Terms and Conditions

1. Intellectual Property Rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and its content. All such intellectual property rights are reserved, subject to the license below.

2. Website Use License

You may view, download for caching purposes only, and print pages from our website for your personal use, subject to the restrictions set forth below and elsewhere in the Terms.

You must not:

• Republish content from our website (including republication on another website).
• Sell, rent, or sub-license content from our website.
• Reproduce, duplicate, copy, or otherwise exploit content on our website for commercial purposes.
• Edit or otherwise modify content on our website.
• Redistribute content from our website, except where content is expressly made available for redistribution.
• Where content is expressly made available for redistribution, it may only be redistributed within your organization.

3. Acceptable Use

• You must not use our website in any way that causes, or may cause, damage to the website or impairment of its availability or accessibility; or in any unlawful, fraudulent, or harmful manner, or in connection with any unlawful, fraudulent, or harmful purpose or activity.
• You must not use our website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious software.
• You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent.
• You must not use our website to transmit or send unsolicited commercial communications.
• You must not use our website for marketing purposes without our express written consent.

4. Restricted Access

We reserve the right to restrict access to certain areas of our website, or the entire website, at our discretion and without notice.

5. User Content

In these Terms, "user content" means material (including, without limitation, text, images, audio material, video material, and audio-visual material) that you submit to our website, for any purpose.

• You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
• Your user content must not be illegal, must not infringe any third party’s legal rights, and must not be defamatory, obscene, offensive, threatening, hateful, racist, sexist, homophobic, or otherwise objectionable.
• You are solely responsible for your user content and the consequences of submitting or publishing it. We are not responsible for user content submitted by third parties.

6. Third-Party Website Links

Our website may contain links to third-party websites. These links are not under our control, and we are not responsible for the content or availability of such third-party websites. We make no representations or warranties about any third-party websites, and we are not liable for any loss or damage you may incur from relying on content, products, or services available on such websites. You use these links at your own risk.

7. Disclaimer of Warranties

We do not warrant that our website will be continuously available, or that its operation will be uninterrupted or error-free. Furthermore, we do not warrant the accuracy, reliability, or completeness of the content on our website.

8. Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, or for any other damages (including, without limitation, loss of data, profits, revenue, customers, contracts, goodwill, or opportunities) arising out of or in connection with:

• Your use of our website;
• Your breach of the Terms;
• Your violation of any law or third-party rights;
• Your user content.

Our total liability to you for any claim arising out of or in connection with your use of our website or the Terms (including any breach thereof or any legal theory) shall not exceed the total amount you have paid for using our website, if any.

9. Indemnification

You agree to indemnify, defend, and hold harmless our company, our subsidiaries, affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable legal fees) arising out of or in connection with:

• Your use of our website;
• Your breach of the Terms;
• Your violation of any law or third-party rights;
• Your user content.

10. Severability

If any provision of the Terms is found to be unlawful, void, or unenforceable for any reason, that provision will be severed from the Terms and will not affect the legality, validity, or enforceability of the remaining provisions.

11. Waiver

The failure of our company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

12. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace the Terms at any time. If a modification is deemed material, we will notify you by posting a notice on our website.

Your continued use of our website after posting a notice of modifications to the Terms constitutes your acceptance of those modifications.

13. Governing Law & Jurisdiction

The Terms and your use of our website shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. You agree that any dispute arising out of or in connection with the Terms or your use of our website shall be subject to the exclusive jurisdiction of the competent courts of Canada.

14. No Refund Policy

Excellence Hosting does not refund server hosting fees paid by users.

Users who choose to cancel their server hosting accounts are not eligible for a refund for the unused subscription period.

Users must understand that server hosting fees are paid to access server hosting services during a specific period and that payment cannot be refunded once that period has begun.

By purchasing a server hosting plan on our website, users agree to this no refund policy and commit not to request a refund for server hosting fees paid.

If you have any questions or concerns regarding this no refund policy, please contact our customer support team for assistance.

15. Privacy Policy

Excellence Hosting (exhosting.ca) is committed to protecting the privacy of our clients and ensuring the confidentiality of the personal information they provide while using our website and server hosting services.

We collect the following personal information from our clients:

- Full Name
- Email Address
- Phone Number
- Mailing Address
- Payment Details (credit/debit card number, expiration date, security code)

We use this information to provide and manage the server hosting services purchased by our clients, as well as to communicate with them regarding their accounts and subscriptions.

We do not share our clients’ personal information with third parties, except in the following cases:

When required to do so by law or court order.
When we have the express authorization of our clients to share their information with third parties for specific purposes, such as sending advertisements or special offers.

This means that in most cases, we do not share our clients’ personal information with third parties without their explicit consent. However, in certain situations, such as when required by law, we may be obligated to share this information with third parties.

16. Development Services

At Excellence Hosting, we are committed to delivering high-quality hosting services to our clients. However, in the event of non-payment for development service invoices, we are obligated to suspend all hosting services provided.

Suspension Policy Conditions:

• Quotes/invoices for development services will be sent prior to the execution of the work. The current price for development services is based on the agreed quote and may change without notice. A deposit is required before work begins, with the balance due upon project completion. If you cancel the project before completion, we reserve the right to keep the deposit as a cancellation fee.
• All invoices must be paid within 7 days of the invoice date.
• Failure to pay invoices within 7 days will result in automatic suspension of hosting services.
• Clients will be notified by email of the suspension of their hosting services due to non-payment.
• In the case of late payment, an interest rate of 10.99% will be added to the invoice. This interest rate may also change without notice.
• Suspension will only be lifted once the invoice has been paid in full, including any applicable late fees.
• If the client makes modifications that damage the service provided by Excellence Hosting, additional fees may be charged to repair the issue. However, Excellence Hosting reserves the right to refuse repair if the service is too severely damaged.

We hope this suspension policy will not affect our relationship with our clients. However, we are obligated to ensure the solvency of our clients in order to continue providing high-quality services to all.

17. Branding Services

These terms and conditions govern your use of our branding services, including all preparatory materials, visuals and sketches, and all electronic files used to create your project. By using our services, you agree to be bound by these terms and conditions.

• Ownership:
  All branding services, materials, visuals, sketches, and electronic files used to create the project remain the property of Excellence Hosting. We grant you a non-exclusive, non-transferable, limited license to use the materials solely for promoting your business or organization. You may not modify, copy, reproduce, distribute, display, or sell any of the materials without our prior written consent.
• Confidentiality:
  We respect your privacy and the confidential nature of your project. We will not disclose any confidential information to third parties without your express written consent, except as required by law. All work and communications related to your project will remain confidential.
• Payment:
  Our fees for branding services will be communicated to you before we begin work on your project. A deposit is required before work begins, with the remaining balance due upon project completion. If you cancel the project before completion, we reserve the right to retain the deposit as a cancellation fee.
• Disclaimer:
  If the client makes modifications that damage the service provided by Excellence Hosting, additional fees may be charged to repair the issue. However, Excellence Hosting reserves the right to refuse repair if the service is too severely damaged.

By using our branding services, you acknowledge that you have read and understood these terms and conditions, and agree to be bound by them.

18. Contact

If you have any questions regarding the Terms or our website, please contact us at admin@exhosting.ca or through the contact section of our website.