By utilizing our design, development, web hosting or email services you acknowledge that you have read and will comply with the Silver Barrel Solutions Terms of Service below.​

This policy represents the Silver Barrel Solutions Terms of Service and supersedes any other written or oral policy. Silver Barrel Solutions reserves the exclusive right to change, amend or revise any portion of these Terms of Service at any time, with or without written notice to the Client.  Clients using any services offered by Silver Barrel Solutions agree to be obligated by and must comply with all policies in these Terms of Service or must otherwise opt out of and cancel their web hosting or email service with Silver Barrel Solutions. Silver Barrel Solutions retains the sole discretion to make judgment regarding any violation by any Silver Barrel Solutions customer and may take action against any customer deemed to be in violation of these terms including the suspension and/or cancellation of any Client's services without refund and/or, if deemed appropriate, be legally prosecuted. All prices are in Canadian dollars (CAD) and are subject to all applicable taxes.  US currency is accepted at par with Canadian.


Limited Liability

IN NO EVENT SHALL Silver Barrel Solutions BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Silver Barrel Solutions. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Silver Barrel Solutions. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Silver Barrel Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Silver Barrel Solutions. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Silver Barrel Solutions FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Silver Barrel Solutions. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold Silver Barrel Solutions and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Silver Barrel Solutions servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Silver Barrel Solutions equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Silver Barrel Solutions. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business. 


Website Hosting and Domain Registration Services

  1. Silver Barrel Solutions Terms and Conditions chiefly prohibits: acts that are illegal; acts that violate generally accepted standards of online behaviour; acts that misuse Silver Barrel Solutions resources.
  2. It is the Client's responsibility to maintain proper backups of their data, including website files, databases and emails.  Unless you're subscribed to a specific Silver Barrel maintenance plan, Silver Barrel Solutions keeps weekly backups of our server.  Please note that restoration of any data from our  weekly server backup will be billed at our hourly rate of $75/hr (billed by the 1/4 hour).  It is strongly recommended that you keep a local copy of important data and emails and make them part of your regular backup routine.
  3. Website hosting and domain registration services are billed 30 days prior to their renewal date. Should payment in full not be received by the renewal date the hosting account will be automatically suspended and the domain name will not be renewed.  Please note that most domain registrars have a grace period during which your domain can be renewed without penalty.  After the grace period, you must pay a redemption fee (often $80-$100) plus the cost of regular renewal if you want to keep the domain name.  Silver Barrel Solutions is not responsible for this redemption fee and requires it to be paid prior to reactivating your domain.
  4. Website hosting cancellations require 1 month notice prior to your monthly renewal date.  A cancellation fee of up to $50 applies to all account cancellations requiring the processing of a refund.  Upon cancellation, any assistance with the transfer or delivery of website files, email data or domain names will be billable at our regular hourly rate of $75/hour (billed by the 1/4 hour) and this fee must be paid prior to the support or delivery of files.  If the Client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount during that term.  Once an account has been cancelled, all files and emails will be deleted from our server making them unavailable.
  5. Any domain name that Silver Barrel Solutions registers on behalf of the client shall be registered using a Silver Barrel Solutions account at our selected domain registrars. This enables us to effectively manage domain names on behalf of the Client. Given that their account is in good standing with Silver Barrel, the Client may, at any time, request that ownership of the domain be transferred. Silver Barrel Solutions is committed to processing these requests in a timely manner. Silver Barrel Solutions is not responsible for any transfer or renewal fee that may be changed by the new, receiving domain registrar.  Our regular rate of $75/hour (billed by the 1/4 hour) will apply to those domains not registered by Silver Barrel Solutions and that are in a non-Silver Barrel Solutions account.
  6. The Client acknowledges that website coding languages, internet browsers and server technologies are constantly evolving. Silver Barrel Solutions shall not be held responsible for any costs associated with updating any portion of the client’s website due to future incompatibilities.
  7. Silver Barrel Solutions reserves the right to suspend any website hosting account should the website software be found to be outdated and potentially susceptible to vulnerabilities.  The client will be notified in advance that their web software is in need of an update.
  8. Silver Barrel Solutions is not responsible nor liable for the accuracy of any content published by the Client. By publishing content (including, but not limited to images, photographs, graphics, text) you are warranting that you own all proprietary rights, including copyright, in and to the content. In addition, to the extent that the content contains images of people, persons, property or structures, you represent and warrant that you have obtained a valid and binding model or property release from all required parties allowing the applicable use of this image. The Client agrees that neither Silver Barrel Solutions nor any of its directors, officers, employees, partners, affiliates or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use any content.  Silver Barrel Solutions reserves the right to request that any content violating this policy or any laws be removed subsequent to account suspension.
  9. It is your responsibility to maintain the integrity of your passwords by ensuring they are strong, unique and securely stored.  Any damages caused by malicious access to your account or your website that is to be deemed caused by a compromised password will be the responsibility of the Client.  Any cost associated with repairing this damage will be billed at our regular rate of $75/hour (billed by the 1/4 hour) or at our 'Fix My Site' rate of $200.
  10. Silver Barrel Solutions provides website hosting and email services.  We publish all of the information that you’ll need to access your account and to configure your email on various devices and in most popular software applications.  We offer a 24/7 support desk system to assist with general questions.  Beyond general published instructions and general troubleshooting, we do not provide support for 3rd party devices and applications, either by email, support desk or telephone.  For this level of support, we suggest that you hire a local IT consultant.
  11. Client agrees to use only properly licensed third party software in connection with Client's use of Silver Barrel Solutions services. 
  12. The function of our Client's web sites are diverse and Silver Barrel Solutions cannot be held responsible for any service interruption due to client's error or due to, but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
  13. Your enrollment in a website maintenance plan is not a guarantee or warranty of your websites health, security or performance.  Silver Barrel Solutions is not responsible for malicious attacks or compromised websites.

Email Services

  1. The following is a non-exclusive list of what is prohibited with your Silver Barrel Solutions email account:
    1. You must not contravene Canada’s anti-spam legislation (CASL) (http://fightspam.gc.ca)
    2. You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.
    3. Individuals who maintain mailing lists should ensure that their mailing list software requires confirmation of subscription to prevent malicious subscriptions to lists by third parties.
    4. You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers.
    5. Forging, altering or removing electronic mail headers is prohibited.
    6. You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").
    7. You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages.
    8. You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.
    9. Silver Barrel Solutions accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.
    10. If you use the services of another provider to promote a web site hosted by or through Silver Barrel Solutions, then the provisions of this Acceptable Use Policy shall apply to the methods used to promote such site. 
  2. It is your responsibility to maintain the integrity of your passwords by ensure they are strong, unique and securely stored.  Any damages caused by malicious access to your account that is to be deemed caused by a compromised password will be the responsibility of the Client.  Any cost associated with repairing this damage will be billed at our regular rate of $75/hour (billed by the 1/4 hour).
  3. There is a $50 service charge for any returned cheque.
  4. Silver Barrel Solutions provides website hosting and email services.  We publish all of the information that you’ll need to access your account and to configure your email on various devices and in most popular software applications.  We offer a 24/7 support desk system to assist with general questions.  Beyond general published instructions and general troubleshooting, we do not provide support for 3rd party devices and applications either by email, support desk or telephone.  For this level of support, we suggest that you hire a local IT consultant.

Design and Development Services

  1. All invoices are due upon receipt. Invoices outstanding after 30 days will be charged a 5%/month late fee. Accounts past due beyond 60 days will be suspended until any outstanding balance is paid in full. Accounts past due beyond 90 days will be turned over to collections.
  2. Fee quoted includes one set of final mechanical artwork or functional website, as described in the Scope of Work (SOW). Further changes to this final product will be provided at our regular rates as stated below.
  3. Silver Barrel Solutions regular billing rates are as follows: $75.00 per hour (billed by the 1/4 hour) for design and website development services and $65 per hour (billed by the 1/4 hour) for general website maintenance and software updates. Upon full payment of all fees and expenses, the rights to use the designs and/or artwork transfer to Client, as noted below.
  4. Finished projects where the final amount owing is over $100 will not be released until payment in full is received.
  5. Fee Billing: fifty (50) percent prior to project commencement, zero (0) percent following completion of concept development, zero (0) percent upon completion of design development, fifty (50) percent upon completion of production and prior to delivery to the client, unless other arrangements are made in writing.
  6. Upon commencement of the project, the initial payment of fifty (50) percent becomes non-refundable. No project will commence until the deposit is paid in full.
  7. Silver Barrel Solutions deems that a project is complete upon issuing an invoice to the Client and will warranty our work for a period of 90 days after completion. Any concerns, revisions, bugs, errors, etc. must be brought to the attention of Silver Barrel Solutions, in writing, during this time period.
  8. Unless otherwise agreed, Silver Barrel Solutions shall be accorded a credit line on the final print or online product.
  9. Silver Barrel Solutions reserves the right to use any portion of the project as a portfolio advertising piece.
  10. Fees quoted are based upon work performed during the course of regular working hours (based on a 40 hour week). Overtime, rush, holiday and weekend work necessitated by Client's specific directive is billed at 1.5 times our applicable hourly rate.
  11. Work Change Orders will be issued for changes to the scope of work that result in a deviation from the estimated costs of the project. In some cases a new project estimate may be required. In all cases, work will not commence until client approval has been received by Silver Barrel.
  12. In addition to the fees and costs estimated herein, costs incurred for outside services such as messengers and courier services as well as any purchases made on the Client’s behalf are billable (at cost). Travel expenses outside of the greater Victoria area are billed additionally, at cost. Charges for sales tax, insurance, storage, and shipping and handling will be billed additionally. Silver Barrel Solutions is not liable for the cost, quality, workmanship, condition, or appearance of such third party items.
  13. The Client and Silver Barrel Solutions may terminate the project based upon mutually agreeable terms to be determined in writing.
  14. The information contained in any Silver Barrel Solutions proposal is valid for 30 days. All fees and costs are estimated. Silver Barrel Solutions ability to meet deadlines is predicated upon the Client's provision of all necessary information and approvals in a timely manner. Changes in scope of work and/or project specifications may require a revision to the information provided herein or in the Project Estimate. If the Client fails to provide information or approvals in a timely manner, the Project may lose priority and be rescheduled at the discretion of Silver Barrel Solutions. All timelines will be laid out in the Scope of Work portion of the Project Estimate.
  15. Design documents including, but not limited to, sketches/comps, designs, illustrations, photography, models, and all other design documents are the exclusive property of Silver Barrel Solutions. Exclusive copyright of these materials is reserved by the Silver Barrel Solutions; upon full payment of all fees and costs, Client is granted the right to use the designs contained in these materials as per project contract or as specified below. Rights transferred are limited to: final design product only and does not include Silver Barrel Solutions working files. All others rights remain the exclusive property of Silver Barrel Solutions.
  16. Stock images that Silver Barrel Solutions is required to supply for the project will be billed at cost plus a $10 service charge and will be archived by Silver Barrel Solutions on behalf of the Client for use in future projects designed by Silver Barrel Solutions. Exclusive copyright of these images is reserved by Silver Barrel Solutions or the photographer. Custom photography is available at our regular rate of $75.00/hr. 
  17. Photographic images supplied by the Client shall be a minimum image size of 800 x 600 pixels at 72dpi for website development and a minimum image size equal to the final output size that is required, at 300dpi for print projects.
  18. Images that are supplied as print photographs will be subject to a scanning and correction fee of $25.00 each. Images that are supplied as photographic negatives shall be subject to a negative scanning and correction fee as determined by the requirements of the project.
  19. Any changes to the final project by the Client are done at their own risk. Regular Silver Barrel Solutions billing rates apply to any corrections that are required to the project before, during or after completion. The Silver Barrel Solutions name or logo shall not appear on any artwork that has been changed by the client unless express written consent is granted by Silver Barrel Solutions. In the event of any website changes performed by the client to the final project, any author descriptions, meta tags and alt tags referring to Silver Barrel Solutions must be removed.
  20. Silver Barrel Solutions is not liable for any damages or expenses incurred by the client in the use of any part or all of the project.
  21. Silver Barrel Solutions is not responsible nor liable for the accuracy of any content provided by the Client. By supplying content (including, but not limited to images, photographs, graphics, text) you are warranting that you own all proprietary rights, including copyright, in and to the content. In addition, to the extent that the content contains images of people, persons, property or structures, you represent and warrant that you have obtained a valid and binding model or property release from all required parties allowing the applicable use of this image. The Client agrees that neither Silver Barrel Solutions nor any of its directors, officers, employees, partners, affiliates or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use any content.
  22. Unless specifically stated in writing by Silver Barrel Solutions, any costs associated with printing, signage fabrication or installation are NOT included. Silver Barrel Solutions is not responsible for any work performed by 3rd party contractors that the Client arranges.
  23. Any project that is stalled by the client for more than 30 days beyond the scheduled completion date shall be archived. Archival fees will apply to reactivate the project and the project shall be rescheduled for a future date as available in Silver Barrel Solutions work calendar. Should a project be stalled by the client for more than 30 days beyond the scheduled completion date and that project is deemed by Silver Barrel Solutions to be completed as far as possible given the information and content provided, the full dollar amount as laid out in the signed contract (minus any deposits or payments) shall become due and Silver Barrel Solutions shall immediately bill for this amount.
  24. Unless otherwise stated in the Scope of Work, Silver Barrel Solutions shall use WC3 compliant website coding and shall develop in a LAMP (Linux, Apache, MySQL, PHP) environment. Any existing hosting account to be used must support this technology or The Client shall be responsible for any costs involved in converting their hosting account for compatibility.
  25. The Client acknowledges that website coding languages, internet browsers and server technologies are constantly evolving. Silver Barrel Solutions shall not be held responsible for any costs associated with updating any portion of the client’s website due to future incompatibilities.
  26. Unless specifically noted by The Client in writing, it is assumed that this website is not required to be Accessibility Compliant and Silver Barrel Solutions shall not be held responsible for any related liabilities.
  27. Unless otherwise stated, Silver Barrel Solutions will receive and archive a backup copy of The Clients formmail submissions. These formmail submissions are kept strictly confidential and may be requested by The Client at any time.

Website Maintenance Plans

  1. Maintenance plans are meant as a preventative measure to ensure site security and performance.  Your enrollment in a website maintenance plan is not a guarantee or warranty of your websites health, security or performance.  Silver Barrel Solutions is not responsible for malicious attacks, compromised websites, incompatible software or negligence of website administrators or users. 
  2. We take privacy and security very seriously but are not responsible for corruption. loss, theft or manipulation of data.
  3. It is your responsibility to maintain the integrity of your passwords by ensuring they are strong, unique and securely stored.  Any damages caused by malicious access to your account or your website that is to be deemed caused by a compromised password will be the responsibility of the Client.  Any cost associated with repairing this damage will be billed at our regular rate of $75/hour (billed by the 1/4 hour) or at our 'Fix My Site' rate of $200.
  4. Silver Barrel Solutions is not responsible for the life cycle of software.  If any software reaches the end of it's life and is no longer supported by the developer, we may not be able to provide updates.  Additional costs may apply to source and implement a solution.
  5. The free monthly website revisions that are included in your maintenance plan can not be transferred to other websites, including redevelopment versions of the current site or any other site hosted under the same domain, subdomain or different domain.  These free monthly websites revisions do not accumulate.  If they are unused by the end of the calendar month they expire.
  6. Paid or customized themes, modules, plugins or core software may require additional costs to maintain.  In some instances, it may not be possible for Silver Barrel Solutions to update these components of your website.
  7. Maintenance plans do not cover hosting or email support.  If you're a Silver Barrel web hosting customer this support is provided for free unless otherwise stated.  If you're using a 3rd party hosting provider, additional costs may apply. 
  8. Your maintenance package includes a backup of all of your site files and database.  This occurs during each month's scheduled maintenance.  This does not include email or other files stored on the server in your hosting account.
  9. Please notify Silver Barrel Solutions should you change any of your website hosting login credentials.  Without access to your site, we are unable to perform monthly maintenance services.
  10. Annual savings are based on the average cost of updates for a standard WordPress or Drupal website.
  11. Upon request, we are happy to provide an annual log of the maintenance work that we've done to your site at no charge.  Monthly maintenance reports can be provided upon request at an additional cost of $5.00/month. 
  12. Silver Barrel Solutions is not responsible for any outages of 3rd party hosting providers.
  13. Maintenance plans are non-refundable but may be transferred to any web hosting provider while using the same domain name under which the maintenance plan was purchased.  If transferring to a new web hosting provider, full access to the website, database and hosting control panel must be provided for maintenance to continue.