Nominal

Terms of service

Please read through the terms of service and let us know if you have any questions.

Updated 19 January 2016

  1. Introduction
    1. These terms of service shall govern your use of our website and service. By using our website and service, you accept these terms of service in full.
    2. These terms of service cover Nominal’s primary website and range of services, as well as all of the websites of our customers.
    3. We may revise these terms of service from time to time, at our sole discretion and without notice.
  2. Copyright
    1. Together with our licensors, we own and control all of the copyright and other intellectual property rights on our website, in the material that appears on our website, and in our services.
  3. Use of our and your websites
    1. You may view the pages of our or your website in a web browser. You may browse the websites for your own personal or business use, but you may not use it for any other purpose.
    2. You may not do any of the following with our websites or services or with any websites we create for you:
      1. download any material from the websites or save any such material to your computer;
      2. edit or otherwise modify any material on the websites;
      3. republish material from the websites (including republication on another website);
      4. host any of the files on any server not controlled by us;
      5. sell, rent or sub-license material from the websites;
      6. show any material from the websites in public;
      7. exploit material from the websites for a commercial purpose;
      8. redistribute material from the websites;
      9. use any files hosted on our website servers for any website not hosted by us;
      10. use any of the files owned by us in the creation of any other material.
    3. We reserve the right to restrict access to areas of our and your websites, or to the websites entirely, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access-restriction measures on the websites.
  4. Licence to use our services
    1. You must own the copyright for any content (including text, images, graphic content, and video) that you provide to us with the intention of appearing on your website.
    2. You retain the copyright of any content that you provide to us. However, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media. And you grant to us the right to sub-license these rights.
    3. We retain exclusive ownership, control and copyright of any content provided by us. This includes the combination of elements that constitute the website design we create for you, as well as the following: photographs; graphic and interface elements, such as icons; colour combinations; and the HTML, CSS and JavaScript files that make up your website.
    4. Your use of our services constitutes a licence. We are licensing our material to you, but you do assume any ownership, control or copyright of this material, and you agree to the terms stated in section 3.2.
    5. You may not use any of our material for any other purpose, including to create posters or business cards.
    6. The licence that allows our material to appear on your website is not exclusive to you. We may use the same material (in the same combination) for as many other customers as we choose.
    7. The licence ends as soon as you choose to terminate your subscription, and you may not use any part of your website (other than the content you provided) for any purpose in future.
    8. We reserve the right to change our services at any time. We will give you at least 14 days notice of any change that substantially affects the website we’ve created for you, and you may terminate your use of our services within that time, without any penalty. If you continue to use our services beyond those 14 days, that will constitute acceptance of the new terms of service.
  5. Acceptable use
    1. You must not:
      1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
      2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      5. access or otherwise interact with our website using any robot, spider or other automated means;
      6. violate the directives set out in the robots.txt file for our website;
      7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
    3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
  6. Registration and accounts
    1. You will not have to create a password-protected account on our website in order to use our services. Instead, you would sign up for our service by completing the form on our website.
    2. The email address that you use to sign up will be your identification during your use of our service.
    3. If the security of your email address is compromised at any time, please let us know immediately so that we can keep your website secure from anyone who may try to impersonate you. We are not responsible for any losses that may be incurred as a result of someone impersonating you.
  7. Your content
    1. You warrant and represent that your content will comply with these terms of service.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms of service, must not:
      1. be libellous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation;
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. be in contempt of any court, or in breach of any court order;
      8. be in breach of racial or religious hatred or discrimination legislation;
      9. be blasphemous;
      10. be in breach of official secrets legislation;
      11. be in breach of any contractual obligation owed to any person;
      12. depict violence in an explicit, graphic or gratuitous manner;
      13. be pornographic, lewd, suggestive or sexually explicit];
      14. be untrue, false, inaccurate or misleading;
      15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      16. constitute spam;
      17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
      18. cause annoyance, inconvenience or needless anxiety to any person.
  8. Content updates
    1. You may request updates to the content of your website, in accordance with the subscription plan you have chosen.
    2. “Content updates” here refers to minor changes to the text, photographs, and video that appear on your website. It does not extend to the design of the website, including but not limited to the layout, combination of elements, graphic and interface elements (such as icons), typography, colour scheme, or code. We reserve the full right to decline any changes to the design of your website.
    3. We will try to implement your requests for updates to the content as quickly as possible. However, we reserve the full right not to implement any request, at our sole discretion. Furthermore, we will not be held responsible for any loss or damage resulting from such a lack of updates.
  9. Payment
    1. Our service is based on a subscription model, whereby you pay a set price each month in exchange for services for that month. The amount is determined according to the prices listed on our website, plus any applicable taxes.
    2. The word “month” in this section shall begin whenever your initial payment is received. In other words, if your payment is received on January 15th, then your subscription period shall be set from the 15th of each month.
    3. Payment for our services is due ahead of time, at the beginning of each month.
    4. Any overdue balance shall be charged a monthly fee of 1.5% or the maximum allowed by law. Payments will be applied to late fees first, then to unpaid balances.
    5. All collection or legal fees caused by late payment shall be paid by you.
    6. We reserve the right to suspend or delete your website at any time for any overdue balance.
    7. We reserve the right to change our prices at any time, at our sole discretion. We will give you notice before the beginning of the next month of your subscription or within 14 days (whichever is greater). You may cancel your subscription by making a written request.
    8. You must give us 14 days written notice if you would like to cancel your subscription. The value of your payment for the remainder of the month is not refundable.
  10. Limitations and liabilities
    1. We do not warrant or represent the completeness or accuracy of the information published on our website, that the material on the website is up to date, or that the website or any service on the website will remain available.
    2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms of service, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    3. Nothing in a contract under these terms of service will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law;
      4. exclude any liabilities that may not be excluded under applicable law.
    4. We will not be liable to you for any personal or business loss or damage arising out of any event, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    5. We will not be liable to you for any special, indirect, or consequential loss or damage.
    6. We will not be liable to you for any loss or corruption of any data, database or software.
    7. You accept that we have an interest in limiting the personal liability of our officers, employees, and contractors; and, having regard to that interest, you acknowledge that we are a limited liability entity. You agree that you will not bring any claim personally against our officers, employees, or contractors for any loss or damage you suffer in connection with the website or these terms of service.
  11. Breach of these terms of service
    1. If you breach these terms of service in any way, or if we reasonably suspect that you have breached these terms of service in any way, we may do any or all of the following at our sole discretion:
      1. send you one or more warnings;
      2. permanently prohibit you from accessing our or your website;
      3. block computers using your IP address from accessing our website;
      4. contact any or all of your internet service providers and request that they block your access to our website;
      5. commence legal action against you, whether for breach of agreement or otherwise;
      6. edit, suspend, or delete your website.
    2. If we suspend, prohibit, or block your access to your or our website or a part of the website, you must not take any action to circumvent such suspension, prohibition, or blocking.
  12. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of service.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms of service.
  13. Severability
    1. If a provision of a contract under these terms of service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of a contract under these terms of service would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  14. Jurisdiction
    1. A contract under these terms of service shall be governed by and construed in accordance with Ontario law.
    2. Any disputes relating to a contract under these terms of service shall be subject to the non-exclusive jurisdiction of the courts of Ontario.

(Parts of this document were adapted from a template provided by SEQ Legal.)