Last updated on August 18th, 2024

These Terms and Conditions (“Terms”) govern the use of hosting services provided by LevelUp Marketing Solutions Inc. (“Provider”) to the Client (“Client”). By using the services, the Client agrees to these Terms.

1. SERVICES PROVIDED Provider agrees to provide managed WordPress hosting services for the Client’s website (“Website”) under the following terms:

  • Secure and reliable hosting environment.
  • Routine server maintenance and monitoring.
  • Limited plugin updates—only those deemed necessary to address security vulnerabilities.
  • Regular backups to ensure data protection.
  • Standard SSL certificate for secure connections.
  • Technical support for server-related issues.

2. TERM AND TERMINATION

  • Services are provided on a month-to-month or annual basis, depending on the selected plan, unless terminated with a 30-day written notice before the next billing cycle.
  • Cancellations must be submitted in writing, and services remain active until the end of the billing period.
  • Provider may suspend or terminate services immediately for illegal activities, policy violations, or non-payment.

3. PAYMENT TERMS

  • Client agrees to pay a monthly or annual fee per the agreed service plan. Annual plan payments must be made on or before the renewal date.
  • Payments are due on the first day of each billing cycle. Failure to pay within 10 days of the due date may result in suspension.
  • Refunds are available only for annual plans. If canceled, a 70% refund of the remaining balance will be issued, provided the remaining balance exceeds $80.
  • All fees are non-refundable unless otherwise specified.

4. CLIENT RESPONSIBILITIES

  • Client is responsible for content updates, website design changes, and third-party integrations.
  • Client shall not host illegal content, malware, or any copyrighted material without permission.
  • Only essential security-related plugin updates will be performed. Additional updates require a separate request.

5. LIMITATION OF LIABILITY

No Indirect Damages. Except for liability due to willful or criminal misconduct, neither party, including its employees, affiliates, suppliers, or agents, shall be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, revenue, savings, or goodwill, arising out of or related to this agreement.

Liability Cap. Provider’s total liability shall not exceed (i) the total fees paid or owed by the Client in the six (6) months prior to the claim, or (ii) one hundred dollars ($100.00), whichever is greater.

6. DATA BACKUP & SECURITY

  • Provider maintains weekly backups at a minimum, with additional backups available depending on the selected plan.
  • Provider implements security measures but does not guarantee immunity from cyber threats.

7. FORCE MAJEURE Provider is not liable for service failures due to uncontrollable events, including natural disasters, cyberattacks, or government actions.

8. GOVERNING LAW These Terms are governed by the laws of the Province of Ontario, Canada.

9. ENTIRE AGREEMENT These Terms represent the full agreement between Provider and Client, superseding any prior agreements.

10. ACCEPTANCE By using the services, the Client acknowledges having read, understood, and agreed to these Terms.