nimbu

Terms of use

THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND MOOCODE LTD. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE NIMBU SERVICE.

By using the service provided on the nimbu.net website’s (“Service”), a service of Moocode Ltd (“Nimbu”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Use of Your Nimbu Account

• You must use a valid email address for your Nimbu account.
• You must not use the Service for any illegal or abusive purposes.
• Only one free account per person or legal entity is allowed.
• You are solely responsible for the security of your account and keeping your password safe.

Payment and Billing

• You must provide Nimbu with accurate billing information and keep this information up to date. This applies to all paid accounts , and also for free accounts if you are using and paying for any extra services.
• By subscribing to the Service you give Nimbu the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
• The Nimbu Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
• Your Nimbu account will be renewed automatically until you cancel the Service.
• You are responsible for all charges incurred related to your Nimbu account, including any applicable taxes or extra service fees.
• The first 30 days of a new, paid account are free of charge and act as a free trial period. Unless you cancel your paid account or change it to a free account before the billing is processed on the 30th day after signup you will be billed for the first billing cycle (the one you chose when signing up).
• You can at any time change between different billing cycles. The new billing cycle length takes effect after the expiration of the current cycle (i.e. at the next renewal date).

Refund Policy

• If you wish to ask for a refund or have an invoice cancelled, you need to send an email to help@nimbu.net within 7 days (one week) of the invoice date. The email needs to contain your Nimbu user id (the email you use to log in to Nimbu) and the invoice number of the invoice in question. You will receive an automatic confirmation email back that acts as your receipt and proof that Nimbu has received your refund request.
• If you do not receive this receipt email it is your responsibility to contact Nimbu within these 7 days via phone or email to manually confirm that Nimbu has received your request.

Upgrading and Downgrading of Accounts

• You can at any time upgrade or downgrade to a different Nimbu account type inside the Nimbu control panel. The change to your account type will take effect immediately and apply to all future invoices.
• After an upgrade you will be billed right away for the remaining time until the next renewal (the amount will be reduced with what you have already paid).
• After a downgrade you will be billed at the next renewal date.

Cancellation and Termination of Service

• You may at any time cancel your Nimbu account inside the Nimbu control panel provided that any past invoices have been paid. Nimbu does not accept cancellations via email or phone.
• Any abuse of the Service will lead to termination of your account. Nimbu reserves the right to decide what is considered abuse of the Service.

Changes to Terms of Service

• These Terms of Service may be updated from time to time without prior notice. The current Terms of Service are always available at http://nimbu.net/terms.

Disclaimer

• The Nimbu Service is provided “as is” and “as available”.
• Nimbu reserves the right to modify the Service from time to time at any time, including adding and removing features and package types.
• Nimbu reserves the right to discontinue the Service at any time after a 30-day notice via email.
• Nimbu reserves the right to change the prices for the Service and any connected extra services at any time.
• Nimbu gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.

Limitation of Liability

• You expressly understand and agree that Nimbu shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nimbu has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use the Nimbu service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Nimbu service; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the Nimbu service; or 5. any other matter relating to the Nimbu service.
• Any decisions or claims you make based on data from the Nimbu Service are your sole responsibility. Nimbu shall not be held liable for any such decisions or claims.
• In no event shall Nimbu's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Indemnification

• You agree to indemnify, defend and hold harmless Nimbu and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Nimbu service, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
• You agree to immediately notify Nimbu of any unauthorized use of your account or any other breach of security known to you.

Other

• If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.

Dispute

• This contract shall be governed by the substantive law of the United Kingdom.