Terms of Service

Effective date: [01, 01, 2015]

These Terms of Service (“Terms”) govern your use of hosting and related services provided by Technomax (“Technomax”, “we”, “us”, “our”). By ordering or using our services, you agree to these Terms.

1. Services

We provide web hosting and related services, including but not limited to: high-availability hosting, domain-related services, and basic technical support. The specific services you receive are described in your plan details and order confirmation.

2. Account responsibility

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity that occurs under your account.
• You agree to notify us promptly of any unauthorized access or security issue.

3. Acceptable use

You agree not to use our services to:

• Send spam or unsolicited bulk email.
• Host or distribute malware, phishing pages or other malicious content.
• Infringe the intellectual property rights of others.
• Host illegal content, or content that is unlawful in the jurisdiction where our servers are located.
• Engage in activities that could damage, disable or overload our infrastructure or the networks of others.

We reserve the right to suspend or terminate services that violate these acceptable use provisions or applicable law, with or without notice where required for security or legal reasons.

4. Data and backups

You are responsible for maintaining your own copies of important data. While we may perform regular backups as part of our service, these are provided as a best-effort measure and are not a guarantee of data recovery. We strongly recommend that you maintain your own off-site backups in addition to any backups we provide.

5. Payment and billing

• All prices are listed in Canadian dollars (CAD) unless otherwise stated.
• Recurring services are billed in advance on a monthly or annual basis, depending on your plan.
• Applicable taxes (such as HST for Canadian customers) are added at checkout.
• If a payment fails or a subscription is cancelled, we may suspend or terminate services after a reasonable grace period.

6. Service Level Agreement (SLA)

We aim to provide highly reliable hosting services. Our goal is to maintain at least 99.9% uptime for our hosting platform each calendar month, excluding planned maintenance and circumstances outside our reasonable control.

a) Uptime calculation

“Uptime” refers to the availability of the hosting platform at the network and hypervisor layer. It does not include issues caused by:

• Maintenance windows announced in advance.
• Software or configuration changes made by you or at your request.
• Third-party services, scripts, plugins or code installed by you.
• Network issues outside our upstream providers’ control (e.g., widespread Internet routing problems).
• Force majeure events such as natural disasters, major power failures or large-scale attacks.

b) SLA credits

If we fail to meet the 99.9% uptime goal in a calendar month, you may request a service credit equal to a portion of your monthly hosting fee for the affected service. Credits are:

• Issued at our discretion after we verify the downtime.
• Applied to future invoices only (no cash refunds).
• The sole and exclusive remedy for downtime or service unavailability under this SLA.

To request a credit, you must contact us in writing within 30 days of the end of the month in which the downtime occurred.

7. Third-party services

Our services may rely on third-party providers such as data centres, network carriers, domain registrars and payment processors. We are not responsible for acts or omissions of third parties outside our reasonable control.

8. Intellectual property

You retain all rights to the content you upload to your hosting account. You grant us a limited license to store, transmit and display that content as necessary to provide the services to you.

All software, tools and systems used to provide our services (including our logos, website design and underlying infrastructure) are our property or the property of our licensors.

9. Limitation of liability

To the maximum extent permitted by law, Technomax and its owners, employees and contractors shall not be liable for any indirect, incidental, special or consequential damages, including loss of profits, revenue, data or business opportunities, arising out of or in connection with the use or inability to use our services.

Our total aggregate liability for any claim arising from or related to the services will not exceed the amount you paid to us for the services in the three (3) months immediately preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify and hold harmless Technomax from any claims, damages, losses, liabilities, including legal fees, arising out of your use of the services, your content, or your violation of these Terms or applicable law.

11. Termination

You may cancel services at any time by contacting us. We may suspend or terminate services if you fail to pay fees when due, violate these Terms or use the services in a way that could harm our infrastructure or other customers.

Upon termination, your hosting account and related data may be deleted. It is your responsibility to ensure you have backups of your content before cancellation or termination.

12. Governing law

These Terms are governed by the laws of the Province of Ontario and the laws of Canada, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Mississauga/Ontario] for any disputes arising from these Terms.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the effective date at the top of this page. If the changes are material, we may also provide additional notice by email or via our website. Your continued use of the services after changes take effect constitutes your acceptance of the revised Terms.

14. Contact

If you have questions about these Terms, please contact us using our Contact Form.

15. Warranty and support

We will provide hosting and web development services using reasonable skill and care, consistent with generally accepted industry practices for similar services.

Our work is provided "as is" and "as available". We do not guarantee specific business results such as particular search engine rankings, sales volumes, enquiry levels or other outcomes that depend on factors outside our control (including your content, competition, marketing, market conditions or third-party platforms).

For project-based work, we will correct defects that are directly attributable to our code or configuration at no additional charge for a reasonable period after delivery (for example, 90 days), provided the site or application has not been altered by a third party or used in a way that was not discussed during the project.

Except as expressly stated in these Terms, we disclaim all other warranties, express or implied, to the maximum extent permitted by law.