Terms and Conditions

1. Acceptance of Terms

By accessing or using our website design and hosting services ("Services"), you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not use our Services.

2. Service Description

We provide website design, development, hosting, and maintenance services with the following structure:

• Website Development: We design and develop your website at no upfront cost.
• Hosting & Maintenance: Monthly fees apply for hosting, security, updates, and technical support.
• Launch Timeline: Websites are typically completed and launched within 48-72 hours after content and materials are received.

3. Pricing and Payment Terms

3.1 Monthly Fees

Monthly hosting and maintenance fees vary by plan (Basic, Pro, or Executive) and are outlined on our pricing page. Fees are billed monthly and are due on the first day of each billing cycle.

3.2 Payment Method

Payment must be made via credit card, debit card, or pre-authorized payment. All fees are in Canadian Dollars (CAD) unless otherwise specified.

3.3 Late Payment

If payment is not received within 5 business days of the due date, we reserve the right to suspend or terminate Services until payment is received. A late payment fee of $25 CAD may be applied.

3.4 Price Changes

We reserve the right to modify our pricing with 30 days' advance written notice. Existing clients will be grandfathered into their current pricing for a minimum of 12 months from their start date.

4. Client Responsibilities

You agree to:

• Provide accurate business information, content, images, and materials required for website development
• Respond to requests for information or clarification in a timely manner
• Ensure all content provided does not infringe on third-party intellectual property rights
• Maintain the confidentiality of any login credentials provided
• Comply with all applicable laws and regulations in your use of the Services
• Not use the Services for any illegal, harmful, or fraudulent purposes

5. Intellectual Property Rights

5.1 Ownership During Active Service

While Services are active and payments are current, you retain ownership of your business content (text, images, logos). We retain ownership of the website code, design templates, and underlying framework.

5.2 Transfer of Ownership

After 12 consecutive months of active service with all payments current, you may request full ownership transfer of the website code and design for a one-time transfer fee of $499 CAD. Upon transfer, hosting and maintenance Services will terminate unless a separate hosting-only agreement is established.

5.3 Content License

You grant us a non-exclusive, royalty-free license to use your content solely for the purpose of providing Services under this agreement.

6. Website Modifications and Updates

Depending on your selected plan, you are entitled to a specified number of monthly content updates and modifications. Additional changes beyond plan limits may incur additional fees. Major redesigns or functionality changes may require a separate project agreement.

7. Service Level and Uptime

We strive to maintain 99.9% uptime for hosted websites. However, we do not guarantee uninterrupted service and are not liable for downtime due to circumstances beyond our reasonable control, including but not limited to hosting provider outages, DDoS attacks, or force majeure events.

8. Termination

8.1 Termination by Client

You may terminate Services at any time with 30 days' written notice. Upon termination, you must pay all outstanding fees through the notice period. After termination, your website will be taken offline and you will not have access to the website files unless you have completed an ownership transfer as outlined in Section 5.2.

8.2 Termination by Us

We reserve the right to terminate Services immediately if:

• Payment is more than 14 days overdue
• You breach these Terms and Conditions
• You use the Services for illegal or fraudulent activities
• You violate our Acceptable Use Policy

8.3 Data Retention After Termination

Upon termination, we will retain a backup of your website data for 30 days. After 30 days, all data will be permanently deleted unless otherwise agreed in writing.

9. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Services
• Any unauthorized access to or alteration of your content
• Any interruption or cessation of Services
• Any bugs, viruses, or other harmful code that may be transmitted through the Services

Our total liability to you for any claims arising out of or related to these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless our company, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

• Your use of the Services
• Your breach of these Terms and Conditions
• Your violation of any rights of another party
• Content you provide that infringes on intellectual property or other rights

11. Warranties and Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

12. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

Any disputes arising out of or relating to these Terms shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to binding arbitration in Mississauga, Ontario, in accordance with the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in English.

Notwithstanding the above, either party may seek injunctive relief in the courts of Ontario to prevent irreparable harm.

13. Privacy and Data Protection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the practices described in the Privacy Policy.

14. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. We will provide notice of material changes by email or through a prominent notice on our website at least 30 days before the changes take effect. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of our Services and supersede all prior agreements and understandings, whether written or oral.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us at: