These Terms apply to (a) use of the WebWiz@rd platform, (b) hosting services provided by REM, and (c) website design and development services performed using WebWiz@rd, unless superseded by a signed written agreement.
2.0 Indemnity
Each party is responsible for its own actions. You agree to indemnify and hold REM Web Solutions Inc. (“REM”, “we” or “us”) harmless from any claims, losses, or damages that result from the content you provide or from your misuse of our services. REM will do the same for claims that arise from our own negligence or breach of this agreement.
3.0 Liability Limits
To the fullest extent permitted by law:
• REM’s total aggregate liability is limited to the lesser of $500 CAD or the amount you paid for the specific service involved in the claim.
• REM is not liable for any indirect, incidental, special, consequential, or exemplary damages, including lost profits, lost business, data loss, goodwill, or business interruptions — even if we were advised of the possibility.
• Any legal claim related to this agreement must be made within 1 year of the issue. Claims submitted after that period are waived.
4.0 Client Responsibility for Content
You are fully responsible for the legality, accuracy, and ownership of all content, files, images, branding, data, and materials you provide or generate, including content created using AI tools, automated systems, or third-party services, whether supplied by you or generated through features available within WebWiz@rd.
5.0 AI Accuracy & Review Disclaimer
AI-generated content and recommendations may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing, verifying, and approving all AI-generated outputs before publishing or relying on them.
6.0 Exclusive Remedy
If you are dissatisfied with WebWiz@rd or any related service, your sole remedy is to stop using the platform and services.
7.0 Use of Third-Party Tools & Systems
If REM works within platforms or systems you provide (such as analytics tools or APIs), you are responsible for the performance, security, data compliance, legal obligations, licensing, and continued availability of those systems.
REM is not liable for downtime, failures, data loss, incompatibilities, or disruptions caused by any third-party platform or service.
8.0 Intellectual Property & Ownership
8.1 Ownership of Deliverables
Once all project fees are paid in full, you own the final deliverables created specifically for your project, such as custom designs, written content, graphics, and layouts.
8.2 What REM Retains
REM retains ownership of:
• All pre-existing code, libraries, frameworks, modules, and internal tools used to build your project.
• Any assets licensed from third parties (such as stock images, fonts, icons), which remain governed by their original licence terms.
• All components, features, and functionality that are part of the WebWiz@rd platform.
8.3 Portfolio Use
REM may display your project in our portfolio or marketing materials. If you prefer not to be featured, you may opt out by notifying us in writing.
8.4 Trademarks & Platform Rights
WebWiz@rd, and certain names, logos, and marks displayed within the platform, are trademarks of REM or its licensors.
You may not use these trademarks without REM’s written permission.
All elements of the WebWiz@rd platform—including its structure, design, features, interface, and underlying code—are owned or controlled by REM and protected by copyright laws.
No part of WebWiz@rd may be copied, reproduced, or transmitted in any form without REM’s written consent.
9.0 Confidentiality
Both parties agree to protect each other’s confidential information—including passwords, business plans, strategies, proprietary documents, and any non-public details shared during the project.
Confidential information will be handled with the same level of care used to protect our own sensitive information.
This obligation continues even after the agreement ends.
10.0 Subcontractors
REM may use trusted subcontractors or freelancers to help deliver parts of the project. REM remains fully responsible for the quality of the work, timelines, confidentiality, and overall delivery.
11.0 Non-Solicitation
To protect our team and business continuity, you agree not to hire or solicit any REM employee, contractor, or subcontractor who worked on your project for 12 months after the engagement ends, unless REM provides written permission.
12.0 Testing, Warranty & Fix Requests
REM warrants that the services will be performed by qualified personnel in a professional manner conforming to generally accepted industry standards and practices.
REM comprehensively tests all projects during development and before delivery. It is the client’s responsibility to perform the final and definitive set of testing before asking REM to post the website live. Issues including, but not limited to improper calculations, logic problems, typos or missing functionality that are not caught before posting the website live are not the responsibility of REM. REM will take all fix requests after posting a site live seriously and will attend to them appropriately but retains the right to decide which fixes will be free of charge and which ones will incur a cost. All fix requests that are submitted 6 months after a site has been launched will incur costs consistent with our regular development rates.
A ‘fix’ does not include feature enhancements, scope changes, design changes, or functionality not originally specified.
13.0 Browser & Device Compatibility
WebWiz@rd and all project deliverables are tested using the current versions of Chrome, Firefox, Safari, and Edge on modern devices. Testing is performed using default settings on Windows-based computers at the time of development.
Older browsers, unusual screen sizes, or non-standard environments may not be fully supported unless we agree otherwise in writing.
14.0 Compliance (AODA, CASL, Privacy)
You are responsible for ensuring your website complies with all relevant laws and regulations, including AODA, CASL, and applicable privacy and data-protection laws.
REM can provide general guidance, but we do not provide legal advice and cannot accept liability for compliance decisions.
15.0 Transfer to Alternate Hosting Providers
If you choose to move your website to another hosting provider, the following terms apply:
15.1 Static Export Only
REM can provide a static HTML export of your website upon request. This work is billed at our standard time-and-materials rates. Static exports do not include dynamic features such as:
• Password-protected areas
• Database-driven content
• Forms or interactive tools
• eCommerce functionality
• Any WebWiz@rd-specific modules or features
Any re-development or replacement of these features on your new platform is your responsibility and cost.
15.2 Loss of WebWiz@rd Access
Once your site is transferred, all access to WebWiz@rd, including editing tools, modules, and platform features will end. You will not be able to update or manage the site using WebWiz@rd after the transfer.
15.3 End of REM Support
After the transfer is complete, REM will no longer provide warranties, technical support, updates, or ongoing maintenance for the website or any exported files.
16.0 Acceptable Use of WebWiz@rd & Hosting Policy
WebWiz@rd is continually updated and may change without notice. While we make reasonable efforts to keep information accurate and current, we cannot guarantee that every detail is complete or error-free. You are responsible for how you use the platform and for any decisions you make based on the information within it.
You may not use AI-related features to generate or distribute content that violates this Acceptable Use Policy or applicable laws.
By using WebWiz@rd, you agree not to use the platform or hosting environment to:
16.1 Prohibited Content
• Publish, store, or transmit nudity or pornographic content.
• Promote bigotry, racism, hatred, harassment, or abusive language.
• Share illegal instructions, encourage violence, or promote unlawful behaviour.
• Defame individuals or groups.
• Promote pyramid schemes, deceptive solicitations, or similar scams.
• Run raffles, contests, or lotteries that require an entry fee.
• Engage in or promote child exploitation in any form.
16.2 Prohibited Technical or Platform Misuse
• Manipulate or interfere with WebWiz@rd forms, logic, URLs, or system behaviour.
• Reverse-engineer, copy, or attempt to duplicate WebWiz@rd components or features.
• Link to copyrighted materials without permission or legal rights to do so.
• Use WebWiz@rd as a gateway to content that violates this policy.
• Host or distribute tools or information that facilitate software piracy, unauthorised copying, bypass mechanisms, or IP theft.
• Attempt to manipulate website rankings or search engine performance through deceptive or unethical methods (e.g., link farming, cloaking).
16.3 Data & Privacy Violations
• Collect personal information without consent, misuse personal data, or engage in phishing, scraping, or other illegal data-collection practices.
You may access WebWiz@rd from any device to manage valid, licensed websites, provided you comply with all acceptable-use rules.
17.0 Suspension & Termination of Services
REM may suspend or terminate access to WebWiz@rd, hosting services, or related systems, with or without notice, if:
• payment obligations are overdue or unpaid;
• your use of the services violates this agreement, including the Acceptable Use of WebWiz@rd & Hosting Policy;
• your website, content, or activities pose a security risk, legal risk, or operational risk to REM, its infrastructure, or other clients; or
• required issues are not remedied within a reasonable time after notice.
Suspension or termination under this section does not relieve you of any outstanding payment obligations and does not limit REM’s other rights or remedies under this agreement.
18.0 Content Monitoring & Enforcement
REM does not pre-screen or actively monitor any content created, uploaded, or stored by you or your users. You are solely responsible for moderating your website and removing any inappropriate, illegal, or harmful content.
Content, opinions, or materials published by you or your users do not represent REM’s views, and REM does not endorse or take responsibility for any goods, services, or claims made on websites we host.
REM may investigate complaints or reports of violations and may remove content from our systems if we determine, at our discretion, that it violates these Terms or applicable laws.
19.0 WebWiz@rd Version Updates & Support Lifecycle
Valid WebWiz@rd licence holders receive updates, enhancements, and bug fixes for the core platform and licensed modules, subject to the following:
19.1 Design Impact Exclusions
Updates that require changes to your public-facing website design, theme, or custom code are not included. If needed, these updates will be quoted separately.
19.2 Minor vs. Major Versions
Free updates apply to minor version upgrades (for example, 5.1.2 ? 5.2.0).
Major upgrades (such as 5.1.9 ? 6.0.0) are not included and may require a new agreement or upgrade fee.
19.3 Support Lifecycle
REM supports the current major version of WebWiz@rd. Older versions may reach end-of-life, at which point support, fixes, and compatibility updates will end.
19.4 Version Compatibility
Future WebWiz@rd versions are not guaranteed to be backward-compatible. Migration or redevelopment may be required to upgrade an older site to a new major version.
20.0 Hosting, Domains & SSL
REM performs daily backups for websites hosted on our servers. While we take reasonable steps to preserve your data, we cannot guarantee backup availability, accuracy, or successful restoration. REM is not liable for data loss, corruption, or failed backup recovery. Backups are intended for disaster recovery purposes only and are not a substitute for client-maintained backups.
We strongly encourage you to maintain your own independent backups of all critical content and assets.
REM provides and manages SSL certificates for websites hosted on our platform. Client-supplied or third-party SSL certificates are not supported.
REM targets 99.9% uptime for hosting services included in this agreement.
21.0 Links to External Websites
WebWiz@rd may allow you to create links to external websites that REM does not control. REM does not guarantee the accuracy, relevance, availability, or completeness of content on external sites, nor do we endorse their views or offerings. You assume all risk when linking to or relying on third-party content.
22.0 Force Majeure
Neither party is liable for delays or failures caused by events outside their reasonable control, including natural disasters, war, pandemics, labour disputes, government actions, power or infrastructure failures, or other unforeseen events.
23.0 Communications & Notices
Formal notices under this agreement may be delivered in the following ways:
• In person: effective immediately
• Registered mail: effective after 3 business days
• Courier: effective after 1 business day
• Email: effective the next business day, unless the message bounces or is otherwise undeliverable
You acknowledge that email carries inherent risks, including delivery failures and lack of encryption. REM is not responsible for issues caused by email-based communication.
24.0 Relationship of the Parties
This agreement establishes an independent contractor relationship between you and REM. It does not create a partnership, joint venture, employment relationship, or any other form of shared legal entity.
25.0 Transferability
Neither party may transfer or assign their rights or obligations under this agreement without written consent from the other party. REM may assign this agreement to an affiliate or successor without requiring client consent.
26.0 Governing Law & Dispute Resolution
This agreement and the use of WebWiz@rd is governed by the laws of Ontario and applicable laws of Canada. Both parties agree to first attempt to resolve any disputes through good-faith negotiation. If a resolution cannot be reached, the matter will be submitted to arbitration in Ontario.
27.0 Exclusion of Warranties
WebWiz@rd and all related services are provided “as is” and “as available.” REM does not guarantee that the platform will operate without interruption, errors, or defects.
Any additional warranties or guarantees are outlined only in your specific service agreements or warranties.
If any part of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to apply.
28.0 Terms Subject to Change
REM may update or modify these Terms and Conditions at any time. Your continued use of WebWiz@rd or our services after changes take effect means you accept the updated terms. Material changes will be communicated via email or platform notice.
29.0 Survival
The following sections continue to apply after this agreement ends:
Confidentiality, Intellectual Property & Ownership, Indemnity, Dispute Resolution, Payment Obligations, and Limitation of Liability.
30.0 Entire Agreement
This document, including any attached schedules or addendums, represents the entire agreement between the parties and replaces all previous discussions, proposals, or understandings.
