https://asban.com, https://asban.ca, https://asban.host (hereinafter “Asban Web Site“), are operated by Asban INC (hereinafter “Asban“). These Terms and Conditions of Service (hereinafter “Terms and Conditions“) are applicable to your access of the Asban Web Site, and to your use of the services offered through the Asban Web Site. By using any of the services or products provided or serviced by Asban, 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 June 6 2020, and apply to all users.
1. Terms and Conditions
Asban may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. Asban may choose to provide the Client with a prior written notice if the changes significantly impact the Client’s services, but Asban 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 Asban Web Site.
1.1. Eligibility Criteria of Asban Services
The services offered through the Asban 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 Asban Web Site only with the permission and under the supervision of your parents or legal guardian. Asban 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. Accurate Information
You agree to provide us accurate client information while you are using Asban services. This includes your full name, current billing address, phone number and a working email address. You agree to keep us up to date with your information within thirty (30) days of any change.
2.2. 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 Asban immediately of any unauthorized use of your account or of any other breach of security. You agree Asban 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 Asban or another party due to someone else using your Account Access Information. Asban 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 Asban infrastructure in any way.
While Asban 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 Asban liable for any errors or interruption of services, whether within or outside of Asban’s reasonable control.
2.3. Responsibility for Content
You agree that you are solely responsible for the content stored on and served on your Asban 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. Asban 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://asban.com/legal/aup
2.4. Account Suspension and Cancellation
Asban 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.
Asban will attempt to notify you in case of account suspensions or cancellations. In some circumstances, Asban 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 at least 10 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow a Asban agent to properly identify the account in question, including your full domain name and hosting account type.
For certain services, Asban provides courtesy backups to help protect your data.
However, backups can occasionally fail. Under no circumstance will Asban be held responsible for any loss resulting from incomplete or incorrect backups. By using Asban services, you agree to maintain complete backups on your own computers of all data stored on Asban servers.
Asban 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.
4. Acceptable Use Policy
In 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 Asban clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at https://asban.com/legal/aup.
5. Domain Names
Domain name registrations, renewals, and transfers must respect our Domain Names Policy, which can be found at https://asban.com/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 as stipulated by ICANN’s rules and regulations.
7. 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).
At the outset, for Web 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. Asban 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. Asban 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.
8. Site Transfers
In most cases, Asban 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 Asban 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.
9. Affiliate Program
The affiliate program provides you with financial incentives for referring new clients to Asban.
The terms and conditions of the affiliate program can be found at https://asban.com/legal/affiliates
10. Search Engine Listing
Asban is not directly associated with any search engines and is not responsible for the ranking of your web site in search results. However, Asban does offer certain Search Engine Optimization services that may assist you in obtaining favorable search engine rankings with specific search engines, using specific keywords. Asban cannot guarantee specific results beyond what is described or guaranteed on the Asban Web Site.
11. Service Guarantees
11.1. Money-back guarantee
Asban 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, Asban will refund your hosting costs.
The money-back guarantee applies exclusively to eligible services as described in paragraph 14 of the present Terms and Conditions.
11.2. Guaranteed technical support in 24 hours or less
Asban guarantees a response to technical support questions received within a maximum of 24 hours. This guarantee does not apply to incomplete support requests, requests that do not reach us, 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, Asban 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 Asban.
11.3. 99.9% Guaranteed Server Availability
Asban 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. Service credits can only be issued once per month, at the end of a calendar month. Domain names are not eligible for account credits.
Asban 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, Asban 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 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 Asban 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 Asban’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 Asban’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply.
Asban accepts payments by Visa, Mastercard and Paypal (which includes American Express). Asban also accepts non-automated payments by check, Bitcoin, Ethereum, Email Interac transfer, wire/bank transfer and direct deposits at a Scotia Bank 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$50.00, plus taxes.
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. Asban reserves the right to cancel any promotional pricing for any user that attempts to circumvent its intended use or limitations, at Asban’s sole discretion.
14. Refund Policy
You can request a refund within the context of Asban’s money-back guarantee by sending a written request.
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 Asban account.
Pre-paid funds cannot be refunded after the initial money-back guarantee period.
Refunds will generally be issued by Asban 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). 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.
Asban 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 Asban as quickly as possible to correct the error.
15. Chargebacks and Reversals
In the event you issue a chargeback or reversal of charges with your banking institution you will be responsible for a $100.00 chargeback fee, plus the full amount of your original transaction, plus applicable taxes.
Bounced checks returned by Asban’s banking institution due to insufficient funds will incur a penalty of 50.00$, 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.
16. Disclaimer and Limitation of Liability
16.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, ASBAN DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY ASBAN, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE ASBAN 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 ASBAN WEB SITE, THE USER EXPRESSLY AGREES THAT ASBAN MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY ASBAN, EITHER DIRECTLY OR THROUGH A RESELLER AND THE ASBAN WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE ASBAN WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE ASBAN WEB SITE, ASBAN INCLUDES LINKS TO OTHER WEB SITES FOR WHICH ASBAN HAS NO CONTROL. ASBAN 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 ASBAN IN CONNECTION WITH SUCH WEB SITES; AND (iii), ASBAN MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ASBAN 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.
16.2. ASBAN WILL IN NO EVENT BE LIABLE REGARDING THE ASBAN 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 ASBAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
16.3. ALTHOUGH ASBAN ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT ASBAN NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.
17. Entire Agreement
This Agreement, related policies found at https://asban.com/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, ASBAN 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.
18. Force Majeure
Asban 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 Asban liable for any of the consequences of such interruptions.
19. Trademarks and Copyrights
The names Asban, asban.com, asban.ca, asban.host, Asban Hosting, as well as the logos associated with these names are trademarks owned by Asban. Any use of these trademarks is strictly prohibited without the prior written consent of Asban. In addition, all names and trademarks belonging to third parties and appearing on the Asban Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The Asban Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright, Asban ALL RIGHTS RESERVED. You can view and download the information contained on the Asban 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 Asban’s prior written consent is prohibited.
20. Questions and Concerns
If you would like more information about Asban’s Terms and Conditions, please contact Asban via email. Please contact us with your questions and concerns and we will deploy our best efforts to assist you.
Complaints or policy violations must be reported to firstname.lastname@example.org or by mail at Asban inc, 30 Waban-Aki, J0G 1H0 Odanak, QC, CANADA.
A French version of this document is available at: https://asban.com/mentions-legales.
Should 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.
24. Applicable Law and Jurisdiction
This 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 Sorel-Tracy, Province of Quebec, including disputes regarding the Agreement’s interpretation and its effects.