Terms of service

Terms of Service (Canada)

Effective date: August 22, 2025

1) Who we are & how these Terms work

These Terms of Service (“TOS”) are a contract between you and Markage Inc. (“Markage”, “we”, “us”). We provide digital services and products including website design, managed WordPress services, design subscriptions, advertising support, analytics tooling, templates/themes, and physical merchandise. Many services are delivered using independently-operated infrastructure, software, or themes licensed from third parties. We are an independent contractor and, where applicable, a reseller/integrator—we do not operate data centres nor develop third-party core frameworks.

By using our site or services, you accept these TOS and our Policies (together, the “Policies”): Acceptable Use Policy, Support Policy, Refund & Billing Policy, Privacy Policy, Server Maintenance Policy, Copyright Notice & Notice Policy (Canada), and any product-specific terms referenced below. We may update the Policies; continued use means you agree to the updates.

Order of precedence. If a product-specific policy (e.g., “WordPress Hosting” or “Hosting + Site”) conflicts with this TOS, the product-specific policy governs for that product.

2) Definitions (plain language)

  • Services: any design, build, hosting-related, integration, support, advisory, advertising, analytics, or training we provide—paid, bundled, discounted, or free.

  • Products: tangible goods (e.g., merch) and digital goods (e.g., templates, themes, downloads).

  • Third-Party Services/Licensors: non-Markage infrastructure, software, plugins, control panels, email tools, analytics, or themes.

  • End Users: people who use your website, app, or content.

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

3) Accounts, enrollment & customer responsibilities

You must be 18+ and authorized to bind your organization. Provide accurate, current billing and contact details and keep them updated. You’re responsible for all actions under your credentials. Back up your data before requesting support. You permit us to access your environment for support, security scanning, and compliance checks, and to quarantine or modify malicious files if needed.

4) Orders, quotes & project inputs

Orders are accepted when we charge your payment method or issue an order confirmation. Quotes and timelines assume you will provide timely materials/approvals. If schedules slip due to missing inputs, we may place the project on standby and re-book when ready (fees may apply).

5) Pricing, taxes, billing & late payment

Prices are shown in CAD unless noted. Applicable taxes (e.g., GST/HST/PST/QST) are extra. Subscription charges recur automatically until cancelled per Section 10. Invoices are due on receipt unless stated otherwise. Overdue amounts may be suspended and may accrue a reasonable late fee or interest permitted by law. Chargebacks on valid charges may lead to suspension until resolved.

6) Subscriptions, renewals & cancellations

Subscriptions auto-renew for the same term at the then-current price unless you cancel. We’ll email a renewal reminder in advance for term-based plans. To cancel, submit our online cancellation form in your customer portal at least one (1) day before the next term starts. Some products include a first-term money-back window—see Section 12 and the Refund & Billing Policy.

7) Deliverables scope & changes

Each product page states what’s included. Examples of exclusions: custom software or plugin development; advanced third-party integrations; content writing/photography; compliance audits; paid ad spend; legal policies; accessibility remediation beyond theme defaults; recovery from client-introduced faults. We’ll quote add-ons on request.

8) Third-party software, themes & licences

We assemble solutions using licensed third-party components. Their end-user terms apply in addition to these TOS. Key points:

  • Licences remain owned by the licensor or Markage. You receive a limited right to use implemented components on your site as delivered.

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

  • Updates/support for third-party components flow through Markage while your plan is active and paid. If you leave our Services, you may need your own licences for ongoing updates/support.

  • Third-party features may change; we are not liable for vendor changes outside our control.

9) Acceptable use & fair server use (applies to any hosted elements)

Do not create abusive or excessive load on CPU, memory, storage, I/O, bandwidth, or support resources. No malware, spam, illegal content, or rights violations. We may throttle, restrict, suspend, or terminate to protect platform stability.

10) Access & control

We provide credentials appropriate to your plan. No physical server access is provided. Underlying resources are multi-tenant and shared with other customers.

11) Data backups, security & maintenance

Complimentary backups (where provided) are best-effort, may exclude certain files, and are subject to quota limits. Maintain independent, off-platform backups. Keep WordPress/core/theme/plugins current. We may quarantine or remove malicious files to protect the platform.

12) Refunds & money-back windows (summary)

  • Hosting/Hosting + Site: first-term 30-day money-back on hosting fees (not renewals), less non-refundable pass-through costs (e.g., third-party licences) and less services already performed for the “Site” portion (e.g., design/build time).

  • Digital downloads/templates: non-refundable once delivered/accessed, except where required by law.

  • Physical merchandise: follow the Refund & Billing Policy for return windows and condition requirements.

  • Where third-party licensees set non-refundable rules, those terms apply.

(See the site’s Refund & Billing Policy for full details.)

13) Advertising & analytics services (Google Ads, Meta Ads, GMB, Analytics Kit)

  • Ad spend is billed by the platforms to your accounts; you authorize us to manage campaigns within your stated budgets.

  • Results cannot be guaranteed. Platform policies, outages, auctions, or enforcement actions are outside our control.

  • You are responsible for claims made in your ads and for complying with sector-specific rules.

  • For Analytics, you grant us access to implement tags and settings; you remain the controller of your data.

14) Gift cards

Gift cards issued for a dollar amount do not expire and generally carry no fees, subject to provincial rules and exceptions (e.g., specific service vouchers, charitable/promotional cards, or mall cards). See official guidance for Ontario and federal consumer resources. OntarioCanada.ca

15) Intellectual property & licences to us

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

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

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

16) Privacy, email marketing & lawful use (Canada)

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

  • PIPEDA and applicable provincial private-sector privacy laws for handling personal information (e.g., Quebec’s private-sector law as amended by Law 25). Follow the 10 fair-information principles. Privacy Commissioner of Canada+1

  • CASL for commercial electronic messages and installing computer programs. Obtain valid consent, include required sender info, and enable unsubscribe. CRTCISED Canada

  • Copyright “notice-and-notice” regime (not U.S. “notice-and-takedown”). See our Copyright Notice & Notice Policy. ISED Canada

  • Canadian export/sanctions controls where applicable to software/technology transfers. Global Affairs Canada+1

  • For Quebec privacy duties (Law 25), see statutory obligations (governance policies, PIA triggers, breach notification to CAI and affected individuals). Légis Québec

Our Privacy Policy explains purposes, lawful bases/consent, retention, safeguards, and access/correction rights.

17) Testimonials & portfolio

If you provide a testimonial, you allow us to use, edit for length/clarity, and publish it (with your first name, last initial, and province). You may withdraw consent by emailing legal@markage.ca; we’ll stop future uses after processing. Unless you opt out in writing, we may show non-confidential work in our portfolio.

18) Warranties (limited)

We will perform Services we directly control with reasonable skill and care consistent with 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.

19) Disclaimers

Except for the limited warranty above, Services and Products 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, uninterrupted or error-free operation, email deliverability, rankings, or specific business outcomes.

20) 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/platform issues, or issues caused by your breach of these TOS/Policies or by third-party changes outside our control.

21) 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, ads, 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, if 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.

22) Suspension & termination

We may suspend or terminate immediately, without notice, 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.

23) 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).

24) 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.

25) Assignment; no waiver; severability; survival; interpretation

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, 15–22 and 24–25 survive termination. “Including” means “including without limitation.”

Product-specific addenda (summaries; link these from each product page)

A) WordPress Hosting (Standard Hosting plans)

Use with our published WordPress Hosting — Service Terms (Canada) for resource limits, backups, refinement window, and money-back. Those terms control for hosting-only plans.

B) WordPress Hosting + Site (H1–H4)

Use with our WordPress Hosting + Site — Service Terms (Canada) for page counts, what constitutes a “page,” refinement window, third-party licences, and money-back specifics. Those terms control for H1–H4.

C) Design Subscriptions (e.g., Express/Plus/Premium Design)

Unlimited tasks within a fair-use queue and the active subscription period; single request active at a time unless the plan states otherwise; excludes source-file ownership beyond implemented deliverables unless expressly included; commercial fonts, stock, and plugins are pass-through costs unless your plan states they’re included.

D) One-time Website Projects (A1–A5)

Scope is defined in the product description and proposal. Two (2) rounds of revision unless otherwise stated. Migration, DNS, or ecommerce setup billed if out of scope. Launch requires full payment unless milestone terms apply.

E) Performance Support & Ads Support (T1–T4, GMB, Ecommerce Support)

Implementation help and advisory only unless otherwise stated. Platform ad spend is billed by the platforms to your accounts; you authorize access and management. No guarantee of results due to platform and market factors.

F) Templates, Themes & Digital Downloads (including marketplace items)

Licence is limited, non-transferable, and tied to the purchaser. No redistribution or resale. No refunds once access is delivered, except where required by law.

G) Merchandise (physical goods)

Shipped per the store’s shipping/returns info. Risk of loss transfers on delivery to the carrier. Inspect on arrival and contact us within the posted window for issues.

Compliance references (for your records)