Hosting Services Agreement

In this Agreement, "We," "Us," and "Our" refer to Novusbyte Inc. "You" and "Your" refer to the Client who is purchasing Our services. If you are an agency, consultant, or any other third party acting on behalf of a client, you represent and warrant that you have the necessary authority to bind your client to this Agreement. The client remains fully responsible for any actions you take on their behalf, including any violations of this Agreement.

This Hosting Services Agreement (the "Agreement") is entered into by and between Novusbyte Inc. ("We," "Us," or "Our") and the Client ("You" or "Your"), effective as of the date You accept this Agreement. This Agreement outlines the terms and conditions under which We will provide web hosting services to You.

1. Services Provided

We will handle all the design, content integration, and website setup tasks based on the template You choose. Your role is simply to pick the template You like and provide us with the necessary content and images.

We offer different monthly hosting plans, each including a set number of content changes per month. We take care of all the server maintenance. If You need more changes than what’s included in Your plan, We can make those adjustments for an additional fixed hourly rate.

2. Termination Clause

If You want to terminate the services, You need to give us at least 7 days' notice before Your next billing cycle. If You give notice less than 7 days before the next billing cycle, Your termination will take effect at the end of the following billing cycle. If You terminate the service, it will continue until the end of the current paid period, and no refunds will be issued for any unused portion of the services unless Your specific service plan or agreement says otherwise.

When the service ends, We will erase Your content and data from Our servers within 30 days, unless We agree otherwise in writing. You can request a copy of Your data during this 30-day period, and We will provide it, subject to any applicable fees.

We reserve the right to terminate Your account immediately if We detect a severe breach, such as copyright infringement, illegal activity, or hate-based activity. For less severe breaches, We may give You 7 days to fix the issue, after which We may suspend or terminate Your account if the problem isn’t resolved.

Either You or We can terminate this Agreement for convenience by giving 7 days' notice. If the Agreement is terminated for convenience, You are responsible for returning or destroying all proprietary information within 7 days and making any final payments immediately upon termination. If You don’t meet these obligations, We may take legal action or withhold Your data until You comply.

Confidentiality obligations, as detailed in the Confidentiality section of this Agreement, will survive the termination of this Agreement. However, We may disclose information if required by law, such as in response to court orders or subpoenas.

…the short and sweet: If you want to cancel your service, let us know at least 7 days before your next billing date. If we need to cancel, we’ll do the same.

3. Payment Terms

You can choose from Our available hosting plans, which may include monthly or yearly payment options. Payment for all services, including hosting, setup fees, and any custom development work, must be made according to the schedule We agree upon. Some fees, like setup fees and custom development work, are non-refundable. If You cancel the services before We complete the project, We may invoice You for the work we have done up to the cancellation date. You agree to pay any invoice within 30 days of receiving it.

If We don’t receive Your payment by the due date, Your account may be suspended after a grace period of up to 10 days, at Our discretion. During this time, We will notify You and give You a chance to resolve the issue. If payment isn’t received within the 10-day grace period, We may terminate Your account. We may also charge a late fee of $10 for delayed payments, depending on Your circumstances.

Please note that if You terminate this Agreement, You won’t receive a refund for any fees You have already paid. However, We may choose to waive or adjust late fees or extend payment deadlines on a case-by-case basis. Any information related to Your payments is protected by the confidentiality obligations outlined in the Confidentiality section of this Agreement.

…the short and sweet: Pay your bills on time, and remember that some fees are non-refundable.

4. Intellectual Property Rights

We own all rights to the website templates, source code, and any tools We use to create custom 3D images. You own Your original content and any unmodified images You provide. By using Our services, You give us permission to use, modify, and display Your content as part of Our hosting services without paying any additional fees.

You agree that the website We host for You is tied to Our servers and is under Our control. This means You can’t transfer, duplicate, or move the website to another server or hosting service during or after this Agreement. We give You a non-exclusive, non-transferable right to use the selected website template on Our servers only. If You try to move or copy the website, We may immediately terminate this Agreement and take legal action if necessary.

The permission You give us to use Your content lasts as long as this Agreement is in effect. You promise that any third-party content You provide is properly licensed, and You have the right to use and share it with us. We will keep Your information confidential for 5 years after this Agreement ends, unless we are required by law to disclose it, such as in response to a court order.

You will keep full ownership of any 3D images You paid us to create as part of Your setup. You can use these images in their final formats (like JPG or PNG) as long as You don’t reverse-engineer, modify, or create new works from them. We retain ownership of all design files, source code, and any tools or software used to create these images.

…the short and sweet: You own your content, we own our templates and tools. By using our services, you let us use your content to provide the service.

5. Limitations of Liability

Our responsibility to You under this Agreement is limited. If something goes wrong, the most We will owe You is the total amount You have paid us in the last six months, either for a single issue or in total.

We can’t guarantee that Your website will always work perfectly, stay online 100% of the time, or meet Your specific needs, unless We’ve explicitly promised this in the Agreement. If any problems arise from the content You provide or the way You use Our services, You agree to cover any costs or damages that We might face, including legal fees.

You will need to handle any legal claims that come up because of Your actions or content. This includes paying for legal costs and getting Our approval before settling any claims that would affect us.

Our liability is strictly limited to direct issues that We caused. We are not responsible for any indirect, incidental, punitive, or consequential damages. The total amount We might owe You is capped, meaning it won’t exceed what we have agreed upon. Also, we are not liable for any third-party services or integrations You use with Our platform or for any future services We might introduce.

Confidentiality obligations related to liability discussions are governed by the Confidentiality section of this Agreement.

…the short and sweet: Basically, we’re responsible for what we do, but we limit how much we can be held accountable for, and there are some things we can’t be blamed for at all.

6. Data Backup Policy - Data Handling and Security

We back up Your content every week and take reasonable steps to keep these backups secure, including using industry-standard encryption. However, We can’t be held responsible for any data loss, corruption, or breaches that go beyond what Our backups cover. You understand that Our data handling and security measures apply only to the services We provide under this Agreement, and while We strive to protect Your data, We can’t guarantee absolute security against all potential threats.

We keep Your data backups for 30 days. After that, the backups are permanently deleted unless required by law or if You request otherwise. It’s important that You maintain Your own copies of critical data and make sure that any data You send to us is free from harmful code or vulnerabilities. You agree to protect us from any claims, damages, or losses that result from data loss, corruption, or breaches, unless such issues are directly caused by Our gross negligence or intentional wrongdoing.

If a data breach involving Your data occurs, We will notify You within a reasonable timeframe and take appropriate steps to mitigate the impact. Our responsibility in these cases is limited to the actions described in this section, and We are not liable for any indirect or consequential damages resulting from the breach. We also aren’t responsible for any breaches or security issues caused by Your negligence, failures of third-party services, or external attacks that are beyond Our control.

…the short and sweet: We’ll keep your data for 30 days after you end your service, then we delete it. If you need it sooner, just ask.

7. Force Majeure

We won’t be held responsible for not fulfilling Our obligations under this Agreement if something beyond Our control happens. This includes things like natural disasters, wars, cyber-attacks, government actions, pandemics, or any other unexpected events (collectively, "Force Majeure Events"). If such an event occurs, we will let You know as soon as possible and do Our best to get back to normal as quickly as We can.

If a Force Majeure Event lasts for more than 30 days and We are unable to fulfill Our obligations, either of us can terminate this Agreement without penalty, except for any fees owed for services We have already provided up to that point. You agree that We are not responsible for any losses, damages, or delays caused by these events, including any loss of data or service availability.

Our confidentiality obligations, as outlined in the Confidentiality section of this Agreement, will continue to apply during and after any Force Majeure events.

8. Client Responsibilities

You are responsible for making sure all content You provide to us is legal and that You have any necessary licenses or permissions for any third-party materials. Your content must comply with all applicable laws, including intellectual property laws, privacy laws, and any regulations about defamatory or harmful content. Additionally, Your content needs to meet Our policies and standards, which might include guidelines on what’s acceptable, quality standards, and operational requirements. Please note that We may update these policies and standards at any time without notice, and You agree to follow any such updates.

You agree to protect us from any claims, damages, or legal actions that arise from the content You provide. This includes issues related to copyright infringement, trademark violations, intellectual property disputes, or failing to comply with Our policies and standards.

You are also responsible for providing timely content and information needed for updates to Your website, keeping Your contact and payment information accurate, and promptly responding to any requests or questions from us to ensure Our services run smoothly. If You don’t do this, it could lead to delays, extra charges, or the suspension or termination of Your account.

If Your account is suspended or terminated due to a breach of these responsibilities, You may also face legal consequences, including the possibility of us seeking compensation for any damages incurred.

9. Confidentiality

Both You and We agree to keep all sensitive information, proprietary data, trade secrets, and any other non-public information shared under this Agreement ("Confidential Information") confidential and secure from unauthorized access. Confidential Information includes, but isn’t limited to, business strategies, financial information, client lists, intellectual property, and any other data marked as confidential or that a reasonable person would consider confidential.

Neither You nor We will disclose or use the other party’s Confidential Information for any purpose other than to fulfill the obligations under this Agreement. These confidentiality obligations will continue for 5 years after this Agreement ends. However, if required by law—like in response to a court order or subpoena—Confidential Information may be disclosed.

If You breach confidentiality, We reserve the right to seek injunctive relief and any other legal remedies to stop further unauthorized disclosure or misuse of the Confidential Information.

Exceptions to Confidentiality: Confidentiality obligations don’t apply to information that:

Was known to the receiving party before it was shared under this Agreement;

Is shared with the receiving party by a third party who has the right to do so without violating confidentiality obligations;

Is independently developed by the receiving party without using or referring to the disclosing party’s Confidential Information;

Becomes publicly available through no fault of the receiving party.

…the short and sweet: We’ll both keep each other’s private info safe and not share it with anyone unless the law says we have to.

10. Updates to Terms

We reserve the right to update, modify, or change the terms of this Agreement at any time, and We will give You reasonable notice if We do. We will notify You about any changes either by sending an email to Your registered email address or by posting the update on Our website. It’s Your responsibility to review the updated terms when You receive notice.

If You don’t agree with the updated terms, You can cancel this Agreement by emailing us at cancel@novusbyte.com within 7 days of receiving the update notice. If You continue to use Our services after the 7-day period, it means You accept the updated terms.

We will do Our best to make sure any updates don’t significantly reduce the level of service We provide to You without Your consent. However, We may need to make changes to comply with legal requirements or to improve the services We offer.

11. Data Collection and Privacy

Forms and Data Handling: The website templates We provide may include forms for things like newsletter sign-ups, contact inquiries, and reviews. Any data submitted through these forms, such as names, email addresses, and other personal information, will be forwarded to You. We might keep this data in Our server logs or backups for troubleshooting, security purposes, or as required by law.

Your Responsibility: You are responsible for making sure Your website complies with all applicable data protection laws, like GDPR, PIPEDA, CCPA, and others. This includes getting the necessary consents from Your website users, providing required notices, and securely storing any data You receive. You agree to protect us from any claims, damages, or legal actions that result from not following these obligations.

Our Role: In this context, We act as a data processor, meaning We handle the data only on Your behalf and according to Your instructions. We will take reasonable steps to keep the data secure, but it’s Your responsibility to ensure compliance with data protection laws beyond the data processing We do for You.

Data Breach Notification: If there’s a data breach involving Your data, We will notify You within a reasonable timeframe after discovering the breach. It’s Your responsibility to inform any affected users and take any further action required by data protection laws. Our role in these situations is limited to notifying You and providing reasonable assistance to help mitigate the effects of the breach.

Data Retention and Deletion: We will keep Your data for as long as needed to fulfill the purposes outlined in this Agreement or as required by law. When this Agreement ends, We will securely delete the data unless You request otherwise or the law requires us to keep it. You can also request the deletion of data at any time, as long as it doesn’t interfere with Our legal obligations or the fulfillment of this Agreement.

…the short and sweet: We’ll send you important info by email, so make sure your address is up to date.

12. Acceptable Use Policy

You agree to use Our services in line with all applicable laws and regulations and in accordance with this Acceptable Use Policy. The following activities are prohibited:

Illegal Activities: Engaging in any illegal activities, including but not limited to distributing illegal content, unauthorized access to systems, or breaking any laws or regulations.

Intellectual Property Infringement: Posting, transmitting, or storing any content that infringes on someone else’s intellectual property rights, including copyrights, trademarks, patents, or trade secrets.

Harmful or Malicious Activities: Distributing malware, viruses, or other harmful code; conducting activities that could harm Our network, servers, or other clients; or engaging in activities that disrupt the normal use of Our services by others.

Defamatory or Obscene Content: Posting or transmitting content that is defamatory, obscene, abusive, or otherwise objectionable, as determined by us at Our discretion.

Spamming and Unsolicited Communications: Engaging in spamming, phishing, or other forms of unsolicited communications, including sending bulk emails that violate applicable laws or regulations.

Circumvention of Security Measures: Attempting to bypass or undermine any security measures We have implemented, or engaging in activities that could compromise the security of Our systems.

We reserve the right to suspend or terminate Your access to Our services immediately and without notice if You engage in any of the prohibited activities outlined in this AUP. We may also take legal action against You for any damages or losses We incur as a result of these activities.

You are solely responsible for the legality and compliance of all content you provide to us, including obtaining all necessary licenses and permissions. You affirm that your content does not violate any intellectual property rights or applicable laws.

Confidentiality obligations, as detailed in the Confidentiality section of this Agreement, will continue for 5 years after this Agreement ends. However, We may disclose information if required by law, such as in response to court orders or subpoenas.

…the short and sweet: Don’t use our services to do anything illegal, harmful, or disruptive. If you do, we might have to shut down your account.

13. Account Security

You are solely responsible for keeping Your login credentials—like usernames, passwords, and any other security information—confidential and secure. It’s important that You take appropriate steps to protect Your account, such as using strong passwords, regularly updating them, and enabling multi-factor authentication if it’s available.

If You suspect that someone has accessed Your account without Your permission, or if there’s been a security incident, You must notify us immediately. We will help You respond to the security incident, but We can’t be held responsible for any loss or damage that happens because of Your failure to secure Your account or due to unauthorized access resulting from Your negligence.

You are responsible for all activities that occur under Your account, whether You have authorized them or not. You agree to protect us from any claims, damages, or losses that result from unauthorized access to Your account.

We may suspend or terminate Your account if We detect suspicious activities or if You fail to maintain adequate security measures. Confidentiality obligations, as detailed in the Confidentiality section of this Agreement, will continue for 5 years after this Agreement ends. However, We may disclose information if required by law, such as in response to court orders or subpoenas.

…the short and sweet: Keep your login info safe, and let us know if something seems off with your account.

14. Dispute Resolution and Arbitration

If any disputes arise related to this Agreement, including questions about its existence, validity, or termination, We will resolve them through binding arbitration in line with the rules of the [arbitration body, e.g., ADR Institute of Canada]. The arbitration will take place in Nova Scotia, Canada, and the arbitrator’s decision will be final and binding on both of us.

We will choose the arbitrator together. If we can’t agree on an arbitrator within 30 days of the dispute arising, the ADR Institute of Canada will appoint one. Unless we agree otherwise, each of us will cover Our own costs and expenses related to the arbitration, and we’ll split any shared costs equally.

Even though We are agreeing to arbitration, either of us can still go to court to seek a temporary order or other legal remedies to prevent the unauthorized use or disclosure of Confidential Information or to enforce the terms of this Agreement while arbitration is pending. However, these temporary measures won’t affect the final arbitration decision, which will be binding on both of us.

If either of us refuses to participate in the arbitration process or doesn’t follow the arbitration proceedings, the other party can go to court to compel arbitration or request that the arbitrator or court issue a default judgment against the non-complying party.

…the short and sweet: If we have a disagreement, we’ll try to work it out through arbitration. If that doesn’t work, we’ll go to court in Nova Scotia, eh?.

15. Governing Law

This Agreement is governed by the laws of Nova Scotia, Canada, without considering any conflicts of laws principles. Any disputes related to this Agreement, whether resolved through arbitration or litigation, will be handled exclusively by the courts of Nova Scotia, Canada.

We both agree that the courts of Nova Scotia have exclusive jurisdiction over any actions to enforce an arbitration award or to seek injunctive relief or other legal remedies as outlined in this Agreement.

…the short and sweet: This agreement is governed by the laws of Nova Scotia, Canada. You can enjoy some scallops and lobster.

16. Entire Agreement

This Agreement, including any exhibits, schedules, or attachments, is the complete and final agreement between us and You regarding the services We provide. It replaces all prior agreements, understandings, negotiations, and communications—whether written or verbal—related to these services.

Any changes, modifications, or waivers to this Agreement will only be valid if they are in writing and signed by both of us. If either of us doesn’t enforce any part of this Agreement, that doesn’t mean We are waiving Our right to do so later.

Both of us acknowledge that we’re not relying on any statements, promises, or agreements that aren’t included in this Agreement, and any prior agreements or understandings between us are not valid once this Agreement is signed.

…the short and sweet: This document is the full agreement between us, and it replaces anything we talked about before.

17. Severability

If any part of this Agreement is found to be invalid, illegal, or unenforceable by a court, that specific part will be removed from the Agreement, but the rest of the Agreement will still be fully effective. We both agree to work together in good faith to replace the invalid or unenforceable part with a valid and enforceable one that closely matches the original intent and purpose.

Removing any part of this Agreement won’t affect the validity and enforceability of the remaining sections, which will continue to be interpreted to fulfill the purpose of this Agreement.

…the short and sweet: If one part of this agreement isn’t enforceable, the rest still applies.

18. Notices

Any notices required or allowed under this Agreement must be in writing and will be considered delivered when sent by email to the following addresses:

For Us: Notices should be sent to: notifications@novusbyte.com (or the most current email address We provide for notices).

For You: Notices will be sent to the email address listed on Your account with us. It’s Your responsibility to make sure this email address is current and able to receive notices.

An email notice is considered delivered on the date it’s sent, as long as there’s no notice of delivery failure. Either of us can change Our designated email address for notices by providing the other party with written notice via email, according to this section.

…the short and sweet: It’s important for both of us to keep Our designated email addresses up to date.

19. Amendments and Waivers

Except for changes made under the Updates to Terms section, any changes, modifications, or waivers to this Agreement will only be valid if they’re in writing and agreed upon by both of us. These changes will only be binding if they’re clearly stated in a document that both of us sign.

If either of us doesn’t enforce any part of this Agreement at any time, it doesn’t mean we’re giving up that right or that the provision isn’t valid. Also, if We waive a provision once, it doesn’t mean We are waiving it for other situations or future occasions.

…the short and sweet: Any changes to this agreement need to be in writing and agreed to by both of us. We can still change, update or modify the agreement though.

20. Headings

The headings in this Agreement are just for convenience and reference. They don’t have any impact on how the terms or provisions of this Agreement are interpreted or understood. Headings shouldn’t be used to interpret the Agreement or to figure out what we both intended.

21. Counterparts and Electronic Signatures

This Agreement can be signed in multiple copies, and each one will be considered an original. All of these copies together will make up the complete Agreement. Signatures delivered electronically—whether through scanned documents, electronic signatures, or digital signatures—will have the same legal effect as if they were original signatures.

…the short and sweet: We both agree that signing this Agreement electronically is valid and binding, and these electronic signatures are fully enforceable under applicable law.

22. Digital Acceptance

By clicking "I Agree," "Accept," or taking any similar action during account creation, subscription, or when receiving this Agreement electronically, You agree to and accept all the terms and conditions in this Agreement. This digital acceptance creates a legally binding agreement between You and us.

We’ll keep a digital record of Your acceptance, including the date and time, along with any related account or transaction details.

…the short and sweet: By clicking ‘I Agree,’ you’re accepting all the terms in this agreement.

23. Refund Policy

We don’t offer refunds for any monthly or yearly hosting fees once Your payment has been processed. However, in rare cases, We may choose to provide a refund at Our discretion. You can cancel Our services at any time, but no refunds will be given for the remaining time left on Your subscription.

Certain services, like custom development work, initial setup fees, and any other services that require upfront work, are non-refundable. Generally, refunds are not provided unless We decide to make an exception.

All refund-related communications and transactions are subject to the confidentiality obligations detailed in the Confidentiality section of this Agreement.

24. Modification of Services

We reserve the right to modify Our hosting services at any time, including adding or removing features. If We make significant changes—like those that materially affect functionality, pricing, or the availability of key features—we will let You know at least 7 days in advance.

We will notify You of these changes via email and/or website notification and/or account dashboard. If You continue to use Our hosting services after these changes, it means You accept them. If You don’t agree with the changes, You can terminate the service within 7 days of receiving the notice, and Your service will end at the close of Your current billing cycle.

…the short and sweet: We might change our services from time to time. We’ll let you know if it’s something big, and if you don’t like the changes, you can cancel.

25. Third-Party Services

We may integrate third-party services or tools into Our hosting services. However, We don’t make any promises about the performance, accuracy, or reliability of these third-party services, and we are not responsible for any issues that arise from using them.

You agree to follow the terms and conditions of any third-party services You use alongside Our hosting services and to make sure Your use complies with all applicable laws and regulations.

It’s Your responsibility to ensure that any third-party content You provide to us is properly licensed and that You have the necessary rights to use and sublicense this content. You agree to protect us from any claims, damages, or losses that result from using third-party services or from Your failure to secure the necessary rights for third-party content.

We reserve the right to modify, replace, or discontinue any third-party services integrated into Our hosting services at any time.

…the short and sweet: We might use other companies’ services to help deliver our services. You’re responsible for following their rules too.

26. Data Retention and Deletion

When this Agreement ends, We won’t keep any of Your website content, images, or form submissions for more than 30 days. After that, all such data will be permanently deleted from Our servers. However, We may keep certain personal information, like names, email addresses, and payment history, if needed for legal, billing, or administrative purposes, in line with data protection laws.

During the service period, all data from Your website forms and other content You provide is immediately sent to You, so We have no obligation to provide any additional data after the service ends. We are not responsible for any data loss or consequences that arise from the deletion of Your website-related data after the 30-day retention period.