1. Acceptance of Terms
These Terms of Service (“Terms”) govern the purchase and use of services provided by Phan Software, including website development, custom software development, hosting, domain management, maintenance, and technical support.
By placing an order, approving a quotation, or using our services, the Customer agrees to these Terms, our Privacy Policy, our Refund and Cancellation Policy, and any applicable project agreement.
Nothing in these Terms limits rights that cannot be excluded under applicable law.
2. Services
Phan Software provides website design and development, custom software development, website hosting, domain registration and management, technical support, and related IT services.
Each project is governed by the scope, deliverables, pricing, and timeline specified in the accepted quotation or order.
Work outside the agreed scope may require an additional quotation and Customer approval.
3. Website and Software Development
3.1 Project Process
Projects may include consultation, preliminary design, demonstrations, development, revisions, testing, approval, and final delivery.
Any fees, credits, revision limits, and deliverables associated with these stages will be clearly disclosed on the relevant service page or at checkout.
3.2 Customer Responsibilities
The Customer is responsible for providing necessary content, branding materials, instructions, credentials, and approvals within a reasonable period.
Delays in providing required information may affect the project timeline.
3.3 Revisions and Changes
Revisions included in the purchased package will be provided according to the agreed scope.
Additional features, pages, integrations, or substantial design changes may incur additional charges, subject to Customer approval.
4. Pricing and Payment
Unless otherwise stated, prices are displayed in Canadian dollars and exclude applicable taxes.
Payment schedules, including deposits, milestone payments, and final balances, will be disclosed before the Customer places an order.
Payments may be processed through authorized third-party payment providers.
Phan Software may suspend work on overdue accounts after appropriate notice, subject to applicable law.
5. Project Cancellation
5.1 Cancellation by the Customer
The Customer may request cancellation at any stage by contacting Phan Software in writing.
Refunds will be calculated according to the value of work completed, applicable project milestones, and authorized non-recoverable expenses, as described in the Refund and Cancellation Policy.
Phan Software will provide a reasonable explanation of the refund calculation.
5.2 Cancellation by Phan Software
If Phan Software cancels a project for reasons not caused by the Customer's breach, misconduct, or failure to fulfill material contractual obligations, Phan Software will provide a full refund of all amounts paid for that project, including any preliminary design or demo fees.
The refund will be returned through the original payment method where reasonably possible, within the applicable legal timeframe.
This provision does not limit any additional remedies required by law.
5.3 Cancellation Due to Customer Breach
If Phan Software terminates a project because of a material Customer breach, refunds will be determined according to completed work, properly authorized expenses, the project agreement, and applicable law.
6. Project Approval and Delivery
A project is considered approved when the Customer explicitly confirms acceptance of the final deliverables in writing or through the designated electronic approval process.
Final delivery may include deployment, production-ready files, source code, and other agreed deliverables.
Approval does not remove any applicable warranty obligations or statutory remedies.
7. Source Code and Intellectual Property
7.1 Source-Code Availability
After final project approval and payment of all outstanding project fees, the Customer may request a copy of the available project-specific source code at no additional charge.
Source-code delivery includes the applicable project files and reasonably necessary setup instructions.
Phan Software is not required to disclose unrelated internal systems, confidential credentials, proprietary development tools, or third-party source code that it does not have the right to distribute.
7.2 Ownership and Usage Rights
The Customer retains ownership of materials originally provided by the Customer.
Upon full payment, the Customer receives a perpetual, non-exclusive licence to use, host, modify, and maintain the completed project-specific deliverables, including through another service provider.
Unless expressly agreed in writing, Phan Software retains ownership of its pre-existing templates, reusable components, libraries, tools, and development methods.
Third-party and open-source components remain subject to their respective licences.
7.3 Refunds After Source-Code Delivery
Once the Customer has requested and received the source code for an approved and completed project, payments for the completed development work are non-refundable under Phan Software's voluntary refund policy.
This restriction does not affect any refund, correction, warranty, or other remedy required by applicable law.
8. Domain Registration and Management
8.1 Domain Registration
Phan Software obtains domain registrations through independent third-party registrars.
Domain availability, registration, renewal, and transfer are subject to the applicable registrar and registry policies.
The Customer will be informed of the intended registrant arrangement before registration.
8.2 Domain Ownership and Transfer
Customers may request the release or transfer of eligible domains when they no longer wish to use Phan Software's domain management services.
Phan Software does not charge an administrative fee for a standard domain transfer or release request.
Any fees imposed by a registrar or registry, including transfer or renewal charges, are third-party charges and are not imposed by Phan Software.
Phan Software will cooperate with authorized transfers in accordance with applicable domain policies and legal requirements.
8.3 .CA Domain Requirements
For .ca domains, the intended registrant must satisfy the Canadian Presence Requirements established by the Canadian Internet Registration Authority (CIRA).
The Customer may be required to provide identity, organization, residency, or other eligibility documentation.
Registrar transfers may be restricted within 60 days of initial registration or a previous registrar transfer, subject to applicable CIRA rules and exceptions.
Changes of registrant are separate from registrar transfers and must comply with the applicable registry and registrar procedures.
Phan Software cannot transfer .ca registration rights to an ineligible registrant.
8.4 Domain Expiration
The Customer is responsible for paying renewal charges and providing accurate registration information.
Phan Software will not be responsible for domain expiration caused by Customer non-payment or failure to provide necessary information, except where Phan Software is legally responsible.
9. Hosting and Subscriptions
Hosting, maintenance, and support subscriptions may be billed monthly or annually.
Subscriptions automatically renew where this has been clearly disclosed and authorized at checkout.
Customers may cancel future renewals through available billing controls or by contacting Phan Software.
Unless otherwise stated, cancellation takes effect at the end of the paid billing period.
Partial-period refunds are governed by the Refund and Cancellation Policy and applicable law.
10. Technical Support
Support packages include only the services, time allowances, and response commitments specified in the selected plan.
Unused support time does not carry forward unless otherwise stated.
Additional services outside the plan require separate authorization and may incur additional charges.
11. Customer Content and Acceptable Use
Customers must have the necessary rights to content provided for their projects.
Customers must not use Phan Software's services for unlawful activities, malicious software distribution, unauthorized access, or infringement of third-party rights.
Phan Software may take reasonable action to address misuse, subject to applicable law.
12. Privacy and Confidentiality
Personal information is handled in accordance with the Phan Software Privacy Policy.
Both parties must take reasonable steps to protect confidential information received during the project.
13. Third-Party Services
Phan Software may use third-party providers for hosting, domains, payments, email, authentication, and infrastructure.
Third-party services may be governed by additional terms and policies.
Phan Software remains responsible for its own contractual and legal obligations.
14. Warranties and Liability
Phan Software will provide services with reasonable care and skill.
Unless expressly agreed, Phan Software does not guarantee specific business revenue, search-engine rankings, or uninterrupted availability of third-party services.
Any limitation of liability applies only to the extent permitted by law and does not exclude non-waivable consumer rights.
15. Termination and Handover
Upon termination, Customers may request deliverables and information to which they are entitled under the applicable agreement.
Source-code requests and domain transfers will be handled according to these Terms.
Phan Software may retain information necessary for legal compliance, accounting, security, and dispute resolution.
16. Changes to Terms
Phan Software may update these Terms from time to time.
Changes will not retroactively alter agreed project prices, deliverables, or legally protected rights without appropriate authorization.
17. Governing Law
These Terms are governed by the applicable laws of Ontario and Canada, without limiting mandatory protections available under other applicable laws.
18. Contact
Phan Software
Mississauga, Ontario, Canada
Website: https://phansoftware.ca
Email: support@phansoftware.ca