Terms of Use
1. About these Terms
These Terms of Use (the “Terms”) govern your access to and use of exhibitamedia.ca and the design, development, hosting, search-engine-optimization (“SEO”), content, social-media, and maintenance services offered through it (together, the “Services”).
The Services are provided by Alfano Technologies Inc., operating as Exhibit A Media, an Ontario corporation (Ontario Corp. No. 1001611474), with its business address at 1437 King Street East, Hamilton, Ontario L8M 1H7 (“we,” “us,” or “our”). By using this website or engaging our Services you agree to be bound by these Terms.
2. Eligibility
You must be at least the age of majority in your jurisdiction (18 in Ontario) to use the Services. By using them you represent that you meet this requirement and that any information you provide is accurate.
3. Our Services
We provide custom website design and development and related ongoing services, which may include some or all of: hosting and deployment, domain registration and configuration, SEO, content and blog writing, social-media posting and management, reputation monitoring, analytics, and general maintenance and support. The specific Services provided to you are those described in your proposal, order, or written agreement with us.
4. Engagement and separate agreements
These Terms govern general use of the website and our Services. Any specific project is also governed by a separate proposal, statement of work, order, or written agreement (a “Service Agreement”). Where a Service Agreement conflicts with these Terms on a project-specific matter, the Service Agreement controls.
5. Fees and payment
- Build fee. Website design and development is charged as a one-time build fee, quoted before work begins.
- Monthly maintenance. Ongoing services — such as hosting, SEO, content, social-media posting, updates, and support — are provided under a recurring monthly plan.
- Fees are quoted and payable in Canadian dollars and are exclusive of applicable taxes (including HST), which will be added where required.
- The build fee is due as set out in your Service Agreement; monthly fees are billed in advance and recur until cancelled.
- Fees already paid are non-refundable except where required by law or expressly stated in your Service Agreement. Work that has commenced is chargeable even if the project is later cancelled.
- We may suspend Services (including taking a site offline) for accounts that remain unpaid after reasonable notice.
6. Your responsibilities
To deliver the Services we rely on your timely cooperation. You agree to provide the content, materials, images, and access we reasonably need, to review and approve work promptly, and to ensure that any materials you supply are accurate and that you hold all necessary rights and licences to them. Delays in providing materials or approvals may affect timelines.
7. Third-party services
The Services rely on third parties — including hosting providers, domain registrars, payment processors (such as Stripe), analytics providers, search engines, and social-media platforms. Your use of those services is subject to their own terms, and we are not responsible for their acts, omissions, outages, or policy changes.
8. SEO and results disclaimer
SEO and marketing results depend on factors outside our control, including search-engine algorithms, competition, and market conditions. We do not guarantee any specific ranking, position, traffic level, lead volume, or revenue. We provide professional, good-faith effort using accepted practices; search engines independently control how sites are ranked and may change their criteria at any time. SEO results typically build over time rather than immediately.
9. Intellectual property and ownership
Upon full payment of the applicable fees, you own the final website deliverables and the content you provide. We retain ownership of our pre-existing tools, frameworks, code libraries, techniques, and know-how. Third-party and open-source components remain owned by their respective rights holders and subject to their licences. Your Service Agreement sets out the rights needed to use the delivered website. Unless you ask us in writing not to, we may reference and display your project in our portfolio and marketing.
10. Revisions and scope
Reasonable revisions are included as described in your Service Agreement. Work materially beyond the agreed scope may be quoted and billed separately before we proceed.
11. Cancellation and termination
You may cancel the monthly plan at any time in accordance with your Service Agreement; cancellation stops future monthly billing and may end associated ongoing Services (including hosting). Hosting payments, including prepaid annual hosting and unused hosting periods, are non-refundable except where required by law. We may suspend or terminate Services for non-payment, breach of these Terms, or unlawful use. On termination, any outstanding fees remain payable. Clients can obtain a downloadable ZIP archive of their website code, subject to the ownership and licence terms above. Contact us to arrange access to the archive. Hands-on transfer or migration assistance is separate and follows your Service Agreement.
12. Acceptable use
You agree to use the website and Services only for lawful purposes and not to interfere with, disrupt, or attempt to gain unauthorized access to the Services or their underlying systems.
13. Disclaimer of warranties
Except as expressly stated in a Service Agreement, the website and Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.
14. Limitation of liability
To the maximum extent permitted by law, Alfano Technologies Inc. and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from or related to your use of the website or Services. Our total aggregate liability for direct damages shall not exceed the amount you paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim.
15. Indemnification
You agree to indemnify and hold harmless Alfano Technologies Inc. from any claim, demand, loss, or damages (including reasonable legal fees) arising out of the content or materials you provide, your use of the Services, or your violation of these Terms or applicable law.
16. Confidentiality
Each party agrees to keep confidential the non-public business information the other shares in the course of the engagement and to use it only for the purpose of providing or receiving the Services.
17. Privacy
Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms.
18. No legal advice
Nothing on this website constitutes legal advice, and using it does not create a solicitor-client relationship. For legal matters, consult a licensed lawyer or paralegal.
19. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date above shows when they were last revised, and continued use of the website or Services after changes take effect constitutes acceptance of the revised Terms.
20. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, and the courts of Ontario have exclusive jurisdiction over any dispute, subject to any mandatory consumer-protection rights you may have.
21. Contact
Alfano Technologies Inc., 1437 King Street East, Hamilton, Ontario L8M 1H7. Email frank@exhibitamedia.ca or use our contact form.