These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by Headysoft.com Solutions Inc. ("Headysoft.com", "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between Headysoft.com and the individual or entity who subscribes to our service ("Subscriber" or "you").
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Headysoft.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Headysoft.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Headysoft.com may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): https://www.headysoft.com/terms. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Headysoft.com offers Subscribers domain name registration, website hosting, and email hosting services for the duration of the service term purchased from Headysoft.com.
Services are provided on the basis of facility and equipment availability. Headysoft.com reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Access to the web and email servers is terminated upon expiry of the Service.
All Headysoft.com web hosting accounts will display a "Coming Soon" web page by default when activated. This page informs visitors that the Subscriber has recently setup their account with Headysoft.com. The "Coming Soon" default index web page may be removed by the Subscriber at any time once they have access to the web server. The "Coming Soon" web page may include, but without limitation to, the following:
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Headysoft.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
At its sole discretion, Headysoft.com may place advertisements or other commercial content on your website, emails or anywhere it deems fit.
Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through your account control panel. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.
If your hosting plan includes a free domain name, you will be required to pay a fee to reimburse Headysoft.com for the domain name registration upon changing to another hosting plan or a billing term that does not include a free domain name. The amount of this fee will vary depending on the domain extension and on the registration term.
All Headysoft.com web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.
All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. Headysoft.com is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.
In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the 16th of the expiry month.
The Headysoft.com Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers' personal information. The Headysoft.com Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://www.Headysoft.com/privacy-policy/
Email newsletters will only be sent directly by Headysoft.com. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by Headysoft.com's designated customer review software provider for customer experience and service feedback.
The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. Headysoft.com makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Headysoft.com is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Headysoft.com.
In no event will Headysoft.com be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
Headysoft.com, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall Headysoft.com be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold Headysoft.com, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Headysoft.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
Headysoft.com will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
This Agreement, as may be updated from time to time and posted at https://www.headysoft.com/terms/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.