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Net 360 Solutions

Terms of Service Agreement

Last Revised Date: May 29, 2025

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Overview

net360solutions.com, net360services.ca, are operated by RDB Net 360 Solutions Inc.

Acceptance of Terms and Conditions

These Terms and Conditions constitute a legal agreement and are entered into by and between you (defined as “Customer”, “you”, “your”, “they” and “they’re”) and RDB Net 360 Solutions Inc., doing business as (“dba”) Net 360 Solutions (defined as “Company”, “we,” “us,” “our“). The following terms and conditions, together with any Proposal issued by us (collectively, the “Agreement“), govern your purchase of any Services from the Company, including but not limited to purchases made through https://net360services.ca/ (the “Website”).

By placing an order for Services through the Website and/or continuing to use our Services, you affirm that you are 19 years of age or older to enter into this Agreement, and you accept and are bound by these Terms and Conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms and Conditions.

Modifications to the Terms and Conditions

These Terms and Conditions are subject to change by the Company without prior written notice at any time, in our sole discretion. Any changes to these Terms and Conditions will be in effect as of the “Last Revised Date” referred to on the Website. You should review these Terms and Conditions before purchasing any Services that are available through this Website. Your continued use of the Services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

You agree that your creation of an account with us and acceptance of the Terms and Conditions is an offer by you to buy all Services listed in the Proposal.

Definitions

“Company IP” means any and all Intellectual Property Rights owned by or proprietary to the Company.

“Confidential Information” means information in any form or medium (whether oral, written, electronic, or other) that is considered confidential by a Party, including trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing, in each case whether or not marked, designated, or otherwise identified as “confidential”. Without limiting the foregoing, Confidential Information of the Company includes Company IP and the terms and existence of this Agreement. Confidential Information shall not include information that: (a) is already known to the Receiving Party without restriction on use or disclosure prior to receipt of such information from the Disclosing Party; (b) is or becomes generally known by the public other than by breach of this Agreement by, or other wrongful act of, the Receiving Party; (c) is developed by the Receiving Party independently of, and without reference to, any Confidential Information of the Disclosing Party, as demonstrated by written or other documentary records; or (d) is received by the Receiving Party from a third party who is not under any obligation to the Disclosing Party to maintain the confidentiality of such information.

“Customer Materials” means the content, documents, images, media files, data, specifications, software, and other materials provided to the Company by the Customer.

“Customer Website” means the Customer’s website as set out in the Proposal.

“Data Protection Laws” means any laws, regulations, or codes relating to privacy and data protection.

“Fees” means the fees set out in the Proposal.

“Harmful Code” means any: (a) virus, trojan horse, worm, backdoor, or other software or hardware device the effect of which is to permit unauthorized access to, or to disable, erase, or otherwise harm, any computer, systems, or software; or (b) time bomb, drop dead device, or other software or hardware device designed to disable a computer program automatically with the passage of time.

“Inappropriate Content” means content on the Customer Website which by any manner: violates any applicable laws including any laws regarding advertising and marketing, including, without limitation Canada’s anti-spam legislation (CASL), the export of data or software, patent, trademarks, trade secrets, copyright, or other intellectual property, legal rights, including personality rights, the rights of publicity, and Data Protection Laws; contains any material that could give rise to any civil or criminal liability under applicable laws, including material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, gender, sex, religion, nationality, disability, sexual orientation, age, or other such prohibited ground under law, or is otherwise objectionable; attempts to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise (including but not limited to asking minors for personal information without the consent of parent or legal guardian); involves, provides, or contributes any false, inaccurate, or misleading information that is harmful; or which, as determined by the Company, may harm the Company, users of the Customer Services or other third parties, or expose them to liability; or promotes illegal activity.

“Intellectual Property Rights” means all industrial and other intellectual property rights comprising or relating to: (a) patents; (b) trademarks; (c) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and uniform resource locators (URLs); (d) works of authorship, expressions, designs, and whether or not copyrightable, copyrights and copyrightable works, neighbouring rights and related rights, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all industrial and other intellectual property rights, and all rights, interests, and protections that are associated with, equivalent, or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection under the laws of any jurisdiction in any part of the world.

“Losses” mean all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, disbursements, and charges, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.

“Personal Information” means any information that relates to an individual and identifies or can be used to identify, locate, or contact that individual alone or when combined with other personal or identifying information that is or can be associated with that specific individual.

“Proposal” means the written proposal sent by the Company to the Customer setting out the specific Services to be provided by the Company, the Fees for such Services and the payment terms applicable to such Fees.

“Services” means any and all products and/or services offered by the Company as set out in a Proposal or otherwise described in these Terms and Conditions which includes, but is not limited to, the following products and services; Website Design Services, Hosting Services, Digital Marketing Services, and Domain Management Services.

“Third-Party Materials” means those third-party software products, content, including, documents, data, software, music, photographs, artwork, graphics, and technology, in any form or media, in which any person other than Customer or the Company owns any Intellectual Property Right but specifically excluding open-source software.

Account Creation, Maintenance , Suspension and Cancellation

Account Creation

You can create an account with the Company by filling in the form provided on the Company website at https://net360services.ca/register.php. This account will give the customer access to invoices, receipts, view products and services, managing payment methods, and create support tickets.

Accurate Information

By using our Services, you agree to keep your Customer profile at https://net360services.ca/clientarea.php accurate and up to date. This includes maintaining your full name, current billing address, phone number, and an accessible email address. If any of this information changes, you agree to update your Customer profile within a reasonable period of time.
You agree that we may use and rely on any information you provide for all purposes related to your Services, in accordance with our Privacy Policy. If you provide information that is inaccurate, misleading, or incomplete, or if we have reasonable grounds to believe the information is inaccurate, misleading, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate Services and/or close your account.

Account Maintenance and Security

You agree to use your account exclusively for lawful purposes and acknowledge full responsibility for all information within it.
You agree that you are responsible for maintaining the confidentiality of your customer information, login credentials, password, and credit card number (collectively, “Account Access Information“). You accept full responsibility for all activities that occur under your account and agree to promptly notify the Company of any unauthorized use or security breach. The Company is not liable for any loss you may incur due to unauthorized use of your Account Access Information, with or without your knowledge. You further agree that you may be held liable for losses suffered by the Company or others resulting from unauthorized use of your Account Access Information. The Company advises you to store this information securely and to take measures to prevent unauthorized access. You agree not to compromise the security of your account or the Company’s infrastructure in any way.

Account Suspension and Termination

To maintain a secure and safe environment for our customers, the Company reserves the right to suspend or terminate any accounts that do not comply with these Terms and Conditions, without prior notice. We will make an effort to inform you in the event of a suspension or termination. However, in certain cases, accounts may be suspended immediately to prevent serious harm or degradation of Service.
You may cancel your account and prevent automatic renewal by submitting a cancellation request through your Customer account at https://net360services.ca/index.php?rp=/login. To do so, please open a ticket and submit a formal cancellation request at least 15 business days before your Service’s expiration date. The request should include all necessary information to identify the account, such as your full domain name, company name, and the specific Services to be canceled.

Customer Assistance

The Customer acknowledges that the Company’s ability to provide the Services is dependent upon the full and timely co-operation of the Customer (which the Customer agrees to provide), as well as the accuracy and completeness of the Third-Party Materials, the Customer Materials and any information and data the Customer provides to the Company.

Website Development Services

Unless otherwise set out in the Proposal, the terms and conditions applicable to the Company’ website development services (“Website Design Services”) include:

An initial custom mocked up design of your main home page, and includes two (2) design revisions of the initial mocked up design. Additional revisions requested by the Customer are charged at an hourly rate of C$95/hour.
Upon completion of this stage, the Customer will be asked to confirm acceptance of the mocked up design. Once this acceptance is received from the Customer, the work necessary to complete the Customer Website design project will continue. Upon completion of the Customer Website, an e-mail will be sent to the Customer advising the Customer that the work has been completed, at which time the Customer will be asked to provide written acceptance for the finished Customer Website and remit final payment. After Fees for the Customer Website have been paid in full, the Customer Website will be uploaded to Customer’s hosting provider.
Customer hereby grants the Company with a non-exclusive, perpetual, royalty free, fully paid up license to display the Customer Website as project examples on the Website.
Company is not responsible for Customer Website backup, or the availability of the Customer Website if the Customer Website is hosted by a party other than the Company. Company’s obligations regarding Customer Website hosted by the Company set out below under the heading Website Hosting Services.
The Company may include the statement “Designed by Net 360 Solutions” on the home page of the Customer Website in a form to be agreed.
You acknowledge and agree that you shall not allow and shall immediately remove upon becoming aware of any Inappropriate Content on the Customer Website.
Notwithstanding anything else contained herein, the Company reserves the right to suspend or terminate the provision of Services to Customers who permit, allow or otherwise do not immediately remove Inappropriate Content from the Customer Website or any other content that, in the reasonable opinion of the Company, would bring the Services or the Company into disrepute or otherwise damage the reputation of the Services or the Company.

Hosting Services

Unless otherwise set out in a Proposal, the terms and conditions applicable to the Company’ web hosting services (“Hosting Services”) include:

Customer Website is placed within one or more servers and resources are shared between other customers on the same servers.
If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”).
Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration.
Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make the Company unable to assist you in the transfer of data from a third-party host.
You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the Customer Website in its new location.
We do not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost.
You agree not to make any changes or revisions to your Customer Website during the migration process.
Except as may be limited by specific products or services, any SSL certificate you purchase from us or our affiliates to use in conjunction with the Hosting Services is intended for its specific use and will not be exported from our server to be used with any other web hosting service.
If you are using an SSL certificate on a website hosted by us, we may generate and securely store a corresponding private key. For security reasons, at no time will we release your private key, even per your request. You are unable to export your SSL certificate for use on a non-Company server. If your account with us is cancelled for any reason, you have 10 days to request a refund of your SSL certificate fee, refundable to a maximum of 50% of the paid amount, less the pro-rated remaining amount within the one year paid term.
The Company does not provide backups of Customers Website. Customer is solely responsible for keeping backup copies of all the Customer Websites in the event of file loss.
The Customer must download any required files from their hosting account prior to requesting the cancellation of their Website Hosting Services. Once the cancellation request has been received, all data files, or other settings related to the Customers Website Hosting Services will be permanently deleted from our servers. This may include but is not limited to, email accounts, DNS settings, website files & data, and 3rd party services.
The Company offers its Services to host websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Hosting Services without prior notice.
The sending of Inappropriate Content including, without limitation any unsolicited email (spamming) in violation of CASL from a Company server or referencing a domain hosted by the Company in any such unsolicited email (spam) in violation of CASL, whether originating from the Company network or not, is forbidden. The Company reserves the right to immediately and without notice terminate the offending account, and you will pay the Company the amount of $500.00 per day that the Customer is in violation of this Section. Customer acknowledges and agrees that in the event of the Customer’s violation of this Section, proof of actual damages would be difficult and that the formula for calculating liquidated damages contained in this Section is a reasonable estimate of what actual damages would be and that the foregoing formula does not result in a penalty.
Hosting Service may be temporarily unavailable for scheduled maintenance, either by the Company or by third-party providers, or because of power interruptions or other causes beyond the control of the Company.

Digital Marketing Services

Unless otherwise set out in a Proposal, the terms and conditions applicable to the Company’s digital marketing services (“Digital Marketing Services”) include:

We provide search engine optimization services (“SEO Services”) to assist with Customer Website visibility and rankings on search engine results pages.
SEO Services may include, but are not limited to, optimizing Customer Website content, meta tags, Customer Website structure, citations and backlinks.
The Company retains ownership of any Intellectual Property in any tools, software or programs we use (other than Third-Party Materials) as part of SEO Services.
All SEO Services are provided on an “as is, where is” basis with no representations, warranties or guarantees as to the outcome or success of such SEO Services.
Digital Marketing Services may include our creation of Google accounts for Customers, and add their credit card, and agree on their ad budgets. We manage the monthly AdWords account.
Digital Marketing Services may include creation of social media accounts for Customers, and add their credit card, and agree on their ad budgets. We also offer regular general postings (non-ads). We manage the social media accounts monthly.
Digital Marketing Services may include email campaigns whereby Customer provides an email list that must adhere to applicable laws including CASL.
Email management system manages the ongoing account. We use our corporate email campaign account but Customers can sign up for their own and migrate emails over. We create monthly ad campaigns for Customers.
Digital Marketing Services may include blog and/or content creation: We create paid blogs posts for Customer Websites.

Domain Management

Unless otherwise set out in a Proposal, the terms and conditions applicable to the Company’s domain management services (“Domain Management Services”) includes:

The Company are domain resellers (not a registrar).
The Company offers assistance with new domain purchases, annual domain renewals, domain transfers (from another registrar), Domain DNS records management.
All domain contact information is managed within our Customer accessed portal found at https://net360services.ca/.
You are responsible for entering and maintaining accurate and up-to-date contact information, including an active email address within our Customer accessed portal at all times in order to receive important domain information, including renewal invoices and expiry notices, and to comply with the Terms of Service from the registrar.
TOS from the registrar to the Customer is found at https://centralnicregistry.com/policies/terms/.
The Customer is responsible for maintaining the accuracy and confidentiality of the login and billing credentials associated with said account/domain, within their account located within our Customer portal found at https://net360services.ca. the Company shall not be held liable for any alterations made to the account/domain or any information modified by the account/domain owner or any parties authorized by the owner to access the billing portal or Control Panel. the Company is further not liable for any disputes regarding the account/domain that may arise between parties possessing login credentials.
The Company bears the responsibility for keeping login and billing information secure. the Company assumes no liability for disputes between multiple parties holding account login credentials. Additionally, the Company is not responsible for any changes or modifications made to the account by the User or authorized parties accessing the billing portal or Control Panel. The User must ensure that contact and billing information remains current with the Company.
In the event of a dispute regarding control of an account/domain, or if the current listed owner becomes unresponsive to third-party inquiries, the Company will refrain from making any changes. In such instances, either the third party or the current owner may need to pursue legal action if a resolution cannot be achieved through arbitration.
As a web services provider, the Company is not in a position to assess the merits of each party’s claims in such disputes. However, should either party obtain a court order, the Company will comply with any valid order issued by a court of competent jurisdiction, directing action in relation to the account in question. Accordingly, if a valid court order is obtained that restrains the User from maintaining the account, the Company will review and act accordingly.
Any court order should be faxed to (866) 555-5555 or sent via email to [email protected]. the Company is not responsible for resolving account disputes that arise between parties holding account login credentials.
Additionally, the Company does not resolve domain disputes. Such disputes must be settled by the involved parties in accordance with ICANN and CIRA regulations, the governing bodies for domain names. the Company will not act as an arbitrator in such matters but will adhere to any decisions made by ICANN or CIRA. For further information, please refer to ICANN’s Uniform Dispute Resolution Policy (UDRP) available at www.icann.org.

Third-Party Materials

We reserve the right to modify, change, or discontinue any Third-Party Materials at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Materials.
Third-Party Materials are neither sold nor distributed to you, and you may use the Third-Party Materials solely as part of the Services. You may not use the Third-Party Materials outside of the Services.
You acknowledge and agree that your use of the Third-Party Materials is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Material is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Material is subject to such service or license agreement.
You may not download, install, or use any Third-Party Material that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Materials. You may not reverse engineer, decompile, or disassemble the Third-Party Materials, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Materials offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Materials. You acknowledge and agree that any Third-Party Materials may be supported by us and not by the third-party providers (or their affiliates or suppliers).

Fees

Unless otherwise set out in the Proposal:

In consideration of the provision of the Services by the Company, Customer shall pay the Fees.
Fees are exclusive of all applicable taxes (including GST, PST or HST)
Customer shall pay all Fees, taxes, on or prior to the due date therefore as set forth in the Proposal or in any other invoice issued by the Company.
Customer shall make all payments hereunder in Canadian dollars, by credit card, PayPal, e-transfer, cheque or cash payable to the address or account specified by the Company.
If Customer fails to make any payment when due, then in addition to all other remedies that may be available:

The Company may charge interest on the past due amount at the rate of ten (10%) per annum calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law from the date such payment was due until the date paid;
Customer shall reimburse the Company for all costs incurred by the Company in collecting any late payments or interest, including legal fees, court costs, and collection agency fees and penalties imposed by any other party from such late payment; and
Without limiting the Company’ other remedies, if such failure continues for fifteen (15) days following written notice thereof, the Company may suspend performance of the Services until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to Customer or any other person by reason of such suspension.

Customer shall pay all amounts due without set-off, deduction, recoupment, or withholding of any kind for amounts owed or payable by the Company whether under this agreement, applicable law, or otherwise.
All Fees paid or payable by the Customer to the Company are non-refundable.
Services delayed by the Customer for more than 180 days may be canceled by the Company, with no refund of any Fees paid for Services provided by the Company prior to such cancellation date. If the Customer wishes to resume the Services after such cancellation date then, subject to the Company’s approval, the Customer shall pay a restart fee of not less than $400. Within 15 days of cancellation by the Company, the Customer may submit a written request via email to receive all completed Services. Upon receipt of the request, the Company will provide the completed Services to the Customer in a ZIPPED file by email or upload to a cloud folder accessible to the Customer for download within reasonable time.
Unless otherwise set out in a Proposal, Fees for Website Design Services shall be paid as follows: (1) 50% of the Fee upon acceptance of the Proposal by the Customer (this amount is compensation for setup fee & mockup design); (2) 25% of the Fee upon Customer approval of Customer Website mockup design (this amount is compensation for programming of test website); and (3) balance of the Fee due upon Company advising Customer that the Customer Website is completed in accordance with the Proposal.

Discontinued Services; End Of Life Policy

The Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Net 360 Solutions makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that Service will no longer be supported by the Company, in any way, effective on the EOL date.
In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, the Company will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated credit for purchase of other Services, or a prorated refund, to be determined by the Company in its sole and absolute discretion. The Company may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
The Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.