ProgExpert

Hosting Policy

 
Last updated: 2026-01-13
 

(Version adapted for Québec – including compliance with Law 25) 

This hosting policy (the “Policy”) governs the use of all hosting services offered by ProgExpert (“we”, “our company”). By using our services, the client (“you”, “the client”) accepts all the terms set out in this document.

 

Permitted and prohibited use

 

The client agrees to use our hosting services legally, responsibly and in compliance with the laws of Québec and Canada.

 

1.1 Strictly prohibited activities

 

Using our services for the following is strictly prohibited:

 

• Illegal sexual content, sexual exploitation or non-consensual content;

• Violent or hateful content, or content inciting discrimination;

• Any criminal activity: fraud, data theft, hacking, phishing, botnets, malware or ransomware;

• Hosting protected content without permission (copyright);

• Any activity that could compromise the security, stability or legality of the service.

 

ProgExpert reserves the right to immediately suspend or terminate a service without a refund in the event of criminal, abusive or unlawful use.

 

2. Client responsibilities

 

2.1 Website security and compliance

 

The client is responsible for:

 

• Keeping their CMS, modules, themes, scripts and integrations up to date;

• Fixing security vulnerabilities in their code;

• Ensuring their data functions properly and is protected;

• Using their access credentials securely.

 

ProgExpert provides a stable, secure environment but cannot be held responsible for vulnerabilities arising from the client’s code, extensions or content.

 

2.2 Malware removal and security incidents

 

In the event of an attack (malware, hacking, injections, DDoS, etc.):

 

• The client is responsible for malware removal and corrective measures;

• ProgExpert may provide analysis, optimization or cleanup services, billed at the current rates;

• A service may be temporarily suspended if its security compromises the infrastructure.

 

3. Resource use

 

ProgExpert must protect the stability of its servers.

 

We may therefore:

 

• limit a website that consumes too many resources (CPU, RAM, I/O, connections, requests);

• require optimization by the client’s developer;

• provide optimization ourselves (fees apply);

• recommend a higher-tier hosting plan if necessary.

 

4. Service suspension and termination

 

Immediate suspension, without a refund, may apply if:

 

• the service is used illegally or abusively;

• the website jeopardizes the server’s security or performance;

• necessary fixes are not applied;

• payment is overdue.

 

5. Refunds and cancellation

 

5.1 Hosting paid annually

 

If the client requests early cancellation:

 

• 50% of the remaining months are refundable.

  • • Example: 6 months remain → a refund for 3 months.

 

No refund is provided for:

 

•     • months already elapsed;
•     • domains;
•     • SSL certificates;
•     • third-party licences;
•     • setup fees;
•     • service hours already worked.

 

6. Privacy, personal information and Law 25 (Québec)

ProgExpert applies the privacy standards required by Québec’s Law 25 and best practices for protecting personal information.

 

6.1 Roles and responsibilities

The client remains the owner of and responsible for their data, including that of their users and customers. 

The client agrees to process personal information in compliance with applicable requirements:

 

    • secure access;

    • internal management compliant with the law;

    • clear privacy policies;

    • required user consent.

 

ProgExpert acts as a technical provider, not as a data controller.
 

6.2 Data hosting

 

• Client data is hosted in Canada (or according to the settings defined in the hosting plan). 

• ProgExpert takes reasonable measures to ensure infrastructure security:

  •  

    • firewalls;

  • • server updates;

  • • access control;

  • • backup systems;

  • • security monitoring.

 

6.3 Data processing and access

ProgExpert may access client data only:

•  

  • to provide technical support;

• • to diagnose a problem;

• • at the client’s explicit request;

 

No access is made for analytics, marketing or other unnecessary uses.

 

6.4 Incident notification (Law 25)

 

In the event of an incident that could compromise personal information, ProgExpert:

•  

  • will notify the client as soon as possible;

• • will assist with incident analysis;

• • may offer response or remediation services (fees apply).

 

6.5 Client obligations

 

The client agrees to:

• • apply basic security practices (strong passwords, 2FA, regular updates, etc.);

• • protect their users’ information;

• • have their own privacy policy compliant with Law 25;

• • notify ProgExpert of any incident related to the security of their data.

 

7. Limitations of liability

 

ProgExpert cannot be held responsible for:

• • data loss caused by vulnerable code or code not maintained by the client;

• • indirect or punitive damages, or loss of revenue;

• • sophisticated attacks (massive DDoS attacks, advanced cybercrime, global zero-day vulnerabilities);

• • errors originating from a third party (plugin, theme, CDN, API, external service);

• • interruptions resulting from the client’s incorrect configuration.

 

8. Changes to the policy

We may amend this Policy at any time. The latest version will always be available online. Continued use of the service constitutes acceptance of the changes.
 

9. Availability and liability

9.1 Standard availability objective (SLO)

For all its hosting services, the Provider aims for an annual availability target (Service Level Objective – SLO) of 99%.

This objective is an operational target and does not constitute a contractual availability guarantee, unless expressly stated otherwise in this contract or a separate agreement. No refund, credit or financial compensation is automatically owed if the SLO is not met.

 

9.2 No automatic liability

The Provider cannot be held responsible for service interruptions resulting from, without limitation:

• events of force majeure;
• cyberattacks, DDoS attacks or external security incidents;
• hardware or software failures beyond its reasonable control;
• scheduled or emergency maintenance;
• actions or changes made by the Client, the Partner or an unauthorized third party.
   

9.3 Specific service level agreements (SLAs)

A service level agreement (SLA) may be offered only when expressly mentioned :

• in the quote,
• or on the invoice,
• or in a separate contractual appendix accepted by the Client.

Without such written mention, no SLA applies, and only the availability objective (SLO) described in section 9.1 remains applicable.

 

9.4 Refund terms when an SLA applies

When an SLA applies, the terms for refunds, credits or financial compensation are strictly limited to those defined in the applicable SLA appendix. Such compensation:

• is capped;
• never constitutes a penalty;
• cannot exceed the hosting fees actually paid for the period concerned;
• does not apply to excluded causes (section 9.2).