Terms of Service

1. Acceptance of Terms

By accessing or using any products or services provided by SilverServers Inc. (“SilverServers”, “we”, “our”, or “us”), including but not limited to web hosting, data centre services, website design and development, custom software development, SEO, social media management, domain registration, SSL certificates, and related services, the customer (“Client”) agrees to be bound by these Terms of Service.

SilverServers reserves the right to modify these Terms at any time. Updated Terms will be published on our website and become effective upon publication. Continued use of our services constitutes acceptance of the revised Terms.

2. Services Provided

SilverServers provides professional technology services, including but not limited to:

• Web hosting and data centre services
• Website design and development
• Custom software and application development
• Search Engine Optimization (SEO)
• Digital marketing and social media management
• Domain registration and management
• SSL certificate provisioning
• Technical consulting and related services

Unless otherwise agreed in writing, all services are provided using commercially reasonable efforts.

3. Acceptable Use Policy

Clients agree not to use SilverServers' services for any unlawful, harmful, or abusive purpose.

SilverServers reserves the right to suspend or terminate any service that violates these Terms.

4. Payment Terms

Unless otherwise agreed in writing:

• Invoices are due within seven (7) days of the invoice date.
• Services may be billed in advance or in accordance with an agreed billing schedule.

Late payments may be subject to:

• A $25.00 monthly Late Payment Fee; and
• Interest of 2% per month (24% per annum) on balances more than thirty (30) days overdue.

SilverServers reserves the right to suspend or restrict any or all services associated with an account if any invoice remains unpaid after its due date. Suspension may occur immediately or after any grace period established by SilverServers.

Suspension of services does not relieve the Client of its obligation to pay all outstanding balances.

5. Suspension and Termination

SilverServers may suspend or terminate services at any time, with or without cause.

Where SilverServers terminates services without cause, any prepaid fees for unused recurring services will be refunded on a prorated basis.

Grounds for immediate suspension or termination include, but are not limited to:

• Overdue accounts
• Breach of these Terms
• Fraudulent activity
• Security risks
• Illegal activity
• Activity that threatens SilverServers' systems or other customers

6. Cancellation

Clients wishing to cancel recurring services must provide written notice prior to the next billing cycle.

Cancellation does not relieve the Client of responsibility for outstanding invoices.

Domain registrations, SSL certificates, licensing fees, and other third-party services are non-refundable once purchased or issued.

7. Website Development & Custom Software

For website, application, and software development projects:

• Project scope will be agreed upon before work begins.
• Requests outside the agreed scope may require additional fees and revised timelines.
• Client delays, including delays in providing content, approvals, or feedback, may extend project schedules.
• SilverServers retains ownership of its proprietary software, development tools, templates, libraries, frameworks, methodologies, and pre-existing intellectual property.
• Ownership of completed deliverables transfers to the Client only after all related invoices have been paid in full.

8. SEO & Digital Marketing

SEO and digital marketing services are provided on a best-effort basis.

SilverServers does not guarantee:

• Search engine rankings
• Website traffic
• Leads
• Sales
• Revenue
• Business growth
• Any specific marketing outcome

Search engine rankings and marketing performance are influenced by numerous third-party factors beyond SilverServers' control.

9. Social Media Management

SilverServers may provide content creation, scheduling, publishing, advertising assistance, and account management for social media platforms.

SilverServers does not guarantee:

• Follower growth
• Engagement
• Reach
• Impressions
• Click-through rates
• Leads
• Sales
• Business results

Social media platforms operate independently and may change their algorithms, policies, or services without notice. SilverServers is not responsible for the actions or policies of third-party platforms.

10. Domains and SSL Certificates

Domain registration and renewal services are subject to the rules and policies of the applicable domain registrar.

SilverServers cannot guarantee the availability or continued registration of any domain name.

Domain registration fees, renewal fees, SSL certificate fees, and other third-party licensing costs are non-refundable once processed.

11. Backups & Data Responsibility

Unless expressly included in a written service agreement, Clients are solely responsible for maintaining backups of their websites, applications, databases, and other data.

While SilverServers may perform backups for certain services, no backup is guaranteed unless specifically contracted.

Clients remain responsible for verifying the integrity and recoverability of their own backups.

12. Security Responsibilities

Clients are responsible for maintaining the confidentiality and security of usernames, passwords, API keys, authentication credentials, and account access.

SilverServers is not responsible for losses resulting from compromised credentials, weak passwords, password sharing, malware on Client devices, or other security practices outside SilverServers' control.

13. Service Availability

SilverServers strives to provide reliable services using commercially reasonable efforts.

Service interruptions may occur due to:

• Scheduled maintenance
• Emergency maintenance
• Hardware failures
• Network failures
• Power outages
• Internet outages
• Third-party provider failures
• Security incidents
• Events beyond SilverServers' reasonable control

Unless expressly stated in a written Service Level Agreement (SLA), uptime is not guaranteed.

14. Limitation of Liability

To the fullest extent permitted by law:

SilverServers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

• Loss of profits
• Loss of revenue
• Loss of business opportunities
• Loss of goodwill
• Loss of data
• Business interruption

SilverServers' total cumulative liability arising from any claim shall not exceed the total fees paid by the Client for the affected services during the twelve (12) months immediately preceding the event giving rise to the claim.

15. Indemnification

The Client agrees to indemnify, defend, and hold harmless SilverServers, its directors, officers, employees, contractors, and agents from any claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising from:

• The Client's use of SilverServers' services
• Content or materials supplied by the Client
• Breach of these Terms
• Violation of applicable laws
• Infringement of third-party intellectual property rights
• Security incidents resulting from the Client's negligence or actions

16. Collection Costs

The Client agrees to pay all reasonable costs incurred in collecting overdue amounts, including but not limited to:

• Collection agency fees
• Legal fees
• Court costs
• Administrative expenses
• Interest permitted by law

17. Invoice Disputes

Any dispute regarding an invoice must be submitted in writing within fifteen (15) days of the invoice date.

Failure to dispute an invoice within this period constitutes acceptance of the invoice.

18. Electronic Communications

The Client agrees that invoices, notices, service announcements, and other communications may be delivered electronically via email or other electronic means.

19. Force Majeure

SilverServers shall not be liable for delays or failures to perform its obligations where such delays or failures result from causes beyond its reasonable control, including but not limited to natural disasters, fire, flood, power failures, labour disputes, acts of government, Internet outages, cyber attacks, pandemics, or failures of third-party service providers.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable laws of Canada.

21. General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Failure by SilverServers to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

These Terms, together with any written service agreements between the parties, constitute the entire agreement relating to the services provided by SilverServers.

Unless otherwise stated, all prices are quoted in Canadian dollars (CAD).