Terms of Service
Terms governing Nimbus Sites website builds, managed hosting, email support, and related services.
Table of Contents
- 1. Overview & Definitions
- 2. Eligibility & U.S.-Specific Notes
- 3. Ordering, Onboarding & Payment Timing
- 4. Website Delivery Timeline
- 5. Revisions & Maintenance
- 6. Hosting, Uptime & Support
- 7. Business Email (Zoho Mail)
- 8. Website Code, Ownership & 3-Year Anti-Migration Rule
- 9. Acceptable Use
- 10. Pricing & Service Changes
- 11. Cancellation & No-Refund Hosting Policy
- 12. Disclaimers & Limitation of Liability
- 13. Governing Law & Venue
- 14. Contact
1. Overview & Definitions
These Terms of Service (“Terms”) govern your access to and use of Nimbus Sites’ website hosting, website build, and related services (the “Services”). By purchasing or using the Services you agree to these Terms.
“You/Customer” means the individual or entity purchasing the Services. “Nimbus Sites/We/Us” means the service provider operating Nimbus Sites.com.
2. Eligibility & U.S.-Specific Notes
- You must be at least 18 years old and able to form a binding contract to use the Services.
- If you are a U.S. customer, you agree that your use may also be subject to applicable U.S. federal and state laws, including consumer protection and privacy laws.
- We do not knowingly provide Services to children under 13, and our Services are not directed to children (COPPA).
3. Ordering, Onboarding & Payment Timing
You complete the payment first, then begin onboarding. After the payment has been made, you will be sent an onboarding form. You must pay for hosting (monthly, annual, or lifetime) and complete your onboarding form to activate your order and start the delivery process.
- If payment is not completed, we will not begin work and no delivery timeline applies.
- You are responsible for providing accurate information in the onboarding form and responding to reasonable requests for clarification.
- You will receive a link to your onboarding form after payment is completed.
4. Website Delivery Timeline
- Delivery timelines are estimates, not guarantees.
- If you delay providing required information, delivery may be delayed accordingly.
5. Revisions & Maintenance
Your website build includes one (1) free revision round after delivery. A “revision round” means a single consolidated set of changes submitted by you.
- Additional revisions, updates, content changes, and ongoing edits are available via a paid maintenance service (pricing provided separately).
- Requests that materially change the scope (e.g., extra pages beyond the included amount, custom features, advanced integrations) may be quoted and billed.
6. Hosting, Uptime & Support
Hosting must be provided through Nimbus Sites. Your hosted website will be served using our managed infrastructure (e.g., AWS S3/CloudFront or equivalent) as chosen by us.
- We provide email support for hosting-related issues. Contact: support@nimbussites.com.
- We may perform maintenance and upgrades as needed. Temporary interruptions may occur.
- We do not guarantee uninterrupted service, specific uptime percentages, or error-free operation, but we aim to maintain a reliable service.
7. Business Email (Zoho Mail)
Your plan includes up to five (5) business email mailboxes with up to 5GB storage per mailbox (or as specified at purchase). Email service is provided through Zoho Mail (a third-party provider).
- You agree to comply with Zoho’s acceptable use and fair use policies.
- You must review Zoho’s terms and policies directly on Zoho’s website to ensure your intended use is compliant.
- We are not responsible for Zoho service interruptions, policy enforcement actions, or account limitations imposed by Zoho.
8. Website Code, Ownership & 3-Year Anti-Migration Rule
This offer is conditional. Our “free website build” is provided as part of a bundled hosting relationship. To prevent abuse (e.g., obtaining a free website then immediately moving it elsewhere), the following applies:
- For the first three (3) years from your signup date, you may not migrate the website we deliver to another hosting provider while continuing to treat the build as “free.”
- If you migrate away from Nimbus Sites within the first 3 years, you agree you will forfeit the right to use the website code, files, and design delivered under the free-build offer (unless you have separately purchased a code transfer or buyout from us in writing).
- After 3 years of continuous hosting with Nimbus Sites, you may request a copy of your site files for migration, subject to verification and any applicable administrative fees (if disclosed at the time of request).
Note: Certain third‑party assets (fonts, stock photos, plugins) may be licensed and may not be transferable.
9. Acceptable Use
This section is supplemented by our Fair Use Policy.
You may not use the Services for illegal, harmful, or abusive activities, including but not limited to: malware, phishing, spam, infringement, harassment, or content that violates applicable laws.
For U.S. customers, you agree to comply with applicable laws including CAN‑SPAM for marketing emails and any relevant state laws for your business.
10. Pricing & Service Changes
Pricing is subject to change. We may modify plan pricing, features, and inclusions. If you are on a recurring subscription, we will provide notice in advance of changes becoming effective for your next renewal (where required by law).
11. Cancellation & No-Refund Hosting Policy
Chargebacks. If you initiate a chargeback or payment dispute without first contacting support to resolve the issue, we may suspend service and dispute the chargeback with supporting records (including onboarding submissions, delivery logs, and communications), as permitted by law.
You may cancel your hosting subscription according to the instructions provided at purchase or in your account area (if applicable). Upon cancellation, your website may be taken offline after the current paid period ends.
- No refunds for hosting: Refunds will not be given for hosting services if you choose to stop using our Services, including partial months or unused time.
- If you purchased an annual plan, it is non-refundable once the billing period begins (unless required by law).
- If you purchased a lifetime plan, it is non-refundable (unless required by law).
12. Disclaimers & Limitation of Liability
To the maximum extent permitted by law, Nimbus Sites provides the Services “as is” and disclaims all warranties, whether express or implied.
- We are not liable for indirect, incidental, special, consequential, or punitive damages.
- Our total liability for any claim related to the Services is limited to the amount you paid to us for hosting in the three (3) months preceding the event giving rise to the claim (or the minimum allowed by law).
Some jurisdictions (including certain U.S. states) do not allow limitations on implied warranties or certain damages, so parts of this section may not apply to you.
13. Governing Law & Venue
Unless otherwise required by applicable law, these Terms are governed by the laws of England and Wales, and the courts of England will have exclusive jurisdiction.
If you are a U.S. consumer, you may have additional rights under the laws of your state of residence, and nothing in these Terms is intended to limit any non‑waivable consumer rights.
14. Contact
Support and legal notices: support@nimbussites.com