Terms of Service Agreement

Note: These Terms of Service (“TOS”) form the baseline agreement governing the use of Halton Datacenter Inc. (“HDC”) Cloud and Colocation Services as publicly posted on the HDC website. Any separately written and signed agreement between HDC and the Client may supplement or modify these TOS. In the absence of such an agreement, these TOS shall apply in full.

Cloud and Colocation Services

Description of Service By using Halton Datacenter Inc. (“HDC”) services, the Client agrees to receive cloud-based infrastructure, hosting, colocation, and related services as described in the applicable service description. Services are provided “as-is” and “as available,” with no guarantees of uninterrupted or error-free operation. Any additional services may be specified in a separate written agreement.

Non-Payment and Termination If the Client fails to make payment within 15 days of the due date, HDC reserves the right to suspend or terminate the service without further obligation or liability. The Client acknowledges that termination due to non-payment does not absolve them of any outstanding balance owed to HDC. In the case of colocation services, if the Client fails to pay all outstanding balances within 30 days of service termination, HDC reserves the right to liquidate the Client’s equipment to recover outstanding amounts due. The Client acknowledges that any remaining balance after liquidation will still be owed to HDC. HDC is not liable for any loss of data stored on the Client’s equipment.

Refund Policy All sales are final. Refunds are not provided except as required by law or explicitly stated in a written agreement. Any prepaid amounts are non-refundable unless HDC terminates services without cause before the agreed-upon term.

Cancellation Policy The Client may cancel services with a minimum of 30 days’ written notice for Cloud Services and 90 days’ written notice for Colocation Services. If canceled before the end of a billing cycle, no partial refunds or credits will be issued. HDC reserves the right to suspend or terminate services for non-payment, security breaches, or policy violations.

Access and Security Clients are responsible for securing their own equipment and must comply with HDC’s security policies. HDC is not responsible for unauthorized access, theft, or damage to Client equipment.

Insurance Requirement (For Colocation Services) Clients must maintain at their expense a Comprehensive General Liability Insurance policy with a minimum coverage of $1,000,000 (one million dollars) per occurrence for bodily injury or property damage. HDC must be named as an additional insured party. Clients must provide proof of insurance upon request and maintain continuous coverage for the duration of the colocation service.

Force Majeure HDC shall not be liable for service interruptions, delays, or failures due to causes beyond its control, including but not limited to natural disasters, cyberattacks, labor disputes, or government actions. In such cases, HDC will make reasonable efforts to restore services promptly.

Limitation of Liability HDC’s total liability for any claim related to services shall not exceed the amount paid by the Client for the affected service within the last two months. HDC is not responsible for indirect, incidental, or consequential damages, including loss of profits, data, or business. HDC is not liable for any loss of data under any circumstances.

No Guarantee HDC provides services but does not guarantee specific outcomes, including but not limited to performance, security, or data protection. The Client assumes all risks related to service suitability and compliance with regulatory requirements.

Acceptable Use Policy (Applies to All Services)

Clients may not use HDC services for illegal, abusive, or unauthorized purposes, including but not limited to:

Cyberattacks, unauthorized data access, spam, or fraudulent activities.
Distribution of malware, viruses, or phishing attempts.
Hosting, distributing, or transmitting material that violates intellectual property rights.
Engaging in denial-of-service attacks or network disruptions.
Sending unsolicited bulk emails (spam) or facilitating spam-related services.
Any activity that may result in legal liability or reputational harm to HDC.

Violations of this policy may result in immediate service termination without refund and potential legal action.

By using HDC services, the Client acknowledges and agrees to these terms. This agreement is governed by the laws of Ontario, Canada.