Terms Of Service

Nesta Sites Inc.
Effective Date: November 29th, 2024
Last Updated: November 5th, 2025

Quick Summary

This document has two parts:

Part 1: Your Plan & Services (Plain English)

What you’re getting, how billing works, cancellation policy, transfer options
Read this to understand our services and your subscription

Part 2: Legal Terms (The Legal Stuff)

Protections, disclaimers, liability limits, dispute resolution
Standard legal terms that protect both of us

Bottom Line: We provide great service at fair prices. You can cancel anytime. We’re not liable if things don’t go perfectly. Any disputes go to arbitration, not court. Read the details below.

PART 1: YOUR PLAN & SERVICES

This section explains what you’re getting, how it works, and what to expect.

1. Welcome & Services Overview

Welcome to Nesta Sites (“we,” “us,” “our”). By accessing or using our websites and services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”).

Our Services include:

Agency & Web Services at nestasites.com – Website design, hosting, and maintenance for small businesses
Nesta App at getnesta.com – SEO software platform for local search tracking and business management

Our goal: Offer an affordable, hassle-free solution to help you establish and maintain a professional online presence.

2. Who Can Use Our Services

By using our Services, you confirm that you:

Are at least 18 years old (or the age of majority in your jurisdiction)
Have the authority to enter into these Terms on behalf of yourself or your business
Will provide accurate and complete information during sign-up
Will comply with all applicable laws

3. Subscription Plans & Billing

3.1 How Subscriptions Work

Subscription Structure:

Our services are offered on a monthly or annual subscription basis
No upfront costs for most plans – you pay as you go
Pricing remains consistent for the duration of your subscription
You are not locked into a long-term contract — you can cancel at any time

Billing & Renewal:

Subscriptions are billed monthly (or annually if selected)
Subscriptions renew automatically unless canceled before the next billing cycle
Charges will continue until you request cancellation
You authorize us to charge your payment method on a recurring basis

Payment Methods:

We accept major credit cards (Visa, Mastercard, Amex) via Stripe
Other payment methods may be available

Failed Payments:

If a payment attempt fails, we’ll notify you via email
We’ll attempt to charge your card again
If billing remains unresolved after multiple attempts, your account may be suspended (see Section 3.5)

Price Changes:

Prices may change with 30 days advance notice
You’ll be notified via email before any price increase
If you don’t accept the new price, you can cancel before it takes effect

3.2 What’s Included in Your Plan

Agency & Web Services:

Your subscription includes:

✔ Professional Website Design – A fully built website tailored to your business
✔ Premium Hosting – Fast, secure, and reliable website hosting
✔ Performance & Security Updates – We ensure your website is always running smoothly
✔ Technical Support – We handle performance and technical issues on your site

Nesta App:

Your subscription includes:

✔ SEO Analytics & Tracking – Monitor rankings, keywords, and performance
✔ Local Search Monitoring – Track your visibility in map results
✔ Google Integrations – Connect Google Business Profile, Search Console, Analytics
✔ Competitor Analysis – See how you stack up against competitors
✔ AI-Powered Insights – Get recommendations to improve your SEO

What’s NOT Included:

Design or content changes outside your original scope (available through upgrade packs)
New pages, features, or structural changes (available as add-ons)
Services beyond your subscription tier

3.3 Support Options

Included Support (All Plans):

Technical troubleshooting and bug fixes
Security updates and performance monitoring
Hosting and uptime maintenance

Enhanced Support (Higher Tiers): Higher-tier subscriptions may include:

Text and image updates to existing pages
Priority response times
More frequent check-ins
Extended support hours

Scope of Support:

Support applies to existing pages and functionality within your plan
Requests for new pages, major redesigns, or structural changes require upgrade packages
Support is provided during business hours (Monday-Friday, 9am-5pm CT)
We’ll make reasonable efforts to respond to support requests promptly

Not Included as “Support”:

Website redesigns or new feature development
Content creation or copywriting
Marketing strategy or consultation
Third-party plugin support (beyond what we control)

3.4 Refund Policy

General Policy: Payments are non-refundable except as specified below or where required by law.

Exceptions:

Risk-Free Preview/Trial (Agency Services): If offered at signup, you may cancel during the initial draft/preview phase for a full refund. This applies only:

During the initial concept and draft phase
Before substantial work has been completed
Before your website goes live

Once your website is in final stages or goes live, the risk-free period ends.

Free Trials (Nesta App): If you start with a free trial, you may cancel before the trial ends without charge. After the trial converts to paid, standard refund policy applies.

Legal Requirements: Refunds required by applicable consumer protection laws will be honored.

3.5 Account Suspension & Non-Payment

Payment Issues:

15 Days Past Due: Reminder email sent
30 Days Past Due: Account suspended, website taken offline (agency services) or app access restricted
60 Days Past Due: Account may be terminated and data permanently deleted

We may also suspend your account for:

Violation of these Terms
Abuse or misuse of the Services
Illegal activity
At our discretion for business reasons

4. Website Ownership & Transfer (Agency Services)

4.1 During Your Subscription

You have full rights to use the website while subscribed to our service. However, we retain ownership of the design, code, and intellectual property until the transfer fee is paid.

4.2 Transfer Policy

If you wish to transfer your website to another provider and own it outright:

Transfer Fee Applies:

Typically equivalent to 12 months of service OR the remainder of your current term (whichever is lower)
Specific transfer terms are provided at the time of purchase
Once paid, your website is fully yours to transfer

After Transfer:

Ownership and intellectual property rights transfer to you
You may host it anywhere you like
We are no longer responsible for the website’s performance, updates, or compatibility

Important Notes:

Your website may include premium plugins licensed under our account
Upon transfer, these plugins are no longer licensed and may require separate purchase
We’ll provide you with all files, but ongoing support ends

4.3 Cancellation Examples

To make this clear, here are some examples:

Example 1: Cancel after 4 months

No transfer fee paid → Website is taken offline at end of billing cycle
You don’t own the website

Example 2: Cancel after 7 months and want to keep the website

Transfer fee = 5 more months (to reach 12 months total)
Pay the transfer fee → Website is yours to keep

Example 3: Cancel after 12 months

You’ve paid for 12 months → Website can be transferred at no additional cost
Just notify us and we’ll provide all files

Example 4: Cancel after 18 months

You’ve already exceeded 12 months → No transfer fee required
Website is yours, just request the files

5. Cancellations & What Happens Next

5.1 How to Cancel

You can cancel your subscription at any time by:

Emailing support@nestasites.com with “Cancel Subscription”
Using the cancellation option in your account settings (if available)
No phone call or complicated process required

5.2 When Cancellation Takes Effect

Agency Services:

Cancellation takes effect at the end of your current billing cycle
Your website will be taken offline unless you arrange a transfer
No refunds for partial months

Nesta App:

Cancellation takes effect at the end of your current billing cycle
Your access ends, but you have 30 days to export your data
After 90 days, all data is permanently deleted

5.3 No Penalties

There are no cancellation fees or penalties. You simply stop being charged after your current billing period ends.

6. Your Responsibilities as a Client

6.1 Providing Information (Agency Services)

Once you purchase a website subscription:

You are required to:

Complete the onboarding form with your company’s information
Upload all media (images, logos, videos) in one complete submission
Provide all content and materials upfront

Project Timeline:

We will not begin work until the onboarding form and all materials are submitted
Delays in providing information will delay your project start date
Sending content in multiple stages slows down the process

We need everything upfront to work efficiently!

6.2 Reviewing & Approving Content

It is YOUR responsibility to:

Review the website content and copy before launch
Check for typos, errors, or outdated information
Approve the final version before it goes live

We are NOT liable for:

Incorrect information that you provided
Typos or errors you didn’t catch during review
Outdated content you approved

By approving the website or proceeding to launch, you confirm:

All information is accurate
You have reviewed everything thoroughly
Any errors are your responsibility to report

6.3 Understanding Marketing & Results

Important: A website alone does not guarantee traffic or customers.

To drive traffic and results, you need marketing efforts beyond the website, such as:

Google Ads, Facebook Ads, or other paid advertising
Ongoing SEO and content creation
Google Business Profile optimization
Social media marketing
Local outreach and networking
Email marketing campaigns

We provide the tools and foundation. You drive the marketing.

If you need help with marketing, we’re happy to offer advice or recommend trusted service providers.

6.4 Account Security (Nesta App)

You are responsible for:

Keeping your password secure
Not sharing your account with others
Notifying us immediately of any unauthorized access
All activity that occurs under your account

We are not liable for:

Losses from unauthorized account use
Data breaches caused by weak passwords or shared accounts

7. Portfolio & Marketing Use

7.1 Showcasing Your Website

We’re proud of what we build! We may display your website in:

Our portfolio on nestasites.com
Social media channels (Instagram, LinkedIn, Facebook)
Marketing materials and case studies
Before/after examples

We reserve the right to:

Showcase designs, screenshots, or work-in-progress related to your project
Include your business name and website URL
Feature your project in promotional content

7.2 Design Credit

Unless otherwise requested, we will include a small footer credit such as:

“Website by Nesta Sites”
“Designed by Nesta Sites”
Similar attribution

To remove the footer credit:

A one-time fee of $250 applies
Removing the credit does not prevent us from showcasing your project in our portfolio
We still retain the right to design credit

7.3 Opting Out

If you prefer your website NOT be featured in our portfolio:

Email us at support@nestasites.com at the start of your project
We’ll remove it from our portfolio within 30 days of your request
This doesn’t affect the footer credit (separate $250 fee applies)

8. Risk-Free Website Preview (Agency Services)

We want you to feel confident moving forward. That’s why higher-tier plans include a risk-free preview.

How it works:

After you sign up, we begin drafting your website
We share an early preview before anything goes live
You review the direction and request changes
This is your opportunity to make sure it aligns with your expectations

Risk-Free Guarantee: If, during this early stage, you feel the project isn’t the right fit:

You can cancel and request a full refund
This applies only during the initial concept and draft phase
NOT after extended revisions or once substantial work is completed

When the guarantee ends: Once your website is in its final stages or goes live, the project is considered active and the guarantee no longer applies.

What counts as “substantial work”:

Multiple revision rounds
Meetings and strategy sessions
Content integration and customization
Approving early drafts and continuing with changes

If you’ve engaged us in ongoing revisions or approved drafts, the project has moved beyond the risk-free phase.

9. Third-Party Services & Integrations

9.1 Services We Depend On

Our Services integrate with or depend on third-party services, including:

Google (Business Profile, Search Console, Analytics)
Hosting providers
Payment processors (Stripe)
AI providers (for recommendations and insights)
SEO data providers
Email and communication services

9.2 What We’re NOT Responsible For

We are not liable for:

Third-party service outages or downtime
Google API changes or restrictions
Third-party pricing changes
Features that stop working due to third-party updates
Loss of data due to third-party issues

Your responsibility:

Maintaining valid access to any third-party accounts you connect
Renewing licenses or subscriptions for third-party services
Complying with third-party terms of service

9.3 Google API Services

When you connect Google accounts to the Nesta App:

We access data according to your authorization
You can revoke access anytime through your account settings or Google’s permissions page
Our use of Google API data complies with Google’s API Services User Data Policy
We do NOT use Google API data to train AI models
See our Privacy Policy for full details

10. Acceptable Use

You agree NOT to use our Services to:

Violate any laws or regulations
Engage in fraudulent, deceptive, or illegal activity
Distribute spam, malware, or viruses
Harass, threaten, or abuse others
Infringe on intellectual property rights
Upload illegal or offensive content
Attempt to hack, reverse engineer, or disrupt the Services
Share your account or resell access to our Services
Impersonate another person or business

Consequences: Violation may result in immediate account suspension or termination without refund.

PART 2: LEGAL TERMS

This section contains standard legal protections that govern your use of our Services.

11. Changes to Services & Terms

11.1 Service Modifications

We may, at any time:

Modify, suspend, or discontinue any Service, feature, or functionality
Add or remove features
Update technical requirements
Change integrations or third-party partnerships

We are not liable for any modifications or discontinuations.

11.2 Terms Updates

We may update these Terms at any time. Updates will be posted on this page with a new “Last Updated” date.

Material changes will be communicated via:

Email to your account address
Prominent notice on our Services

Continued use after changes constitutes acceptance of the updated Terms.

12. Termination Rights

12.1 Our Right to Terminate

We may suspend or terminate your account at any time, with or without cause, with or without notice, including for:

Breach of these Terms
Non-payment or failed payment
Violation of our Acceptable Use Policy
Illegal activity or abuse
Disrespectful behavior or unreasonable demands
At our sole discretion for business reasons

Right to Refuse Service: We reserve the right to refuse or discontinue service to any client. If service is refused before substantial work is completed, a full refund may be issued. However, if we’ve already invested significant time (revisions, meetings, strategy work, content integration), we may retain part or all of the payment.

12.2 Effect of Termination

Upon termination:

Your access to Services ends immediately
All licenses granted under these Terms terminate
You remain liable for all fees incurred before termination
We may delete your data after a retention period
Sections that should survive (payment obligations, disclaimers, liability limitations, indemnification, dispute resolution) continue to apply

13. Disclaimers & Warranties

13.1 “AS IS” Provision

TO THE FULLEST EXTENT PERMITTED BY LAW:

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
That the Services will be uninterrupted, secure, error-free, or free of viruses
That defects will be corrected
That results, traffic, leads, or sales will be achieved
Accuracy, reliability, or completeness of any content or data

13.2 No Guarantee of Results

We do NOT guarantee:

Your website or use of the Nesta App will generate traffic, leads, customers, or revenue
Specific business outcomes or results
That SEO efforts will improve rankings
That AI recommendations will be accurate or effective

Success depends on many factors beyond our control:

Your marketing efforts and budget
Your industry and competition
Content quality and consistency
Market conditions and timing
Algorithm changes (Google, social media, etc.)

13.3 Third-Party Disclaimers

We are not responsible for:

Third-party services, hosting providers, or payment processors
Google API changes or restrictions
AI provider limitations or errors
Internet outages or connectivity issues
Any events beyond our reasonable control

14. Limitation of Liability

14.1 Types of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW:

NESTA SITES INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING:

Loss of profits, revenue, business, or anticipated savings
Loss of data, goodwill, or reputation
Cost of substitute services
Business interruption or downtime
Any other commercial damages or losses

THIS LIMITATION APPLIES EVEN IF:

We were advised of the possibility of such damages
A remedy fails of its essential purpose
The damages result from negligence or other fault

14.2 Maximum Liability Cap

Our total aggregate liability under these Terms or arising from your use of the Services shall not exceed:

The amount you paid us in the 12 months preceding the claim (or $100 if no payments were made).

14.3 Exceptions

This limitation does not apply where prohibited by law or for:

Our gross negligence or willful misconduct
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Liability that cannot be excluded under applicable law

14.4 Your Responsibilities

It’s also your responsibility to:

Back up your own content and data
Confirm the accuracy of your website before launch
Follow applicable laws related to your business
Maintain insurance appropriate for your business risks

15. Indemnification

You agree to indemnify, defend, and hold harmless Nesta Sites Inc., its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to:

Your breach of these Terms
Your use or misuse of the Services
Content you provide, publish, or transmit
Your violation of any law, regulation, or third-party rights
Disputes with your customers, clients, or website visitors
Your business activities or operations
Any negligence or willful misconduct by you

This indemnification obligation survives termination of these Terms.

16. Dispute Resolution & Arbitration

16.1 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising from or relating to these Terms or the Services (including formation, performance, breach, interpretation, or validity) shall be resolved exclusively through binding arbitration, not in court.

Arbitration will be conducted:

Under the rules of the applicable arbitration body in Winnipeg, Manitoba, Canada
By a single arbitrator
In English
The arbitrator’s decision is final and binding

16.2 No Class Actions

You agree to resolve disputes on an INDIVIDUAL basis only.

You waive any right to bring or participate in:

Class actions
Class arbitrations
Consolidated actions
Representative actions
Private attorney general actions

Each party may only bring claims in an individual capacity.

16.3 Exceptions

Either party may seek:

Injunctive or equitable relief in court to protect intellectual property rights
Small claims court relief if the claim qualifies and remains in small claims court

16.4 Informal Resolution First

Before initiating arbitration, you agree to:

Contact us at support@nestasites.com
Describe the dispute in detail
Attempt to resolve the dispute informally for at least 30 days

16.5 Arbitration Costs

Each party pays their own costs unless otherwise required by law or determined by the arbitrator.

16.6 Opt-Out Right

You may opt out of this arbitration provision:

Within 30 days of first accepting these Terms
By emailing notice to support@nestasites.com with “Arbitration Opt-Out”
Opt-out does not affect other Terms

17. Governing Law & Jurisdiction

These Terms are governed by:

The laws of the Province of Manitoba
The federal laws of Canada applicable therein
Without regard to conflict of law principles

Any legal action not subject to arbitration must be brought exclusively in:

The courts located in Winnipeg, Manitoba, Canada
You consent to the exclusive jurisdiction and venue of such courts

18. Force Majeure

We are not liable for delays or failures in performance resulting from events beyond our reasonable control, including:

Natural disasters, pandemics, acts of God
War, terrorism, civil unrest
Government actions, laws, or regulations
Internet, telecommunications, or utility failures
Cyberattacks, DDoS attacks, or security incidents
Labor disputes, strikes, or lockouts
Failures of third-party service providers or suppliers

During such events, our obligations are suspended for the duration of the event.

19. Intellectual Property

19.1 Our IP

The Services, including all content, features, functionality, software, code, designs, logos, trademarks, and proprietary processes, are owned by Nesta Sites Inc. and protected by intellectual property laws.

19.2 Your Content

You retain ownership of content you provide (text, images, logos, business information). By providing content, you grant us a license to use it to deliver the Services.

19.3 License to Use Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes in accordance with these Terms.

19.4 Restrictions

You may not:

Copy, modify, reverse engineer, decompile, or create derivative works of the Services
Remove or alter any proprietary notices
Use our trademarks, logos, or branding without written permission
Resell, redistribute, or sublicense the Services

20. Data & Privacy

20.1 Privacy Policy

Your use of our Services is governed by our Privacy Policy at [nestasites.com/privacy]. By using our Services, you agree to our Privacy Policy.

20.2 Data Ownership

Your Data: You own content and data you provide
Generated Data: Data generated through your use (reports, analytics, configurations) belongs to you
Our Data: We own aggregated, anonymized data and platform analytics

20.3 Data Retention

After cancellation:

We retain your data for a limited period (typically 30-90 days)
After the retention period, data is permanently deleted
Financial and legal records retained as required by law

20.4 Data Export

You may export your data:

Through the Services
By requesting export at support@nestasites.com
You have 30 days after cancellation to export data

20.5 Backup Responsibility

While we maintain backups for operational purposes, you are responsible for maintaining your own backups of critical data.

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and Nesta Sites regarding the Services.

21.2 Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect.

21.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

21.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

21.5 Relationship

These Terms do not create a partnership, joint venture, employment, or agency relationship.

21.6 Notices

Notices to you: Via email to your account address or posted on our Services
Notices to us: support@nestasites.com

21.7 Language

These Terms are drafted in English. Any translations are for convenience only. In case of conflict, the English version controls.

21.8 Survival

Provisions that by their nature should survive termination (payment obligations, disclaimers, limitations of liability, indemnification, intellectual property, dispute resolution) shall survive.

22. Contact Information

Questions about these Terms?

Nesta Sites Inc.
73 Hillcrest Ave, Winnipeg, Manitoba, Canada

Email: support@nestasites.com
Website: nestasites.com

Agreement Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms
You agree to be bound by these Terms
You consent to receive communications from us (subject to opt-out rights in our Privacy Policy)
You understand that these Terms include mandatory arbitration and class action waiver provisions
You understand we can terminate your account at any time for any reason
You understand services are provided “as is” with no guarantees of results

If you do not agree to these Terms, do not use our Services.

Last Updated: November 5th, 2025
Effective Date: November 29th, 2024