Hosting Terms & Conditions

Effective Date: September 30, 2025

These Hosting Terms & Conditions (“Terms”) apply to all hosting services provided by Fifth & Missing Design Group Inc. (“Provider,” “we,” “us”) to clients (“Client,” “you”). By using our hosting services, you agree to these Terms.

  1. Hosting Environment
    1. Hosting is provided through servers on Amazon Web Services (AWS).
    2. We manage server-level resources only. We do not guarantee or warrant uptime, performance, or availability of any hosted website.
  2. Client Responsibilitiesl
    1. You are solely responsible for maintaining the security, integrity, and content of your website(s), including all applications, plugins, themes, scripts, and data, unless you have an active WordPress Maintenance Services agreement with Fifth and Missing Design Group Inc. In that case, the responsibilities covered under the maintenance agreement will transfer to the Agency for the duration of the service.
    2. You must keep all software up to date and implement industry-standard security practices.
    3. The Provider takes bi-weekly backups of hosted websites as a fail-safe in the event of catastrophic hosting account or server failure. These backups are not guaranteed to be complete or current and are not a substitute for Client-maintained backups. The Client remains solely responsible for maintaining their own independent backups of all website files, databases, and content. Upon request, the Agency can provide a copy of a fail-safe backup for $50 CAD per backup or perform a restoration at the Agency’s standard rate of $125 CAD/hour.
  3. Malware and Security Events
    1. If your website is compromised, infected, or otherwise poses a security risk, we may suspend hosting access without notice.
    2. At your request, we may provide assistance with remediation or malware removal, billed at our standard hourly rate of $125 CAD.
  4. Payment
    1. Hosting fees must be paid in full in advance of each billing cycle.
    2. Failure to pay will result in suspension or termination of services without further notice.
  5. Termination
    1. We reserve the right to terminate or suspend hosting services at any time, without notice, for any reason.
    2. Grounds for termination include, but are not limited to: non-payment, misuse of hosting resources, abusive or defamatory conduct, harassment of our staff, or any activity that, in our sole discretion, creates risk or liability for Fifth & Missing.
    3. Upon termination, access to your website(s) and data will end. It is your responsibility to ensure your website(s) and data are migrated prior to termination.
    4. If hosting is terminated before the end of a prepaid billing cycle, any unused fees will be refunded on a prorated basis.
  6. Limitation of Liability
    Hosting is provided “as is” and “as available.” We disclaim all warranties, express or implied, including but not limited to uptime, fitness for a particular purpose, or non-infringement. Our maximum liability to you shall not exceed the total hosting fees paid in the six (6) months prior to the event giving rise to a claim. In no event shall we be liable for any consequential, indirect, special, incidental, or punitive damages, including lost profits, lost revenue, or business interruption, even if we have been advised of the possibility of such damages. This limitation does not apply to damages caused by our gross negligence or willful misconduct.
  7. Indemnity
    You agree to indemnify, defend, and hold harmless Fifth & Missing Design Group Inc., including its officers, directors, and employees, from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees and court costs) arising from your use of the hosting services, your website content, or your failure to comply with these Terms. This indemnity does not apply to the extent a claim arises from our gross negligence, willful misconduct, or breach of these Terms.
  8. Governing Law
    These Terms are governed by the laws of Ontario and the laws of Canada applicable therein. Any disputes shall be resolved exclusively in the courts of Ontario.