We are excited to have you as our customer and, thank you for choosing to use our services. We have listed important legal terms below, that apply to everyone who visits our website or uses any of our services. These terms are necessary in order to protect both you and us and, to make our services and more enjoyable.
We’ve tried to make these terms easier to read, but if you have any suggestions that could help us, please do not hesitate to send us an email to firstname.lastname@example.org.
1.1. Our Purpose
Our purpose is to offer our customers the most secure and reliable SaaS (Software as a Service) model services, so they will have the ability to manage their “courier and logistics” businesses in a highly functional manner. –
without needing to employ special technically skilled people to get the job done. As is detailed in this document, we offer several easy-to-use tools and features, so your courier and logistics companies can achieve the highest performance when scanning at pickup, sorting at the warehouse, dispatching to drivers, tracking packages, delivering to the final destination, invoicing customers, making online payments – prepaid account and with all driver mobile apps. We offer several online applications like a virtual warehouse / virtual bins, with scanning software for warehouse workers and drivers alike. Order tracking tools to make the job easier, productive and much more. Our online platform may be referred to throughout this document as (“QCPanel”).
Qualikom offers online software services with all the tools necessary, so courier and logistics companies can operate their delivery businesses smoothly and efficiently.
1.2. Legal Agreement
1.3. User Account
In order to use Qualikom Services, you must first register, (we set up a master account for your company and you, set up sub-accounts for your users, drivers, and customers). If anyone other than yourself accesses your Admin /User Accounts and/or any of your Customers/Users accounts on your server, they may perform actions that are available to you (unless as specifically stated otherwise on the Qualikom Services), they may make changes to your Software and Customers Accounts, make various representations and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your Super Administrator Account confidential, Change your password/s periodically and allow such access only to people you trust, as you will be solely and fully responsible for all activities that occur under your Super Administrator Account and/or on your QCPanel Platform (including any representations, and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering /Signing up for the QCPanel or CPanel Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the QCPanel or cPanel Account and/or User Content (as defined below) submitted to us.
In case of a dispute on QCPanel or cPanel Account ownership, we reserve the right to determine ownership to a QCPanel or cPanel User Account, based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a QCPanel or cPanel User Account, until the parties disputing such ownership, reaches a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below:
- Qualikom will consider the owner of a QCPanel or cPanel User Platform and/or User Content created and/or uploaded to the relevant QCPanel or cPanel Service, as the person or entity who has access to the e-mail address then listed in Qualikom records for such User Account under which such QCPanel or cPanel User Platform or Content was created.
- If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Qualikom will consider the owner of such User Account and/or the relevant QCPanel or CPanel User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).
- Notwithstanding the foregoing, when applicable if a QCPanel or cPanel User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website. Qualikom will consider the owner of such a QCPanel or cPanel User Platform as the person or entity registered as the registrant of such domain thereunder.
- In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Qualikom will consider the organization as the actual owner of the domain, and therefore as the owner of the QCPanel or cPanel User Platform connected to such domain.
- In the event, the Billing Information indicates one person as the owner of the QCPanel or cPanel User Platform and the domain registration indicates a different owner, Qualikom shall consider the person registered as the owner of the domain connected to the Qualikom or CPanel Account as the owner.
- Notwithstanding the foregoing, Qualikom shall have the right to determine ownership of User Content as it chooses, by ignoring the indications set forth above, in the event, Qualikom deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Qualikom.
To use our services, you need to create a user account.
You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.
All activities that occur under your user account or website are your responsibility.
The account information you provide us must be your own (or your company’s) and be accurate and complete.
When a user account is disputed, we may determine the ownership of such a user account.
2. Your Obligations
2.1. You represent and warrant that:
- you are at least eighteen (18) years of age, in Canada, or twenty one (21) years of age if you are an individual in the United States of America (USA), or of the legal age of majority in your jurisdiction or country, and possess the legal authority, rights and freedom to enter into the Qualikom Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Qualikom Terms;
- you are not a resident of (or will use the Qualikom Services in) a country that the Canadian government has embargoed for use of the Qualikom Services, nor are you named on a list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
- your country of residence and/or your company’s country of incorporation is the same as the country specified in the contract and/or billing address you provide us;
- you understand that Qualikom does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith, And specifically regarding your User Content:
- you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Qualikom Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
- you have (and will maintain) the full power, title, licenses, consents, and authority to allow Qualikom Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using your User Content.
- the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Qualikom and/or your End Users to access, import, copy, upload, use or possess in connection with the Qualikom Services;
- you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
In order to use our services, there are certain obligations and conditions you need to meet.
Among others, you need to be of a certain legal age, reside and use our services in a permitted country.
In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable and that anything you do with it (or enable Qualikom or your end-users to do with it) is legal.
2.2. You agree to:
- fully comply with all applicable laws and any other contractual terms which govern your use of the Qualikom Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- be solely responsible and liable with respect to any of the uses of the Qualikom Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Qualikom Services);
- regularly and independently save and back up any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third-party Services used by you;
- receive from time to time promotional messages and materials from Qualikom or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;
- allow Qualikom to use on an ongoing basis, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Qualikom marketing and promotional activities, online and/or offline, and can modify them as reasonably required for such purposes, and you waive any claims against Qualikom or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, QCPanel or cPanel demo rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
- Qualikom’s sole discretion as to the means and methods for performing the Qualikom Services, including QCPanel or cPanel Services, the hosting, transmission, publication and/or display of any advertisements or other commercial content with respect thereto).
- ?Qualikom shall have the right to offer its services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Qualikom Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of content, quality and/or format of Content, sources of Content, volume of download, time, number of users of your Content, etc.
List of Musts
You must comply with all applicable laws.
You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.
You shall regularly save backups of your content.
You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us via email.
You allow us to use your application/website or Apps for our promotional activities, and to determine the manner in which the services will be performed.
You agree that Qualikom has the right to periodically impose and change price plans for its Services. Additionally, Qualikom may impose restrictions or suggest a higher or lower price plan, depending on your specific usage of the Service.
2.3. You agree NOT to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Qualikom Application/Website, the QCPanel Services (or any part thereof), any Content offered by QCPanel, CPanel or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Qualikom prior written and specific consent and/or as expressly permitted under the Qualikom Terms;
- submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Qualikom or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
- use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
- phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments unless done in accordance with any applicable law;
- upload, insert, collect or otherwise make available within the QCPanel Website or the Qualikom SaaS /cPanel Services (or any part thereof), any malicious, unlawful, defamatory or obscene content;
- publish and/or make any use of the Qualikom Services or Licensed Content on any website, media, network or system other than those provided by Qualikom, and/or frame, “deep link”, “page-scrape”, mirror and/or create a browser or border environment around any of the Qualikom Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Qualikom, in advance and in writing;
- use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Qualikom Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Qualikom Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Qualikom Services;
- act in a manner which might be perceived as damaging to Qualikom / QCPanel’s reputation and goodwill or which may bring Qualikom into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Qualikom / QCPanel Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the Qualikom Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Qualikom and/or any End Users;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Qualikom / QCPanel or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
- reverse lookup, trace, or seek to trace another User of Qualikom / QCPanel Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Qualikom / QCPanel Services and/or User Platform without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Qualikom / QCPanel Services, User Platform, the account of another User(s), or any other systems or networks connected to the Qualikom / QCPanel Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the Qualikom Services or any network connected to the QCPanel Services;
- upload to the Qualikom / QCPanel Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Qualikom / QCPanel Services or Qualikom /QCPanel systems or networks connected to the Qualikom / QCPanel Services, or otherwise interfere with or disrupt the operation of any of the Qualikom/ QCPanel Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- use any of the Qualikom / QCPanel Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- access to Qualikom Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Qualikom /cPanel Services, except as expressly permitted by the Qualikom / QCPanel Terms;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright, (cc)] indicators, or trademarks contained in or accompanying the Qualikom / QCPanel Services and/or Licensed Content; or
- violate, attempt to violate, or otherwise, fail to comply with any of the Qualikom / QCPanel Terms or any laws or requirements applicable to your use of the Qualikom / QCPanel Services.
- access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
List of Don’ts
In general, we just want you to be honest, and avoid doing anything that might harm us or anyone else.
Among other things, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.
Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.
3. Content and Ownership
3.1. Your Intellectual Property
As between Qualikom and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text, and literary works. Qualikom does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
You own all rights to your content. We may handle your content in order to provide you with our services.
3.2. Qualikom Intellectual Property
All rights, title and interest in and to the Qualikom Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Qualikom Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Qualikom.
Subject to your full compliance with the Qualikom Terms and timely payment of all applicable Fees, Qualikom hereby grants you, upon creating your User Account and for as long as Qualikom wishes to provide you with the Qualikom Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Qualikom Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Qualikom Terms, and solely within the Qualikom Services.
The Qualikom Terms do not convey any right or interest in or to Qualikom’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Qualikom Terms constitutes an assignment or waiver of Qualikom’s Intellectual Property rights under any law.
?In addition to the above, certain fonts made available to you within the Qualikom Services, are licensed to Qualikom by a third-party provider and are therefore subject to additional license terms of such providers, which are summarized and available for your review at https://www.Qualikom.com/about/mono-terms-of-use.
We own all rights in and to our services, content, data, technology, formats, and features.
You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.
Certain fonts that are available to you may be licensed by a third party, make sure you read their terms as well.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to Qualikom Services (whether existing, formats, software features, ideas, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Qualikom. By providing such Feedback to Qualikom, you acknowledge and agree that it may be used by Qualikom in order to: (i) further develop, customize and improve the Qualikom Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Qualikom -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Qualikom may use to provide and improve its services in general, (vi) to enhance Qualikom data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Qualikom any right, title, and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.
- Service Fees
5.1. Paid Services
The use of certain Qualikom Services may be subject to payment of particular fees, as determined by Qualikom in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Qualikom will provide notice of such Fees then in effect in relation to such Paid Services. If you require or use such Paid Services, you are required to pay all applicable Fees in advance or partial payments may be scheduled.
Qualikom reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Qualikom shall have the right to automatically and without notice renew your subscription to such Qualikom Service(s) at the full applicable Fee.
Fees shall be deemed to be in CAD or U.S. Dollars, depending on the customer’s country, except as specifically stated otherwise in writing by Qualikom. To the extent permitted by law (and unless specified otherwise by Qualikom in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable taxes relating to your use of the Qualikom Services, or to any payments or purchases made by you. If Qualikom is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Qualikom is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Qualikom (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Qualikom or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You may keep a credit card stored with Qualikom to pay for Paid Services (“Stored Card”). You will be able to identify each Stored Card by its last four digits as in your Account Settings page.
Some of our services cost money. We will let you know how much beforehand
Our prices are stated in CAD or U.S. Dollars depending of the country of our customer and before taxes unless otherwise said.
If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.
Invoices for our paid services will be sent via email and be also available in your user account.
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, such Paid Services will automatically renew upon the end of the anniversary date, whether monthly, semi-annually or yearly and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Qualikom will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Qualikom will endeavor to provide you notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
?You may turn off the auto-renewal option or cancel your Renewing Paid Services at any time by sending us an email or calling our billing department directly, at 905 458 0003.
Certain domains are subject to a different renewal policy as detailed in the domain registry agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Qualikom Services you use (whether or not such Qualikom Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Qualikom Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Qualikom Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Qualikom in relation to the discontinuation of any Qualikom Services or Third-Party Services, for whatever reason.
To make sure you don’t lose your domain or experience interruptions with your website at the end of your subscription period, we’ll automatically renew it.
Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.
5.4. Money-Back Guarantee
If you are not satisfied with Qualikom Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Qualikom Services (the “Refund” and “Refund Period”). This Refund is applicable only to the initial purchase of Qualikom services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Qualikom Website). The Refund is not applicable to QCPanel SaaS services, additional purchases, upgrades, modification or renewals of Qualikom Services. If Qualikom receives such notice within such Refund Period, Qualikom will refund to you the amount Qualikom charged you for such Qualikom Services, in the currency you were originally charged in, and cancel them accordingly. Please note that the refund amount may be different than the amount you were charged due to currency changes and third-party fees. Qualikom will not be responsible for any differences caused by the change of currency exchange rates or fees you were charged by third-parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Qualikom Services actually received, as permitted by law.
Please note: Certain services purchased on or through the Qualikom Services may be non-refundable. These include Third-Party Services such as domains, business tools, and applications. The terms of each purchased service or application are indicated on the Qualikom Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Qualikom will not refund any amounts paid for non-refundable Paid Services, applications or Third-Party Services.
We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. (This only applies to Cpanel (webhosting) services only). This may be extended according to the law.
Please carefully check the terms of each service before signing up, since some services are non-refundable.
If at any time, we record a decline, chargeback or other rejection of a charge of any payable fees on your Qualikom account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Qualikom Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications, and Third-Party Services may be subject to cancellation and Capacity Loss Section 6.3 below).
Your use of the Qualikom Services will not resume until you pay for any such Qualikom Services, and pay any applicable fees in full, including any fees and expenses incurred by Qualikom and/or any Third-Party Services for each Chargeback received (including Fees for Qualikom Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Qualikom, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Qualikom Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in you being liable for its applicable Fees, in addition to repayment of all the Fees applicable to the Qualikom Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did, in fact, authorize the transaction and make use of the services rendered thereafter.
Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.
Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses, and expenses that follow.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Qualikom Services at any time, in accordance with the instructions available on the Qualikom Services. The effective date and time for such cancellation shall be the date and time on which the next anniversary starts, (In general we require 30 days notice).
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such a subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (30) days prior to the expiration of the then-current service period.
You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any upcoming renewals.
6.2. Cancellation by Qualikom
Failure to comply with any of the Qualikom Terms and/or to pay any due Fee shall entitle Qualikom to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Qualikom Services (e.g., Paid Services) or Third-Party Services to you.
If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.
6.3. Loss of Data, Content, and Capacity
If your User Account or any Qualikom Services or Third Party Services relating to your User Account are canceled (whether at your request or at Qualikom’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User Data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Qualikom shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User Data. Please also note that additional fees may apply to the re-activation of a User Account and/or any Qualikom Services following their cancellation, as determined by Qualikom in its sole discretion.
If your account or any of your services are canceled, it may result in loss of content and data. You are responsible to back up your data and materials. We provide daily backup for QCPanel service customers. Further cloud backup is also available, for more information, please contact our support team by email at email@example.com .
- Third-Party Services
The Qualikom Services enable you to engage and procure certain third-party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third-party applications, Google app store, Google API, Google Maps services. WordPress (WP). Other Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, third-party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Qualikom Services, offered separately by Qualikom or persons certified or authorized by Qualikom, or otherwise offered anywhere in the Qualikom Services), Qualikom merely acts as an intermediary platform between you and such Third-Party Services, and does not in any way endorse any such Third-Party Services, or shall be in any way responsible or liable with respect thereto. Qualikom will not in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.
?You acknowledge that such services may require the payment of additional amounts to Qualikom and/or to the providers of such Third-Party Services.
Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms that govern such Third-Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, Qualikom may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Qualikom Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.
Our services enable you to get various services and tools from third parties that are not affiliated with us.
Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them.
We can remove services at any time, which may affect your website, user account or overall experience.
- Misconduct and Abuse
When using the Qualikom Services, you may be exposed to User Platforms, User Content or Third-Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Qualikom with respect thereto.
If you believe a User or any Third-Party Services acted inappropriately or otherwise misused any of the Qualikom Services, please immediately report such User and/or Third-Party Service to us via email. You agree that your report shall not impose any responsibility or liability upon Qualikom and that Qualikom may consider such a report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.
Qualikom Canada Inc.
6-295 Queen Street E, Suite #345
Brampton, ON. L6W 4S6. Canada.
- Disclaimer of Warranties
We provide the Qualikom Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Qualikom Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any country in which you are located), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the Qualikom services – please be sure to verify those before using them.
Qualikom may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Qualikom be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Qualikom Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Qualikom shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Qualikom Services and/or connecting and/or dealing with any Third-Party Services through or in connection with Qualikom Services and that Qualikom cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third-Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Qualikom does not recommend the use of the Qualikom QCPanel or cPanel Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
You understand and agree that certain Qualikom Services may still contain software bugs, suffer disruptions and not operate as intended or designated. such as Qualikom Services’ BETA testing.
We make no warranties regarding our services, including their quality, reliability, security, compatibility, and conditions.
We may monitor and edit your website and content.
?However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.
There are risks in using our services or anyone else’s services. You accept such risks.
Some of our services are still in BETA and may contain bugs or experience interruptions.
- Limitation of Liability
To the fullest extent, Qualikom, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Qualikom Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Qualikom Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Qualikom Services; (6) events beyond the reasonable control of Qualikom, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Qualikom Services.
You acknowledge and agree that these limitations of liability are agreed with allocations of risk constituting in part the consideration for Qualikom’s services to you, and such limitations will apply even if Qualikom has been advised of the possibility of such liabilities.
Subject to applicable law, we will not be liable for any damages.
If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.
Changes & Updates
Qualikom reserves the right to change, suspend or terminate any of the Qualikom Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Qualikom Services (including removal of any materials created by you in connection with the Qualikom Services) for any reason and/or change any of the Qualikom Terms with or without prior notice – at any time and in any manner.
You agree that Qualikom will not be liable to you or to any third-party for any modification, suspension or discontinuance of those Qualikom Services.
If any such changes involve the payment of additional fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Qualikom Services without enabling such changes, or provide you with alternative Services.
We may make changes to our services or to these terms at any time.
The Qualikom Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Qualikom Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Qualikom Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Ontario Canada.
Subject to any applicable law, all disputes between you and Qualikom shall only be resolved on an individual basis and you shall not have the right to bring any claim against Qualikom as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
?Notwithstanding anything to the contrary in this Section 12.2, if you are located in Canada, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Qualikom will be the Province of Ontario, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the province of Ontario.
These terms and our relationship shall be governed by the laws of Canada. Any disputes between us may only be brought before the courts of Ontario Canada.
We may provide you with notices in any of the following methods: (1) via the Qualikom Services, including by a banner or pop-up within the Qualikom Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Qualikom’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
The Qualikom Terms and your use of the Qualikom Services do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Qualikom and you.
We may provide you with notices via our services, by e-mail or through any other contact means you provided us.
Accepting these terms and services does not form a partnership or any special relationship between us
16.0. Entire Agreement
These terms (together with additional terms) shall constitute the sole and entire agreement between us
Qualikom may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Qualikom Services and/or Licensed Content to a third-party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Qualikom. Any attempted or actual assignment thereof without Qualikom’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 12.5 shall not in itself grant either Qualikom or you the right to cancel any Qualikom Services or Third-Party Services then in effect.
We may assign our rights and obligations to other parties. You may only do so with our prior written consent
17.0. Severability & Waivers
If any provision of the Qualikom Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Qualikom Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
These terms are independent of each other, in case any of them is found invalid.
Any heading, caption or section title contained herein, and an explanation or summary under the right “##Summary” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
Only the left column is legally binding (this column is just for clarity).
Translated (non-English) versions of these terms are provided for convenience only.
19.0. Customer Service Contact
To get in touch with our Customer Service – please use any of the options listed below:
- Go to Qualikom website which is available at https://qualikom.com
- Send an email message to firstname.lastname@example.org
Qualikom Canada Inc.
6-295 Queen Street E, Suite #345
Brampton, ON. L6W 4S6. Canada.
Updated May 24, 2019