Effective date: August 22, 2025
Applies to:

• H1 Managed WordPress Hosting + 1-Page Site

• H2 Managed WordPress Hosting + 5-Page Site

• H3 Managed WordPress Hosting + 7-Page Site

• H4 Managed WordPress Hosting + 10-Page Site

1) Purpose & Who We Are

These Service Terms (“TOS”) are a contract between you and Markage Inc. (“Markage”, “we”, “us”, “our”). We provide managed WordPress hosting and a packaged website build on top of infrastructure, software, and themes licensed from independent third-party providers. We are an independent contractor and a reseller; we do not operate our own data centres or develop core theme frameworks.

By communicating with us, browsing our sites, or using any Service, you accept these TOS and the then-current versions of our Acceptable Use Policy, Support Policy, Refund & Billing Policy, Privacy Policy, Server Maintenance Policy, and Copyright Notice & Notice Policy (Canada) (collectively, the “Policies”). We may update the Policies; continued use means you agree to the updates.

2) Definitions (plain language)

• Services: all hosting, site build, migration, support, and related features we provide—paid, bundled, discounted, or free.

• Third-Party Services/Licensors: any non-Markage infrastructure, themes, plugins, control panels, email tools, etc.

• End Users: people who use your website or services.

• Business purpose: you buy and use these Services for business, not personal/household, purposes.

3) What You’re Buying (Plans H1–H4)

Every plan includes: managed WordPress hosting, SSL, core CMS setup, a licensed theme from a reputable vendor, configuration of selected plugins, and a site build up to the plan’s page count.

Page count & what counts as a “page”

A “page” is a unique top-level URL rendered by WordPress (e.g., Home, About, Services, Contact). Standard policy/utility pages (Privacy, Terms, 404, Search Results) count toward the total if we design or customize them. Blog posts are excluded from page totals unless expressly included. Complex single-page apps, landing-page variants, and dynamic listing/detail templates may count as multiple pages depending on scope.

Design/build window and updates

• During active development and for 30 days after launch, we include Unlimited Content Updates, Unlimited Images per Page, and Unlimited Website Support to finalize/stabilize your site.

• After that 30-day refinement window, ongoing updates and support continue for the duration of your hosting agreement per plan entitlements and our Support Policy (fair-use applies to prevent abuse).

Exclusions (typical)

Custom software development; custom plugin coding; advanced integrations beyond standard connectors; content writing and photography; compliance audits; marketing/SEO services; paid media management; legal policies; accessibility remediation beyond theme defaults; recovery from client-introduced faults; and anything not expressly stated as included. We’ll quote add-ons if needed.

4) Third-Party Software, Themes, and Licences

We assemble your site using licensed third-party components (themes/plugins/frameworks). Those licensors’ end-user terms apply in addition to these TOS. Key points you agree to:

• Licences remain owned by the licensor and/or Markage. You receive a limited right to use the implemented theme/plugins on the site we build for you.

• You may not resell, redistribute, extract, or share installer packages, licence keys, templates, or design libraries.

• Support and updates for third-party components flow through Markage while your plan is active and in good standing. If you stop using our Services, you may need to purchase your own licences to continue updates/support from the licensors.

• Licensors may change features, availability, or pricing. We’re not liable for changes outside our control.

5) Acceptable Use & Fair Server Use

You must not create excessive or abusive load on CPU, memory, storage, I/O, or support resources. Published capacity figures are maxima. Sustained peak use, abusive traffic, spam, malware, copyright infringement, illegal content, or security violations can trigger throttling, restrictions, suspension, or termination.

6) Backups, Security & Maintenance

Complimentary backups (where provided) are best-effort, may exclude certain files (including some email), and are subject to size/quota limits. Always keep your own independent, off-platform backups. You must keep your WordPress core, theme, and plugins current; failing to update is a common cause of breaches and is your responsibility. We may quarantine or remove malicious files to protect the platform.

7) Access & Control

You receive account credentials appropriate to your plan. No physical server access is provided. Our platform is multi-tenant; other customers share underlying resources.

8) Enrollment, Account Info & Security

You must be 18+ and authorized to bind your organization. Keep contact and billing details current. You’re responsible for all actions under your credentials. Back up before requesting support. You permit us to access your environment for support, security scanning, compliance checks, and to quarantine/modify malicious files.

9) Term, Renewal, Cancellation

Effective Date. Our obligation begins upon receipt of your payment.
Initial Term. Your plan runs for the term shown at checkout.
Automatic Renewal. Plans auto-renew for the same term at the then-current price unless you cancel. We’ll send a renewal reminder to your account email in advance for term-based plans.
How to cancel. Submit our online cancellation form in your customer portal at least one (1) day before the next term starts.
Termination for convenience (you). You may cancel with 15 days’ written notice (portal). Fees for the then-active term remain payable, subject to the Money-Back Guarantee below.
Termination by us. We may suspend or terminate immediately for breach, non-payment, to prevent wider service disruption, or to protect network integrity/security. On termination we may delete data as permitted by law. We are not required to maintain or provide backups for terminated/expired accounts; post-termination recovery, if offered, is a separate paid service and not guaranteed.

10) Money-Back Guarantee (first term)

For your first hosting term only (not renewals), you may cancel within 30 days of the Effective Date for a refund of hosting fees paid to date, less non-refundable pass-through costs (e.g., third-party licences) and less professional services already performed for the “Site” portion (e.g., design/build time, migrations). Third-party initial-purchase/renewal fees are generally non-refundable per their policies.

11) Content & Client Responsibilities

You are solely responsible for your content and for complying with privacy, anti-spam, IP, consumer-protection, and e-commerce laws. You must supply timely content and approvals during the build. If schedules slip due to missing inputs, we may move the project to standby and re-book when ready (fees may apply).

12) Intellectual Property & Data

• Your content remains yours; you grant us, our providers, and processors a limited licence to host, cache, transmit, back up, and display it to deliver the Services.

• Our materials (internal methods, design systems, modules, and production source files) and third-party components remain their owners’ property. You receive a limited, non-transferable right to use the implemented deliverables as part of your site while complying with these TOS and applicable third-party terms.

• No reverse-engineering, sublicensing, key-sharing, scraping of design libraries, or attempts to bypass licence enforcement.

13) Limited Warranty (Services We Control)

We’ll deliver Services in line with prevailing industry standards. To claim a breach, notify us in writing within 30 days, with details. Your exclusive remedy is reperformance or a pro-rated service credit for the affected period. Third-party services are excluded from this warranty.

14) Disclaimers

Except for the limited warranty above, Services are provided “as is” and “as available” without warranties/conditions of any kind (statutory, express, or implied), including merchantability, fitness for a particular purpose, non-infringement, or uninterrupted/error-free operation. Availability, performance, email deliverability, and search rankings are not guaranteed.

15) Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any data loss; indirect, special, consequential, incidental, exemplary, or punitive damages; or lost profits/revenue, lost opportunities, or business interruption.

• Our aggregate liability for all claims in any three (3)-month period will not exceed the fees you paid to us for Services during that period.

• We are not responsible for force-majeure events, scheduled maintenance, ISP/network issues, or issues caused by your breach of these TOS/Policies or by third-party changes outside our control.

16) Indemnification

You will indemnify and defend Markage, our affiliates, personnel, and providers against claims, losses, and expenses (including reasonable legal fees) arising from: (i) your content, sites, or end-user activities; (ii) your breach of these TOS/Policies or third-party terms; or (iii) your misuse of the Services.

We will defend you against third-party IP claims alleging that our proprietary work product (excluding third-party components and your customizations) infringes a Canadian patent, copyright, or trademark, provided you give prompt notice and full control of the defence. We may procure rights, modify/replace the material, or terminate the affected portion and issue a pro-rated refund.

17) Notices

We send notices to the account email you provide; keep it current.
Legal & copyright notices: legal@markage.ca
Mailing address: Markage Inc., Toronto, Ontario, Canada (full address on request).

18) Compliance with Canadian Law (overview)

You must use the Services in compliance with Canadian law, including (as applicable):

• CASL for commercial electronic messages and installing computer programs.

• PIPEDA (and applicable provincial privacy laws) for personal-information handling.

• Canada’s copyright notice-and-notice regime (not U.S. “notice-and-takedown”).

• Canadian export/sanctions controls where applicable.

We may disclose information when required by law (e.g., subpoena, warrant, regulatory request) or to protect our business or others from harm. We may charge reasonable administrative fees for non-routine civil requests.

19) Governing Law; Forum; Limitation Period

These TOS are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts rules. The parties submit to the exclusive jurisdiction of the courts of Ontario, sitting in Toronto, Ontario. Any action must be commenced within one (1) year after the event giving rise to the claim.

20) Assignment; No Waiver; Severability; Survival; Construction

We may assign these TOS; you may not assign without our consent. No waiver is a continuing waiver. If any term is unenforceable, it will be modified to reflect the parties’ intent while the remainder stays effective. Sections 12–16 and 18–20 survive termination. “Including” means “including without limitation.”