subject to all non-waivable rights.
2.4 Project Acceptance billing trigger. We will send a written completion/review notice describing the deliverables available to review. The Balance becomes payable upon written acceptance, public use or the conclusion of the seven-calendar-day review period without an identified in-scope defect, whichever occurs first. A timely written notice of a reproducible in-scope defect pauses this billing trigger only for the materially affected deliverable until we have made the agreed correction available for review. Failure to provide credentials, content or deployment approval does not postpone payment once the agreed work is otherwise completed and reviewable.
2.5 Saved payment method and future charges. If you separately authorize storage and future billing, our payment processor (such as Stripe) may securely save your payment method and charge only amounts and circumstances disclosed at checkout or approved in writing: the Balance when due, disclosed recurring subscription charges, expressly approved change orders and applicable taxes. We do not retain full card numbers on our servers. We will not treat the mere existence of a saved card as approval for unspecified work or charges.
2.6 Additional work. Work outside Scope, extra revision rounds, extra product imports, new integrations and post-launch change requests require our written approval and your acceptance of the price or a maximum authorized budget. Unless a separate quote says otherwise, the standard additional-work rate is CA$165 per hour plus applicable tax; additional work may affect delivery dates.
2.7 Failure to pay. We notify you of a declined charge and provide a reasonable opportunity to cure. If a payment is more than seven calendar days overdue, we may pause work, withhold final publication or paid deliverables, or begin the subscription suspension procedure in Section 5.9. Overdue undisputed business-to-business amounts may bear interest at 1.5% per month or the lawful maximum, whichever is lower; consumer charges are limited to what applicable law permits. Reasonable collection expenses may be sought where legally recoverable.
2.8 Billing concerns. Contact us promptly about billing concerns. We will investigate and attempt to resolve disputes in good faith. Nothing in these Terms restricts lawful card disputes, chargebacks, consumer complaints or statutory remedies, and we do not impose an automatic dispute-filing penalty.
2.9 Currency. All Agency prices and transaction amounts are expressed in CAD unless the Order explicitly states otherwise. Foreign-exchange charges assessed by a bank or card issuer are the Customer’s responsibility.
3Strategy Session credits
3.1 When a paid Strategy Session is completed, we provide a one-time promotional credit equal to the paid session fee, for use toward one new Order for a website, e-commerce store, New Business or industry package, or business plan placed within 30 calendar days after the session. It cannot be used on other services, including speed optimization, website audits, logo and branding, social media page setup or another Strategy Session. It is non-transferable, not redeemable for cash and cannot be combined with other offers unless expressly authorized.
3.2 A session missed without at least 24 hours’ advance notice does not qualify for a promotional credit. One rescheduling request with at least 24 hours’ notice is permitted, subject to availability and mandatory legal rights.
4Scheduling, client delays and rush work
4.1 Business days and time zone. A “Business Day” is Monday through Friday, excluding applicable public holidays in Ontario. Working hours and deadlines use Eastern Time (Ontario) local time. Materials received after 5:00 p.m. local time are treated as received on the next Business Day.
4.2 Start of project clock. Published turnaround estimates begin on the first full Business Day after we have received the required payment, completed intake, approved source text, imagery, logo files, product catalog and applicable access credentials or DNS details (“Complete Content”). Partial or unusable submissions do not start the clock. We will identify material missing requirements within a reasonable time.
4.3 Rush services. Rush fees are 50% of the build price unless a specific Order states otherwise. Eligible three-, five- and ten-page rush website packages target delivery for review by the end of the second Business Day after the project clock begins. Eligible Basic and Standard rush stores target five Business Days; eligible Pro rush stores target five to ten Business Days, as specified in the Order. “Delivery” means availability for review, not unconditional public launch. Rush availability and the specific deadline must be confirmed at checkout.
4.4 Customer-caused pauses. If required material, feedback or approval remains outstanding for five Business Days after our written request, the schedule is paused. After 30 calendar days of continuous inactivity, we may archive the project with notice. If reactivation entails additional administrative or scheduling work, the published restart fee of CA$200 applies after we obtain your approval. Archiving does not cancel the Order: the remaining Balance becomes due when the project is archived, and approved completed work remains payable, subject only to non-waivable legal rights.
4.5 Delivery estimates. Standard and rush turnaround targets are good-faith estimates, not guaranteed completion dates unless an Order expressly states a binding date. Any legally mandated delivery, performance or cancellation rights remain in effect.
4.6 Rush delay remedy. If we miss a confirmed rush target by more than three Business Days solely for reasons within our reasonable control, the Customer may request reimbursement of the rush premium. This express exception applies to the rush premium only and does not make the underlying project refundable. It does not limit remedies the law requires.
5Required managed plans, subscriptions and cancellation
5.1 Required plan with builds. Each qualifying website/store build includes a mandatory recurring Agency-managed plan identified and priced in its Order. For WordPress/WooCommerce sites, the required plan includes Agency-managed website hosting while we host the site. For Shopify stores, the required plan is Agency care/support: Shopify itself hosts the store, and the Customer contracts separately with and pays Shopify for its platform plan, apps and transaction fees. The Agency does not claim to host Shopify infrastructure.
5.2 Services within plans. Hosting, Care and Care Plus include only the items expressly identified in the chosen package description or Order. Content edits are excluded unless a Monthly Edits add-on is purchased. That add-on includes up to one hour of eligible editing per paid month, with unused time expiring at month-end and not carrying forward. Time-consuming redesigns and new features require a separate quote.
5.3 Activation, billing and renewal. The subscription activation date (“Activation Date”) is the date we first make the managed service available and notify you, ordinarily the live-site launch date. If launch is delayed solely by the Customer after Project Acceptance, we may activate a provisioned hosting/care service after giving written notice of the intended Activation Date at least seven calendar days ahead. The chosen plan is billed monthly, in advance, at the expressly displayed rate and renews automatically until cancelled as described below.
5.4 THIRTY-DAY SUBSCRIPTION NOTICE. For business subscriptions and wherever legally permitted, you must give at least 30 calendar days’ advance cancellation notice through the customer billing portal or by written notice to info@helpmyseo.ca. For such accounts, termination takes effect at the end of the first paid monthly billing period whose next renewal date is at least 30 calendar days after receipt of notice; any intervening renewal is payable. We will confirm the effective date promptly. There is no separate cancellation penalty.
5.5 Mandatory consumer cancellation exception. Where consumer or automatic-renewal law gives you a right to cancel more quickly or without advance notice, that law controls. In particular, a covered California consumer who subscribed online may terminate recurring enrollment online at will without a 30-day notice requirement, using a direct account link or other compliant online method. We will promptly stop future automatic renewal charges; previously accrued lawful charges and service already paid for are handled as required by law. Nothing in Section 5.4 delays or obstructs a legally protected cancellation.
5.6 No retroactive subscription refunds. Except where law requires otherwise or we expressly agree in writing, fees for completed subscription billing periods are not refundable. Cancellation of a subscription does not cancel or refund an independently purchased one-time project.
5.7 Price changes and subscription notices. We will give at least 30 days’ advance notice of a proposed price increase or material subscription change, together with applicable cancellation options. If mandatory law requires longer notice, consent or specific reminders, we will comply before implementing the change.
5.8 Exit and migration. Cancellation does not include any copy, export or backup of the website, files, database or email. A Customer who is cancelling and moving to another provider must request a migration quote in writing. We assess the cost based on the time required to back up, package and provide the files, and migration work begins only after the quote is accepted and paid in full. Domain names and customer-owned platform accounts (such as Shopify, payment gateway and merchant accounts) remain the Customer’s property. Agency-owned premium licenses and managed-only services end when the plan ends.
5.9 Suspension and deletion. Hosting non-payment, suspension and deletion are governed by Section 16.5. Suspension for serious security threats, unlawful use or unlawful content may be immediate.
5.10 Acceptable use. Our managed systems may not be used for unlawful activity, intellectual-property infringement, phishing, unauthorized bulk messaging, malware, harmful network activity, or other activities prohibited by applicable hosting-platform policies. Restricted high-risk uses require our prior written approval, and platform-provider rules also apply.
6Reviews, acceptance and defect corrections
6.1 Project process and included revisions. Every fixed-fee build follows these steps: (1) the Customer sends all required content and files; (2) we start work, and the turnaround clock starts under Section 4.2; (3) we prepare a preliminary design; (4) we share the draft for review; (5) the Customer sends one consolidated set of edits in a single email; (6) we prepare the final draft; (7) the remaining Balance is paid under Section 2.4; and (8) we launch. Each build includes that one set of in-scope edits at the preliminary stage unless its Order states otherwise. Edits requested after that set, new design directions, and additions to the scope discussed by phone or email are additional work, quoted case by case at the hourly rate in Section 2.6 before we begin. Until handover, only the Agency makes design changes; changes made by the Customer or anyone else are not covered by Section 6.4.
6.2 Review and testing. We will provide a reasonable opportunity to inspect deliverables against the accepted Scope. Store projects will be checked for the agreed checkout, contact forms, product display and shipping/tax configuration based on test data and credentials provided by the Customer. Live merchant account approval and third-party performance are outside our control.
6.3 Project Acceptance. A project is accepted when the Customer approves it in writing, begins public or commercial use of the deliverable, or fails to identify a reproducible material in-scope defect in writing within seven calendar days after our completion/review notice. Acceptance does not waive any non-waivable consumer protections or the defect correction commitment below. In-scope defects reported within the review period will be assessed and corrected without an extra project fee.
6.4 Thirty-day defect corrections. For 30 calendar days following initial public launch, we will correct without additional labor charges reproducible defects in Agency-created work that materially prevent it from performing the functionality expressly stated in the accepted Order. This excludes new features, content revisions, third-party outages, platform changes, Customer edits, plugin conflicts introduced by others and problems caused by inaccurate Customer materials. Mandatory warranties and remedies, if any, prevail.
6.5 Communication. Scope approvals, revisions, change orders and defect notices must be documented in email or our project management system; phone or text discussions are not binding changes unless subsequently confirmed in writing. All project communication goes through one email address chosen by the Customer, so the whole project stays in one record. Each fixed-fee build includes two virtual meetings: one at the preliminary design stage and one at the final design stage. Further meetings are additional work under Section 2.6.
7E-commerce store-specific requirements
7.1 Product catalog and imports. Included product counts mean the number of distinct listings and variants expressly specified in the Order. Customer-provided spreadsheets, photos, category structures, pricing, inventory, SKUs, tax settings and shipping dimensions must be complete and accurate. Duplicate cleanup, variant normalization, custom feeds, bulk imports beyond Scope and catalog migration may require additional fees.
7.2 Third-party platform charges. The Customer is the merchant of record for sales made through its store unless separately agreed otherwise, and owns or controls its Shopify/WooCommerce, payment gateway, bank, shipping and domain accounts where practical. Shopify plans, paid themes/apps, payment processing, gateway reserves, chargebacks, sales tax filings, email/SMS services, shipping labels and third-party subscriptions are not included unless expressly listed in the Order.
7.3 Business compliance. The Customer is responsible for consumer-facing store policies, sales practices, permitted product claims, privacy notices, cookie consent, tax registrations, shipping obligations, accessibility compliance, returns/refunds to its own buyers, industry-specific obligations, fraud review and required merchant approvals, unless an Order expressly assigns a particular technical task to us. We are not acting as legal, accounting or tax counsel.
7.4 Checkout and security. We configure identified gateway connections using approved providers and the credentials the Customer supplies. We do not process or retain the Customer’s shoppers’ full card information on Agency systems as part of a standard build. Payment providers and merchant accounts are subject to their independent terms, PCI-related obligations and ongoing requirements. We cannot guarantee transaction approvals or protection from all fraud.
7.5 Launch verification. Before launch, the Customer must review product details, pricing, tax and shipping calculations, mobile layouts, checkout and confirmation messages, and complete any final live-transaction testing that requires its merchant account. An accepted Order may include agreed training or handover sessions; unlisted training is excluded.
8Intellectual property, licenses and portability
8.1 Prepayment rights. Until the relevant Order is paid in full, the Agency retains rights in unpublished project-specific deliverables to the extent law permits; the Customer receives a limited permission to inspect review copies. Nothing in this clause transfers or encumbers pre-existing materials supplied and owned by the Customer.
8.2 Final custom deliverables. Upon payment in full, and provided the Customer is in compliance with these Terms, the Customer owns original final custom graphic designs, logo artwork and customer-specific authored website content expressly created for it, excluding Agency Background Materials and third-party materials. The Agency retains ownership of methods, know-how, reusable code, libraries, templates and general design components existing before or independently of the Order (“Background Materials”), and licenses any embedded Background Materials on a perpetual, nonexclusive basis for use with the paid deliverable, subject to third-party dependencies.
8.3 Third-party rights. WordPress, Shopify, themes, plugins, typefaces, photography, stock assets, payment providers and other tools remain subject to their owners’ licenses, policies and charges. Where a third-party license is supplied only through an active Agency subscription, its continued use, updates or support may require the Customer to obtain a replacement license upon exit.
8.4 Portfolio and footer attribution. We may display non-confidential portions of completed public work in the Agency portfolio. Every website we design, build or host carries the footer credit “Web Design & Hosting by Mississauga Consulting & OC Consulting Group.” with links to our websites. This credit is a condition of the work, remains on the website indefinitely, including after cancellation, migration or transfer, and may not be removed or altered without our written consent. The credit does not disclose confidential details or imply a client endorsement.
8.5 Access and domains. Customer-owned domain registration and merchant accounts should be maintained in the Customer’s legal name where supported by the provider. The Customer is responsible for keeping those accounts and domains renewed unless the Order expressly assigns that function to us.
8.6 Reservation of rights. All rights not expressly granted to the Customer in these Terms are reserved by the Agency.
9Order termination and customer inactivity
9.1 No voluntary project cancellation. After an Order is accepted, a Customer request to abandon, postpone indefinitely, transfer or stop a fixed-fee Project does not cancel the Order or create a right to a refund. We may mutually agree in writing to an alternative schedule or settlement, but are not obligated to do so. The Customer remains liable for the full remaining Balance whether the Project is completed, abandoned, postponed, transferred or disputed. The Balance becomes due at Project Acceptance or, if the Project is abandoned, when it is archived under Section 4.4, subject only to non-waivable legal rights.
9.2 Agency termination. We may end an Order or service at any time and for any reason, including a Customer breach, unlawful use or a security risk. All fees paid are non-refundable regardless of the reason for termination or which party is at fault, except only where a refund is required by law that cannot be excluded (Section 15.5).
9.3 Legal exceptions. Sections 2 and 9 do not limit a consumer’s valid statutory cancellation or rescission rights, legally required refunds, or claims for the Agency’s material nonperformance. Any purported waiver is ineffective to the extent prohibited by applicable law.
10Taxes
10.1 Prices exclude applicable GST/HST and any other transaction tax that the law requires us to charge. The applicable place-of-supply and export rules determine the rate; Ontario HST is generally 13% for taxable supplies in Ontario, while eligible exported services may be zero-rated. Taxes charged will be shown at checkout and on receipts.
10.2 You must provide an accurate billing location and valid tax exemption or registration documentation before checkout where relevant. You are responsible for tax information and filing obligations associated with transactions you conduct through your own store.
10.3 If applicable tax law changes, taxes on future payments and renewed service periods are assessed as required at the relevant taxable time, with notice where applicable.
11Privacy, confidentiality and data handling
11.1 Customer data and privacy. The Customer retains its rights in its data, client lists and store content. The Agency accesses or processes personal data only as reasonably necessary to deliver the agreed services and consistent with the applicable privacy policy and any required data processing agreement. The Customer is responsible for providing lawful notices and authorizations for data it asks us to process.
11.2 Confidentiality. Each party will protect the other party’s nonpublic confidential information with reasonable care and use it only to perform or exercise rights under the Order. Confidentiality does not cover information already public without breach, rightfully known, independently developed or legally required to be disclosed, provided lawful notice is given where permitted.
11.3 Backups and incident response. For Agency-hosted WordPress plans, we aim to perform daily operational backups and apply reasonable access controls and security updates appropriate to the selected plan. Backup retention, restoration support and any recovery target are only as expressly described in that plan; daily backups are not a guarantee of zero data loss. For Shopify, primary infrastructure and platform backups are controlled by Shopify. Each party will cooperate reasonably regarding suspected security incidents affecting its systems or data.
11.4 Data export and retention. On expiry or termination, the Agency has no obligation to provide copies or exports of Customer data or website files except under an accepted and paid migration quote under Section 5.8. We retain or delete data in accordance with Section 16.5, our privacy policy, legal duties and hosting-provider capabilities. The Customer must keep its own copies of critical content and account credentials.
12Disclaimers, liability and indemnities
12.1 No guaranteed business outcomes. We do not guarantee search-engine rankings, traffic, ad performance, leads, sales, revenue or acceptance by third-party marketplaces. Speed and performance metrics are point-in-time targets that can change with hosting, browsers, scripts, content and platform updates.
12.2 Limited service warranties. Subject to the explicit 30-day defect correction commitment and rights that law does not allow us to exclude, deliverables and third-party-dependent services are supplied on an “as available” basis. We do not warrant uninterrupted hosting, error-free third-party software or constant availability.
12.3 Excluded damages. To the fullest extent lawful, neither party is responsible to the other for indirect, special, incidental, consequential or punitive damages, including lost business opportunity, revenue, goodwill or anticipated savings, arising from the services. This does not exclude losses or remedies that applicable law prohibits excluding.
12.4 Agency liability cap. To the fullest extent lawful, our aggregate liability arising from a one-time Project is limited to the total fees paid or payable for the affected Project. For a standalone recurring service claim, our aggregate liability is limited to the amount paid or payable for that service during the 12 months immediately before the event giving rise to the claim. These limits do not apply to fraud, intentional misconduct or other liability that cannot lawfully be limited.
12.5 Third-party claims. To the extent lawful, the Customer will defend and indemnify us against third-party claims directly resulting from Customer-supplied infringing content, unlawful product listings, false claims, or breach of applicable law, except to the extent a claim results from our own wrongful conduct. Our rights to defense and settlement control are subject to reasonable cooperation and legal limits.
12.6 Permissions and releases. The Customer will indemnify and hold the Agency harmless against all claims, costs and expenses, including reasonable attorney’s fees, arising from materials included in the work at the Customer’s request for which no copyright permission or privacy release was obtained, or whose use goes beyond what a permission or release allows.
13Events outside reasonable control
13.1 Neither party is liable for delay or inability to perform caused by events beyond its reasonable control, including natural disaster, government action, labor disruption, platform-wide service failures, internet or utility outages, major cyber incidents and significant personnel emergencies, provided it takes reasonable steps to mitigate the impact and communicates material delays. Financial inability to pay is not itself force majeure.
13.2 Affected schedules extend by the period reasonably required. If a qualifying event prevents substantial performance for more than 30 consecutive calendar days, either party may request written termination of the unfinished portion; payment allocation, any refund and further rights will be determined by the delivered work and applicable law.
14Disputes and applicable law
14.1 Governing law and forum. Subject to mandatory consumer protection rules and any non-waivable rights relating to jurisdiction, the laws of Ontario and the federal laws of Canada applicable there govern the Order, and disputes will be brought in courts of competent jurisdiction in Ontario, ordinarily Peel Region where legally appropriate. This clause does not deprive a consumer of a forum or remedy that applicable law requires to remain available.
14.2 Good-faith discussion. Before commencing ordinary litigation, the parties should give written notice of the concern and attempt good-faith resolution for up to 30 calendar days where practical. This does not delay deadlines, card-network rights, statutory complaints, urgent relief or consumer cancellation rights.
14.3 No mandatory pre-dispute arbitration. These Terms do not require binding arbitration or waive class proceedings or consumer rights. The parties may separately agree to mediation or another lawful dispute process after a dispute arises.
15Notices and general provisions
15.1 Notices. Official Order and billing communications may be sent electronically to the contact provided at checkout. Customers may send notices and subscriptions cancellation requests to info@helpmyseo.ca or the designated customer portal. We will acknowledge eligible cancellation requests and identify any lawful effective date.
15.2 Updates to these Terms. The version accepted for a fixed-fee Order governs that Order, unless the parties agree otherwise. Updates for an ongoing subscription will be provided with required advance notice and cancellation rights; changes do not retroactively remove non-waivable rights.
15.3 Entire agreement and severability. These Terms, accepted Order, signed changes and linked applicable service schedules form the agreement. If one provision is unenforceable, remaining provisions continue to apply to the extent lawful. A failure to enforce one provision is not a waiver of future enforcement.
15.4 Assignment and subcontractors. The Customer may not transfer its contractual obligations without our written agreement, except as law provides. We may use qualified subcontractors and remain responsible for our contractual obligations. No partnership, employment or agency relationship is created between the parties.
15.5 Consumer rights prevail. Nothing in these Terms waives a right, remedy, cooling-off rule, cancellation right, mandatory disclosure or statutory warranty that cannot legally be excluded or restricted. If these Terms conflict with applicable mandatory consumer law, that law controls.
16Pre-authorized debits (PAD/EFT), hosting non-payment and account terms
16.1 How this section applies. This Section 16 carries forward the payment-authorization, hosting and account provisions of the Agency’s prior terms and conditions. It supplements Sections 1 to 15. For pre-authorized debits (PAD/EFT), pre-authorized card billing and non-payment of web hosting, this Section 16 governs over any inconsistent provision of Sections 1 to 15, subject always to Section 15.5 (Consumer rights prevail).
16.2 PAD cancellation. Without limiting the generality of section 15 of Payments Canada Rule H1 (Pre-Authorized Debits) and the related Rules and Standards, in each Payee Letter of Undertaking the Payee shall agree that, subject to the expiry of any reasonable cancellation notice period, not to exceed 30 days, that has been clearly set out in any agreement between the Payor and a Payee (including in a Payor’s PAD Agreement), upon receipt by the Payee of any written or otherwise oral communication from a Payor clearly instructing the Payee to cease issuing PADs or otherwise revoking a Payor’s PAD Agreement or an Authorization to issue PADs, the Payee shall use best efforts to cancel the PAD in the next business, billing or processing cycle but shall within not more than 30 days from the notice cease to issue any new PADs against that Payor and not issue any further PADs against that Payor unless and until that Payor provides the Payee with a new Payor’s PAD Agreement. If you have pre-authorized a credit card, a 30-day cancellation policy will be in effect as well, unless your written agreement states otherwise. All services require a minimum 30-day notice to cancel, subject to Section 5.5.
16.3 Notices of change. In each Payee Letter of Undertaking, the Payee shall undertake and agree to (a) accept and act on any notice of change of a Payor’s payment routing information that it receives from its Sponsoring Member that was provided to the Sponsoring Member by the Payor’s Processing Member in relation to an administrative change to that information by the Processing Member pursuant to Rule F1 or F4, as applicable, and (b) deem such notice of change to be that Payor’s authorization to change its relevant payment routing information, provided that the Payee’s Sponsoring Member shall be responsible to the Payee only for the accuracy of information provided in any such notice of change that it provides to the Payee.
16.4 Re-presentment. Each Payee Letter of Undertaking shall provide that upon the return of a PAD for reason of “Non-Sufficient Funds” or “Funds Not Cleared”, the Payee may re-present the PAD electronically on a one-time-only basis for the same amount as the original debit, and such item may only be re-presented within 30 days. The Payee Letter of Undertaking shall specifically state that a re-presentment shall not contain interest, NSF charges or any other charges in addition to the original PAD amount.
16.5 Web hosting non-payment and deletion. Any overdue payment for web hosting is subject to a late fee as stated on the invoice sent to you. After 7 days overdue we will contact you to see if we can be of any assistance. After 14 days overdue we disconnect the service and the hosted website, files, databases and email are permanently deleted from our servers. No copy or export of the website or data is provided except under a paid migration quote under Section 5.8. The Customer is responsible for keeping its own copies.
16.6 Right to suspend, terminate and refuse service. The Agency reserves the right to cancel, terminate, suspend and/or expunge a client’s contract(s), agreement(s), service(s), website(s) and/or data at any time for any reason. Such termination of the service will result in the deactivation or deletion of your account or your access to your account and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time. Fees paid are non-refundable regardless of the reason for termination, as set out in Section 9.2.
16.7 Website use. The contents of the Agency’s website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. You agree to indemnify the Agency against actions, claims, proceedings or liabilities arising from your misuse of the website, subject to Section 12.
