Terms and Conditions

This website is operated by Mindworks Attic. Throughout the site, the terms “we”, “us”, “Mindworks Attic”, “Mindworks” and “our” refer to Mindworks Attic. We offer this website, including all information, tools and services available from us to you (“the client”, “the user”, “the Member”, “Members”) conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or signing up for a free trial and/or paying for a Membership or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms of Use” “Terms of Membership”). If you are engaging in our services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising to us that you have the authority to bind that organisation to these Terms (in which event, “you” and “your” will refer to that organisation).

Please read these Terms carefully before engaging in our services. By accessing or using any part of the site, or services provided by us, you agree to be bound by these Terms of Service. If you do not agree to all the Terms and Conditions of this agreement, then you should not access the website or engage in any of our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.

These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws.

Account Terms
To access and use the Services, you must register for a Mindworks Attic account (“Account”) which includes your website as well as an Account for our Member Portal. To create this Account you must provide your name, current address, phone number, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

You acknowledge that you are 18 years old, or at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

You acknowledge that we will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. Your email communications with us can only be authenticated if they come from your primary Account email address.

You are responsible for keeping your passwords secure. This includes your website passwords and Member Portal. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Accounts and passwords.

Payment Terms
It is assumed that you appreciate how important it is, for us as a business, that we receive funds invoiced promptly. We also understand that circumstances arise where full payments may not be possible, and that we can work together to reach mutually acceptable agreements where necessary. However there is a limit where this becomes unattainable and we are in our right to do what is necessary to recuperate reparations for our efforts.

For project work with a formal estimate, a deposit may be required before starting the work and final payment may be required before we allow the work to be published live online or final project deliverables to be delivered. It is in our right to do what is necessary to enforce the work from going live until payment terms are agreed to.

Any deposits paid on a contract are non refundable.

We reserve the right to change our rate or service charges.

A late payment fee of 5% of the invoiced amount will apply to accounts overdue by 14 days. After 30 days a compounded monthly charge of 10% will be added to the outstanding amount owed. After 90 days we have the right to suspend access to your Account and website and following suspension, if deemed necessary delete all Membership website assets including the website content, database contents and all associated account information.

Any costs incurred by us for late payments, including but not limited to debt collection and or court costs, to recover overdue accounts will be paid by you.

If we are forced to suspend hosting services due to non payment of invoices we will not be liable for any loss of income, loss of business or any other damages resulting from the suspension. We reserve the right to charge a reconnection fee after suspension of hosting services.

Non-payment of invoices may result in the suspension of any ongoing work. We reserve the right to reschedule the resumption of that work as per our current production schedule once payment has been received.

Website Hosting and Technical Support
We provide a high quality web hosting service. Unless you have specified otherwise, we will launch your new website on this service. We ensure this service is fast, reliable, secure and that your website is backed up regularly. We back up the database daily and backup your website files weekly. We can arrange other schedules upon written request. Any issues relating directly to web hosting (such as downtime, server issues, updating plugins or WordPress core) are our responsibility and we take care of this for you.

We do not permit illegal, illicit or ‘adult only’ content, or any content that promotes or condones hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance on our servers or in our Member Portal and we reserve the right to terminate your Account and Membership immediately if we discover you are engaged in any of these activities. We hold the unalienable right to determine what constitutes actions or content that meets the need for termination.

You acknowledge and agree to the Terms specified in our Acceptable Use Policy for e-commerce stores below.

We reserve the right to move your website to new servers for performance enhancements or security reasons at any time.

We are not responsible for fixing constant user errors, providing ongoing content updates or adding functionality unless we are collaborating and you are paying for our time or one of our Web Creator Plus packages. We provide support through our Member Forum, email based Ticket support or through our Web Creator Plus packages. Any time we spend on tasks that are outside of a normal level of technical support may be charged at our standard support rate. We guarantee that this additional charge will be specified and communicated before invoicing you as a Member and that we will do everything we can to avoid any surprises when it comes to Member support vs. chargeable time.

By hosting your website with us you are agreeing to comply with all our hosting terms and conditions and those of our hosting partners: WPMU DEV

If either party, you, the client, or Mindworks Attic, choose to terminate the hosting agreement for any reason, we will provide a site backup to you. You will be responsible for restoring/migrating the website and any other services provided from the backup provided to your new hosting service provider. We may choose to help you but are not obligated to do so. Any materials, work or services required to facilitate this process, other than the backup, will be charged at our normal service rates.

We reserve the right to terminate the hosting agreement for any reason and will provide you a minimum of 14 days notice of that change. We will always honour the remaining hosting period current paid in advance. Termination for hosting accounts that are overdue by 90 days or more, will have immediate effect.

Website Theme and Plugin Licenses
You acknowledge that as part of the Membership service, we provide access to a number of tools and services that require paid licences. We licence these products exclusively for use by you our Members. We use these licensed products to enhance your website while your website is hosted with us or you are a recipient of our Services. If either party, you (“the Client”) or Mindworks Attic, terminates your Membership and/or hosting agreement, Mindworks Attic is not obliged to continue licensing any of these products for you. If you choose to continue to use these tools and services you will need to purchase valid licences for any and all products and services you require. We will do what we can to support you in planning and executing this transition.

Acceptable Use Policy for E-Commerce
All of our Members have the ability to setup an online store and offer and/or sell their site visitors and/or customers products and services through their website using the tools we offer as part of our Membership plans.

The following activities are prohibited at all times by our Members including when operating an online store:

i. You cannot sell or offer products or services, or post or upload materials, that harass, bully, defame or threaten a specific individual.

ii. You cannot promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance or promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.

iii. You cannot sell or offer products or services, or post or upload materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

iv. You cannot sell or offer products or services, or post or upload materials, that contravene the laws of the jurisdictions in which you operate or do business including restriced items such as firearms or firearm parts.

v. You cannot use our hosting or tools to transmit malware or host phishing pages or for deceptive commercial practices or any other illegal or deceptive activities.

vi. You cannot post or upload Materials, that infringe on the copyright or trademarks of others.

vii. You cannot post or upload any materials that contain personally identifiable information, sensitive personal information or personal health information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.

viii. You cannot sell or offer products or services, or post or upload materials, that promote self-harm.

ix. You cannot use our hosting or tools to transmit unsolicited commercial electronic messages such as spam.

We may, at any time and without notice, remove any materials, and suspend or terminate your Account if you engage in activities that violate this policy.

COVID-19: If you choose to sell or offer products or services in relation to COVID-19 you agree to not price gouge, offer claims that your products can prevent, treat and/or cure COVID-19, that you will comply with all laws related to COVID-19 related products, that you have all appropriate licensing and that you ensure all deliveries to your customers.

Web Functionality and Liability
We can’t guarantee that the functions contained in any web page templates or in a completed website, or web hosting services will always be error-free and so we can’t be liable to you or any third party for damages, including lost revenue, lost savings or other incidental, consequential or special damages arising out of the operation of, or inability to, operate this website and any other web pages, even if you have advised us of the possibilities of such damages. If for any reason, this does not prevail, our liability shall never exceed the amount paid to us by you under this terms of service in the immediate 6 months preceding any notice of claim.

Copyright
Mindworks Attic does not assume any responsibility or liability for any of the content of the websites it manages, maintains and/or hosts.

You acknowledge and guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that you (or third parties at your request) provide us for inclusion on any websites we build or host, are either owned by you, or that you have permission to use them. You will comply with any applicable copyright laws in Canada.

You own the graphics and other visual and design elements that we create for you for any project. We’ll give you a copy of all files on request and you should store them safely as we are not required to keep them or provide any native source files we used to make them. You also own text content, photographs and other data you provided, unless someone else owns them. Mindworks Attic assigns a non exclusive licence to the use of any copyrighted markup, CSS or other code used in your project. You may not sell or redistribute copyrighted code to third parties.

Legislative Compliance
It is your responsibility, as the client and owner of your business to ensure that any website(s), advertisements (digital or printed material) and any and all content (including, but not limited to, images, products, video, downloads) complies with all relevant legislation, copyright legislation, advertising standards and privacy rules within Canada and the countries that you operate in.

Compliance with legislation is entirely your responsibility. While we may in good faith help you implement changes to ensure compliance, we cannot be held responsible or liable for past, present or future compliance with the applicable laws.

Any advice we may give verbally or in writing should not be treated as professional legal advice.

It it your responsibility to ensure that your website, its content and all your data collection and storage systems comply with any and all privacy laws applicable to you and your business such as GDPR and any relevant privacy laws in your jurisdiction.

Working With Us
When working with us, if we design visual material for a project (website layout, graphic design) then the contract includes one main design plus the opportunity for you to make minor revisions. Any major design changes will be billed based on pre-arranged agreements. We will always be transparent in our planning, estimates and targeted delivery dates and will work hard to collaborate with honesty and gain your trust in our working relationship.

If the nature of the project changes significantly throughout the process, we reserve the right to deem the current project cancelled. Payment in full may be required at this time and/or a new contract will be required that will include a percentage of the cost up to time of cancellation.

If a project includes HTML markup and CSS templates, we’ll develop these using current and clean HTML and CSS code. We will test in current versions of all major desktop browsers. You acknowledge that we cannot prevent issues for users of older or less capable browsers or devices and accept that they may experience a design that is appropriate to the capabilities of their software.

All final contracts are presumed to be legal documents under exclusive jurisdiction of the courts of Ontario.

Either party may terminate a project contract under the following circumstances:

i. Immediately if the other party becomes insolvent, ownership is transferred, or appoints a receiver or manager of their assets.

ii. Immediately if we find the client in breach of any copyright laws (for content, images or design plagiarism) or other violations (legal or otherwise) mentioned in these Terms.

In the event of contract termination by the client, all work done by Mindworks Attic up to the point of termination is immediately payable. If no milestone amount is applicable, or it is a milestone or project with an estimated price, work billable will be calculated at our standard rate. As per our payment terms above, deposits, hosting payments or any payments for any services in advance are non refundable.

Refusal of Service
We reserve the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

Force Majeure
We agree to suspend our services under any agreements if we are unable to do so as a result of an act of God or similar circumstances such as a force majeure event. The suspension of service will remain in place until services can be resumed.

Data Privacy Policy
Please refer to our Privacy Policy.