• General Terms and Conditions of Use
• Changes to Website
• Disclaimer
• Permitted Uses
• Prohibited Uses
• Confidentiality and Transmissions over the Internet
• Registration and Password
• Indemnification by User
• Third Party Websites, Content, Products and Services
• Proprietary Rights
• Notice of Copyright Infringement
• Web Design Services
• General
• Contact Information

General Terms and Conditions of Use
Welcome to the Top Place Web Solutions website. This website is best viewed using Internet Explorer 5.5 or later, or Netscape 6 or later, or Firefox 2.0 or later.

This website is provided by Top Place Web Solutions, conditional on your acceptance of the terms and conditions of use set forth below. By visiting or using this website, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other materials (including without limitation posted Content) from this website, or to send messages, information, data, text, software or images, or other materials to the website, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the General Terms and Conditions for each use of and each visit to this website. If you do not agree to abide by these General Terms and Conditions, you should not use this website.

Top Place Web Solutions has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the General Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted on this website. Please check the General Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this website immediately. Your continued use of this website after any such changes are posted will constitute acceptance of those changes.

These General Terms and Conditions apply exclusively to your use of this website and do not alter the terms or conditions of any other agreement you may have with Top Place Web Solutions.

Changes to Website
Top Place Web Solutions may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including:

1. changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the website;
2. adding, removing or changing any fees or charges for use of this website or any other website-related services or any features thereof;
3. removing, adding, modifying or otherwise changing any Materials or Content on this website, including without limitation editing or refusing to post any Content, in whole or in part, that in Top Place Web Solutions's sole discretion is objectionable or in violation of the General Terms and Conditions.

Disclaimer
This website is for informational purposes only and is not intended to provide specific commercial, financial, legal, or other advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, reformat and print a single copy of any information on this website for such personal use.

Top Place Web Solutions have used their best commercial efforts to obtain the most accurate and timely information available. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Top Place Web Solutions shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

Top Place Web Solutions reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Top Place Web Solutions nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Top Place Web Solutions or such provider has been advised of the possibility of such damages.

Permitted Uses
You agree to only use this website for lawful purposes, and only to send content and receive materials that are proper and related to the particular website service, and Top Place Web Solutions (subject to the General Terms and Conditions herein) grants you a non-exclusive, non-transferable, non-sublicenseable limited right, to so use the website solely for your own personal or internal company use.

Prohibited Uses
You may not, nor may you allow others to, directly or indirectly:

1. remove, any copy of the materials, the copyright or other proprietary notices contained in the materials; sell, reproduce, modify or attempt to modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any materials for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the materials on any other website; or transfer any of the materials to any other person without the prior written consent of Top Place Web Solutions;
2. print or copy any of the HTML or other computer software that is accessible at this Site;
3. Use this website in any manner that could damage, disable, over burden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this website or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this website (including without limitation uploading, posting or otherwise transmitting on this website computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this website's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this website or the materials in whole or in part);
4. use or attempt to use another's account, password, or other information in connection with this website without prior written authorization from Top Place Web Solutions; create or use a false identity on this website, or impersonate any person or entity, including without limitation an Top Place Web Solutions employee or agent, or otherwise mis-represent your affiliation with any person or entity; or attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information;
5. disrupt or interfere with any other person's use or enjoyment of this website or affiliated or linked sites, or any services thereof; transmit on, to or from this website spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular website service, without their consent and without complying with the requirements of applicable privacy legislation;
6. post opinions, notices or advertisements, commercial or otherwise or solicit business from users of the website, including without limitation posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents; or
7. post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this website or in respect of the content and materials. Top Place Web Solutions will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Top Place Web Solutions reserves the right at all times to disclose any content as necessary to satisfy any law, regulation or governmental request.

Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

Registration and Password
You are responsible for maintaining the confidentiality of your registration information,if any (including without limitation and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify Top Place Web Solutions of any unauthorized use of your registration information or of any other breach of security of which you are aware.

Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content, Products and Services
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of

1. the organizations that operate such websites;
2. the content, privacy policies or other terms of use on such websites; or
3. such third party products and services.

Proprietary Rights
Our name, Top Place Web Solutions, our logos and other identifying marks of Top Place Web Solutions are and shall remain the exclusive property of Top Place Web Solutions, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Notice of Copyright Infringement
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1. a physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. identification of the copyrighted work claimed to have been infringed.
3. identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
4. the address, telephone number or e-mail address of the complaining party.
5. a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. a statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
7. all notices of copyright infringement should be sent to our offices as indicated elsewhere on this website.

Web Design Services
The following Terms and Condition apply when Top Place Web Solutions is contracted to supply web design services:

1. Top Place Web Solutions is only responsible for implementing the project as specified in interview and project description. If the customer wishes to make additional changes he should request an additional quote, otherwise he agrees to accept the template running result.
2. Top Place Web Solutions has a right to cancel the order and refund in the following cases:
   1. The client does not give Top Place Web Solutions all the data necessary for customization
   2. The client demands unreasonable revision of the order
   3. Top Place Web Solutions billing officers suspect the payment to be fraud
3. Top Place Web Solutions reserves the right to sub-contract all or parts of the web design contract at its sole discretion.
4. Top Place Web Solutions has the right to set an extra price quote if the client wishes to make additional project changes which were not stipulated before and were not stated in the project description.
5. Ancillary services not provided as part of this contract include, but are not limited to, the creation of logos, flash or graphics, altering logos, flash or graphics, searching for logos, flash or graphics, purchase of logos, flash or graphics, creative writing, editing of provided content, research of domain names or other, or any other service not agreed to project details or description. Unless otherwise specified, website package does not include setup of payment gateways, database setup, installation or monitoring, feedback forms, guestbooks, or programming of any kind. Should Top Place Web Solutions undertake any other services not agreed to previously, the client agrees to pay for all costs incurred plus time involved at Top Place Web Solutions current hourly rate.
6. Top Place Web Solutions and the client must work together to complete the project specified above in a timely manner. We agree to work expeditiously to complete the project and expect to complete the web design within 30 days after project start. The client is responsible for supplying Top Place Web Solutions with complete text and the necessary items and graphics that are not developed by Top Place Web Solutions for the web pages in a timely matter. The client has 45 days from the date the project is started to supply all information (text and graphics) necessary to complete the web design. If the client does not supply Top Place Web Solutions all the information necessary to complete the web design within this time period, the web design will be delivered to the client as-is. If the client has not submitted complete text and graphics content within two months after the start of the project, an additional continuation fee of 10% of the total contract price will also be assessed each month until the project is completed.
7. Limitation of Liability: Top Place Web Solutions does not warrant that the website or any of the functions contained in any of the web pages will continue to meet all the client's requirements or that the operation of the web pages will be uninterrupted or error-free. Top Place Web Solutions does not warrant or guarantee that the website "look and feel" will be unique. The entire risk as to the quality and performance of the web pages and website is with client. In no event shall Top Place Web Solutions be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Top Place Web Solutions has been previously advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
8. The client represents to Top Place Web Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Top Place Web Solutions for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Top Place Web Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
9. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Top Place Web Solutions and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
10. Top Place Web Solutions is not responsible for any changes made to the site by any other party, or an authorized agent. If the client or an agent other than Top Place Web Solutions attempts updating the client's pages, time to repair web pages will be assessed at the then current hourly rate, and is not included as part of the updating time.
11. Copyright, ownership, and all rights of web pages, graphics, print templates, and text contained in the finished assembled website produced by Top Place Web Solutions belongs solely and exclusively to the client upon completion of the project. Rights to photos, graphics, source code, work-up files, and computer programs are specifically transferred to the client, and remain the property of their respective owners. Any licensed software or templates not developed by Top Place Web Solutions (such as CGI, Pearl, PHP scripts and website templates) may be owned by another software company that has granted Top Place Web Solutions the right to initiate it into the client's website, and does not grant the client ownership of the script. Top Place Web Solutions and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios, unless otherwise specified by the client. The client retains ownership of the domain name(s) bought through Top Place Web Solutions after the project is completed. Top Place Web Solutions reserves the right to withhold property such as domain names and copyright ownership if the client is in debt to Top Place Web Solutions. Top Place Web Solutions reserves the right to remove the client's website from its hosting server if the client is in debt to Top Place Web Solutions.
12. Top Place Web Solutions does not guarantee to complete personalization to schedule specified in Preliminary Term of Delivery. Breaks in production may happen because of customer's activity (i.e. the client doesn't give Top Place Web Solutions all the data necessary for customization or gives false contacts).
13. Top Place Web Solutions has a right to request authentication of the cardholder (such as a scanned image of the credit card without its numbers and credit card statement) if Top Place Web Solutions billing officers suspect the payment to be fraud.
14. Top Place Web Solutions reserves the right to mark the final project result with a "Web Design by Top Place Web Solutions" link in a footer area. In case the customer does not wish to put this mark Top Place Web Solutions reserves the right to set an extra charge for removing it. All of the issues considering adding or removing the mark mentioned above can be discussed with a project manager.
15. As soon as the customer receives the download link and accepts the result the project is considered to be implemented successfully and isn't to be reviewed or revised.
16. LICENSE: Our website grants you non-exclusive limited license to use the web templates and other products sold through our web site by independent content providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
    1. LIMITED USAGE GRANTED: You may use each individual product on a single website only, belonging to either you or your client. You have to purchase the same template once more in order to make another project with the same design.
    2. MODIFICATIONS: You are authorized to make any necessary modification(s) to our products to fit your purposes.
    .
    3. UNAUTHORIZED USE: You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
    4. ASSIGNABILITY: You may not sub-license, assign, or transfer this license to anyone else without prior written consent from www.topplacewebsolutions.com
    5. OWNERSHIP: You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

General
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Sale, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Leamington, Ontario.

Contact
If you have any questions or concerns about our website or these Terms And Conditions of Use, please feel free to contact us at info@topplacewebsolutions.com.