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PCS

Terms of Service

The terms that govern our website, your account, and the services we provide.

Effective Date: June 13, 2026

1. Introduction & Acceptance

These Terms of Service (the “Terms”) govern your use of the website and client portal at photoncybersolutions.com (the “Site”) and the services provided by Photon Cyber Solutions (“PCS,” “we,” “us,” or “our”), a business based in Ontario, Canada. By using the Site, creating an account, or purchasing any service, you agree to these Terms.

These Terms include general terms that apply to everyone, plus service-specific terms for Hosting & Subscription Services, Web Development, and 3D Printing & Fabrication. Where you have signed a separate quote, statement of work, or order form, that document governs the specifics of your project and these Terms fill in everything it does not address. If there is a direct conflict, your signed quote or order controls for that project.

2. Eligibility & Accounts

  • You must be at least 18 years old and able to enter into a binding contract to use our services.
  • You agree to provide accurate, current information and to keep your account details up to date.
  • You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately of any unauthorized use.
  • We may suspend or close accounts that violate these Terms, are used unlawfully, or are created with false information.

3. Our Services

PCS provides web hosting and related subscription services (including our AI receptionist, business applications, and support plans), custom web development, and 3D printing & fabrication. General terms below apply to all of these; the service-specific sections that follow set out the terms unique to each.

4. Quotes, Orders & Payment

  • Quotes are valid for 30 days unless stated otherwise and may be revised if the scope or requirements change.
  • All prices are in Canadian dollars (CAD) and exclude applicable taxes (such as HST), which will be added where required.
  • Payments are processed by our payment provider, Stripe. For subscription services, you authorize us to charge your payment method on a recurring basis until you cancel.
  • If a payment fails or is overdue, we may suspend the affected services after notice until the balance is paid.

5. Your Responsibilities

  • Provide the content, materials, access, and approvals we need to deliver your services, in a timely manner.
  • Ensure that anything you provide to us, or ask us to host, build, or fabricate, is lawful and does not infringe anyone else’s rights.
  • Comply with all applicable laws and with any acceptable-use requirements set out below.

6. Intellectual Property

We retain ownership of our own pre-existing tools, frameworks, templates, and reusable components, as well as the Site itself and the PCS name and branding. You retain ownership of the content and materials you provide to us. Ownership of project deliverables is addressed in the service-specific sections below.

7. Confidentiality

Each party agrees to protect the other’s non-public business information disclosed in the course of providing or receiving services, and to use it only as needed to perform under these Terms, except where disclosure is required by law.

8. Disclaimers & Limitation of Liability

Our services are provided on an “as is” and “as available” basis. Other than the uptime commitment described in the Hosting & Subscription Services section, we do not guarantee any specific result, ranking, performance, or uninterrupted availability.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Site or our services is limited to the amount you paid us for the specific service in the 12 months before the claim arose. We are not liable for indirect, incidental, or consequential damages, including lost profits or lost data.

Nothing in these Terms limits rights that cannot be excluded under the Ontario Consumer Protection Act, 2002 or other applicable law. Where such legislation applies and cannot be excluded, these Terms are read subject to it.

9. Indemnity

Except where prohibited by law, you agree to indemnify and hold harmless PCS and its owners, employees, and contractors from any claims, losses, damages, and expenses (including reasonable legal fees) arising out of your content, your use of our services, or your violation of these Terms or of any third party’s rights.

10. Hosting & Subscription Services

This section applies to web hosting and to our other recurring services (AI receptionist, business applications, and support plans).

Billing & Renewal

  • Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected) and automatically renew at the end of each period until cancelled.
  • Where a free trial is offered, it automatically converts to a paid subscription at the end of the trial unless you cancel before the trial ends.

Cancellation

You may cancel a subscription at any time through your account or by contacting us. Cancellation takes effect at the end of your current paid period — your service remains active until then, and fees already paid for the current period are non-refundable. After cancellation, we will keep your data available for export for 30 days, after which it may be permanently deleted.

Acceptable Use

You agree not to use our hosting or services to:

  • Store or transmit unlawful, infringing, fraudulent, or malicious content (including malware, phishing, or spam);
  • Consume resources in a way that degrades service for other clients or our infrastructure; or
  • Violate any applicable law or the rights of others.

We may suspend or terminate services that violate this policy. Where practical we will give notice, but we may act immediately to protect our infrastructure, other clients, or third parties.

Suspension & Non-Payment

If payment fails, we may suspend the affected services after notice. If an account remains unpaid for 30 days, we may terminate the services and delete associated data. Reactivation after suspension may require payment of outstanding amounts.

Availability & Backups

  • For hosting and subscription services, we aim to maintain a monthly uptime of at least 99.8%, measured excluding scheduled maintenance and outages caused by factors beyond our reasonable control (such as third-party providers, upstream networks, or force majeure). We may perform scheduled maintenance, with advance notice where reasonable.
  • We may keep routine backups as a courtesy, but you are responsible for keeping your own copies of important data.
  • Some services depend on third parties (such as domain registrars and upstream providers) whose own terms and outages are outside our control.

11. Web Development & Custom Builds

This section applies to website and application development and other custom build work. The detailed scope, price, timeline, deposit, and number of revisions for your project are set out in your quote or statement of work; these Terms apply except where that document says otherwise.

Deposits & Milestones

  • Project work generally requires a deposit before we begin (a typical deposit is 50% of the project price, as stated in your quote), with the balance due on completion or at the milestones set out in your quote.
  • Deposits are non-refundable once work has begun, as they reserve our time and cover initial work.

Revisions & Client Input

  • Your quote states how many rounds of revisions are included. Additional revisions or changes to the agreed scope are billed separately.
  • We rely on you for timely content, feedback, and access. Delays on your side may extend timelines and, for fixed-fee work, may affect price.

Ownership of Deliverables

Once a project is fully paid, ownership of the final custom deliverables we created specifically for you (such as your website’s custom code, designs, and content we produced) transfers to you.

We retain ownership of our pre-existing tools, frameworks, and reusable components, and grant you a license to use them as part of your deliverables. Third-party and open-source components remain under their own licenses. We may display completed work in our portfolio unless you ask us in writing not to.

Cancellation of a Project

You may cancel a project at any time. You remain responsible for payment for all work performed up to the cancellation date, and any deposit is non-refundable. Ownership of deliverables transfers only once amounts owing for completed work are paid in full.

Post-Launch Support

Unless your quote says otherwise, we will fix defects in our work reported within 30 days of delivery at no charge. New features, content changes, and ongoing maintenance after that window are billable, and can be covered by a support or maintenance plan.

12. 3D Printing & Fabrication

This section applies to 3D printing and fabrication orders, which are made to order based on your specifications or design.

Orders, Cancellation & Refunds

Because items are produced specifically for you, orders cannot be cancelled or refunded once production has started. Before production begins, you may cancel an order (any setup fee or deposit may be retained to cover work already done).

If an item arrives defective or materially different from what was agreed, contact us within 7 days of receipt and we will remake or refund the item at our discretion. This does not cover normal process variation described below.

Tolerances & Finish

3D printing and fabrication involve inherent variation in dimensions, color, surface finish, and material properties. Minor variation, visible layer lines, and small differences from a digital preview are normal characteristics of the process and are not considered defects.

Design Rights & Refusal

  • You confirm that you own or have the right to reproduce any design, model, or artwork you submit, and you indemnify us against claims that a submitted design infringes a third party’s rights.
  • We may decline to produce items that are unlawful, infringing, unsafe, or that we are not comfortable producing.

Delivery & Use

  • Lead times are estimates. Items are provided for pickup or shipping as agreed; risk of loss passes to you on pickup or delivery.
  • Unless specifically agreed in writing, printed and fabricated parts are not certified or warranted for safety-critical, medical, structural, or load-bearing applications.

13. Term & Termination

Either party may terminate services as set out in the applicable section above or in your quote. We may suspend or terminate access immediately for a serious breach of these Terms, non-payment, or unlawful use. On termination, amounts owing for services already provided remain payable.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services or applicable law. When we make material changes, we will update the Effective Date above and post a notice on the Site. Your continued use of the Site or services after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. If a dispute arises, we ask that you first contact us so we can try to resolve it informally. If we cannot, either party may pursue mediation before legal proceedings, and any legal action will be brought before the courts of Ontario, in the Niagara Region.

16. Contact Us

Questions about these Terms? Contact us:

See also our Privacy Policy for how we handle your personal information.