Terms of Service

1. Agreement Structure

Your agreement with Gotekky includes the applicable order form or service order, these Terms of Service, the Acceptable Use Policy, the Privacy Policy, the Service Level Agreement where applicable, and any service-specific addendum or statement of work.

2. Eligibility and Authority

You represent that you are at least the age of majority in your jurisdiction and that you have the legal authority to bind yourself or the organization on whose behalf you place an order.

3. Services

Gotekky may provide shared hosting, reseller hosting, virtual private servers, dedicated servers, managed infrastructure, managed cloud support, migrations, email-related services, and complex hosting solutions such as clustered environments, central storage, and load-balanced deployments.

4. Orders, Provisioning, and Renewals

Services begin after order acceptance and provisioning. Some services are provisioned automatically and others require manual review. Recurring services renew for the billing cycle selected at order time unless cancelled in accordance with this agreement.

5. Fees, Taxes, and Payment

Fees are billed in advance unless otherwise agreed in writing. You are responsible for applicable taxes, including GST, HST, and QST where required. Late or failed payment may result in suspension or termination. Gotekky may charge reasonable reinstatement fees where restoration work is required.

6. Managed and Unmanaged Scope

Unless expressly sold as managed, infrastructure services are provided on an unmanaged basis. Management services include only the items specifically described in your order, statement of work, or published service description. Work outside that scope may require additional fees or a separate agreement.

7. Customer Responsibilities

You are responsible for your content, credentials, account users, software licensing, application configuration, and lawful use of the services. You must maintain current contact and billing information and respond promptly to abuse, security, or operational requests.

8. Backups and Data Protection

Any backup service provided by Gotekky is an operational safeguard, not your sole backup strategy. You remain responsible for maintaining independent copies of critical data and for verifying that your backup and recovery practices meet your business needs.

9. Security and Acceptable Use

You must comply with the Acceptable Use Policy. Gotekky may investigate conduct that threatens the security, integrity, or lawful operation of the services or third-party networks and may suspend affected services where necessary to reduce risk.

10. Suspension

Gotekky may suspend services immediately where reasonably necessary for non-payment, security risk, abuse, legal complaints, phishing, malware, spam, network attacks, or any activity that threatens the platform or third parties. Where practical, Gotekky will provide notice and an opportunity to remedy.

11. Maintenance and Changes

Gotekky may perform scheduled and emergency maintenance, upgrades, migrations, or architecture changes that are reasonably necessary for security, performance, capacity, or continuity of service. Maintenance may affect availability from time to time.

12. Termination and Data Deletion

Either party may terminate recurring services at the end of the current billing term unless otherwise agreed. Gotekky may terminate immediately for material breach, unlawful use, repeated abuse, or non-payment. Following termination, data may be deleted in accordance with operational retention practices unless law or a written agreement requires otherwise.

13. Warranties and SLA

Services are provided on a commercially reasonable basis. Any uptime commitment is governed solely by the Service Level Agreement, where applicable. Except as expressly stated in a written SLA or signed agreement, Gotekky disclaims implied warranties to the maximum extent permitted by law.

14. Limitation of Liability

To the maximum extent permitted by law, Gotekky is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption. For claims other than SLA credits, Gotekky’s aggregate liability for a claim relating to an affected service is limited to the lesser of: (a) the fees paid for that affected service during the 6 months preceding the event giving rise to the claim; or (b) CA$5,000. This limitation does not apply to the extent a limitation is prohibited by applicable law.

15. Indemnity

You agree to indemnify and hold harmless Gotekky and its personnel from claims, losses, liabilities, and costs arising from your content, your use of the services, your breach of this agreement, or your violation of law or third-party rights.

16. Governing Law, Venue, and Language

This agreement is governed by the laws of Quebec and the applicable federal laws of Canada. Any dispute will be submitted to the courts of the judicial district selected by Gotekky where permitted by law. If you are a consumer in Quebec, French-language requirements applicable to consumer contracts will apply, and a French version should be made available where required by law.

17. Contact

Questions about these terms can be directed through the Contact page or the client area ticket desk.