Terms of Service

Terms of Service (TOS)

TOS applies automatically to all Solutions Damang Media Group (Damang) clients upon subscription to the Services including subscription through a third-party or any commercial partner. BY SUBSCRIBING TO Damang’s SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM.

1. General Damang agrees to provide services such as Web Hosting, Dedicated Hosting, services and other related services as described on its Web Site at https://dmgonlinemarketing.com or in its contract with the customer. Damang will make all reasonable efforts to provide a quality service to the Customer.
2. Privacy Damang will use the customer’s personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third-party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes Damang to use its name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization. See “Privacy Policy” on the daMANG Web site for further details.
3. IP Addresses Any IP Addresses allocated to the Customer by daMANG must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by daMANG to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by daMANG after five days notice to the Customer. daMANG shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by daMANG, and daMANG reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Customer can obtain up to 8 IP addresses for free. All IP requests must be fully justified.
4. Other Services Upon request by the Customer, daMANG may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of 125$CAD for those other services.
5. Immediate Threats If, in the determination of daMANG, acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of daMANG or any other user of the Premises, or poses an immediate threat to the safety of any person, then daMANG may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer’s (or its customers’) businesses. As soon as practicable after performing such work, daMANG will advise, by email, the Customer of the work performed or the action taken.
6. Insurance Under no circumstances will daMANG be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.
7. If the Customer is in default If the Customer is in default of any of its obligations under this Agreement, then daMANG may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to daMANG, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, daMANG may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to daMANG as well as any costs (including reasonable legal fees) incurred by daMANG in exercising any remedy under this Agreement.
8. Billing and termination Invoices are sent by email, upon request a copy can be sent by mail. First Month’s Payment shown in the Service Order must be paid by the Customer to daMANG before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of daMANG’s invoices, which invoices will be issued 15 days before the end of the last paid period.
9. Payments The Customer will pay daMANG the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order or on the Web Site, as well as any charges for Other Services. The Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order or on the Web Site(as amended by the parties from time to time) or otherwise provided by daMANG under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer’s chosen payment period. Except for the First Month’s Payment, which must be paid by the Customer to daMANG before commencement of the Term, all amounts will be payable in American or Canadian dollars within 30 days from the date of daMANG’s invoices, which invoices will be issued 40 days before the end of the last paid period. Service interrupted for nonpayment is subject to a $15 reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to penalty fees of $25.00CAD.
10. Late payment Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $15 reconnect charge. Accounts that are not collectible by daMANG may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
11. Changes Upon 30 days or greater written notice prior to the end of the initial commitment, daMANG may change any fees payable under this Agreement.
12. Term and termination The term of this Agreement shall begin upon the date the service is made available to the customer and shall be for the period stated in the commitment section of the Service Order or on the Web Site. If no commitment is stated, the term will be of 1 month. Agreement is automatically renewed until terminated by either Party. Either party may terminate this Agreement, (i) for convenience with a written notice to the other party at least 30 days prior to the anniversary date, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing. Cancellation requests must be made in writing with the customer’s signature with at least 30 days notice and faxed at: +1 (403) 800-3069. Cancellation requests must be accompanied with the name of the account, domain name, the signature of the client and the reason of the cancellation. A 35$ CAD + 1 Month of Service fee is required if the cancellation request is received less than thirty (30) days prior to the anniversary of the service order.
13. Payment obligation Upon account activation, daMANG reserves space, equipment and resources for the customer’s needs. The Customer must pay its account even if he is not making any use of it.
14. Credit Authorization The Customer hereby authorizes daMANG and gives consent to daMANG under applicable privacy laws for daMANG to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer’s credit worthiness, and the Customer will promptly execute and deliver to daMANG such further documents and assurances and take such further actions as daMANG may from time to time reasonably request in order to carry out the intent and purpose of this Section.
15. Guaranteed satisfaction The Customer has 30 days following the account’s activation date to cancel his subscription with complete reimbursement of the monthly fees paid. Exclusions, terms and conditions of the guarantee are posted in the “30-Day Service Guarantee” section of our website.
16. Guaranteed network availability daMANG will provide 99.9% transit to the Internet to all the customers who have purchased said service from daMANG Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our website.
17. Guaranteed electrical power daMANG guarantees the electrical power supply of its data center to 99.9% for all the customers subscribed to a solution which includes an electrical supply port or an amp circuit. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our website.
18. Guaranteed hardware replacementThis guarantee is only applicable to daMANG’s Dedicated Server customers. At any time, dysfunctional dedicated server hardware will be replaced within twenty-four (24) hours. Exclusions and conditions may apply.
19. Limitation of Liability THE CUSTOMER ACKNOWLEDGES THAT Damang PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. Damang WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF Damang’s LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO Damang UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL SHERWEB BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
20. Force Majeure Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
21. Backup copies daMANG will make all possible efforts to provide a backup mechanism and keep complete backup copies of all shared hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content including emails. daMANG should not be held responsible of any loss of data or data corruption. The customer, upon request, may subscribe to Backup Services at a reasonable cost. Backup Service is provided without any guarantee and only activated upon request. The Customer must keep a personal backup copy of its software, sites, databases and all hosted content. daMANG should not be held responsible of any loss of data or data corruption.
22. ResellingThe Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by daMANG to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises. Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless daMANG, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by daMANG under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
23. Responsibility for Content The customer is solely responsible for the content stored on and served by his servers.
24. Entire agreement This Agreement including the attachments hereto 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, daMANG 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 this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.
25. Severability and Reformation If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
26. Choice of Law and Attornment This Agreement shall be construed in all respects in accordance with the laws of the province of British Columbia, Canada applicable to contracts enforceable in that province, without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the jurisdiction where the Premises are located, and all courts competent to hear appeals there from.
27. Complaints Complaints or TOS & AUP violations must be reported to abuse@dmgonlinemarketing.com, or by mail at : daMANG Web Hosting, 2123 Chicoutimi Dr NW, Calgary Alberta, T2L0V8.
28. Changes and rights daMANG may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that daMANG may impose from time to time.