TERMS AND CONDITIONS
General Conditions of Use of services provided by Nimbus Commerce Solutions (refer to www.nimbus.info/terms for full terms and conditions)
Should a client (whether business or member of the public) reserve a DOMAIN name with Nimbus Commerce then Nimbus Commerce will allow the client exclusive and unlimited use of the DOMAIN name for their web-site and e-mail purposes while the due charges are paid. If payments are not maintained then after 30 days of such breach of contract Nimbus Commerce reserves the right to sell immediately or retain indefinitely for future sale the DOMAIN name in question. Any reinstatement of payments by a client will be subject to a re-instatement charge equal to £45 or 6 months total charges relating to the services they have selected (whichever is less).
Should a free service supplied by Nimbus Commerce (such as a free web site provided as part of a Community program) become dormant for whatever reason then their Free web-site/service will be deleted/terminated. If the client has upgraded their web-site then this site will only be available to them subject to payment of the relevant charges prevailing for the services. In any event any re-instatement will be subject to the general conditions of use and an administrative charge of £45 or 6 months total charges relating to the services they have selected (whichever is less) will be made.
Should a client reserve their DOMAIN name with Nimbus Commerce it does not give them ownership and title to the DOMAIN name. Title will reside with Nimbus Commerce Solutions Ltd until such time as they have paid the purchase price for the DOMAIN name and the title administration charge relating to the transfer of the title, and the balance of the full 12 month Agreement charges to include the required 3 months notice in full. Monthly charges as per their chosen levels of service will continue from the first month thereafter.
Should members require to transfer their DOMAIN name and hosting away from Nimbus Commerce once title has passed to the member as set out above then it may be replaced with a Free web-site (only if part of a Community program), and the transfer undertaken for an additional transfer away from Nimbus Commerce administration charge equal to £45 or 6 months total charges (which ever is the less). This administration charge will apply even if the DOMAIN name originally was owned by the client. There will be no transfer of artwork, design or structure of the web-site, only the DOMAIN name.
A link from a Community Free web-site to another web site will be undertaken provided the monthly upgrade fee is paid and all other conditions are met (see below, for example where content may be considered distasteful)
All member agreements are for a minimum term of 12 months and thereafter require 3 months notice unless upgrading to a higher service level where such notice will be waived and a new 12 month Agreement put in place (with 3 months notice). In all cases members must pay for services 3 months in advance and then monthly thereafter unless a special promotion requires then to pay 12 months or more in advance.
The client/customer shall fully and effectively indemnify Nimbus Commerce against all costs and expenses which Nimbus Commerce incurs in enforcing any of the terms and conditions of business contained herein including, without limit to the generality of the foregoing, the recovery of all monies due from the client whether by proceeding or other means to be assessed on a solicitor own client basis
As Nimbus Commerce Solutions are serving a professional market place, we reserve the right to cancel our web site services to any member or members at any time without notice (and any other Nimbus Commerce services supplied) if members participate in spamming or such site contains: copyrighted, illegal, misleading, hateful, violent, sexually explicit, adult-only or other content deemed distasteful as determined in our sole discretion. All contractually due fees must still be paid in such event.
Nimbus Commerce Solutions reserves the right to change all and any terms and conditions of this Agreement with clients at any time and without notice. It is the responsibility of clients to periodically review the currently posted terms and conditions of use at www.nimbus.info/terms to assure compliance. Nimbus Commerce reserve the right to change the content of any offer or change the charges due for any service at any time (including free services) once the initial Agreement period is over, giving at least one month notice.
Nimbus Commerce Solutions acknowledges that members depend upon a reliable and professionally hosted web site. We will take reasonable action to ensure that loss of data and other downtime do not occur. We also will take reasonable efforts to ensure that all features, tools, and services are accurate, reliable and operating as represented. However, in no event shall we be liable for or assume responsibility for any loss or damages (of any kind) that may occur, especially for loss of data within a client account. It is the responsibility of all members of our SetUpMy.com service to ensure they have a backup of the content of their own website. Where a website service is provided by our SetUpMy.com brand a back up button is provided for all users to download a copy of their site and it is the responsibility of users to utilise this function so that they can keep their own back up of their own website.
This Agreement is governed by English Law, and all parties consent to the exclusive jurisdiction and venue of the English Court System and the London High Court in all disputes arising out of or relating to your use of Nimbus Commerce Solutions services.
Nimbus Commerce reserve the right to limit access to services for clients until payments (where required) have been received as cleared funds to Nimbus Commerce. All charges quoted are inclusive (unless specifically stated not to be).
Nimbus Commerce is entitled to market goods and services as considered appropriate through the websites constructed and hosted by Nimbus Commerce, such as other internet and web-site services and will be allowed to insert appropriate sponsor information/buttons and advertisements on such websites.