Terms of Service
(A Trade Name of Kangal Software Inc.)
Effective Date: March 17, 2025
These Terms of Service (“Agreement” or “TOS”) govern the provision of services by Simcoe Digital Inc. (“Simcoe Digital,” “we,” “us,” or “our”), a trade name of Kangal Software Inc., to you (“Customer” or “Client”). By using or purchasing our services (including but not limited to website hosting, domain registration, or website development), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
1. Introduction
1.1 Legal Entity:
Simcoe Digital Inc. is a brand/operating name of Kangal Software Inc., an entity duly incorporated under the laws of Ontario, Canada. All references to “Simcoe Digital” in these TOS imply Kangal Software Inc. as the legally responsible party.
1.2 Acceptance:
By signing a proposal, estimate, or placing an online order with Simcoe Digital, you confirm your acceptance of these Terms of Service.
2. Service Scope & Customer Obligations
2.1 Service Provision:
Simcoe Digital may offer a variety of services including (but not limited to) website hosting, domain registration, website development, digital marketing, and other web-related solutions.
2.2 Accurate Information:
You agree to provide current and correct billing and contact information. Any changes should be promptly communicated to Simcoe Digital to avoid service interruptions.
2.3 Proposals & Estimates:
Your approval of our proposal or estimate (in writing, electronically, or by placing an order) confirms you agree to the service scope and costs outlined therein, subject to these TOS.
3. Hosting & Domain Services
3.1 Third-Party Providers:
Hosting and domain services may be provided via third parties (e.g., AWS, domain registrars). Simcoe Digital is not liable for downtime or performance issues caused by external providers.
3.2 Payment Terms:
Hosting and domain fees are invoiced according to your service plan. Unpaid balances may lead to suspension or cancellation of hosting. If a “free hosting” period is offered in your contract, normal billing will commence after that term expires.
3.3 Cancellations & Refunds:
- Notice: You may cancel hosting services by providing at least 30 days’ written notice (email or postal).
- Refund: No refunds are provided for unused portions of pre-paid hosting, unless explicitly stated in your contract.
4. Website Development & Payment Terms
4.1 Down Payment:
A 50% deposit on website development is standard and becomes non-refundable once project activities begin (covering scheduling, initial designs, etc.).
4.2 Milestones & Final Payment:
Any remaining payments are tied to milestones or final project delivery, per your signed proposal. If your site is hosted elsewhere, all fees must be paid in full prior to launch or transferring ownership.
4.3 Late Payments:
Invoices are due upon receipt unless otherwise stated. Accounts unpaid after 15 days may be considered in default, and Simcoe Digital may pause work or withhold deliverables.
5. General Payment Policies
5.1 Invoices & Default:
Failure to pay invoices within 15 days of the due date can result in service interruption. We reserve the right to apply a late fee or interest (e.g., 1.5% per month) and seek legal or collection remedies as needed.
6. Content Responsibilities
6.1 Client Content:
You are responsible for all text, images, or files you upload or provide to Simcoe Digital’s servers. We do not control or monitor such content and are not liable for its legality or accuracy.
6.2 Backup & Recovery:
Simcoe Digital does not guarantee data backups. We recommend you maintain your own backups. If data recovery services are requested, additional fees may apply.
7. Acceptable Use & Content Guidelines
7.1 Legal Compliance:
All content and activities on our servers or services must comply with applicable laws (Canadian Federal, Provincial, US Federal, State, or similar). Storing or transmitting copyrighted, obscene, or illegal material is prohibited.
7.2 Prohibited Content:
Material depicting hate speech, harassment, pornographic content, or facilitating software piracy is not allowed. Simcoe Digital may immediately terminate services if such content is hosted.
7.3 Spam & UCE:
Using Simcoe Digital’s services to send spam or unsolicited commercial email is forbidden. Violations may result in immediate account termination and potential legal action.
8. Service Interruptions & Liability
8.1 Service Interruptions:
We strive for high uptime but are not liable for downtime caused by issues beyond our control (e.g., data center outages, natural disasters, or third-party failures).
8.2 Limit of Liability:
In no event shall Simcoe Digital (Kangal Software Inc.) be liable for direct, indirect, incidental, or consequential damages arising from the use or inability to use our services.
8.3 Indemnification:
You agree to defend, indemnify, and hold Simcoe Digital harmless from claims or damages resulting from your misuse of our services or violation of these TOS.
9. Project Scope & Timeline
9.1 Scope Adherence:
All services are performed according to our signed proposal. Changes beyond the agreed scope may require a new estimate or be billed at our prevailing hourly rate.
9.2 Client Delays:
Delays in providing requested materials (e.g., text, images, approvals) may result in project timeline extensions and potential additional costs if they disrupt workflow.
9.3 Completion & Launch:
A website project is considered complete when the agreed deliverables are fulfilled and final approval is received. If you fail to launch within one week of completion, additional hosting or maintenance charges may apply.
10. Administrative Access
10.1 Security Measures:
For security reasons, we may restrict full administrative server access on our hosting environments. Requested access beyond standard user privileges may be granted at Simcoe Digital’s discretion.
10.2 Malware & Hacking Risks:
If you choose to install plugins or software without our approval, you do so at your own risk. We are not responsible for vulnerabilities introduced through unauthorized installations.
11. Website Copyright & Ownership
11.1 Transfer of Rights:
Copyright for the completed website transfers to you only after full payment is received. Prior to final payment, all work remains the property of Simcoe Digital.
11.2 Backup Upon Cancellation:
If you cancel services, you may request a backup of your site files (if hosting is with us). Additional fees may apply for backup generation and transfer.
12. Termination & Cancellation Policy
12.1 Customer Cancellation:
A 30-day written notice is required to cancel recurring services (e.g., hosting). The customer remains responsible for any accrued charges up to the cancellation date.
12.2 Simcoe Digital Right to Terminate:
We may discontinue service if you violate these TOS or fail to pay outstanding fees. No refunds are provided for unused service terms unless specified in your agreement.
12.3 Data & Account Removal:
Upon cancellation or termination, we may delete all data from our servers. You must request backups prior to cancellation if you need them.
13. Governing Law & Dispute Resolution
13.1 Jurisdiction:
These TOS are governed by the laws of the Province of Ontario and any applicable federal laws of Canada.
13.2 Legal Action:
Claims or legal action must be initiated within one year after the cause arises. We reserve the right to discontinue service for TOS violations without prior notice.
13.3 Mediation & Arbitration:
All disputes, claims, or controversies arising from these TOS shall first be referred to mediation before any legal or arbitration proceedings, unless otherwise agreed.
14. Modifications & Updates
14.1 Changes to TOS:
Simcoe Digital reserves the right to modify or update these TOS. Material changes will be posted on our website or communicated via email, and continued use of our services indicates acceptance of the revised terms.
14.2 No Waiver:
Our failure to enforce any provision of these TOS does not waive the right to enforce it in the future.
15. Entire Agreement
15.1 Integration:
These TOS, along with any signed proposals, estimates, or statements of work, represent the entire agreement between you and Simcoe Digital (Kangal Software Inc.) concerning the services rendered.
15.2 Severability:
If any clause in these TOS is deemed unenforceable, the remaining provisions shall remain in effect.