• Mortgage Professionals
• Real Estate Professionals
• Website Optimization
• Custom Web Solutions

Terms and Conditions

1) Definitions

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THIS CONTRACT FOR SERVICES. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AS HEREIN OUTLINED DO NOT CLICK THE ACCEPT BUTTON ON THE ORDER FORM.  ACCEPTANCE OF SERVICES IS ACCEPTANCE OF THIS CONTRACT AND ROAR SOLUTIONS INC. RESERVES THE IRREVOCABLE RIGHT TO TERMINATE SERVICES SHOULD NO ACCEPTANCE OF THIS CONTRACT BE RECEIVED BY THE CLIENT TO ROAR SOLUTIONS INC. ACCEPTANCE BY EMAIL SHALL CONSTITUTE ACCEPTANCE AS IF IN WRITING AND BE FINAL AND BINDING AND CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO.

1-1) The term "Client" as referenced herein shall apply to the full contact information as submitted on the Roar Solutions Inc. online order form.

1-2) The term "Roar Solutions Inc." as referenced herein shall apply to :

A limited liability company (incorporated April 26th, 1991 as 920771 Ontario Inc. amended in 2003 to Roar Solutions Inc. hereinafter referred to as Roar Solutions Inc. operating under the laws of the Province of Ontario and shall provide for the following indemnity with respect to all services provided herein (acceptance of this contract is an acceptance of this indemnity): In no way shall Roar Solutions Inc. be liable to the client or any third party of the client for any indirect, consequential, punitive or non-contractual damages or lost profits, claims or other resulting out of or associated with this agreement or any services provided herein that without exhausting the generality of the foregoing shall indemnify and save harmless the shareholders, principals and related corporate entities of Roar Solutions Inc. The client acknowledges and accepts advance disclosure of this liability waiver and indemnity to Roar Solutions Inc. it's subsidiaries and assigns and recognizes that the term "Roar Solutions Inc." as herein and aforementioned referenced shall apply to the full extent of this indemnity.

1-3) The term "Content Management System" shall apply to:

A section of the clients web site provided by Roar Solutions Inc. per an agreed to contract for services between Roar Solutions Inc. and the client whereby the ability to control content shall be controlled by the Client through a Content Management System accessible by any one on-line through input of the correct password and username. The Client is responsible for the maintenance and confidentiality of the username and password of the Content Management System. Any breach of use or distribution of the password to other third parties not party to this contract shall in itself be a breach of this contract rendering at the irrevocable option of Roar Solutions Inc. the right, without exhausting any further rights contained herein to terminate this contract.

1-4) The Hosting Service Account as referenced herein shall apply to the following services:

Virtual Server Hosting Account:
www.YourDomain.com hosted on our severs as a virtual server account including features from time to time added or deleted at the sole discretion of Roar Solutions Inc.

Domain Name Registration:
The responsibility of maintaining your domain registration renewal and registration with a recognized and registered domain name provider shall remain the sole responsibility of the client.
 
One Password Protected Directory:
If you have knowledge of and need to FTP files for password protected transfer to third parties we offer this service (subject to account terms as included in or addition to the hosting price quoted). Use of your virtual host for file upload and download shall be limited to the allowable amount of file storage and transfer as defined herein.  
 
Network Uptime:
Roar Solutions Inc. maintains server services that currently provide an average overall uptime of 99% Network uptime and daily back-up. There exists times when server back-up and or access to server (times of maintenance and update) require a downtime access to server. Any maintenance downtime will be scheduled to occur in non-peak hours.  The client agrees to indemnify and save harmless Roar Solutions Inc. from any and all third and direct party obligations as a result of server downtime which for all intensive purposes shall apply for loss of storage data, email access, database content and or transfer interruption during such times. 
 
Content Management System:
Roar Solutions Inc. shall provide the client a section of their web site (unless service provided by Roar Solutions Inc. is limited to a hosting only account) that shall contain a "Roar Solutions Inc. Content Management System" enabling the client through the Internet and an assigned username and password to control content (real time) to be displayed within sections of the web site. The client shall be solely responsible for any redistribution or third party accessibility by the way of the assigned username and password. In addition the Client shall be responsible for all content contained within said web site.
 
Data Back-up:
While our servers provide for daily tape back-up of data the responsibility of maintaining data back-up of all content, files and without exhausting the generality of the foregoing kb's of information shall be the responsibility of the client.
 
Data Storage and Transfer:
Your hosting account allows you access for storage and data transfer rates as outlined in your proposal for services.  If client exceeds available storage/bandwidth space for their account, they will be charged the next level hosting package cost on the following months hosting bill.  

Web Site Design Template:
Roar Solutions Inc. offers semi customizable website design templates.  All website templates, flash templates and other products are ready-made web designs, that can be used as a basis for fast and high-quality website solutions.  Our website templates, flash templates and all other products can be customized or used as is.  The client will not have any exclusive license or ownership to any website templates or flash templates design concept unless specifically agreed upon in writing.  All website templates and flash templates will be made availabe to any Client wishing to sign up with Roar Solutions' website services.

Web Stats and Measurement:
The Client shall have access to server-based traffic measurement software as provided by Roar Solutions Inc. for the measurement of vital web site statistics of www.YourDomain.com. Roar Solutions Inc. irrevocably reserves the right to amend these services at there sole and unfettered discretion.
 
Email Accessibility:
We agree to respect privacy of email communication sent, limited only to our rights for disclosure under law, the Internet is a public domain and while we shall strive to provide secure access we shall not be liable for any propagation of email or content to non-related third parties deriving access without our control or approval to any messages disseminated though our server for or on behalf of our Client.

2) Terms of Use

Roar Solutions Inc. shall provide the user web services account (includes website design, website and email hosting, direct email campaigns, and other database driven modules) incorporating within any third party services supplied through Roar Solutions Inc. or added and amended from time to time at the sole and irrevocable discretion of Roar Solutions Inc.. The web site services and hosting account shall require you as a Client of Roar Solutions Inc. to abide by terms of service as herein outlined. By accepting the terms of use as herein outlined you are accepting and agreeing that any violation by you as Client of Roar Solutions Inc. shall at the irrevocable option of Roar Solutions Inc. render this Contract without exhausting the generality of the terms and conditions contained herein, null and void.

2-1) Software Licence Limitations:

The client shall not directly or indirectly (nor will it authorize other third parties to) :

• Copy the Control Panel software provided by Roar Solutions Inc.
• Reverse Engineer or decompile the software provided by Roar Solutions Inc.
• Transfer or assign to any third party the rights of use of the software provided by Roar Solutions Inc. to any third party without the express written consent of Roar Solutions Inc.
• Develop or code any derivative or other software program(s) based in whole or in part on any software provided by or licensed through Roar Solutions Inc. to the client.

Roar Solutions Inc. develops proprietary software. You shall have no rights to this proprietary software and related documentation, or any enhancements or modifications thereto. You may not copy, transcribe, distribute, disassemble, modify, reverse engineer or create derivative works of this software.

2-2) Proprietary Rights :

The Client shall not have any right, title or interest either expressed or implied to the following :

•  Website design templates, flash website design templates or any other web product Roar Solutions' develops.
•  Proprietary code of the Roar Solutions Inc. Content Mangement System.
•  Proprietary code of the Roar Solutions Inc. Real Estate Web Solution System.
•  Proprietary code of the Roar Solutions Inc. Mortgage Websolution System.
•  Copyrights, patents, trademarks, trade secrets and or any other proprietary rights of Roar Solutions Inc. or third party supplier of Roar Solutions Inc.


2-3) Sole Responsibility of all Content:

The client shall be wholly and separably responsible for the distribution of all content displayed within the Clients web site without exhausting the generality of the foregoing any breach of copyright, legality of content displayed with respect to any law shall be the sole responsibility of the Client.  The Content of the Client, trademarks, copyrights and proprietary rights of the Client shall remain those of the Client.

3) Termination of Agreement:

Roar Solutions Inc. shall prorate or credit for services paid by client should the client elect for early termination.

If the length of term is month to month Roar Solutions Inc. requires either 30 days advance notice of early termination or payment of one month hosting for early termination.

Roar Solutions Inc. reserves the right to terminate services if fees for all services provided by Roar Solutions Inc. have not been paid in full, in advance of early termination.

Any Breach of the terms of this Agreement by the client shall constitute at the sole and irrevocable option of Roar Solutions Inc.  a breach of this contract and Roar Solutions Inc. shall have the irrevocable right to terminate services.

Should Roar Solutions Inc. elect to cancel the provision of services offered it may do so at it's sole and irrevocable option at any time during the course of this contract, by providing 30 days advance notice to the Client of intent to terminate services or a portion of services offered.

4) Assignment of Agreement: 

The terms of this Agreement shall be assignable at the sole and irrevocable option of Roar Solutions Inc., to a third party provider by Roar Solutions Inc. and effective of such assignment Roar Solutions Inc. shall be relieved of any and all such obligations relating hereto and the third party recipient shall be bound by the same terms of this contract for services and the "RoarSolutions" as referenced herein shall effective upon such assignment shall be replaced with the name of the third party recipient of such assignment from Roar Solutions Inc.

5) Reference of Client by Roar Solutions Inc.:

Roar Solutions Inc. reserves the right to distribute and reference the Client as a client of Roar Solutions Inc.. In addition any correspondence from the Client to Roar Solutions Inc. can be used by Roar Solutions Inc. within any marketing based initiative by Roar Solutions Inc. including but not limited to listing on RoarSolutions web site www.RoarSolutions.com, testimonial reference, printed and on-line marketing based programs.

6) Payment and Billing Policies:

Roar Solutions Inc. reserves the right to initiate services or development time until a fee of 50% of the contract for services is received. The balance shall be due and payable effective of the completion of services as outlined by Roar Solutions Inc.

The following is intended to supplement the Roar Solutions Billing Policy by providing a context for it, without conflicting therewith.

6-1) Roar Solutions Inc. reserves the right to terminate services at any time for non-payment of fees due on account.
6-2) Hosting fees are payable monthly or annually in advance.  Monthly payments must be received within the first 10 days.  Roar Solutions Inc. reserves the right to terminate services at any time after the 10th day for non-payment fees due on account.
6-3) Initial hosting fees will commence 30 days after the initial signup fee has been paid (order confirmation) OR immediately after your new website has been launched whichever is sooner. Clients that initiate the new website process and decide to place things on hold will still be charged a monthly hosting fee. 
6-4) Interest on late payments shall accrue at the rate of 3% per month.
6-5) A $50 fee shall apply for any NSF cheque received by Roar Solutions Inc. from the client.
6-6) Initial activation and set-up fees are non-refundable.
6-7) Monthly hosting fees (payable annually in advance) shall continue until termination of the Agreement.
6-8) In the event of default of the terms of this contract for services Roar Solutions Inc. reserves the right (acting without prejudice) to withhold domain DNS transfer until such time as all outstanding items are paid in full with penalties and interest.
6-9) Your virtual hosting account provides for a pre-defined amount of storage space and data transfer. Any excess in use of space over that allocated (outlined herein within Section 1-4) under Data Storage and Transfer at the then current rate charged by Roar Solutions Inc..
6-10) GST will be charged where applicable Roar Solutions Inc. GST Registration Number is 131038317RT0001.

7) Warranty Disclaimer, Limited Liability and Indemnity:

7-1) All services provided are done so on an "as is" basis and Roar Solutions Inc. does not make any representations or warranties either expressed or implied including but not limited to, warranties of merchantability, noninfringment and title, any warranties arising from a course of dealing with usage and/or trade practices and there is no warranty that the service provided will be uninterrupted, error-free or completely secure.

7-2) Roar Solutions Inc. shall in no event be liable to the Client or any third party for any indirect, consequential, punitive or noncontractual damage or lost profits arising out of or related to this Agreement for Services.

7-3) The Client will indemnify and hold Roar Solutions Inc., it's officers, directors, employees, agents and affiliates (each as an "Indemnified Party") harmless from and against any and all costs, liabilities, losses and expenses related to any action taken against the Client related directly or indirectly to the provision of the services provided for by Roar Solutions Inc. to the Client.

7-4) If the Client has a "Roar Solutions Inc. Content Management System" the client shall be wholly responsible for any redistribution of the username and password access, saving RoarSolutions harmless form any and all claims resulting from any third party violation of access to the site and it's content.

8) Independent Contractor Status:

Roar Solutions Inc. is an independent contractor and there is no agreement either expressed or implied to establish any relationship of partnership, joint venture, employment, franchise or agency between Roar Solutions Inc. and the Client. The Client has no authority to bind Roar Solutions Inc. to any third party agreement(s).

9) Privacy Policy:

Roar Solutions Inc. is deeply committed to respecting and protecting your right to privacy and takes your privacy seriously. We have very strict privacy policies and we strive to keep your personal and financial information secure. To that end, we have prepared a privacy policy to disclose and describe our information gathering and dissemination practices for this website.

10) Billing:

One time setup fees are due before commencement of project.  Cancellation of any projects is subject to payment of % of completed project + $50 administration fee.
Monthly hosting is billable at the start of the month of each month for upcoming hosting cycle.
Client is responsible for first and last months hosting payment on first invoice and then monthly for all subsequent invoices.

11) Contacting Us:

If you have any questions about this privacy policy or need to contact us, please contact us at the following updated Contact page.