1. Introduction and Definitions
For the purposes of these Terms of Service (hereinafter “Terms”) “you” and “your” shall mean an individual or a legal entity, and its directors, officers, employees agents, representatives and others for whom it is responsible at law, that uses a Service and is thereby bound by these Terms. “Green Lotus” shall refer to Green Lotus Inc. “Service” refers to any product or service utilized by you or subscribed for by you and provided by Green Lotus and “Services” shall mean more than one. “Website” shall refer to www.greenlotus.ca and all relevant subdomains and/or any other website owned by Green Lotus. “Service Package” refers to any service package or service plan for Services, offered on the Website, to which you subscribe.
2. Legal Agreement
Green Lotus provides Services to you subject to these Terms. By completing the registration process on the Website, subscribing to a Service Package, using a Service or using the Website, you accept these Terms as a binding agreement and contract between you and Green Lotus and you acknowledge that you have read, understand and agree to be bound by these Terms. If you disagree with any part of these Terms, you must leave the Website and discontinue using the Service immediately. If you are using the Service on behalf of any other person, company, entity, organization or third party, you represent and warrant that you are authorized to accept these Terms on such third party’s behalf, and that you and such third party jointly and severally agree to indemnify and save harmless Green Lotus and its directors, officers, employees agents and representatives (“Green Lotus Group”) from any liabilities, actions, demands, judgements, losses, costs, damages and expenses (“Losses”) of any kind sustained by Green Lotus Group arising from a violation by you of these Terms. Green Lotus reserves the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the Website. The Terms are presently to be found at https://greenlotus.ca/terms-of-service and such changes shall take effect immediately thereafter. It is your responsibility to check the Website from time to time to apprise yourself of any changes to the Terms. You agree to be bound to any changes of these Terms when you use the Services after any such modification is posted.
3. Registration and Your Obligations of Security
The Service Packages are presently located at the links listed below:
- • SEO Services https://greenlotus.ca/small-business/seo-services
- • PPC Services https://greenlotus.ca/small-business/ppc-services
- • SEO Tools https://greenlotustools.com/pricing
- • Social Media Services https://greenlotus.ca/small-business/social-media-management
- • Email Marketing Services https://greenlotus.ca/small-business/email-marketing
- • Web Design Services https://greenlotus.ca/small-business/website-design
You agree to provide accurate and current information about yourself as may be prompted by the registration form, maintain the security of your password and accept all risks of unauthorized access to your password. Green Lotus does not warrant in any way that any data may not be intercepted for illegal purpose. You agree that you shall indemnify and save harmless Green Lotus Group from any Losses arising from the content and operation of your account. Except as set out in these Terms, Green Lotus assumes no responsibility for the content, results or operation of your account, your data, the security of your account or data or any Website.
4. Grant of Right to Use
Subject to these Terms and any restrictions imposed by any governmental authority or applicable laws, regulations, ordinances, judgments, orders or policies set forth by any authorized governmental body, Green Lotus grants to you a limited, revocable, non-exclusive right to use the Services solely as provided in your Service Package. You may use the Services during the subscription period, provided you have paid and continue to pay the subscription fees (including renewal subscription fees), when and as applicable. Your Service Package is non-transferable. We hereby acknowledge your right and ownership to the data contained in the Service reports. Green Lotus shall have the right to utilize the data contained in the Service reports for trends assessment, aggregation analysis, case studies, development of new Green Lotus products and survey generation, and for these purposes, Green Lotus agrees that any data so used shall be anonymized to protect the confidentiality of such data. During the subscription period Green Lotus shall grant to you the right to:
- • reproduce, copy, modify, adapt, translate and otherwise create derivative works of the Service reports developed for you; and
- • transmit and/or publish the Service reports.
You may not use the Service for (a) any purpose contrary to any applicable law or regulation, (b) any fraudulent, illegal or immoral purpose, (c) any purpose which directly interferes with the use of services provided to any other customer of Green Lotus.
The granted right shall terminate immediately when you fail to comply with these Terms, and Green Lotus may thereupon, in its sole discretion, suspend or terminate your account, terminate this agreement and/or the Services and pursue you for any applicable charges and fees. Green Lotus reserves the right to monitor and inspect your Service account and its activities from time to time. You agree that Green Lotus may use your name, corporate name (if applicable) and logo (if applicable) to identify you as a user and client of the Services and in Green Lotus’ promotional portfolio.
Green Lotus provides no representations, warranties or guarantees as to favourable performance or results on your behalf through utilization of the Service.
5. Terms of Payment and Refunds
All pricing and terms of payment (including billing period) which are not provided below are provided on the applicable page of each Service Package on the Website. You agree to pay forthwith, or at such time specified by Green Lotus, all applicable fees, including one-time or recurring fees incurred in connection with the projects of the Service account at the prices effective at the time a subscription is bought (“Subscription Fees).
All transactions respecting Subscription Fees are processed via Moneris and/or PayPal secure services and you will (a) at all times during the Term be responsible for all payments to Green Lotus as and when due, (b) be solely responsible for the security of your PayPal account, if one is used by you and (c) provide Green Lotus with all necessary details as to your credit card or PayPal account to expedite and process all required payments of Subscription Fees. Green Lotus assumes no responsibility or liability whatsoever for any failure to receive Subscription Fees from you due to any fault, defect or non-performance by PayPal Inc. and, for greater clarity, you must look solely to your credit card or PayPal for redress and remedy in the event any Subscription fee payment has been lost or improperly processed and you shall remain liable to Green Lotus for all outstanding Subscription Fees until received by Green Lotus. Where not otherwise indicated, you will pay Green Lotus the relevant Subscription Fees in advance for your selected billing period and Green Lotus will automatically charge your credit card or PayPal account or such Subscription Fees. All charges to your credit card are reflected in the Service invoices and receipts which will be emailed to you on your subscription renewal date and you will receive your invoice electronically.
The Service Package shall renew automatically for a further term equal to the term of your current Service Package (in each case a “Renewal Term”), unless otherwise stated. You can cancel your account any time by contacting a Green Lotus representative and indicating you wish to cancel or terminate that Service. If there are insufficient funds on the Service account and/or on a user’s credit card or if your credit card becomes inactive to renew a subscription to the current Service Package for another billing period, you will have a period of fifteen (15) days from the date Green Lotus notifies you of the existence of any of the above circumstances to provide sufficient funds on their Service account or credit card to pay all Subscription Fees in full as and when due, failing which Green Lotus reserves the right to suspend all Services to you.
Unless stated otherwise in writing or in these Terms under Section 9, all Subscription Fees and other charges are non-refundable.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT GUARANTEE AND DO NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT ASSUME ANY OBLIGATION TO MONITOR USER ACTIVITIES ON THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation on Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING FROM YOUR USE OF THE SERVICE, EVEN IF GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR GREEN LOTUS TO PROVIDE THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED DOLLARS ($200.00). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, REGARDLESS OF THE CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada without regard to conflict of laws principles. Any action relating to these Terms must be brought in the Provincial courts located in Toronto, Ontario and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum, including but not limited to any claim as to the location of the data and Service, whether in the cloud or otherwise.
In the event circumstances arise beyond Green Lotus’ reasonable control or foreseeability, including but not limited to an event which would constitute force majeure (i.e. flood, earthquake, lightning, tempest, fire, act of God, insurrection, riot, strike or labour dispute, terrorism) which adversely affects the provision of the Service by Green Lotus, Green Lotus shall not be liable to you by reason of the occurrence of such event or circumstance, however Green Lotus shall notify you of the occurrence or event and shall take reasonable steps to minimize the time period of any delay or inability to use the Service.
The Terms constitute the entire agreement between you and Green Lotus and govern your use of the Service, superseding any prior agreements between you and Green Lotus. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
You may not assign these Terms to anyone, and any assignment of these Terms by you will be null and void.
The section titles and numbering of these Terms are displayed for convenience and shall have no legal effect. These Terms shall be read with the changes in gender or number appropriate to the context. All monetary amounts in these Terms are with reference to Canadian Dollars. Green Lotus and you are independent contractors and no relationship of agency, joint venture, employer-employee or similar relationship is formed due to these Terms, and neither you or Green Lotus has any ability to bind the other to any contractual arrangements with third parties.
You and Green Lotus agree to do all additional acts and execute all additional documents to give best effect to these Terms. These Terms enure to the benefit of and are binding on your and Green Lotus’ respective heirs, executors, assigns and personal representatives.
Green Lotus reserves the right to have a third party provide the Service and shall notify you if this is the case. Green Lotus shall remain responsible for any of its obligations under these Terms. If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org.
Notice shall be delivered by electronic communication to the email address or facsimile number provided by you to Green Lotus and, if notice from you, to Green Lotus’ email address or facsimile number listed for contact on our website. Notice shall be deemed to be delivered on the day it is sent.
Any obligations of (a) indemnification, (b) payment by you of outstanding Subscription Fees, (c) confidential information of Green Lotus received by you shall survive the termination of your Service indefinitely
SPECIAL ADDITIONAL TERMS FOR SEO TOOLS USERS
Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a SEO Tools user or subscriber.
- a. “Service” shall refer to and include Green Lotus SEO tools services;
- b. To start using the Service you must register online for a SEO Tools account at www.greenlotustools.com and follow the instructions there
- c. There is a 14-day free trial period for these Services after which you must subscribe to a Service Package to continue using these Services
- d. The packages are as set out in the above-mentioned link and are currently set out as follows:
- i. Basic, basic plus and advanced for small business customers
- ii. Silver, silver plus and gold for enterprise customers
- iii. Starter, starter plus and pro for agency customers
- e. During the subscription period you can access your Green Lotus SEO Tools Account, use the various Tools, generate reports, track results, and manage your SEO strategy.
- f. Services are only offered on a monthly or yearly subscription basis
SPECIAL ADDITIONAL TERMS FOR PAY-PER-CLICK USERS
Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a pay-per-click (“PPC”) user or subscriber.
- a. “Service” shall refer to and include Green Lotus PPC services;
- b. To start using the Service you must register online for a PPC Services account at https://greenlotus.ca/small-business/ppc-services and follow the instructions there
- c. The packages are as set out in the above-mentioned link and are currently set out as “Starter”, “Starter Plus” and “Pro”
- d. Services will include leads tracking, bing and google ads and optimization of the chosen landing page
- e. Services are only offered on a monthly subscription basis
- f. In addition to any other limitations of liability contained in these Terms, Green Lotus shall not be liable under any circumstances for any liabilities or lack of performance in the event you choose to change, amend or alter any part of the optimized landing page which Green Lotus creates for you.
- g. For greater clarity, Green Lotus retains 35% of the Subscription Fee for its management, administrative and all other value-added services and the remainder of the Subscription Fee is utilized for your advertising spending.
SPECIAL TERMS FOR SEO SERVICES
Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a SEO Services user or subscriber
- a. “Service” shall refer to and include Green Lotus SEO services
- b. To start using the Service you must register online for a SEO Services account at https://greenlotus.ca/small-business/seo-services and follow the instructions there
- c. The packages are as set out in the above-mentioned link and are currently set out as “Basic SEO”, “Pro SEO” and “Pro SEO + Social Media”
- d. Services are only offered on a monthly subscription basis or a 4-month subscription basis
SPECIAL TERMS FOR SOCIAL MEDIA SERVICES
Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a Social Media services user or subscriber
- a. “Service” shall refer to and include Green Lotus Social Media services
- b. To start using the Service you must register online for a Social Media Services account at https://greenlotus.ca/small-business/social-media-management and follow the instructions there
- c. Services are only offered on a monthly subscription basis or a 4-month subscription basis
SPECIAL TERMS FOR WEB DESIGN SERVICES
Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a website design user or subscriber
- a. “Service” shall refer to and include Green Lotus Website Design services
- b. To start using the Service you must obtain these products and services online at https://greenlotus.ca/small-business/website-design and follow the instructions there
- c. The packages are as set out in the above-mentioned link and are currently set out as “Responsive Layout” and “E-Commerce Responsive Layout”
- d. Services are a one-time subscription only and do not renew
- e. Any other additional applicable terms for these Services (above and beyond as set out in the Terms) shall be as set out in the above-mentioned link and any subdomains of that link.
SPECIAL TERMS FOR E-MAIL MARKETING SERVICES
Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a website design user or subscriber
- a. “Service” shall refer to and include Green Lotus Email Marketing services
- b. To start using the Service you must obtain these products and services online at https://greenlotus.ca/small-business/email-marketing and follow the instructions there
- c. The packages are as set out in the above-mentioned link and are currently set out as “Entry-Level” and “Pro-Level”
- d. Services are only offered on a monthly subscription basis
- e. You must obtain and maintain a Constant Contact Account in order to access and use this Service. Green Lotus’ obligations are to manage your account and Green Lotus assumes no obligation or liability for any content forming part of the Service, which you will provide.