GoatCloud Terms of Service

Last updated: May 6, 2026

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
A. Websites and online platforms are complex and may not function perfectly at all times.
B. 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.
C. Your website or online presence may be affected by external factors such as visitor devices, internet connections, and cyber threats.
D. 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.
E. Websites we design may not function optimally on outdated browsers, operating systems, or devices.
F. 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
A. 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).
B. You are solely responsible for ensuring compliance with applicable laws, including privacy, accessibility, and data protection regulations.
C. 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
A. 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.
B. We reserve the right to change hosting providers without prior notice to improve service quality.
C. 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.
D. Hosting plans may include storage and bandwidth limitations depending on your plan.
E. 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:
A. Regular site backups (at least biweekly). We retain up to two recent backups at any time; older backups are rotated out.
B. Software updates (WordPress core, themes, and plugins), but you are responsible for licensing third-party software.
C. Security measures, but we do not guarantee complete protection from hacks.
D. Deployment of new or replacement software when necessary.
E. Limited troubleshooting: We fix issues caused by us at no charge. Other troubleshooting may be billed at our then-current published hourly rate.

7. Limited Liability
A. GoatCloud is not liable for indirect, consequential, or punitive damages, including lost profits or data, except in cases of gross negligence or willful misconduct.
B. Liability limits:
     a) Website design & development: Maximum liability equals payments received within the past six months.
     b) Other services: Maximum liability equals payments received within the past three months.
     c) Multiple claims do not increase liability limits.

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

9. Payment Terms
A. Invoices must be paid on time. Accounts 45+ days overdue will incur 1% monthly interest (12% annually).
B. 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
A. Down payments are required for most projects and decrease in refundable value over time:
     a) Within 30 days: 66% refund
     b) 31-90 days: 33% refund
     c) After 90 days: No refund
B. Refunds are calculated per the schedule above, subject in all cases to the first $500 of any project being non-refundable. If the calculated refund would otherwise exceed the amount paid less $500, the refund is capped at the amount paid less $500.
C. If you cancel, you must still pay for any hours worked at our then-current published hourly rate.

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

13. Changes to These Terms
A. GoatCloud may update these Terms at any time. We will use reasonable efforts to notify active clients of material changes by email or by posting a notice on our website.
B. Continued use of services after changes constitutes acceptance of the new Terms.

14. Force Majeure
GoatCloud is not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, cyberattacks, and the failure or interruption of services by third-party providers (including hosting, payment processing, and software vendors).

15. Assignment
GoatCloud may assign these Terms and any related agreements, in whole or in part, to any successor entity (including pursuant to a sale, merger, or transfer of all or substantially all of its assets) without your consent. You may not assign your rights or obligations under these Terms without our prior written consent.

16. Indemnification for Client Content
You will indemnify, defend, and hold GoatCloud harmless from any third-party claim, loss, or expense (including reasonable attorney fees) arising from content, materials, account credentials, or instructions you provide to us, including without limitation claims of copyright or trademark infringement, violation of right of publicity, or defamation.

17. Rate and Fee Changes
GoatCloud may adjust hourly rates, project fees, and recurring service fees from time to time. We will provide at least 30 days’ written or email notice before any rate increase takes effect for existing clients. Continued use of services after the effective date constitutes acceptance of the new rate.

18. Marketing and Portfolio Rights
Unless you instruct us otherwise in writing, GoatCloud may identify you as a client and display screenshots, descriptions, or links to work we have performed for you in our portfolio, on our website, and in other marketing materials. You may opt out at any time by written notice to us.

19. AI-Assisted Tools
GoatCloud may use artificial intelligence and machine learning tools to assist with research, drafting, code generation, and similar work. GoatCloud remains responsible for the quality of its work product. We will not knowingly submit your confidential business information to public AI services that use submissions to train their models.

20. Content Ownership
Upon full payment, you own the final delivered website content (text, images, and custom design) we create for you. GoatCloud retains ownership of, and a perpetual non-exclusive license to use, its general methodologies, code libraries, frameworks, templates, and reusable components incorporated into the work. Open-source and third-party software remain subject to their own licenses.

21. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

22. Survival
Sections 3 (Compliance with Laws), 4 (Client Confidentiality), 7 (Limited Liability), 8 (Governing Law and Dispute Resolution), 9 (Payment Terms), 11 (Refund Policy), 16 (Indemnification for Client Content), 20 (Content Ownership), 21 (Severability), and this Section 22 will survive termination or expiration of these Terms.

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