GoatCloud Terms of Service

Last updated: February 19, 2025

1. General

These Terms of Service (“Terms”) apply to all services provided by GoatCloud Communications LLC (“GoatCloud,” “we,” or “us”) to our clients (“you”). These Terms define our relationship and your obligations.

2. Website and Online Presence Development

• Websites and online platforms are complex and may not function perfectly at all times.
• We do not warrant that your website or online presence will always work as expected. Websites contain multiple components (e.g., core software, themes, and plugins) that can be affected by updates or changes.
• Your website or online presence may be affected by external factors such as visitor devices, internet connections, and cyber threats.
• You must promptly report any issues of which you are aware that may impact your services. Whether or not you have a GoatCloud maintenance plan, we may not immediately detect all issues.
• Websites we design may not function optimally on outdated browsers, operating systems, or devices.
• If GoatCloud deploys licensed third-party software on your website, continued use may require you to obtain your own license if you terminate services with us.

3. Compliance with Laws

• GoatCloud supports accessibility and privacy principles but does not guarantee compliance with specific regulations, including but not limited to the Americans with Disabilities Act (ADA) and the EU General Data Protection Regulation (GDPR).
• You are solely responsible for ensuring compliance with applicable laws, including privacy, accessibility, and data protection regulations.
• Prohibited Uses: Clients must not use hosting services for illegal purposes. GoatCloud cooperates with law enforcement as required.

4. Client Confidentiality

We serve multiple clients, some of whom may operate in similar industries or locations. However, we do not share or disclose your confidential information with other clients.

5. Hosting Services

• GoatCloud resells hosting services from third-party providers, currently Liquid Web and Green Geeks. By using our hosting services, you agree to their terms of service in addition to ours.
• We reserve the right to change hosting providers without prior notice to improve service quality.
• Hosting Performance: We strive for 99.9% uptime. If downtime exceeds this, your sole remedy is a one-month credit to your account, no more than once every twelve months.
• Hosting plans may include storage and bandwidth limitations depending on your plan.
• Email Services: We discontinued offering cPanel-based email to new customers in 2016 and may phase out existing cPanel email services.

6. Managed WordPress Maintenance

Our services include at minimum:

• Regular site backups (at least biweekly) with retention of no more than two backups.
• Software updates (WordPress core, themes, and plugins), but you are responsible for licensing third-party software.
• Security measures, but we do not guarantee complete protection from hacks.
• Deployment of new or replacement software when necessary.
• Limited troubleshooting: We fix issues caused by us at no charge. Other troubleshooting may be billed at $99 per hour.

7. Limited Liability

• GoatCloud is not liable for indirect, consequential, or punitive damages, including lost profits or data.
• Liability limits:
  • Website design & development: Maximum liability equals payments received within the past six months.
  • Other services: Maximum liability equals payments received within the past three months.
  • Multiple claims do not increase liability limits.

8. Governing Law and Dispute Resolution

• These Terms are governed by the laws of New York, and disputes must be resolved in Schenectady County, NY.
• Mandatory arbitration: Disputes will be resolved via binding arbitration in Schenectady, NY, under American Arbitration Association (AAA) rules.
• Mediation first: Before arbitration, both parties agree to attempt mediation.
• The prevailing party in arbitration may recover reasonable attorney fees.

9. Payment Terms

• Invoices must be paid on time. Accounts 45+ days overdue will incur 1% monthly interest (12% annually).
• GoatCloud may offset unpaid amounts against any credits on your account.

10. Your Privacy Policy

If your website collects personal data, you must maintain a privacy policy that is at least as protective as GoatCloud’s Privacy Policy.

11. Refund Policy

• Down payments are required for most projects and decrease in refundable value over time:
  • Within 30 days: 66% refund
  • 31-60 days: 33% refund
  • After 90 days: No refund
• The first $500 of any project payment is non-refundable.
• If you cancel, you must still pay for any hours worked at $99 per hour.

12. Account Suspension & Termination

• Nonpayment or violations of these Terms may result in suspension or termination of services.
• Suspension Consequences: Website and email access may be restricted, and a “Suspended Account” message may be displayed.
• Termination Consequences: After 90 days of suspension, accounts may be permanently terminated, and all data deleted.

13. Changes to These Terms

• GoatCloud may update these Terms at any time without prior notice.
• Continued use of services after changes constitutes acceptance of the new Terms.

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