Web Hosting Canada and https://whc.ca and https://clients.whc.ca (hereinafter “WHC Web Site“), are operated by WHC Online Solutions Inc (hereinafter “WHC“). These Terms and Conditions of Service (hereinafter “Terms and Conditions“) are applicable to your access of the WHC Web Site, and to your use of the services offered through the WHC Web Site. By using any of the services or products provided or serviced by WHC, either directly or through a reseller, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions.
The present Terms and Conditions have last been modified on February 18, 2021 and apply to all users.
1. Terms and Conditions
WHC may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. WHC may choose to provide the Client with a prior written notice if the changes significantly impact the Client’s services, but WHC will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the WHC Web Site.
1.1. Eligibility Criteria of WHC ServicesThe services offered through the WHC Web Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the WHC Web Site only with the permission and under the supervision of your parents or legal guardian. WHC also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.
2. Account Creation, Maintenance, Modification and Cancellation
2.1. Account CreationYou can create an account by filling in the form provided on the WHC web site. Fees associated with our services can also be found on our web site at https://whc.ca.
2.2. Accurate Information
You agree to maintain accurate information in your Client Area profile at https://clients.whc.ca while you are using WHC services. This includes your full name, current billing address, phone number and a working email address. You agree to update your information in your Client Area within ten days of any change.
2.3. Account Maintenance and Security
You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account.
You agree that you are fully responsible for maintaining the confidentiality of your customer and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify WHC immediately of any unauthorized use of your account or of any other breach of security. You agree WHC will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by WHC or another party due to someone else using your Account Access Information. WHC advises you keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the WHC infrastructure in any way.
While WHC has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold WHC liable for any errors or interruption of services, whether within or outside of WHC’s reasonable control.
2.4. Responsibility for ContentYou agree that you are solely responsible for the content stored on and served on your WHC account(s). You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. WHC disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy, available at https://whc.ca/legal/aup
2.5. Account Suspension and Cancellation
WHC can suspend or terminate without prior notice any accounts that do not comply with these Terms and Services in order to maintain a safe and secure environment for our clients.
WHC will attempt to notify you in case of account suspensions or cancellations. In some circumstances, WHC may suspend an account without prior warning to avoid serious harm or service degradation.
You may cancel your account and prevent an automatic renewal by requesting a cancellation through the Client Area at least 10 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow a WHC agent to properly identify the account in question, including your full domain name and hosting account type.
For certain services, WHC provides courtesy backups to help protect your data.
However, backups can occasionally fail. Under no circumstance will WHC be held responsible for any loss resulting from incomplete or incorrect backups. By using WHC services, you agree to maintain complete backups on your own computers of all data stored on WHC servers.
Backups for: Web Hosting, Reseller Hosting, WordPress Hosting & Email Hosting
WHC performs regular courtesy backups of data stored on certain types of services, including web hosting and reseller hosting accounts. Backups are offered as a courtesy service and while they are generally very effective, they cannot be guaranteed. Accounts using more than 10 Gigabytes of disk space or using more than 100,000 files may have their backup service automatically disabled in order to maintain system performance. On these accounts, courtesy backups may be reactivated by freeing up additional disk space and then contacting our Customer Service team.
Backups for: Cloud & Dedicated Servers
On Cloud or Dedicated servers, backups are available through the External Backups option. You may order External Backup from your Client Area at any time or during your original order. WHC will activate the backup service for you and will enable automatic backups of your data using specialized backup software. You must ensure that the data on your server does not exceed the capacity of your backup storage. If your server's data exceeds the backup storage capacity, your data may not be backed up until you upgrade your backup storage from your Client Area.
WHC relies on specialized third-party backup software to manage the automatic backup process from your account or server onto the backup storage. Technical errors or problems can occasionally prevent the successful completion of a backup run. As such, you are strongly encouraged to regularly test the backup restoration process on your server and report any issues to WHC's support team.
4. Acceptable Use PolicyIn a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other WHC clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at https://whc.ca/legal/aup.
5. Domain Names
Domain name registrations, renewals, and transfers must respect our Domain Names Policy, which can be found at https://whc.ca/legal/domains.
6. Domain Privacy Protection Service
If purchased in conjunction with certain types of domain names, the Privacy Protection service (also referred to as ID Protect) is intended to shield the customer’s personal information from the public domain name information database, called the « WHOIS » database, by replacing the customer’s information with those of a confidentiality services provider. The Privacy Protection service cannot prevent information from being published by third parties, nor does it remove any public « WHOIS » information that may have been saved and published by other parties prior to the purchase and activation of the protection. The Privacy Protection service is not available for all domain types.
The Privacy Protection service is non-refundable and is not covered by our money-back guarantee. The Client must always maintain accurate contact information in their private WHC profile, as stipulated by ICANN's rules and regulations.
7. SSL Certificates
The use and installation of COMODO or Sectigo SSL Certificates offered by WHC are subject to the terms and conditions of COMODO and Sectigo. Following an SSL purchase, a WHC technician will request a certificate on your behalf and attempt to complete its installation on your account. If you have requested a Dedicated IP address during your SSL order, your Web Site may experience up to 12 hours of downtime during the SSL installation process, due to a process called DNS Propagation.
Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively on the domain name or subdomain that was requested during your order. SSL Certificates are non-transferable. The installation of an SSL certificate does not guarantee the use of encrypted https protocol throughout your website. Additional website configuration changes are recommended to fully make use of your certificate's data encryption, as described in our Help Center.
8. Webmaster Help Service
The Webmaster Help Service is a paid service offered by WHC in order to provide you with technical assistance relating to your web sites, outside of the scope of our standard technical support. The Webmaster Help Service is billed in 30 minute-increments, at an hourly rate established on WHC’S Web Site or through written communications prior to the start of work. If a phone consultation is required, a WHC agent can call you at an agreed-upon time and provide assistance for a duration that does not exceed a maximum of 50 minutes per billable hour.
WHC cannot guarantee any specific results with their Webmaster Help Service. While our team will attempt to complete any task in the time they have available, the results will depend entirely on the complexity of the project and the available time-frame. If we're unable to complete the required work in the allotted time slot, we'll let you know and provide you with options.
The Webmaster Help Service is non-refundable once the requested work has been completed. The first hour of Webmaster Help fees must be paid prior to the start of the work, and additional hours incurred must be paid in full within five (5) days of the work being performed.
9. Dedicated IP Address
All dedicated IP addresses assigned to you must be maintained by you in a manner that confirms to the norms and regulations set forth by ARIN (https://www.arin.net/policy/nrpm.html).
If you ordered multiple IP addresses with a Cloud, Dedicated or Reseller service, they must be used at 80% within 30 days of being assigned.
At the outset, for Web Hosting, Reseller Hosting or WordPress Hosting accounts, you will be assigned a shared IP address. You may request one (1) dedicated IP address per hosting account, at additional cost. WHC reserves the right to evaluate the pertinence of any dedicated IP address request and deny such requests if they do not comply with ARIN regulations. WHC retains full control and rights to the IP addresses assigned to you at all times and reserves the right to modify or remove assigned addresses with prior notice.
A dedicated IP address change may incur an unavailability of your web site lasting up to 24 hours, due to DNS propagation.
10. Site Transfers
In most cases, WHC can help move your website from any other compatible web hosting provider (also called a website migration). However, transfers are provided as a courtesy service, and WHC can not make guarantees regarding the availability, accuracy, possibility, or time required to complete such a transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult or impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
A free site transfer service request can be made within 30 days of a new web hosting, reseller hosting, Cloud or Dedicated server order by opening a Support ticket from your Client Area which includes all necessary information to allow us to connect to your other provider's account and retrieve all your data. Unless otherwise confirmed in writing, free website transfers are limited to a maximum of 10GB of data, 5 email accounts, and one database. More complex migrations should be discussed with our support team prior to being requested.
Site transfer requests placed after the initial 30-day period are subject to our standard Webmaster Help service rates.
11. Affiliate Program
The affiliate program provides you with financial incentives for referring new clients to WHC.
The terms and conditions of the affiliate program can be found at https://whc.ca/legal/affiliates.
12. ResellingYou may, through the purchase of specific Reseller hosting services, resell to your customers the use of WHC’s hosting environment, as described on the Reseller Hosting service page. You must ensure and enforce that all your customers that use any of our servers or services abide by our Terms and Conditions. You agree to defend, indemnify and hold harmless WHC, its officers, directors and employees, from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from any act or omission of any such the customer that would be a breach of these Terms and Conditions if committed by you.
13. Search Engine ListingWHC is not directly associated with any search engines and is not responsible for the ranking of your web site in search results. However, WHC does offer certain Search Engine Optimization services that may assist you in obtaining favorable search engine rankings with specific search engines, using specific keywords. WHC cannot guarantee specific results beyond what is described or guaranteed on the WHC Web Site.
14. Service Guarantees
14.1. Money-back guarantee
WHC is fully committed to your satisfaction and offers the following money-back guarantee: if you are not 100% satisfied for the service obtained within 30 days of your purchase, WHC will refund your hosting costs.
The money-back guarantee applies exclusively to eligible services as described in paragraph 17 of the present Terms and Conditions.
14.2. Guaranteed technical support in 24 hours or less
WHC guarantees a response to technical support questions received through our Client Area Help system within a maximum of 24 hours (although we normally reply much faster than that!). This guarantee does not apply to incomplete support requests, requests that do not reach us (due to inappropriate use of the helpdesk support system), requests not directly linked to the services provided by us or that fall outside the scope of our service support, requests that have been responded to but require additional resolution time, or requests that cannot be answered due to causes outside of our direct control.
If a technical request is not answered within this timeframe, WHC can issue an account credit equivalent to 25% of your pre-tax monthly fees per incident, up to a maximum of 100% of your monthly hosting fees, following your written request from our Client Area. Account credit can be applied to any services with WHC.
14.3. 99.9% Guaranteed Server Availability
WHC understands the importance of having a continuously available web site and guarantees a server availability (or “uptime”) of 99.9%, calculated monthly. Our services are considered available if they respond to external PING requests from at least two different external monitoring services.
Any scheduled maintenance outage will not be considered when computing monthly uptime. Sporadic or localized outages due to Internet network conditions outside of our control will also not be considered when computing monthly uptime, nor will incorrect DNS or account manipulations by the Client, including programming errors or script errors.
In the rare case that an unscheduled outage causes a service to be unavailable for more than 0.1% of a calendar month (or 43 minutes), you will be eligible for an account credit equivalent to 5% of your pre-tax monthly fees for every additional hour of unscheduled downtime, up to 100% of your monthly hosting fees. You can request a service credit following an outage by contacting us through our Client Area. Service credits can only be issued once per month, at the end of a calendar month. Domain names are not eligible for account credits.
WHC will generate renewal invoices automatically for all your active services at least 15 days prior to their expiration date. When we generate a new invoice, we'll send you an email with a copy of the invoice and will also make the invoice available in your Client Area.
Unless otherwise requested, WHC will attempt to charge the payment method on file 5 days prior to your invoice's due date. If you do not wish to renew a service, please submit a service cancellation request or update your domain's auto-renewal settings through the Client Area at least 10 days prior to your service’s renewal date in order to avoid being charged for its renewal.
By making any purchase by credit card or by adding a valid credit card to your Client Area, you authorize WHC to automatically attempt to charge this credit card for any upcoming or overdue invoices on your account, until otherwise requested. You may manage and remove your credit card information on file from your Client Area at any time.
Expired services can be suspended if left unpaid by their due date and may be permanently deleted, at WHC's sole discretion. Reactivating suspended services may incur additional fees.
You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. Services not paid on their due date risk being suspended, and may be terminated permanently shortly after, at WHC’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply.
WHC accepts payments by Visa, Mastercard and Paypal (which includes American Express). For amount exceeding C$50.00, WHC also accepts non-automated payments by check, Email Interac transfer, wire/bank transfer and direct deposits at a CIBC branch.
All payments must be made in Canadian dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice with carry an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Chargebacks or bounced checks due to insufficient funds will incur additional fees of C$35.00, plus taxes.
All non-automated payments (checks, wire transfers, money orders, or Interac e-transfers) must be made for a minimum total amount of C$50.00. Any amount paid exceeding the invoiced amount will be added to your account in the form of account credit to be used for future payments. Non-automated payments of less than C$50.00 are subject to a C$20.00 administrative fee, plus applicable taxes.
Account credit is not automatically applied to new or open invoices. In order to manually apply your account credit on an existing unpaid invoice, please visit the invoice page in your Client Area.
Occasionally, special promotions may be offered when ordering new services or account upgrades. Unless stated otherwise, promotional prices apply only to the initial payment cycle. Services renew at their regular rates, as shown on your invoice or in your product or service details in your Client Area. Special pricing promotions cannot be applied to renewals unless stated otherwise. WHC reserves the right to cancel any promotional pricing for any user that attempts to circumvent its intended use or limitations, at WHC's sole discretion.
17. Refund Policy
You can request a refund within the context of WHC’s money-back guarantee by sending a written request through the WHC Client Area.
Refunds are only available during your service's eligible refund period.
Refunds can only be issued using the same payment method for payments made by credit card or Paypal. Payments made by check, money order, wire transfer, Western Union, Money Gram, or Interac Email Payments can only be refunded as credit on your WHC account.
Pre-paid funds cannot be refunded after the initial money-back guarantee period.
Refunds will generally be issued by WHC within 7 days following the reception of your refund request, but some banks or credit card providers may incur additional delays before making those funds available to you again.
The following products and services are non-refundable: domain name registrations and renewals (including ID Protection services), dedicated servers (including associated control panel and Operating System licensing fees) and Webmaster Help. Setup and installation fees are non-refundable.
If a domain name or other service that is non-refundable was offered at a discounted rate with the purchase of a hosting product, the original full value of said service will be withheld from any refunded amount.
WHC will not issue refunds for the same type of product more than once per account.
Billing errors can be refunded for a maximum retroactive period of 3 months. In the unlikely event that a billing error comes to your attention, you are encouraged to contact WHC as quickly as possible to correct the error.
18. Chargebacks and Reversals
In the event you issue a chargeback or reversal of charges with your banking institution you will be responsible for a $50.00 chargeback fee, plus the full amount of your original transaction, plus applicable taxes.
Bounced checks returned by WHC’s banking institution due to insufficient funds will incur a penalty of 35.00$, plus the full amount of the original transaction, plus applicable taxes.
All services on your account may be suspended until the chargeback fee is settled in full.
19. Disclaimer and Limitation of Liability
19.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, WHC DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY WHC, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE WHC WEB SITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE WHC WEB SITE, THE USER EXPRESSLY AGREES THAT WHC MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY WHC, EITHER DIRECTLY OR THROUGH A RESELLER AND THE WHC WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE WHC WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WHC WEB SITE, WHC INCLUDES LINKS TO OTHER WEB SITES FOR WHICH WHC HAS NO CONTROL. WHC DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST WHC IN CONNECTION WITH SUCH WEB SITES; AND (iii), WHC MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WHC DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
19.2. WHC WILL IN NO EVENT BE LIABLE REGARDING THE WHC WEB SITE OR ANY OTHER RELATED WEB SITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF WHC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
19.3. ALTHOUGH WHC ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT WHC NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.
20. Entire AgreementThis Agreement, related policies found at https://whc.ca/legal and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WHC MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency regarding this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority and these Terms and Conditions will take second priority in interpreting the parties’ rights and obligations.
21. Force MajeureWHC will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold WHC liable for any of the consequences of such interruptions.
22. Trademarks and CopyrightsThe names Web Hosting Canada, Hébergement Web Canada, WHC, whc.ca, hebergement-canada.net, nCube Solutions, and whc.ca, as well as the logos associated with these names are trademarks owned by WHC. Any use of these trademarks is strictly prohibited without the prior written consent of WHC. In addition, all names and trademarks belonging to third parties and appearing on the WHC Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The WHC Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2010, WHC ALL RIGHTS RESERVED. You can view and download the information contained on the WHC Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without WHC’s prior written consent is prohibited.
23. Questions and ConcernsIf you would like more information about WHC’s Terms and Conditions, please contact WHC via our helpdesk. Please contact us with your questions and concerns and we will deploy our best efforts to assist you.
24. ComplaintsComplaints or policy violations must be reported to firstname.lastname@example.org or by mail at Web Hosting Canada, 7250 Clark Street #301, Montreal, Quebec H2R 2Y3 Canada.
25. LanguageA French version of this document is available at: https://whc.ca/mentions-legales.
26. SeverabilityShould any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
27. Applicable Law and JurisdictionThis Agreement and its interpretation are subject to the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Montreal, Province of Quebec, including disputes regarding the Agreement’s interpretation and its effects.
28. Non-Solicitation of Employees
During the time you are a client with us and for 12 months following you are not permitted to:
a. Encourage or solicit an Employee to complete work for you outside of the Company;
b. Recruit or attempt to recruit an Employee of the Company;
c. Hire or engage an Employee or former Employee whose employment agreement will have ended less than one year prior to the date of recruitment.