In these Terms and Conditions, the following words shall represent the following meanings unless otherwise specified:
“you” means the person, organization, or other entity entering into the Agreement with us.
“us” or “we” means PageSmack
and its parent company, Jimmith Holdings Limited.
"Agreement" means the agreement between us and you and your organization that is formed at the time of user signup.
"Charges" means our fee for providing the service or services specified on the product page for the product which you are purchasing.
"Content" means any text, videos, animated images, sounds, or graphics, including logos, photographs, images, and illustrations that are contained within or on the user’s Profile or Website.
"Server" means the computer and computer hardware upon which your Website and the Content that you have uploaded will reside.
“Profile” means any page that you must be logged in to PageSmack’s website in order to access.
"Services" means the services to be provided by us to you as per the product information page for the product that has been purchased.
"Website" means the website that PageSmack's system has generated for you and/or your organization with the information that you have provided within your Profile.
The headings in these Terms and Conditions shall have no impact on the meaning of the Terms and Conditions.
The below provisions, obligations, and conditions will form the basis for the Agreement between you and us. You understand that you are required to comply with the terms, conditions, provisions, and obligations that are outlined in these Terms and Conditions.
1 Content Requirements, Restrictions, and Storage
1.1 You are not allowed to store Content on your Profile or Website that is libelous, slanderous, obscene, confidential, or violates any intellectual property rights that pertain to content or design regardless of whether or not that property has been registered.
1.2 PageSmack reserves the right to remove Content from your Profile and Website that is or is suspected of being, in violation of section 1.1. Repeated violations, or suspected violations, of section 1.1 will result in the termination of Services to you.
1.3 You must ensure that any content that is contained within your Profile or Website is honest, accurate, truthful, in good faith, and is in compliance with local and federal laws that dictate what content is permitted on your Website.
1.4 You are wholly liable for any legal claims that arise from the posting of Content that is claimed to be libelous, slanderous, misleading, inaccurate, defamatory, unlawful, obscene, confidential, or in violation of upon the intellectual property rights regardless of that properties registration status. In addition, the client is wholly liable for any legal claims that arise from the posting of Content that not in accordance with any applicable laws.
1.5 We are not liable for the transmission of Content on your Website to any third party.
1.6 We do not monitor the content of communication that is transmitted from your Website to any third parties.
1.7 You authorize us to store Content that you have uploaded to our website as well as other personal information that you’ve provided during the setup and configuration of your Profile. You understand that copies of this information will be made for the purposes of creating backups and that this information will be stored in a safe and secure manner. All reasonable precautions will be taken to protect this data.
1.8 To support the functionality of your website, any images uploaded to your profile are publicly accessible.
2 Email Use
2.1 We provide no guarantee with regards to the privacy of emails that originate from your Website as this information is transmitted through servers on the Internet that we have no control over.
2.2 You are responsible for the proper storage and handling of any information transmitted through email via your Website. Treatment, handling and storage of this information of this information is your responsibility must comply with the applicable laws in your region that govern the protection of personal information.
2.3 Up to 100 emails can be sent through your Website’s contact form each day.
3 SMS/MMS Notifications Sent to Your Customers
3.1 The purchase of a paid plan with us will provide you with up a fixed number of SMS/MMS messages that can be sent to or received from your customers each month.
3.2 Prior to enabling SMS/MMS notifications on a customer's account, you need to obtain documented and expressed consent of their willingness to receive SMS/MMS notifications.
3.3 Standard rates will be incurred by your customers from their mobile phone service providers for any SMS/MMS messages sent to them or received by them.
3.4 Any requests from your customers to disable SMS/MMS notifications should be satisfied within a reasonable timeframe.
3.5 SMS appointment reminders are sent the calendar day prior to customers' appointments where a customer of yours has opted to receive text messages.
3.6 Unused SMS/MMS message capacity at the end of a month is not transferrable to future months.
3.7 In collecting consent to send customers SMS/MMS messages, the following information should be provided to the customer, either verbally or in written form:
- The fact that as part of your service, you can send them text messages (SMS/MMS) that provide reminders and updates related to appointments, quotations, invoices, and surveys
- The fact that messaging frequency may vary and will be dependent on the frequency of services requested and delivered
- The fact that message and data rates may apply, depending on their mobile phone service plan
- The fact that they can get more help by replying HELP to these texts and that they can opt-out from notifications by replying STOP
3.8 In documenting customer consent to send SMS/MMS messages to them, you agree to capture and retain the following information:
4 SMS/MMS Notifications Sent to You
- The customer's name
- The customer's phone number
- The date that the customer provided consent
- The method by which the customer granted consent (eg. verbal, written, email, etc.)
- Confirmation that all required information was presented to them, as outlined in section 3.7, prior to requesting their consent
4.1 Within the Website Setup section of your Profile, you can opt-in to receive text message (SMS/MMS) notifications when someone books an appointment using your online booking form or requests a quotation online. Within the Employee Portal section of your Profile, you can opt-in to recieve text messages (SMS/MMS) when appointment gets assigned to you.
4.2 You can cancel the SMS/MMS notifications service at any time by texting "STOP" to the phone number that send you the text message notifications. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS/MMS messages from us. If you want to opt-in to notifications again, enable these as you did the first time and we will start sending SMS/MMS messages to you again.
4.3 If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com.
4.4 Mobile carriers are not liable for delayed or undelivered messages.
4.5 As always, message and data rates may apply for any messages sent to you from us and to us from you. The frequency of messages that are sent to you will be dependent on customer requests, bookings, and job assignments. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
for additional information on text messaging.
5 Termination of Service
5.1 We reserve the right to terminate Services to you in the event that we believe that your website is being targeted by an attack that results in a) excessive email transmissions b) excessive bandwidth usages or c) excessive requests to our hosting providers’ servers.
5.2 We reserve the right to terminate Services to you and cancel your account at any time for any reason without prior notice.
6 Ownership of Website and IP Address
6.1 You acknowledge that you do not own any rights to the computer code that generates your Website, the design upon which it is based, or any Content provided by PageSmack and that the owner of said computer code is free to make changes to that code or design as it sees fit at any time without notice.
6.2 You acknowledge that you have no interest, title or right to the computer code that generates your Website on the Internet, the design on which it is based, any Content provided by PageSmack, or the IP address that is associated with your Website.
6.3 You acknowledge that your Website is not portable or transferrable to another party or organization either through sale or gift.
7.1 At the time of your initial purchase of hosting from us, we will register the domain that you have indicated within your Profile provided that:
- The domain is not currently registered by another party or organization
- The cost to register and/or renew the registration does not exceed 20USD per year
- The domain registrar agrees to allow us to register the domain
- The domain regulatory authority agrees to issue the domain registration
7.2 On an annual basis, provided that your paid subscription is active and in good standing, we will renew the domain that you have indicated in your Profile provided the same conditions outlined in 5.1 are met.
7.3 In the event that the domain registrar or domain name regulatory authority revokes or suspends the registration of your chosen domain, we will not be liable nor will we be responsible for acting as an agent for you in dealing with the domain name regulatory authority.
7.4 If you fail to renew your hosting by the due date indicated in your Profile, we provide no guarantee that we will be able to secure this domain for you in the future.
7.5 You qualify to have your domain transferred to another organization if you have subscribed to our Services for at least 6 months. If you wish to have your domain transferred to you or another organization in order to make use of the web services of another company, you must inform us via email several days in advance of the expiration of your service term. If sufficient notice is provided to us, we will transfer your domain name to the party or organization specified in your communication to us.
7.6 Use of any domain name is subject to the terms and conditions of the issuing domain registrar as well as any and all domain name regulatory authorities. You are responsible for understanding these terms and conditions and complying with them on an ongoing basis.
7.7 We reserve the right to refuse the registration of a domain name if we believe that your use of the domain would violate one or more conditions within this Agreement.
7.8 You agree that any domain you use in conjunction with your Website represents a business name for which you are the legal owner of and does not infringe upon the rights or intellectual property rights of another party.
8 Intellectual Property Rights Indemnity
8.1 You agree to indemnify us against any liability, costs or damages associated within an intellectual property infringement claim made against you.
8.2 You agree to notify us immediately in the event that an intellectual property infringement claim is made against you pertaining to Content that appears on your Website.
8.3 You agree to assume all costs associated with defending or settling any claims that are the result of an intellectual property infringement claim that is based on Content that you posted to your Website or Profile regardless of who the plaintiff names in their claim.
9.1 We shall not be liable for any costs, expenses, losses, liabilities, or lost revenue which arise out of the operation of our website or the rendering of Services to you regardless of whether or not we are found to be negligent on our actions.
9.2 In the event that we are found to be liable for costs, expenses, losses, liabilities, or lost revenue, our liability will be limited to the amount of your last payment to us.
10 Service Levels
10.1 While all reasonable precautions have been taken, we make no guarantee that access to PageSmack’s website, your Profile, or your Website will be uninterrupted or free of errors or omissions or that the servers that provide access to our website or your website will be free of unauthorized users or hackers.
10.2 Any planned, emergency or unexpected outages that are prolonged will be communicated to you via email.
10.3 You acknowledge that PageSmack subcontracts the hosting of its website as well as your Website. As such, PageSmack shall not be liable for any disruption of service, including failed delivery of emails, or loss of Content or income that results from the action or inaction of the hosting provider.
10.4 We will provide technical support, free of charge, for the term of the Services.
11 Termination of Agreement
11.1 You may terminate this agreement at any time, but are required to notify us via email.
11.2 Termination of this agreement will result in the early termination of any Services for which you have paid.
11.3 If you terminate this agreement, you agree to indemnify us against all losses, costs, liabilities, and loss of revenue that results from the termination of this Agreement.
11.4 Termination of this agreement does not remove you from any obligations that are contained within this Agreement that are, either expressed or implied, to continue past the expiration of this agreement.
12.1 Your obligations as outlined in this Agreement cannot, at any time, be transferred to another party without our written consent.
12.2 Failure to comply or exercise any of the conditions within the Agreement does not represent a waiver or termination of the Agreement or any of its associated terms, conditions, or provisions.
12.3 If any term, condition, or provision within the Agreement is deemed to be void, illegal, or unenforceable, it shall be removed from the Agreement and will not impact the validity of any other term, condition, or provision within the Agreement.
12.4 The Agreement and its provisions supersedes any other prior agreements and understandings that have been formed either orally or through writing.
12.5 The Agreement shall be governed by and interpreted in accordance with the laws of Canada and you understand that any claims that relate to our Services or this Agreement are to be filed within of the courts of Canada.
12.6 The Agreement will not be subject to The Contracts (Rights of Third Parties) Act 1999.
12.7 This Agreement with you does not create a partnership, joint venture, or change the interests in either of our organizations. Furthermore, this Agreement does not create a principle/agent or employee/employer relationship between you and us.
12.8 We reserve the right to revise, update, or change the details of these Terms and Conditions without consent or notice. It is your responsibility to periodically review these terms.
12.9 Use of the Services or logging into your account is indicative of your continued acceptance of these Terms and Conditions.
12.10 At the time that your account is closed, either by you or us, the Content that you have uploaded to your profile will be deleted.
12.11 You understand that we may be required by law to monitor the Content and/or traffic on your Webpage and provide information gained as a result of this monitoring to law enforcement. We may also be required to permit law enforcement to access your account via your login ID.
12.12 You understand that you are to keep the content of your Profile up to date, current, and accurate.
12.13 You understand that you are to keep the password associated with your site confidential and take all precautions necessary to ensure that it is not exposed to any other party.
12.14 You agree that you are 18 years of age or older. Registration of on pagesmack.com of anyone who is less than 18 years of age is prohibited and unauthorized.
12.15 You understand that any images that you upload on agree that pagesmack.com are available to the public, regardless of whether or not you purchase a subscription to our service.
12.16 You agree that you will only send coupon codes to the owners of abandoned carts if such action is legal in your jurisdiction.
13.1 We reserve the right to transfer, delegate, or subcontract, either in whole or in part, any of our responsibilities that have been outlined in this Agreement. We are not liable for any costs, losses, liabilities or loss of revenues that result from the actions or negligence of any of our subcontractors.
14 Force Majeure
14.1 We shall not be deemed to have breached the conditions, terms or obligations expressed within this Agreement nor shall we be liable for the outcome of any delayed or failed delivery of Services that result for circumstances are that beyond our reasonable control.
15 Payment Information
15.1 In accordance with Payment Card Industry Data Security Standard (PCI DSS), we will not store critical payment details, such as your full payment card number or the 3 digit Card Verification Code (CVC) of your payment card, on our Servers.
16 Term of Services
16.1 The service period that you purchase is to include 1 day (24 hours) for the setup of your profile, which includes the registration of a qualified domain name. Once the domain name is registered, it may take up to 48 hours for DNS serves to propagate with the registration information. During this time, your website may not be accessible.
16.2 We reserve the right to terminate the functionality of your website after the Service Term has passed.
17.1 Purchase of a paid hosting subscription will result in us charging you each period. The period will be determined by you during the initial purchase of hosting services.
17.2 If we are unable to charge your payment card for the following period of service, you will be notified. If you fail to update your payment information, including your payment card and billing address, such that we cannot charge your payment card, services to you will be terminated.
17.3 You understand that if we are unable to charge you for your subscription and you do not update your payment information in the time period specified in our communication to you, your domain name may be acquired and used by another party and you may lose access to this domain.
17.4 You have the option of cancelling your subscription to paid services at any time without financial penalty. The cancellation will be effective as of the last day of service that you have paid for.
18.2 You are responsible for understanding and upholding privacy laws that have been defined in your jurisdiction.
18.3 You agree to keep all users' personally identifiable information confidential except in cases where you are required to divulge such information to law enforcement.
19 Stock Photos
19.1 You understand that we reserve the right to change, at any time and without notice or your consent, the stock photos that our templates make use of.
20 Payment Card Processing
20.1 You understand that we are not liable for chargebacks initiated by your customers or any undesirable use of your Stripe payment card processing form on your website by 3rd parties.
21 Customer Invoices
21.1 You understand that we are not liable for any errors or omissions in the amounts or items charged or charged for on your customers' invoices.
21.2 You understand that you are responsible for reviewing the details of orders and invoices that were generated on your website prior to the delivery of service to a customer.
22 Tax and Revenue Reporting
22.1 The tax and sales numbers provided within PageSmack may not necessarily comply with the reporting requirements of the tax jurisdictions that you are required to report to. PageSmack assumes no liability for differences between how it calculates sales and taxes for a given period and the reporting requirements of the tax jurisdictions that you are required to report to.
23 Website Content
23.1 Prior to promoting your website, you agree to update the content on your PageSmack-powered website so that it accurately reflects your business and its offerings, service areas, policies, and pricing.
24 Stripe Radar
24.1 If you have connected a Stripe account to your PageSmack account, PageSmack requires that you understand and configure Stripe Radar to adequately protect your payment forms and your Stripe account. PageSmack assumes no liability or responsibility for the cost, either direct or indirect, of fraudulent transactions that are processed or attempted through Stripe payment forms on PageSmack's platform.
25 Online Accounting System Integration
25.1 We have made all reasonable efforts to ensure that the integration between our platform and your online accounting system is as complete and accurate as possible. Differences in the architecture and design of these systems prevent the integration of certain features and transactions. You agree to read and understand the scope and limitations of this integration prior to connecting this platform to an online accounting platform, such as Quickbooks Online, Xero, and Wave.
25.2 You are responsible for reviewing, investigating, and resolving any and all errors that are reported in the Accounting Error Manager section of our platform.
25.3 PageSmack is not liable is for differences between the records as stored on our platform and the records stored on online accounting platforms, such as Quickbooks Online, Xero, and Wave.
25.4 Based on your use and maintenance of records within our platform as well as the online accounting system that you use, for the purposes of financial and tax reporting, it is up to you to determine which system is the system of record and the best source of information for any filings to 3rd parties including government agencies and financial institutions.
25.5 When you connect to a third-party accounting system, such as QuickBooks, within your PageSmack account, this constitutes your approval for PageSmack to share your financial information with that third-party accounting system.