The following are the terms of service for all services provided by Niyom, LLC.
“We,” “us,” “our,” and “WebNiyom” used in this document means Niyom, LLC. We are a limited liability company registered in the State of Alabama. The “you” in this document is anyone who purchases our services or software.
These terms were last updated 22 June 2020.
General Payment Terms
Payment is due 15 days after the date of an invoice for all services.
If your project exceeds $1,000 USD and you elect to pay by credit card, a 3.5% surcharge will be added to your order.
If you pay by check and that check does not clear, you may be charged a $35 returned check fee.
Accounts in default may be subject to interest charges. If you default, you agree to pay any reasonable expenses incurred by WebNiyom while trying to enforce the collection of payments. These expenses could include attorney’s fees or collection agency fees among others.
Website Hosting Payments
Website hosting payments are processed on the monthly or yearly anniversary of your initial signup (e.g. if you signed up on the 10th of the month and elected monthly payments, we will auto deduct your payment on the 10th of every month).
Automatic payments will continue until your web hosting service has been canceled as detailed below.
WebNiyom reserves the right to change website hosting rates by notifying customers 60 days in advance of the effective date of the change.
Accounts unpaid 60 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge.
Website Development Payments
Most website development projects will be billed 100% before work begins. Website development projects over $20,000 USD may be split into multiple payments. The details of a multi-payment project will be added to the project contract.
Timelines and materials will be outlined in your project contract. If you fail to provide WebNiyom with the materials, feedback, or approvals detailed in the contract, this could result in a delay of your project. While we are waiting on your response, we may begin work on other projects to make efficient use of our time. This means work on your project will stop and it might take days (or weeks) before we can get your project back into the queue. WebNiyon may invoice you for additional resources should the delay of a project interrupt our workflow. In extreme cases the delay of a project could result in the termination of that project and a new agreement may be required to restart the project. See the details for termination below.
Estimate / Proposal Validity
Any estimate or proposal submitted by WebNiyom shall be valid for a period of 60 days from the date listed on the document. After 60 days the document shall be deemed null and void.
All websites created by WebNiyom are required to have a text link (aka, attribution link) in the footer that states something like “Built by WebNiyom” and links back to our website.
If you are an agency and have contracted WebNiyom to build a website for your client as a subcontractor, no attribution link is required.
WebNiyom’s web hosting is provided by CloudCannon. As part of this, it includes access to the CloudCannon content management system via our account.
WebNiyom will provide support to you through the standard means we make available to our customers (e.g. email, support tickets).
WebNiyom makes no guarantees as to the timeframe for support request resolution.
Disk Storage and Bandwidth
WebNiyom provides 10 GB of disk storage for normal accounts. If you require more disk storage than this, we may be able to find a solution, but any solution will incur more fees.
While CloudCannon offers unlimited bandwidth, they do have a soft limit on the amount of bandwidth used. For regular customers, this is not something to worry about. Should you reach this limit WebNiyom will work with you and CloudCannon to find a solution.
While every effort will be made to find a resolution to disk storage or bandwidth overages, if your usage exceeds the amount of our service providers and those service providers assess fees for those overages, you agree to pay for these overages.
WebNiyom is not responsible for interruptions of service beyond our control. This includes, but is not limited to, interruptions by our suppliers and natural disasters.
You agree to keep all user IDs and access codes or passwords confidential. If you believe your user ID or password has been compromised, you agree to contact WebNiyom immediately via e-mail or telephone.
To prevent malware on our servers, full administrative access to a CloudCannon site will not be granted to customers. You will have all access necessary to make changes and updates to your website as outlined in our marketing material.
NiyomCare Essential Plan
Registering a domain name for your website and paying the fee for it annually is your responsibility. WebNiyom is not responsible for suspension or loss of domain names because you could not be billed by your registrar. Any time spent reestablishing your site after a domain expires is billable at our current hourly rate.
NiyomCare Business Plan
While we recommend that you purchase your own domain name, and therefore own all rights to said name, WebNiyom will purchase any domain available for less than $20 USD per year on namecheap.com.
If you choose for WebNiyom to purchase your domain name, the registration for that domain name will expire with your hosting service. If you decide to leave WebNiyom and wish to transfer your domain name to a different registrar (or a different account with NameCheap), you agree to pay any fees associated with the transfer.
Domain names may not be transferred within 90 days of purchase per ICANN regulations.
Termination / Cancellation
WebNiyom requires a 30-day notice prior to canceling a website hosting account.
Upon canceling a website hosting account, all content (e.g. posts, pages, images, multi-media files) uploaded by you will be sent to you in a zip file.
Upon canceling a website hosting account for a template website, any custom work done will not be included in the export of your site content—you will not receive static code files or Jekyll files.
If you terminate a website development project before the project is complete, you agree to pay our current hourly rate for all work complete up to 100% of the project price. (For an example, let’s assume two things: an hourly rate of $100 and that your project cost was $1,000. In this case, if we’ve done 10 hours of work, you would not get a refund. If we’ve done 20 hours of work, we would send a bill for an additional $1,000. If we’ve done 5 hours of work, we’d send you a refund of $500.)
WebNiyom does not allow refunds for website hosting. If you downgrade or cancel your account we will credit your subscription for the unused period.
Website Development Projects
If you terminate a Website Development Project before the project is complete, we will apply our current hourly rate to all work already complete. If you have already paid more than this amount, we will refund the balance.
WebNiyom does not allow refunds for template websites.
You are responsible for all content posted or stored on your web hosting space. WebNiyom will not be responsible for any direct, indirect, or consequential damages which may result from the use of our service by you or any other related or unrelated third parties. There are no warranties expressed or implied for the services or software WebNiyom provides.
All services provided by WebNiyom may be used only in accordance with the law. Storage, documentation, transmission, or presentation of information or data that violates US Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statute.
WebNiyom prohibits website hosting customers from publishing unlicensed software, pirated mp3 files, listing hacker programs or archives, hosting warez websites, or pubishing pornography.
You agree to pay WebNiyom any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
Use of Third Party Images and Photography
If you provide WebNiyom with images or photography for use on your website, securing the appropriate license to use them is your responsibility. You assume the full risk of liability for the use of those images.
Intellectual Property / Website Copyright
When we utilize images or other content that are licensed for use on your website by a third party, that party retains ownership of the content in question according to the terms of their own license agreements.
During the process of creating your website, we will create various types of code, functionality, and processes. While this work is used on your website, we retain ownership of these as our intellectual property and reserve the right to use them on future websites as well. We also reserve the right to use any part of any website we develop in future projects.
The purchase of a template website from WebNiyom does not grant you copyright of that template’s design or code files. The template is licensed by us, to you, for one domain only. It may not be redistributed, resold, or used on another domain in any way.
Custom Development Projects
Custom websites developed for agencies where WebNiyom is acting as a subcontractor, after all fees are paid, will be the intellectual property of the agency for cases not otherwise defined in this document or in your contract. Unless otherwise stated in the contract, the agency will be allowed to redistribute, resell, or otherwise reuse the code provided by WebNiyom.
Services Not Legal Advice
WebNiyom does not offer legal services, nor does it provide substitute services for those provided by legal counsel. If WebNiyom provides forms or other documents, the provision of such documents should not be deemed to constitute any form of legal advice. Although WebNiyom’s work may involve analysis of legal claims and advice pertaining to your compliance with certain legal obligations, this engagement solely involves provision of advice based on industry practices and on the basis of the individual consultant’s knowledge and experience, and does not involve conducting an audit, or confirming compliance with laws or regulations.
Liability / Indemnification
Niyom, LLC shall not be liable to you for lost profits, indirect, special or incidental, consequential or punitive damages. You hereby agree to indemnify, defend and hold harmless Niyom, LLC, its affiliates, and each of their directors, officers, employees, agents and members, from and against any and all third party losses, claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) related to or arising from your website or use thereof.
Niyom, LLC provides all products and services “as is,” without warranty of any kind, whether express, or implied and disclaims all implied warranties, including but not limited to, the implied warranties of merchantability of fitness for a particular purpose. You shall be solely responsible for the selection, use, and suitability of any product and service and Niyom, LLC shall have no liability associated with the forgoing.
Niyom, LLC shall not be liable under any theory of liability if your website fails to comply with any accessibility requirements including those either promulgated pursuant to the Americans with Disabilities Act or those adopted by the public or website owners generally absent such requirements.
Any dispute between you and Niyom, LLC will be governed in accordance with Alabama law. Any legal proceedings will be conducted in Jackson County, Alabama, unless both parties agree in writing to a different location.