Terms of Service

1. These terms

These terms govern your use of the exotecho.com website and of any development, consultancy or hosting service supplied by Exotecho, Inc., a company incorporated in Ontario, Canada (registration #1001404294).

Where you have signed a separate written agreement, statement of work or service order with us, that document prevails over these terms to the extent of any conflict.

2. Accounts

You must give accurate information when creating an account and keep it current. You are responsible for everything that happens under your account, and for keeping your credentials confidential. We strongly recommend enabling two-factor authentication.

You must be at least 18 years old, or have the authority to bind the organisation you are acting for.

3. Quotes and project work

Quotes issued through this website are estimates based on the information supplied at the time. A quote becomes binding only once both parties have accepted a written statement of work setting out scope, deliverables, schedule and fees. Quotes are valid for 30 days unless stated otherwise.

Unless the statement of work says otherwise:

• Work is invoiced 50% on acceptance and 50% on delivery.
• Changes to agreed scope are quoted separately before they are carried out.
• We rely on you to supply content, access and decisions promptly; delays on your side move the schedule.

Intellectual property. On payment of all sums due, ownership of the bespoke source code we write for you transfers to you, together with the repository history and deployment configuration. Third-party components remain under their own licences, and we retain ownership of the general-purpose tools, libraries and know-how we bring to the engagement.

4. Hosting services

Hosting is billed in advance, monthly or annually according to the plan you select. Service continues until cancelled.

Resource allowances — storage, bandwidth, CPU, memory, entry processes, inodes — are published on each plan and enforced technically. Where a plan describes a resource as "unlimited" or "unmetered", that describes the absence of a metered charge, not a licence to consume capacity that degrades service for others; sustained use materially beyond a normal workload for the plan may require an upgrade.

You are responsible for the content you host, for keeping applications you install patched, and for maintaining your own backups. Backups we take are for our own disaster recovery and are provided to you as a courtesy, not as a substitute for your own.

Use of hosting is additionally subject to our Acceptable Use Policy.

5. Uptime

We target 99.99% network availability, measured monthly and excluding scheduled maintenance announced at least 48 hours in advance, and any downtime caused by your own application, content or third-party services. Where we fall short in a given month, credits are available on request against the following month's invoice.

6. Fees, taxes and non-payment

All prices on this website are in Canadian dollars and exclude applicable taxes, which are added at checkout. Fees are non-refundable except as set out in our Refund Policy.

If an invoice is unpaid seven days after its due date we may suspend service. Data on a suspended account is retained for 30 days, after which it may be deleted permanently.

7. Cancellation

You may cancel a hosting service at any time from your client area. Cancellation takes effect at the end of the current billing period; we do not pro-rate partial periods except where the Refund Policy provides otherwise.

We may suspend or terminate service immediately for a material breach of these terms or of the Acceptable Use Policy, for non-payment, or where required by law.

8. Liability

Nothing in these terms excludes liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be excluded.

Subject to that, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, or loss of data, and our total liability arising out of or in connection with a service is limited to the fees you paid us for that service in the twelve months before the claim arose.

We provide the website and services with reasonable skill and care but do not warrant that they will be uninterrupted or error-free.

9. Governing law

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it. The courts of Ontario have exclusive jurisdiction, save that either party may seek injunctive relief in any competent court.

10. Changes and contact

We may amend these terms; the amended version takes effect when posted here, and we will notify account holders by email of any material change at least 30 days beforehand. Continued use after that date constitutes acceptance.

Questions: contact@exotecho.com, or Exotecho, Inc., 145 ½ Church Street, Unit 5, Toronto, Ontario, M5B 1Y4, Canada.