Terms of Service
1. Acceptance of Terms
By purchasing services from Tyler Ziegler, you agree to be bound by these Terms of Service. This site and the business are solely owned and operated by Tyler Ziegler. All legal relationships and operations are strictly governed by the jurisdiction of Hartney, Manitoba, Canada.
2. Billing, Payments, and Late Fees
To maintain high-quality service, we strictly enforce the following billing terms:
- ClientExec Platform: All billing, invoicing, and account management are handled through our ClientExec portal. Clients are responsible for maintaining accurate and up-to-date contact and payment information within their client profile.
- Proration & Due Dates: All new subscriptions are prorated to the first of the month upon initial signup. If the next due date (the 1st of the month) is within 10 days of the signup date, you will be charged the prorated amount for the current month plus the full amount for the next month at checkout. Following the initial charge, all recurring billing cycles are strictly due on the 1st of every month.
- Late Fees: We understand oversights happen; however, any payments overdue past the 1st of the month will be subject to a strict, non-negotiable $20 CAD late fee per overdue invoice.
- Suspension: Failure to remit payment (including late fees) may result in account suspension until the balance is cleared. Suspension occurs via automated protocols within ClientExec and Enhance.
3. Limitation of Liability and Disclaimers
"As-Is" Service & Third-Party Software
The website and hosting services are provided on an "as-is" and "as-available" basis. Tyler Ziegler is not liable for any bugs, security vulnerabilities, performance regressions, or downtime caused by third-party software used to provide the service, including but not limited to the Enhance Control Panel, ClientExec, or underlying system software (Linux Kernel, PHP, Web Servers). Furthermore, Tyler Ziegler assumes no liability for damages resulting from cyber attacks, unauthorized access (hacking), Distributed Denial of Service (DDoS) attacks, or any other malicious intrusions that bypass our standard security protocols. We do not warrant that the service will be 100% uninterrupted, secure, or error-free.
Managed Services Liability
For clients on a "Managed" tier, Tyler Ziegler acts as a technical custodian. While we strive for excellence, we are not liable for minor typographical errors in content provided by the client or for brief downtime required for essential systems maintenance and updates.
SEO & Business Performance
Provider makes no guarantees regarding search engine optimization (SEO) rankings, website traffic, lead generation, or financial revenue. The Provider is strictly providing a digital product and hosting infrastructure, and is not liable for the commercial success or failure of the Client's business.
Accessibility Standards
Per the Accessibility for Manitobans Act (AMA), Provider will build custom websites to WCAG 2.1 Level AA standards. The Client is solely responsible for ensuring any personal content they provide (images, PDFs, videos) maintains these compliance standards.
Third-Party Integrations
Provider is not responsible for operational changes, API deprecations, or price increases implemented by external third-party tools (e.g., Stripe, Formspree, Google, Payment Gateways).
Damages Cap
To the maximum extent permitted by Manitoba law, Provider's total liability is strictly limited to the total amount of fees paid by the Client during the three (3) months immediately preceding any claim.
4. Data Privacy, Compliance, and Backups
Privacy Policy & Data Compliance
The Provider operates solely as the technical builder and infrastructure host of the website. The Client is strictly and solely responsible for ensuring their website complies with all local, provincial, federal, and international data privacy laws (including, but not limited to, PIPEDA, GDPR, and CCPA). The Client is entirely responsible for drafting, maintaining, and providing a legally compliant Privacy Policy, Terms of Service, and Cookie Consent mechanism if required by their jurisdiction.
Data Loss and Backups
Data integrity is critical. However, clients are strictly and solely responsible for maintaining up-to-date backups of all their website files, databases, and emails using the tools provided in the Enhance Control Panel. Internal system disaster recovery backups maintained by Tyler Ziegler are for infrastructure recovery ONLY and are not guaranteed for individual client restoration requests. Tyler Ziegler takes no responsibility and assumes no liability for any permanent or temporary loss of data hosted on our infrastructure.
5. Acceptable Use Policy (AUP) and User-Generated Content
Clients are granted full control over their hosted environments, which brings legal responsibilities:
- Safe Harbor: Tyler Ziegler acts strictly as an infrastructure provider. We claim explicit safe harbor protections against liability for any illegal, copyright-infringing, or illicit User-Generated Content hosted by our clients. The client is the sole publisher and legally responsible entity for the materials they host.
- Prohibited Content/Usage: You may not host malware, phishing sites, child exploitation materials, adult content (strictly prohibited), spam networks, illegal cryptocurrency mining, or any material violating Canadian law. Account IPs and activities are logged via the control panel for security audit purposes.
6. Termination and Account Suspension
Tyler Ziegler reserves the right to suspend or permanently terminate your account, without refund, for any of the following reasons:
- Violating the Acceptable Use Policy (AUP) or hosting illegal content.
- Engaging in activities that threaten the stability, security, or performance of our shared infrastructure (e.g., launching DDoS attacks, excessive resource consumption).
- Persistent failure to pay invoices and late fees. Any account with an invoice past due for longer than 30 days is subject to immediate termination, at which point all account data (files, databases, and emails) will be permanently deleted from the active hosting environment.
7. Modifications to the Service and Prices
Prices for our services are subject to change. Notice of pricing changes will be provided at least 30 days prior to your next billing cycle. We reserve the right at any time to modify or discontinue the Service (or any part thereof) with or without notice.
8. Ownership and Intellectual Property
Upon full payment of all initial development and setup fees, Tyler Ziegler hereby transfers all ownership rights, title, and interest in the custom website files and code specifically created for the Client's project to the Client. The Client is the sole owner of their website's content and design, and is free to migrate, host, or modify their website elsewhere at any time without further obligation to the Provider, provided their billing account is in good standing.
By using our services, you acknowledge you have read, understood, and agree to these terms.