Terms of Service
By accessing or using the website located at https://www.graysquare.com/ (the "Website") or any services provided by GraySquare Solutions Inc. ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Website or services.
These Terms constitute a legally binding agreement between you and GraySquare Solutions Inc. Please read them carefully before using our Website or services.
GraySquare Solutions Inc. provides web development and hosting services, including but not limited to:
- Custom Flat File Content Management System: Fully managed websites built on our proprietary CMS platform.
- WordPress Hosting: Self-managed WordPress hosting starting at $10/month, featuring optimized performance and daily backups.
- Managed WordPress Solutions: Comprehensive WordPress management starting at $52.50/month, including updates, security, and maintenance.
- Dedicated Server Management: Linux server management ($20/month) and Windows server management ($50/month).
- Additional Services: SSL certificates, daily backups, professional maintenance, and related web services.
Service availability, features, and pricing are subject to change at our discretion with reasonable notice to existing customers.
To use our services, you must:
a) Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction;
b) Have the legal authority to enter into a binding contract;
c) Not be prohibited from receiving our services under applicable laws;
d) Provide accurate, current, and complete information during registration and maintain the accuracy of such information.
4.1 Account Creation
To access certain services, you must create an account by providing accurate and complete information. You agree to update your information promptly if it changes.
4.2 Account Security
You are responsible for:
a) Maintaining the confidentiality of your account credentials;
b) All activities that occur under your account;
c) Notifying us immediately of any unauthorized access or security breach at support@graysquare.com.
We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.
5.1 Fees and Pricing Tiers
a) Service fees are as stated at the time of purchase, as outlined on our Website, or in a written service agreement or invoice.
b) Our core service tiers typically include (prices may vary by plan details, add-ons, and billing cycle):
- WordPress Hosting: starting at $10/month
- Managed WordPress Solutions: starting at $77.50/month
- Dedicated Server Management: Linux management starting at $20/month and Windows management starting at $50/month
c) Unless otherwise stated, hosting and management services are billed on a recurring basis (e.g., monthly or annually) and will continue until cancelled in accordance with these Terms or your service agreement.
d) All fees are quoted in United States Dollars (USD) unless otherwise specified.
5.2 Billing and Authorization
a) Payment is due in advance on a monthly or annual basis, depending on your selected billing cycle.
b) We accept major credit cards and other payment methods as indicated on our Website. You authorize us to charge your selected payment method for all fees incurred, including recurring charges, applicable taxes, and any approved additional services.
5.3 Late Payments
a) Accounts with overdue payments may be suspended after a grace period of seven (7) days.
b) We reserve the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
5.4 Refunds
Refund requests are handled on a case-by-case basis. Setup fees, domain registration fees, and custom development work are generally non-refundable. Please contact us to discuss your specific situation.
6.1 Your Responsibilities
You agree to:
a) Provide accurate, current, and complete information when requested (including account, billing, and technical contact information) and keep it up to date;
b) Maintain the confidentiality of your account credentials and restrict access to authorized users only;
c) Ensure that your use of the Website and services (including your content, applications, and communications) complies with applicable laws, regulations, and these Terms;
d) Obtain and maintain any rights, licenses, consents, and permissions necessary for your content and your use of third-party software or services;
e) Cooperate with reasonable requests from us to enable us to provide support, troubleshooting, or security-related actions.
6.2 Prohibited / Illegal Use
You agree NOT to use our services to:
a) Violate any applicable local, provincial/state, federal, national, or international law or regulation;
b) Host, transmit, or distribute illegal content, including but not limited to pirated software, child exploitation material, or content that infringes intellectual property rights;
c) Distribute malware, viruses, or other harmful code;
d) Engage in spamming, phishing, or other fraudulent activities;
e) Conduct denial-of-service attacks or other activities that disrupt network services;
f) Mine cryptocurrency without explicit written authorization;
g) Host adult content unless explicitly agreed upon in writing;
h) Resell or redistribute our services without authorization;
i) Attempt to gain unauthorized access to our systems or other users' accounts;
j) Use excessive server resources that negatively impact other customers.
6.3 Consequences of Violation
Violation of this section may result in immediate suspension or termination of services without refund, and we may report illegal activities to appropriate law enforcement authorities.
7.1 Uptime Commitment
We strive to maintain 99.9% uptime for our hosting services. However, this is a goal and not a guarantee.
7.2 Scheduled Maintenance
We may perform scheduled maintenance that temporarily affects service availability. We will provide reasonable advance notice when possible.
7.3 Exclusions
Our uptime commitment does not apply to:
a) Scheduled maintenance windows;
b) Circumstances beyond our reasonable control (force majeure);
c) Issues caused by your actions, content, or third-party services;
d) DNS propagation delays;
e) Issues with your internet service provider.
8.1 Maintenance (Managed Accounts)
a) For managed services (including fully managed websites on our custom flat-file CMS and our Managed WordPress Solutions), we generally include professional maintenance such as applying updates, monitoring, and reasonable troubleshooting as described in your plan or service agreement.
b) Maintenance may require access to your site, server, or third-party accounts (e.g., domain registrar, DNS provider, plugins). You agree to provide necessary access and permissions when reasonably requested.
c) We may perform scheduled maintenance that temporarily affects service availability. We will provide reasonable advance notice when possible.
8.2 SSL
Where included in your plan or service agreement, we will provision and maintain SSL/TLS certificates for your hosted website(s). You acknowledge that SSL coverage and issuance may depend on third-party certificate authorities, domain validation, and proper DNS configuration.
8.3 Backups
a) We perform daily backups for applicable hosting services as described in your service plan.
b) While we take reasonable measures to protect backup data, backups are provided as a convenience and not a guarantee, and restores are not guaranteed to be successful in all circumstances.
c) You are responsible for maintaining your own independent backups of critical data and for verifying that your content and configurations meet your business needs.
8.4 Security
We implement industry-standard security measures to protect your data. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.
9.1 Our Intellectual Property
The Website, our proprietary custom flat-file CMS (including its codebase, templates, components, and related tooling), our hosting infrastructure (including configurations, automation, and monitoring systems), branding, logos, and all related materials are the intellectual property of GraySquare Solutions Inc. and are protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted in writing, no rights are granted to you in our intellectual property.
9.2 Your Intellectual Property
You retain ownership of all content you create, upload, or provide in connection with our services (e.g., text, images, logos, and business materials) (“Client Content”). You represent and warrant that you have all necessary rights to Client Content and that it does not infringe any third party's intellectual property rights.
9.3 License to Us
You grant us a non-exclusive, royalty-free license to host, store, reproduce (as needed for backups and caching), display, and transmit Client Content solely for the purpose of providing and supporting our services.
Our services may integrate with or contain links to third-party services, websites, or content. We do not endorse, control, or assume responsibility for third-party services. Your use of third-party services is governed by their respective terms and policies.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GRAYSQUARE SOLUTIONS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
12.3 Essential Purpose
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless GraySquare Solutions Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
a) Your use of our services;
b) Your content;
c) Your violation of these Terms;
d) Your violation of any third party's rights, including intellectual property rights;
e) Your violation of any applicable law or regulation.
14.1 Term
These Terms remain in effect while you use our services.
14.2 Termination by You
You may terminate your account at any time by contacting us at support@graysquare.com. Prepaid fees are generally non-refundable unless otherwise required by law.
14.3 Termination by Us
We may suspend or terminate your account and access to our services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:
a) Breach of these Terms;
b) Non-payment of fees;
c) Suspected fraudulent or illegal activity;
d) Extended periods of inactivity;
e) Requests by law enforcement.
14.4 Effect of Termination
Upon termination:
a) Your right to access our services ceases immediately;
b) We may delete your data after a reasonable period (typically 30 days);
c) Provisions that by their nature should survive termination shall survive, including Sections 9, 11, 12, 13, and 16.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on our Website at least thirty (30) days before taking effect. Your continued use of our services after such changes constitutes acceptance of the modified Terms.
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
16.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the ADR Institute of Canada, conducted in Toronto, Ontario.
16.3 Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
17.1 Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and GraySquare Solutions Inc.
17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
17.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
17.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.
If you have any questions about these Terms, please contact us:
GraySquare Solutions Inc.
Website: https://www.graysquare.com/
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.