Terms of Services

Effective Date: [January 22, 2018]
Last Updated: [July 13, 2025]

These Terms of Service (the “Agreement”) are an agreement between WebFoundr Inc. (“WebFoundr,” “we,” “us,” or “our”) and you (“Client,” “User,” “you,” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by WebFoundr and of the WebFoundr.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

PLEASE BE AWARE THAT SECTION 15 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. ADDITIONAL POLICIES AND AGREEMENTS

Use of the Services is also governed by the following policies, which are incorporated by reference into this Agreement. By using the Services, you also agree to the terms of the following policies:

• Privacy Policy
• Acceptable Use Policy
• Anti-Spam Policy
• Data Processing Agreement (where applicable)
• Service Level Agreement (for applicable plans)

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable.

2. ACCOUNT ELIGIBILITY

By registering for or using the Services, you represent and warrant that:

a) You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a breach of this Agreement.

b) If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

c) You will provide accurate, current, and complete information on all registration forms, including an email address that is different from the domain you are signing up under. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. WebFoundr is not responsible for any lapse in the Services due to outdated contact information. Providing false contact information may result in the termination of your account.

d) In certain cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

e) You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other account security information.

3. SERVICES PROVIDED

3.1 Service Categories

WebFoundr provides the following services:

a) Managed Business Hosting

• Enterprise-grade hosting infrastructure
• 99.9% uptime commitment (see Section 5)
• Daily automated backups
• Advanced security monitoring
• SSL certificates
• DDoS protection

b) Web Development Services

• Custom website development
• Web application development
• Mobile application development
• E-commerce solutions
• API development and integrations
• SaaS platform development

c) Search Engine Optimization (SEO)

• Technical SEO audits
• On-page optimization
• Content strategy
• Link building
• Local SEO
• Monthly reporting

d) Digital Marketing Services

• Google Ads management
• Meta (Facebook/Instagram) advertising
• Social media marketing
• Email marketing campaigns
• Content creation
• Landing page development

e) IT Consulting Services

• Technology strategy planning
• Digital transformation consulting
• System architecture design
• Cloud migration planning
• Security assessments

f) Fully Managed Solutions

• All above services bundled
• Dedicated account manager
• Priority 24/7 support
• Monthly strategy sessions
• Proactive monitoring and maintenance

3.2 Service Plans

Essential Plan – Starting at $25/month

• Business hosting with 10GB storage
• 100GB bandwidth
• À la carte service additions available
• Standard support (48-hour response)

Fully Managed Plan – $975/month

• All services included
• Unlimited hosting resources (fair use applies)
• Dedicated account manager
• Priority support (1-hour response for critical issues)
• Monthly strategy sessions

Enterprise Plan – Custom pricing

• Tailored solutions for large organizations
• Custom SLA agreements
• Dedicated resources
• White-label options available

4. TRANSFERS AND MIGRATIONS

4.1 Transfer Services

Our Transfers Team will make reasonable efforts to help you migrate your website to our Services. Transfers are provided as a courtesy service for up to 5 websites/accounts. We must be able to obtain full access to your current hosting environment. We reserve the right to decline or discontinue any transfer at our discretion.

4.2 Transfer Limitations

• Account size shall not exceed 5GB per account
• Additional migrations available at $100 per site
• Complex migrations may incur additional fees
• Free transfer service available for 30 days from signup

4.3 No Transfer Guarantee

We do not guarantee the availability, possibility, or time required to complete an account transfer. In no event shall WebFoundr be held liable for any lost or missing data resulting from a transfer. You are solely responsible for backing up your data before any transfer.

5. SERVICE LEVEL AGREEMENT (SLA)

5.1 Uptime Commitment

• WebFoundr commits to 99.9% uptime for all hosting services
• Measured monthly excluding scheduled maintenance
• Scheduled maintenance requires 48-hour advance notice
• Emergency maintenance exempt from SLA

5.2 Service Credits for Downtime

If uptime falls below our commitment:

• 99.0% – 99.9%: 5% credit of monthly hosting fee
• 95.0% – 99.0%: 10% credit of monthly hosting fee
• 90.0% – 95.0%: 25% credit of monthly hosting fee
• Below 90.0%: 50% credit of monthly hosting fee

Credits must be requested within 30 days of the downtime event.

5.3 SLA Exclusions

The SLA does not apply to:

• Scheduled maintenance
• Force majeure events
• DDoS attacks
• Client-caused issues
• Third-party service failures

6. CONTENT AND INTELLECTUAL PROPERTY

6.1 Client Content

You retain all rights to content you upload or create using our Services (“Client Content”). By using our Services, you grant WebFoundr a limited license to:

• Store, backup, and archive your content
• Display your content as necessary to provide Services
• Create derivative works as required for service delivery

6.2 Prohibited Content

You may not use the Services to store, distribute, or create:

• Illegal content
• Copyrighted material without authorization
• Malware, viruses, or harmful code
• Adult content (without prior approval)
• Content promoting violence or hate
• PHI/HIPAA regulated data (see Section 6.5)

6.3 WebFoundr Property

All WebFoundr tools, software, designs, and methodologies remain our exclusive property. Upon full payment, custom code created specifically for you becomes your property, excluding:

• Third-party components
• WebFoundr frameworks and libraries
• General methodologies and know-how

6.4 Storage Limitations

• No backup storage in /home/ directory
• Accounts over 50GB may incur additional fees
• Inodes limited to 250,000 per account
• Email storage counts toward total quota

6.5 HIPAA Disclaimer

We are not “HIPAA compliant.” The Services are not appropriate for storing protected health information (PHI). Storing PHI is a material breach of this Agreement and grounds for immediate termination without refund.

7. PAYMENT TERMS

7.1 Billing and Payment

• All services billed monthly in advance
• Payment due upon invoice receipt
• Accepted methods: Credit card, ACH, PayPal
• All prices in USD unless specified
• Taxes additional where applicable

7.2 Auto-Renewal

Services automatically renew unless cancelled. You authorize us to charge your payment method on file for all recurring charges.

7.3 Late Payments

• Grace period: 5 days
• Service suspension after 10 days
• Late fee: 1.5% per month
• Reactivation fee: $25
• Data deletion after 30 days (with notice)

7.4 Price Changes

• 60 days notice for price increases
• Immediate effect for new services
• Promotional rates apply to initial term only

7.5 Domain-Specific Terms

• Domains auto-renew 30 days before expiration
• Domain renewals are non-refundable
• Transfer-in requires authorization code
• We are not responsible for expired domains

8. REFUNDS AND CANCELLATIONS

8.1 Money-Back Guarantee

• 30-day money-back guarantee for hosting services only
• Applies to first-time customers only
• Excludes setup fees, domains, and add-on services
• Must request within 30 days of signup

8.2 Refund Exclusions

No refunds for:

• Domain registrations
• SSL certificates
• Custom development work
• Third-party licenses
• Services used beyond 30 days
• Accounts terminated for Terms violations

8.3 Cancellation Process

• Submit cancellation via client portal
• 30 days notice required
• Cancellations effective at end of billing period
• No partial month refunds
• Data available for 30 days post-cancellation

8.4 Refund Method

Refunds issued to original payment method only. Bank transfers and cryptocurrency payments receive account credit only.

9. ACCOUNT SECURITY

9.1 Your Security Responsibilities

• Use strong passwords (minimum 12 characters)
• Secure all account credentials
• Keep CMS and applications updated
• Set appropriate file permissions (755 for directories)
• Monitor for unauthorized access

9.2 Security Audits

We may audit accounts for security vulnerabilities. Accounts with weak security may be suspended until resolved.

9.3 Compromised Accounts

• Immediate suspension of compromised accounts
• Cleanup services available at $150/hour
• Client responsible for all account activity
• We may delete malicious files without notice

9.4 Network Security

• No unauthorized port scanning
• No network attacks or exploits
• Violation results in immediate termination
• Legal action may be pursued

10. RESOURCE USAGE

10.1 Fair Use Policy

“Unlimited” resources subject to fair use:

• CPU: 25% sustained usage
• Memory: 2GB for shared hosting
• Concurrent connections: 50
• Email sends: 500/hour

10.2 Prohibited Uses

Shared hosting may not be used for:

• File storage/sharing services
• Media streaming servers
• Backup storage
• Bitcoin/cryptocurrency mining
• Game servers
• IRC servers/bots

10.3 Resource Violations

Excessive resource usage may result in:

• Automatic resource throttling
• Account suspension
• Upgrade requirements
• Additional fees

11. THIRD-PARTY SERVICES

11.1 Third-Party Integrations

We may integrate third-party services. You agree to comply with their terms of service.

11.2 Third-Party Liability

We are not responsible for:

• Third-party service failures
• Changes to third-party APIs
• Third-party security breaches
• Compatibility issues

11.3 Advertising Platforms

When we manage advertising accounts:

• You retain account ownership
• Ad spend billed separately
• Platform policies apply
• We’re not liable for ad disapprovals

12. WARRANTIES AND DISCLAIMERS

12.1 Limited Warranty

We warrant that Services will be performed in a professional manner and substantially as described.

12.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.3 No Guarantee of Results

We do not guarantee:

• Specific search rankings
• Traffic levels
• Sales or conversions
• Compatibility with all systems
• Uninterrupted service

13. LIMITATION OF LIABILITY

13.1 Liability Cap

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

• Total fees paid in the 12 months preceding the claim, OR
• $5,000 USD

13.2 Excluded Damages

WE ARE NOT LIABLE FOR:

• Indirect or consequential damages
• Lost profits or revenue
• Loss of data
• Business interruption
• Third-party claims

13.3 Essential Purpose

These limitations apply even if remedies fail their essential purpose.

14. INDEMNIFICATION

14.1 Your Indemnification

You agree to indemnify and hold harmless WebFoundr, our affiliates, and our respective officers, directors, employees, and agents from any claims arising from:

• Your use of the Services
• Your Content
• Violation of this Agreement
• Violation of any law or third-party rights
• Your products or services

14.2 Our Indemnification

We will indemnify you against claims that our Services infringe third-party intellectual property rights, except where resulting from:

• Your Content or specifications
• Modifications you make
• Use with other services
• Use after notice to discontinue

15. DISPUTE RESOLUTION

15.1 Informal Resolution

Before formal proceedings, parties agree to attempt resolution through good faith negotiations for 30 days.

15.2 Arbitration Agreement

Any dispute shall be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be:

• Conducted in Ottawa, Ontario, Canada
• In English
• By one arbitrator
• Binding and final

15.3 Class Action Waiver

You waive any right to bring claims as a class or representative action. Claims may only be brought individually.

15.4 Arbitration Opt-Out

You may opt out by notifying us in writing within 30 days of first accepting these terms. Send opt-out notice to:

WebFoundr Inc.
[Address]
Ottawa, Ontario, Canada
Attn: Legal – Arbitration Opt-Out

15.5 Exceptions

Either party may seek injunctive relief in court for:

• Intellectual property violations
• Confidentiality breaches
• Immediate harm prevention

16. GENERAL PROVISIONS

16.1 Governing Law

This Agreement is governed by the laws of Ontario, Canada, without regard to conflict of law principles.

16.2 Entire Agreement

This Agreement, including incorporated policies, constitutes the entire agreement between the parties.

16.3 Modifications

We may modify this Agreement with 30 days notice (60 days for material changes). Continued use constitutes acceptance.

16.4 Severability

If any provision is invalid, the remainder continues in full effect.

16.5 Assignment

You may not assign this Agreement without our written consent. We may assign to successors or affiliates.

16.6 Force Majeure

Neither party is liable for delays due to circumstances beyond reasonable control, including:

• Natural disasters
• War or terrorism
• Internet failures
• Government actions
• Pandemics
• Labor disputes

16.7 Notices

Send legal notices to:

WebFoundr Inc.
[Address]
Ottawa, Ontario, Canada
Email: legal@webfoundr.com

16.8 Relationship

This Agreement does not create a partnership, joint venture, or employment relationship.

16.9 Waiver

No waiver is effective unless in writing. Failure to enforce any provision is not a waiver.

16.10 Survival

The following survive termination:

• Intellectual Property Rights
• Confidentiality
• Limitation of Liability
• Indemnification
• Dispute Resolution
• Payment obligations

17. PROHIBITED PERSONS AND EXPORT CONTROLS

Services may not be used by:

• Persons in sanctioned countries
• Specially Designated Nationals (SDN)
• Persons violating export controls

You represent that you are not subject to such restrictions.

18. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from us. Electronic communications satisfy any legal requirement for writing.

19. SERVICE-SPECIFIC TERMS

19.1 Web Development Projects

• 50% deposit required
• Milestone payments as agreed
• Scope changes require written approval
• 14-day testing period
• 30-day warranty on deliverables

19.2 SEO Services

• No ranking guarantees
• 6-month minimum recommended
• Client must approve content
• Results typically in 3-6 months
• Monthly reporting provided

19.3 Digital Marketing

• Ad spend separate from management fees
• Client retains account access
• 48-hour campaign launch
• Weekly optimization included
• Monthly performance reports

19.4 Hosting Services

• cPanel/WHM access provided
• Root access for VPS only
• Fair use applies to “unlimited”
• Backups retained for 30 days
• Free SSL with all plans

20. DEFINITIONS

• “Agreement” means these Terms of Service
• “Content” means any data, text, images, or other materials
• “Services” means all services provided by WebFoundr
• “Effective Date” means the date you first use our Services
• “Client Content” means content you provide or create

21. QUESTIONS AND CONTACT

For questions about these Terms:

WebFoundr Canada Inc.
Email: legal@webfoundr.com
Phone: [+1 613-794-4763]
Support: support@webfoundr.com
Hours: Monday-Friday, 9 AM – 5 PM EST

For service issues, please use our client portal at https://webfoundr.com/clientarea

BY USING WEBFOUNDR’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last updated: [July 13, 2025]. We recommend reviewing these Terms periodically for changes.