BLUE HUT TECHNOLOGY ACCEPTABLE USE POLICY, TERMS AND CONDITIONS

DEFINITIONS

In this Agreement, the following expressions shall mean:-

"Blue Hut" - Blue Hut Technology
"Client" - any person, persons or organisation engaging the services of Blue Hut Technology
"Inappropriate Material" - material that under the laws of any jurisdiction where the material can be accessed is or may be any of the following:- abusive, defamatory, harmful, libellous, malicious, obscene, pornographic, profane, threatening, unlawful, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code
"Intellectual Property Rights" - copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world
"Relevant Legislation" - such laws of the Province of Alberta and Canada and the Client's country as relate to data protection and any laws of Province of Alberta and Canada and the Client's country governing Inappropriate Material
"Service"/"Services" - the services identified to be provided by Blue Hut Technology to the Client on any letter of confirmation, quotation, email, verbal communication or other correspondence written or verbal, from Blue Hut Technology to the Client or from the Client to Blue Hut

PAYMENT & SERVICES

Non-delivery or non-performance of services by any third party shall not give the Client any right to delay any payment to Blue Hut or to make any claim whatsoever against Blue Hut

The Client agrees to make payment for the Services by payment of invoice within 30 days of the invoice date. All payments shall include GST at the prevailing rate. All payments shall be made by cash or cheque. Payment is not accepted by credit or debit card. If any monies become overdue for payment Blue Hut may remove, or not remove, the Clients web site from the hosting service, without prejudice to Blue Hut's rights to claim for the first monies owed, interest and costs of collection

Blue Hut will notify the Client, not less than 14 days before expiry of the current web site hosting term, for renewal of hosting, any fee increases will be notified to the Client prior to an invoice being issued

All work/services carried out by Blue Hut remains the property of Blue Hut until any account relating to that work/services is paid in full by the Client, on full payment the Client becomes owner of any work/services provided by Blue Hut

INDEMNITY

The Client hereby agrees fully to indemnify and keep indemnified and hold harmless Blue Hut, its employees and agents from and against any and all claims, costs, damages, losses or liability (whether civil or criminal) and expenses (including, but not limited to, legal fees) sustained or incurred by Blue Hut or any of its employees and agents directly or indirectly and in any jurisdiction as a result of:-

the provision by Blue Hut to the Client of any Service, or
any breach by the Client of any of its warranties contained in this Agreement; or
any content material or required mode of operation supplied or specified by the Client for any Service; or
any breach by the Client of any of its obligations in this Agreement

The Client undertakes that it will not transmit Inappropriate Material, infringe the Intellectual Property Rights of any third party, or transmit bulk email (spamming)

The Client acknowledges that it is responsible for complying with any Relevant Legislation

The Client acknowledges and agrees that Blue Hut is not responsible for the security of the contents of email sent or received by the Client, and that Blue Hut are not responsible for non-receipt, non-delivery or mis-routing of email or any failure of the email system

Force Majeure - Blue Hut shall bear no liability for loss, damage or delay howsoever arising caused by circumstances outside its control

WARRANTY

Blue Hut relies on third party suppliers to provide uninterrupted Services and to the extent Services are reliant on third parties products and services, therefore Blue Hut makes no warranties or representations that any Service will be uninterrupted or error-free, due to the nature of the Services being provided by means of computer and telecommunication systems

In no event will Blue Hut be liable to the Client for any indirect or consequential loss or damage whatever (for example but not limited to loss of business, loss of opportunity, loss of profits)

WEB DESIGN, WEB HOSTING & EMAIL

These terms and conditions shall apply to the agreement between Blue Hut Technology ("Blue Hut") and any person, persons or organisation ("the Client") applying for the provision of services by Blue Hut

The Client acknowledges and accepts that it bears sole responsibility, legal and otherwise for the content of all material appearing on the Clients web site designed or hosted by Blue Hut

The Client agrees to keep secure from third parties any passwords issued by Blue Hut to the Client for the maintenance or administration of its web site or email accounts

The Client recognizes that for stand alone utilisation of Blue Hut's web site hosting service the Client requires a knowledge of certain protocols, including but not limited to file transfer protocol (FTP), with responsibility for uploading web site content. The Client recognizes that it is not the responsibility of Blue Hut to provide such knowledge, but Blue Hut may endeavour to assist the Client under "goodwill"

All files uploaded to the server must not violate copyrights, must be legal, must not be malicious or offensive in nature and must be virus free. Files that can be accessed by the public must be suitable for family viewing and not contain adult or explicit material

All forms, scripts, programs and/or databases uploaded to the server must be "bug free" and fully functional. Under no circumstances should any executable program or file be uploaded with written authorisation from Blue Hut

Any Client or or person who uploads a virus and/or virus infected file, whether knowingly or unknowingly, will be responsible for the full cost of repairing and restoring the affected server or servers

The Client acknowledges that it bears sole responsibility for ensuring adequate backup of web site content when utilizing the Blue Hut web site hosting service

Blue Hut acknowledges that it bears responsibility for ensuring adequate backup of web site content when the Clients site is part of the Blue Hut website design service

The Client is prohibited from sending email that is illegal, terrorist in nature, threatening or harrassing

The Client agrees not to intercept or redirect email intended for others without their written authorisation, and will not use impersonation with the intent of misleading the receiver into believing that the sender is someone other than who they are

The Client agrees not to maliciously, knowingly or otherwise send email with either corrupted data or viruses present

COMPUTER REPAIRS

The Client acknowledges and accepts that it bears sole responsibility, legal and otherwise for ensuring that the nature of their requirements for Services provided by Blue Hut is communicated to Blue Hut before commencement of Services

All equipment provided by Blue Hut to the Client shall have a minimum 12 months warranty period, unless stated otherwise, and subject to correct use by the Client and excluding misuse, abuse, unauthorised tampering or deliberate damage

Blue Hut will make every possible effort to preserve Clients data, however they make no guarantees whatsoever that data will be intact after the computer(s) have been repaired and tested. The Client agrees not to hold Blue Hut responsible for any loss or damage to data as a result of repairs, upgrades or any other services carried out on their computer(s) or network

On-site visits benefit from a no-fix no-fee policy if the engineer is technically unable to resolve the reported problem. If Blue Hut can't fix the problem on-site due to external dependencies such as faulty equipment or no internet service or lack of original disks or drivers, the Client is liable to pay the minimum standard charge agreed at the time of booking, or $60 + GST if no agreed minimum charge was discussed at that time. If at least one of the original problems reported by the Client is fixed by the on-site engineer, the Client is liable to pay the full price agreed at the time of booking

Workshop repairs benefit from a no-fix no-fee policy if Blue Hut is unable to fix the original reported problem, however Blue Hut reserve the right to charge the Client a diagnostic fee of $60 + GST. Where several faults are reported by the Client and at least one of the faults has been successfully repaired, the Client is liable to pay the full amount agreed at the time of booking. No-fix no-fee does not apply to partially repaired computer(s)

If Blue Hut is unable to repair the computer(s) due to non-supply of parts by manufacturers or suppliers, a diagnostics fee of $60 + GST may apply to any computer(s) under repair. The diagnostics fee will cover the time spent on fault diagnosis and re-assembly of the computer(s) and cost of collection and return of the computer(s) if applicable. Blue Hut may waive the diagnostics fee at their discretion

If the Client's computer develops a fault in the course of service delivery by Blue Hut on-site or off-site, the Client agrees not to hold Blue Hut responsible for the fault. However, Blue Hut will do its best to remedy the problem at no cost to the Client unless parts are required

All computers repaired by Blue Hut are checked for viruses and are free from viruses before delivery to the Client. Blue Hut is not responsible for any virus infections that occur after the Client has received the computer(s). A charge will apply for the removal of any virus(es) in the computer(s) after the delivery of the computer(s)

GENERAL

Blue Hut reserves the right to amend these Terms and Conditions under which Services are offered without formal notification to the Client, the current Terms and Conditions will be available on request and also at all times on the Blue Hut website located under Terms

The Client must provide Blue Hut with accurate details of the domain name to be transferred to the Blue Hut hosting service, email and land mail addresses, and must notify Blue Hut immediately of any changes

Blue Hut reserve the right at anytime without notice to remove any Client from its hosting service for breach of Inappropriate Material, or for linking to Inappropriate Material

The Client is deemed to have accepted and agreed to these Terms and Conditions by notifying Blue Hut of their intention to commence/continue with the services provided by Blue Hut

Any dispute resolution shall take place in the Province of Alberta, or at another location if the parties so agree

CONFIDENTIALITY

The Client acknowledges that by reason if its relationship with Blue Hut, it may have access to certain information, materials, software technology and marketing strategies that are confidential and of substantial value to Blue Hut, which value would be impaired if such information were disclosed to third parties. The Client agrees that it will not use in any way for its own purposes nor for the purposes of any third party, nor disclose to any third party, any such information revealed by Blue Hut. The Client also agrees to take every reasonable precaution to protect the confidentiality of such information

The Client agrees to abide by this confidentiality requirement whether as a current Client or a terminated, for whatever reason, Client

Last update: 01/01/07