Agency & Affiliate Terms of Service
Terms of Service
Please read this Terms of Service agreement carefully, as it contains important information regarding your legal rights and remedies. These terms of service are a legal agreement between you, either an individual or a single legal entity, and HPX Media Inc., a British Columbia company that owns and operates the OVERSITE branded online services available at https://oversite.co and at https://hpxmedia.com. These terms govern your use of any HPX Media/OVERSITE online services.
You are engaging HPX Media Inc., as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize HPX Media Inc. administrator-level access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
PRICING, PAYMENTS & FEATURES
All prices appearing on this site are subject to change without notice, as is the availability of the features offered. Once a client of HPX Media Inc., you authorize HPX Media Inc. to charge the payment method you submitted for all the invoices generated for the services rendered by HPX Media Inc..
Payments will be collected on the first day of each month via automatic charge to your credit card on file. Credit card is the only payment of method accepted for this service. The name of the company that will appear on your credit card statement will be HPX Media Inc.. You agree to keep your billing and credit card information current, notifying us of any change of information that could result in a disruption of payment. HPX Media Inc.. In order to cancel your recurring payment or change payment method, simply contact HPX Media Inc. prior to your payment due date.
CANCELLATION & REFUNDS
There are no lengthy contracts to get locked into here, and to cancel, we require only 30 days’ notice to complete the current month, and no further charges will occur.
REFUSAL & TERMINATION OF SERVICE
HPX Media Inc. reserves the right to refuse or terminate service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content. Also, not every client is a fit for our model, so we reserve the right to terminate or refuse service for this reason, or any other reason.
THIRD PARTY OR CLIENT MODIFICATIONS
As part of this service, you are hiring us to maintain and update the technical aspects of your website and we carry out our tasks using various plugins and tools. These plugins and tools can have built-in schedules settings that we have set up to carry out certain necessary tasks. Changes made—by yourself, or anybody on your behalf—to any part of the website that affects these processes (for example, but not limited to, uninstalling a plugin, deleting a schedule, changing or overriding settings, installing a conflicting plugin) may result in a failure for us to deliver our service.
You agree, if anyone other than HPX Media Inc. or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $130.00 per hour beyond the time allotted in the monthly care plan. There is a one-hour minimum.
TEMPLATE, & PLUGIN UPDATES
All templates and plug-ins must have licenses, be them free or paid licenses for the service to work properly. If your website has unlicensed templates or plug-ins, we cannot guarantee they will get updated.
EMAIL RESPONSES & YOUR ROLE
Each month, we will fill out all of the forms on your website. We do this as part of the visual inspection to ensure your forms are working and that the emails are arriving in your inbox. However, for us to verify success, you must hit reply on each of these test emails and shoot back a quick acknowledgement of receipt.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
While monitoring your website is the best way to ensure your site stays safe and looking and working the way it is intended, it is not a full-proof guarantee of protection from undesirable behaviour. While we will make every effort to provide a secure environment for your website, however, due to the nature of WordPress and the multitude of third-party access points, HPX Media Inc. does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free.
You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with client.
To the extent not prohibited by law, in no event will HPX Media Inc. be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if HPX Media Inc. has been advised of the possibility of such damages.
Please also be sure to review any third-party Terms of Service or Licensing agreements we may have agreed upon on your behalf as part of this service. We can provide you with links to these documents at your request, otherwise, we assume you’ve located, reviewed and found them satisfactory.
HPX Media Inc. does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and HPX Media Inc. disclaims any liability relating thereto.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Canadian courts.
This Work Statement Agreement is governed by the laws of British Columbia without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with HPX Media Inc. or relating in any way to your use of the created webpages or Internet website resides in the courts of the British Columbia.
HPX Media Inc. or OVERISTE may provide access to resources and links to other websites. When you access a non- HPX Media Inc. or OVERISTE website, even one that may contain the HPX Media Inc. or OVERISTE logo, you leave the HPX Media Inc. or OVERISTE Website and understand that it is independent from HPX Media Inc. or OVERISTE, and that HPX Media Inc. or OVERISTE has not reviewed nor is it responsible for the content of any linked websites. HPX Media Inc. or OVERISTE makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by HPX Media Inc. or OVERISTE of the website or their entities, products, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
HPX Media Inc. or OVERISTE makes no representation that the content on the website is appropriate or available for use in locations outside of Canada and the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this website outside Canada and the United States do so on their own initiative and are responsible for compliance with local laws.
You agree to defend, indemnify, and hold HPX Media Inc. or OVERISTE, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with the your use of the Products, your violation of these terms; your violation of any third-party right, including any intellectual property right; or
any claim that use of your data caused damage to a third party. This indemnity obligation will survive the termination or expiration of your account and these Terms or your use of the services on your account.
HPX Media Inc. does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. HPX Media Inc. reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Please contact us with any questions regarding the HPX Media Inc. terms of service by email firstname.lastname@example.org.