Acceptable Use Policy
Privacy Policy

These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Internet Matrix forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Internet Matrix Service specific terms & conditions, the Service specific terms & conditions shall prevail.

You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy.

1. Definitions

1.1 "Agreement" means any agreement to which these terms & conditions are incorporated.

1.2 "Internet Matrix" means Internet Matrix Inc. an incorporated company located in Edmonton, Alberta Canada

1.3 "Package" means a collection of Services.

1.4 "Pay As You Go" means Internet Matrix no minimum term commitment monthly payment option.

1.5 "Prices" means the Prices for the Services set out in order form or as otherwise notified to You.

1.6 "Services" means the Services to be provided by Internet Matrix.

1.7 "You/Your" means the person, company or affiliates who purchases Services from Internet Matrix.

2. Duration and Automatic Renewal of Services

2.1 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required on a monthly basis are provided for a fixed annual (i.e. 12 month) term.

2.2 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required annually in advance shall be provided for a fixed annual (i.e. 12 month) term. The contract will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these General Terms & Conditions or the Services or Package specific terms, if different to these General Terms & Conditions.

2.3 Please be aware that unless You terminate the Services in accordance with clause 3 below or the Services or Package specific terms, the Services will automatically renew on the anniversary date of the contract for a successive contract term and You will be responsible for a further 12 or months Prices. If you choose to terminate the Services any time after the anniversary date of the contract You will still be required to pay the Prices for the remaining period of the then current term of the contract.

3. Cancellations

3.1 You are entitled to cancel the Services by submitting a cancellation request in writing including your company name, contact name, valid email address that matches our records and contact phone to our support team via the Internet Matrix website no less than 14 days prior to the anniversary date of the contract term or the relevant service specific terms & conditions pertinent to the Services or Package you have purchased.

3.2 Internet Matrix reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or Service Specific Terms & Conditions and/or our Acceptable Use Policy.

4. Refunds

4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.

4.2 If You contravene Your Agreement with Internet Matrix, a refund will not be issued in the event of a cancellation.

5. Payment

5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package.

5.2 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased "Pay as You go" Services or Packages then payment will be required monthly in advance. If You have purchased Services on an annual (12 month) or longer basis then You will be required to pay pursuant to the payment plan You selected, either paying annually or biennially in advance or by way of monthly installments in advance throughout the year.

5.3 You will be automatically charged the Price again on the anniversary date of the contract term unless You have cancelled the Services in accordance with Internet Matrix' cancellations procedure set out in clause 3 above. Payment of the Price will be taken via the payment method specified within the control panel.

5.4 Internet Matrix reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your Internet Matrix Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.

5.5 All payments must be made in Canadian Dollars, non-inclusive of applicable taxes.

5.6 You warrant that You are lawfully authorized to make payment using the payment card or facility You disclose to Internet Matrix. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept Internet Matrix' Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card, the details of which You have provided. You will indemnify and hold Internet Matrix harmless in the event that the cardholder or issuer declines any transaction for payments to Internet Matrix, including all of Internet Matrix costs in administering Your non-payment and obtaining payment of those Prices due.

5.7 Where You provide Internet Matrix with information relating to a third party, including but not limited to the use of their payment details, either in accordance with clause 5.6 above or for any other purpose, You warrant that You have obtained express consent from the third party for Internet Matrix to use their information and you consent that we may share your information, including but not limited to the Services You have purchased, to enable the third party to ascertain the terms of your Agreement with Us and why we are authorized to take payment from the third party's payment card, if necessary, to contact the third party for the purposes of this Agreement.

5.8 Internet Matrix reserves the right to suspend Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a $50.00 administration charge. You are responsible for all money owed on the account from the time it was established until Internet Matrix accepts Your cancellation request. You are responsible for any additional costs incurred by Internet Matrix in the collection of outstanding debt.

5.9 You are required to have a valid email address and credit card registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit account for any reason You must immediately notify Internet Matrix and provide details of a current valid payment card.

5.10 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.

5.11 If You fail to pay all Prices due, Internet Matrix reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all Prices which are overdue and payable to Internet Matrix.

5.12 Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.

6. Chargebacks

6.1 If You withdraw any payments made via a bank or credit card (a "chargeback") You may be subject to a administration fee of $100.00, should Internet Matrix deem the chargeback to be unfair. Internet Matrix also reserves its right to defend such chargebacks and recover the original monies from You or the card issuer.

6.2 If a chargeback is made, Internet Matrix reserves the right to interrupt, suspend or cancel the Services. Such interruption, suspension or cancellation does not relieve You from paying the original Prices which are overdue and payable to Internet Matrix.

7. Appropriate Service use

7.1 Internet Matrix reserves the right to refuse Service and/or access to its servers, server farm or any other premises and/or Services to anyone.

7.2 Internet Matrix does not allow any content which breaches our Acceptable Use Policy to be stored on its servers.

7.3 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Internet Matrix.

7.4 Internet Matrix reserves the right to move Your data to a different server with no previous notice.

8. Scheduled maintenance

8.1 To guarantee optimal performance on the servers, it is necessary for Internet Matrix to perform routine maintenance. Such maintenance often requires taking Internet Matrix servers off-line, typically performed during off-peak hours. Internet Matrix may give You advance notice of maintenance requiring the servers to be taken off-line whenever possible.

9. Support

9.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should consult Internet Matrix support website and search for a resolution to Your problem in Internet Matrix FAQ or contact Internet Matrix support through email addresses listed in our contact page.

9.2 Please note we may require suspension of some of Internet Matrix Services for short scheduled periods to carry out maintenance or repair to Internet Matrix Services without notice.

10. Reselling of Services

10.1 All Services other than approved subsidiaries or affiliates are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting Services of their website to other parties.

11. Database Usage

11.1 If You exceed the limits on Internet Matrix database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at Internet Matrix current Prices. For example if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.

12. Ownership of data

12.1 All data created or stored by You within Internet Matrix' applications and servers are Your property. Internet Matrix shall allow access to such data by only authorised Internet Matrix personnel. Internet Matrix makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Internet Matrix' servers.

12.2 You are responsible for backing up Your data.

13. Uploads via scripting languages

13.1 We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.

14. Passwords

14.1 It is the account owner's responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. Internet Matrix is not responsible for any data losses or security issues due to stolen passwords. Internet Matrix recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).

15. Your personal details

15.1 Please note that whilst Your email is primarily used for billing purposes, Internet Matrix reserves the right to email You information about enhancements to Internet Matrix systems and product offerings. You can unsubscribe from marketing communications within Your Internet Matrix control panel.

15.2 We will not provide any of Your personal information to other companies or individuals without Your permission. However, we may need to provide Your name and delivery address to third parties that Internet Matrix may use for the purposes of delivering specific Services to You (e.g. customer support). For more information about how we collect and use Your personal information please read Internet Matrix privacy policy.

16. Internet Matrix Disclaimers and Warranties

16.1 Internet Matrix does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Internet Matrix cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Internet Matrix and its employees.

16.2 Internet Matrix makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.

16.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.

16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.

17. Liability

17.1 Internet Matrix Inc. or any of its staff, officers, directors or owners shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

17.2 Internet Matrix Inc. or any of its staff, officers, directors or owners shall not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

17.3 Internet Matrix Inc. or any of its staff, officers, directors or owners shall not be liable for any claims against you and/or your company for any images, software code or other web content used on your website. This includes whether the images were used as part of web design services from Internet Matrix Inc. or placed there by you.  You agree that you and/or your company cannot make any legal claims against Internet Matrix Inc. for the use of images on your website, take sole responsibility of the images used and  sole responsibility to procure the licenses for those images if required.  If a claim is made against you and/or your company you cannot make any claim against Internet Matrix Inc. or any of its staff, officers, directors or owners for any loss or damages you may incur due to the use of any content or images that are on your website in the past, present or future.

17.4 No matter how many claims are made and whatever the basis of such claims, Internet Matrix maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.

17.5 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Internet Matrix Inc., its employees or its sub-contractors.

17.6 Internet Matrix Inc. shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:

17.6.1 interruptions to the flow of data to or from the internet;

17.6.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;

17.6.3 the effects of the failure or interruption of Services provided by third parties;

17.6.4 factors outside of Internet Matrix Inc. reasonable control;

17.6.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;

17.6.6 problems with Your equipment and/or third party equipment;

17.6.7 interruptions to the Services requested by You.

18. Force Majeure

18.1 Internet Matrix Inc. shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Internet Matrix (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.

19. Non-Waiver

19.1 The failure of Internet Matrix to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Internet Matrix of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

20. Survival

20.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not withstanding termination of the Agreement for any reason.

21. Notice

21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Internet Matrix to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.

22. Governing Law

22.1 Your rights and obligations and all contemplated by this Agreement shall be governed by Alberta, Canada law and You submit to the exclusive jurisdiction of the Alberta, Canada Courts.

23. Legal Fees

23.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

24. Assignment

24.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Internet Matrix. However, in the event that Internet Matrix consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

25. Entire Agreement

25.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.

26. Amendment in Writing

26.1 We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services and/or Package, the Acceptable Use Policy, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. These changes can be done without notice at the discretion of Internet Matrix.

27. Relationship of the Parties

27.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

28. Joint and Several Obligations

28.1 If any party consists of more than one entity, their obligations here under are joint and several.

29. No Third Party Beneficiaries

29.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

29.2 Parties that retain services from any of Internet Matrix subsidiaries or affiliates are considered Third Party and have no legal claim, remedy, cause of action or privilege pertaining to any services, support or actions regarding Internet Matrix.

30. Severability

30.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Internet Matrix will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Internet Matrix as reflected in the original provision.

By signing up or purchasing any services provided by Internet Matrix Inc. through written or verbal transaction you agree to be unconditionally bound by all Internet Matrix Inc. Terms and Conditions listed on this page.




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