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SHAREVISION SUBSCRIPTION AGREEMENT

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING REGISTRATION. BY SELECTING “I AGREE” OR OTHERWISE COMPLETING REGISTRATION AND ORDERING THE SOFTWARE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND POWER TO BIND A COMPANY OR LEGAL ENTITY IN THE CASE YOU ENTER THIS AGREEMENT ON BEHALF OF A COMPANY OR LEGAL ENTITY. IF YOU DO NOT AGREE TO EACH TERM AND CONDITION OF THIS AGREEMENT, DO NOT COMPLETE THE REGISTRATION, AND SELECT “I DECLINE.” YOU MAY NOT USE THESE SERVICES WITHOUT ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND COMPLETING REGISTRATION.

Upon selecting the “I Agree” checkbox, you (the “Subscriber”) and Breakwater Designs Limited (“Breakwater” or the “Service Provider”) are bound by this agreement effective immediately (the “Effective Date”).

Breakwater agrees, on a subscription basis, to allow the Subscriber access to a software application that runs on computer servers managed by the Service Provider and connected via secure communications to the internet, including access to ShareVision from any computer running a modern web browser (your “Subscription”).

1. SUBSCRIPTION SERVICES

Your Subscription includes the following services platforms, on an online and offline basis as required, developed by the Service Provider, and provides access to additional ancillary online products, software, and web hosting as part of Subscriber’s subscription as follows:

  • Access and use of your ShareVision Site;

  • Web hosting of your ShareVision Site;

  • Access to the ShareVision Knowledge Base, an online library of help information;

  • Access to a ShareVision Community online forum; and

  • Provision to your ShareVision Site with up to 10 GB of data storage for the Simply edition and 100 GB for Plenty.

(Collectively the “Services”).

You also agree to abide by the Terms of Use. The Service Provider reserves the right to update the Terms of Use periodically.

2. SUBSCRIPTION TERM

  • The initial term of the subscription (the “Initial Term”) shall begin on the Effective Date and continue for twelve (12) consecutive calendar months (the “Minimum Term”).

  • The Subscriber is responsible for payment of all fees for the full Minimum Term, regardless of usage. If the Subscriber cancels during the Minimum Term, the Subscription will remain active and fees will continue to be billed on the existing monthly schedule through the end of the Minimum Term.

  • Following the Initial Term, unless cancelled in accordance with this Agreement, the Subscription shall automatically renew for successive one (1) year terms (each, a “Renewal Term”) until cancelled by the Subscriber.

3. RENEWAL AND CANCELLATION

  • Subscriptions will automatically renew at the end of each Initial Term or Renewal Term unless cancelled through the ShareVision site prior to the renewal date.

  • The Subscriber may cancel its Subscription at any time directly through its ShareVision site.

  • Cancellation does not relieve the Subscriber of its obligation to pay all fees for the full Minimum Term. If cancellation occurs prior to completion of the Minimum Term, all unpaid fees for the remainder of the Minimum Term shall continue to be collected until the end of the minimum term.

  • Cancellation is effective at the end of the then-current billing cycle, and Services will be discontinued accordingly.

4. SUBSCRIPTION FEES AND PAYMENT TERMS

  • The monthly subscription fee for each edition is listed on the Pricing Link in effect at the Effective Date.

  • Monthly billing is provided for convenience only and does not alter the Subscriber’s obligation to pay the full annual subscription fee for the Minimum Term.

  • Subscription fees are due in advance on the first day of each billing cycle.

  • All prices are in Canadian Dollars (CAD) for Canadian customers, US Dollars (USD) for US customers. Taxes are extra.

  • Payments are non-refundable and non-transferable. Cancellation shall not entitle the Subscriber to any refund, credit, or proration.

  • Late payments may accrue interest at 1.5% per month (or the maximum permitted by law).

5. OTHER CHARGES AND FEES

The following additional charges and fees may apply (subject to change):

  • Data storage exceeding 10 GB for Simply: $2.50/month for each additional 10 GB.

  • Data storage exceeding 100 GB for Plenty: $25.00/month for each additional 100 GB.

6. SUSPENSION

The Service Provider reserves the right to suspend access to your Site if overdue amounts exceed 15 days. Suspension does not relieve the Subscriber of its payment obligations. Services will be restored upon payment of all outstanding amounts. If payment is not received within 30 days of suspension, the Service Provider may permanently terminate this Agreement.

7. TERMINATION

  • The Service Provider may terminate this Agreement immediately for cause, including material breach by the Subscriber.

  • Upon termination (whether by Subscriber or Service Provider), the Subscriber remains responsible for all unpaid amounts due under the Minimum Term.

  • Upon termination, the Service Provider will delete the Subscriber’s ShareVision Site, its data, and all related backups. The Subscriber is solely responsible for exporting its data prior to termination.

8. WARRANTIES AND LIABILITY

  • Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including fitness for a particular purpose or merchantability.

  • To the maximum extent permitted by law, Breakwater’s total liability for any claim arising under this Agreement shall not exceed the subscription fees paid by the Subscriber in the twelve (12) months preceding the claim.

  • Neither party shall be liable for indirect, incidental, special, or consequential damages, including loss of profits or data.

9. FORCE MAJEURE

Neither party shall be liable for failure or delay in performance due to causes beyond its reasonable control, including natural disasters, strikes, internet failures, government actions, or other force majeure events.

10. SEVERABILITY

If any provision of this Agreement is found unlawful, void, or unenforceable, the remaining provisions shall remain valid and enforceable.

11. GOVERNING LAW AND JURISDICTION

This Agreement will be governed by the laws of the Province of British Columbia. The parties irrevocably submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, for all disputes arising under this Agreement.

12. ACCEPTANCE

By clicking the “I Agree” checkbox and completing registration, you confirm that you have read and understood this Agreement, and that you are authorized to bind the Subscriber to its terms.