Terms of Service

1. Definitions

1.1 "TransPark," "we," "us," or "our" refers to TransPark Technology Inc., a corporation incorporated under the laws of Canada, with its principal office located at 1910 Haiku Street, Ottawa, Ontario, K2J 6W8, Canada.

1.2 "Client," "you," or "your" refers to any individual or entity that creates an account, purchases services, or otherwise uses TransPark services.

1.3 "Services" refers to all web hosting, domain registration, email hosting, managed services, website management, and any other products or services offered by TransPark through its website at transpark.tech or any related platform.

1.4 "Account" refers to the client profile created upon registration, including all associated services, billing information, and access credentials.

1.5 "Content" refers to any data, files, databases, applications, code, text, images, or other materials uploaded, stored, or transmitted through the Services by the Client.

1.6 "Platform" refers to the proprietary software, systems, interfaces, and infrastructure owned and operated by TransPark to deliver the Services.

1.7 "Effective Date" refers to the date on which you first accept these Terms, whether by creating an account, purchasing a service, or otherwise indicating acceptance.

2. Acceptance of Terms

2.1 By creating an account, purchasing services, or using any TransPark service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, our Acceptable Use Policy, and our Service Level Agreement, all of which are incorporated by reference.

2.2 If you are entering into these Terms on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to that entity.

2.3 If you do not agree to these Terms in their entirety, you must not use the Services. Continued use of the Services after any modification to these Terms constitutes acceptance of the modified Terms.

2.4 These Terms constitute a legally binding agreement between you and TransPark Technology Inc. You acknowledge that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater.

3. Account Registration

3.1 To use the Services, you must create an account by providing accurate, current, and complete registration information. You agree to update this information promptly if it changes.

3.2 You are responsible for maintaining the confidentiality of your account credentials, including your password and any API keys. You are fully responsible for all activities that occur under your account, whether authorized by you or not.

3.3 You must immediately notify TransPark at support@transpark.tech if you become aware of any unauthorized use of your account or any other breach of security.

3.4 TransPark reserves the right to refuse registration, suspend, or terminate any account at its discretion if we reasonably believe the information provided is inaccurate, fraudulent, or violates these Terms.

3.5 Each individual or entity may maintain only one account unless expressly authorized by TransPark in writing. Duplicate accounts created to circumvent limitations or restrictions may be terminated without notice.

4. Description of Services

4.1 TransPark provides web hosting services including but not limited to: shared hosting, managed WordPress hosting, VPS hosting, domain name registration and management, email hosting, SSL certificates, website backups, and managed support services.

4.2 Specific features, resource allocations, and limitations for each service plan are detailed on our website at the time of purchase. These specifications form part of the agreement between you and TransPark for the selected plan.

4.3 TransPark reserves the right to modify, update, or discontinue any service or feature at any time, provided that we give at least thirty (30) days' notice for material changes that negatively affect existing clients. Such notice will be delivered via email to the address on file.

4.4 Services are provided on a best-effort basis within the parameters of the selected plan. TransPark does not guarantee that the Services will meet your specific requirements beyond what is expressly stated in the service description and Service Level Agreement.

5. Service Availability

5.1 TransPark commits to maintaining 99.9% monthly uptime for all hosting services, as detailed in our Service Level Agreement. This commitment is subject to the exclusions defined therein.

5.2 Scheduled maintenance is performed during our designated maintenance window (Tuesdays, 2:00 AM to 4:00 AM Eastern Time) with a minimum of 48 hours advance notice via email. Emergency maintenance may be performed outside this window when necessary to protect the security or stability of the infrastructure.

5.3 TransPark will make commercially reasonable efforts to minimize service interruptions and will communicate any expected outages through our status page and via email notification to affected clients.

6. Client Obligations

6.1 You agree to use the Services in compliance with all applicable Canadian federal, provincial, and municipal laws and regulations, as well as any applicable international laws if your content or services are accessible outside of Canada.

6.2 You are solely responsible for all Content stored on, transmitted through, or made accessible via your account. TransPark does not monitor, review, or endorse client Content and assumes no liability for its legality, accuracy, or appropriateness.

6.3 You agree to comply with our Acceptable Use Policy at all times. Violations of the Acceptable Use Policy constitute a material breach of these Terms.

6.4 You are responsible for maintaining your own backups of Content. While TransPark provides automated backup services as part of certain plans, these backups are provided as a convenience and do not relieve you of your obligation to maintain independent copies of your data.

6.5 You agree to keep your account contact information current and to respond to communications from TransPark regarding your account or services within a reasonable time frame. Failure to maintain current contact information may result in service disruption.

6.6 You agree not to engage in any activity that could damage, disable, overburden, or impair the Services, or interfere with any other party's use of the Services.

7. Payment Terms

7.1 All prices are quoted and billed in Canadian Dollars (CAD) unless otherwise specified. Prices are exclusive of applicable taxes (GST, HST, PST) which will be added to invoices as required by law.

7.2 Payment is due on the invoice date. Invoices are generated automatically based on your billing cycle (monthly or annually). Payment methods accepted include credit cards and debit cards processed through our payment processor, Stripe.

7.3 A grace period of seven (7) days is provided for overdue payments. If payment is not received within seven (7) days of the invoice date, TransPark reserves the right to suspend your services without further notice. Suspended services will be reactivated within four (4) hours of payment receipt.

7.4 Accounts with invoices overdue by more than thirty (30) days may be terminated, and all associated data may be permanently deleted. TransPark will send at least two (2) reminder notices before termination.

7.5 TransPark does not increase renewal prices for existing clients on their current plan. Price changes apply only to new purchases or plan upgrades made after the effective date of the price change.

7.6 You are responsible for ensuring that your payment method on file is valid and has sufficient funds. Failed payment attempts do not extend the grace period.

7.7 Domain registration fees are charged at the time of registration or renewal and are non-refundable once the registration or renewal has been processed with the registry.

8. Refunds and Cancellation

8.1 Annual hosting plans are eligible for a full refund within thirty (30) days of the initial purchase date (the "Money-Back Guarantee"). To request a refund, contact support@transpark.tech within this period. Refunds are processed within ten (10) business days to the original payment method.

8.2 Monthly hosting plans may be cancelled at any time and will remain active until the end of the current billing period. No refunds or pro-rated credits are provided for partial months on monthly billing cycles.

8.3 The Money-Back Guarantee applies only to hosting service fees. It does not apply to domain registration fees, SSL certificate fees, setup fees (if any), or add-on services that have already been provisioned.

8.4 To cancel your account, submit a cancellation request through your client portal or by emailing support@transpark.tech. Cancellation takes effect at the end of the current billing period unless you request immediate termination.

8.5 Upon cancellation, your data will be retained for thirty (30) days to allow for account recovery or data retrieval. After this period, all data associated with the cancelled account will be permanently and irreversibly deleted.

8.6 TransPark reserves the right to issue refunds at its discretion for extenuating circumstances outside of the standard refund policy.

9. Intellectual Property

9.1 Client Content: You retain all ownership rights to Content you upload, store, or transmit through the Services. By using the Services, you grant TransPark a limited, non-exclusive license to host, store, transfer, and display your Content solely for the purpose of providing the Services to you.

9.2 TransPark Platform: The Platform, including all software, code, interfaces, designs, documentation, trademarks, logos, and proprietary technology used to deliver the Services, is and remains the exclusive property of TransPark Technology Inc. Nothing in these Terms grants you any right, title, or interest in the Platform beyond the limited right to use it as part of the Services.

9.3 You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any TransPark software or proprietary systems.

9.4 Feedback: If you provide suggestions, ideas, or feedback regarding the Services, you grant TransPark an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Services without obligation to you.

9.5 Open Source: Certain components of the Services may utilize open-source software. Such software is provided under its respective open-source license terms, which take precedence over these Terms solely with respect to that software.

10. Data Location and Canadian Residency Guarantee

10.1 All client data, including Content, backups, logs, and metadata, is stored exclusively on servers located in Montreal, Quebec, Canada, within the AWS ca-central-1 region.

10.2 TransPark guarantees that no client data will be transferred to, stored in, or processed by servers located outside of Canada. This guarantee applies to all primary data, backups, and disaster recovery copies.

10.3 This Canadian data residency guarantee is a material term of the agreement. If TransPark is unable to maintain this guarantee for any reason, affected clients will be notified immediately and provided the option to terminate their services with a full refund of prepaid fees.

10.4 Our Canadian data residency guarantee ensures compliance with federal and provincial data sovereignty requirements and supports clients subject to regulations that mandate Canadian data storage.

11. Third-Party Services

11.1 The Services integrate with or rely upon certain third-party providers. By using the Services, you acknowledge and agree to the involvement of the following third-party services:

11.2 Stripe: Payment processing is handled by Stripe, Inc. TransPark does not store credit card numbers or sensitive payment data on its servers. Your use of Stripe is subject to Stripe's Terms of Service and Privacy Policy. Stripe is PCI-DSS Level 1 compliant.

11.3 Amazon Web Services (AWS): Our hosting infrastructure operates on AWS within the ca-central-1 (Montreal) region. AWS provides the underlying compute, storage, and network infrastructure. AWS maintains SOC 2 Type II, ISO 27001, and other industry certifications.

11.4 NameSilo: Domain name registration and DNS management services are provided through NameSilo. Domain registrations are subject to NameSilo's terms and the policies of the applicable domain registry (CIRA for .ca domains, ICANN for generic TLDs).

11.5 TransPark maintains Data Processing Agreements (DPAs) with all third-party processors to ensure that your data is handled in accordance with applicable Canadian privacy legislation.

11.6 TransPark is not responsible for the actions, omissions, or failures of third-party service providers, except to the extent that such failures prevent TransPark from fulfilling its obligations under these Terms.

12. Suspension and Termination

12.1 TransPark may suspend your services immediately and without prior notice in the following circumstances: (a) your account has an invoice overdue by more than seven (7) days; (b) your account is being used to host or distribute illegal content; (c) your account poses an active security threat to our infrastructure or other clients; (d) we receive a valid legal order requiring suspension; or (e) your account is in material breach of the Acceptable Use Policy where the violation poses an ongoing risk.

12.2 For non-critical violations of these Terms or the Acceptable Use Policy, TransPark will provide written notice (via email) and a reasonable opportunity to cure the violation (minimum 24 hours) before taking enforcement action.

12.3 TransPark may terminate your account for any of the following reasons: (a) persistent or repeated violations of these Terms after notice; (b) invoices remaining unpaid for more than thirty (30) days; (c) fraudulent activity or misrepresentation; (d) a court order or legal requirement mandating termination; or (e) cessation of TransPark's business operations.

12.4 Upon termination by TransPark for cause, no refund will be provided for prepaid fees. Upon termination by TransPark without cause, a pro-rated refund of prepaid fees will be issued for the unused portion of the current billing period.

12.5 Following termination, data will be retained for thirty (30) days as specified in Section 8.5, after which it will be permanently deleted. TransPark is not obligated to provide data exports after termination if the termination was due to illegal activity or a legal order prohibiting data release.

13. Limitation of Liability

13.1 To the maximum extent permitted by applicable law, TransPark's total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Services, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise), shall not exceed the total fees actually paid by you to TransPark during the three (3) months immediately preceding the event giving rise to the claim.

13.2 In no event shall TransPark be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of revenue, loss of data, loss of business opportunity, loss of goodwill, cost of procurement of substitute services, or any other intangible losses, even if TransPark has been advised of the possibility of such damages.

13.3 TransPark shall not be liable for any damages resulting from: (a) your failure to maintain adequate backups of your Content; (b) unauthorized access to your account due to your failure to secure your credentials; (c) interruptions or failures caused by third-party services; (d) your violation of these Terms or applicable law; or (e) force majeure events as defined in Section 15.

13.4 The limitations set forth in this section shall apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if TransPark has been advised of the possibility of such damage. These limitations shall survive the termination of these Terms.

14. Indemnification

14.1 You agree to indemnify, defend, and hold harmless TransPark Technology Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) your Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your infringement of any third-party rights, including intellectual property rights.

14.2 TransPark will promptly notify you of any claim subject to indemnification and will provide reasonable cooperation in the defense of such claim at your expense. TransPark reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with TransPark's defense.

15. Force Majeure

15.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: natural disasters, acts of government, pandemic or epidemic, war or terrorism, civil unrest, power outages, internet backbone failures, cyberattacks of unprecedented scale, fire, flood, or acts of God.

15.2 The affected party must notify the other party within seventy-two (72) hours of the force majeure event and make commercially reasonable efforts to mitigate its impact and resume performance as soon as practicable.

15.3 If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected services without penalty upon written notice to the other party.

16. DMCA and Copyright Procedure

16.1 TransPark respects intellectual property rights and responds to notices of alleged copyright infringement in accordance with applicable Canadian copyright law and, where applicable, the United States Digital Millennium Copyright Act (DMCA).

16.2 If you believe that your copyrighted work has been copied or made available through our Services in a way that constitutes infringement, please submit a written notice to abuse@transpark.tech containing: (a) identification of the copyrighted work; (b) identification of the material that you claim is infringing and its location on our Services; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

16.3 Upon receipt of a valid notice, TransPark will: (a) remove or disable access to the allegedly infringing material; (b) notify the account holder of the complaint; and (c) provide the account holder an opportunity to submit a counter-notice.

16.4 Repeat infringers: Accounts that receive three (3) or more valid copyright complaints within a twelve (12) month period may be terminated at TransPark's discretion.

17. Dispute Resolution

17.1 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.

17.2 Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, located in Ottawa, Ontario, Canada. You irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue.

17.3 Prior to initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of not less than thirty (30) days following written notice of the dispute.

17.4 Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.

18. Modifications to Terms

18.1 TransPark reserves the right to modify these Terms at any time. Material changes to these Terms will be communicated to you via email to the address associated with your account at least thirty (30) days prior to the effective date of the changes.

18.2 Non-material changes (typographical corrections, formatting, or clarifications that do not alter your rights or obligations) may be made without prior notice.

18.3 Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services and cancel your account before the effective date.

18.4 The most current version of these Terms is always available at transpark.tech/legal/terms.

19. Severability

19.1 If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

19.2 The severed provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent and economic effect of the severed provision.

20. Entire Agreement and Assignment

20.1 These Terms, together with the Privacy Policy, Acceptable Use Policy, Service Level Agreement, and any order forms or service-specific terms, constitute the entire agreement between you and TransPark regarding the Services and supersede all prior agreements, negotiations, representations, and proposals, whether written or oral.

20.2 You may not assign, transfer, or sublicense your rights or obligations under these Terms without the prior written consent of TransPark. TransPark may assign its rights and obligations under these Terms to an affiliate or successor entity without your consent, provided that the assignee agrees to be bound by these Terms.

20.3 No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of that term or any other term. TransPark's failure to enforce any right or provision shall not constitute a waiver of that right or provision.

20.4 The headings used in these Terms are for convenience only and have no legal or contractual significance.

21. Contact Information

21.1 For questions, concerns, or notices regarding these Terms of Service, please contact us at:

TransPark Technology Inc.
1910 Haiku Street
Ottawa, Ontario K2J 6W8
Canada

General Support: support@transpark.tech
Privacy Officer: privacy@transpark.tech
Abuse Reports: abuse@transpark.tech

21.2 All legal notices must be sent in writing to the address above or via email to support@transpark.tech with the subject line "Legal Notice." Notices are deemed received upon confirmed delivery.

This document does not constitute legal advice. Consult a qualified legal professional for guidance specific to your situation.

TransPark Technology Inc. · 1910 Haiku Street, Ottawa, Ontario K2J 6W8, Canada · support@transpark.tech