Cloudbeds Websites Terms of Service
Cloudbeds provides website setup and website platform services to active Cloudbeds clients that choose to purchase the Cloudbeds Websites package. This service is not available for resale. This service is not available to external properties. The service consists of website setup with a corresponding one-time fee and website platform and support with a monthly fee. By purchasing Cloudbeds Websites you are accepting this agreement, and understand that the terms and conditions of this service may be updated in the future.
Definitions
“Website Service” means all of the process, actions, management, maintenance, software and support that goes into website setup, the website platform, and support.
“Website Setup” means the process and actions required to create a website including but not limited to template selection and customization, incorporating customer provided content, design work, customer review and feedback, and setting the website live.
“Website Platform” means the software used to manage and host the website.
Inclusions and Exclusions
These are the inclusions of the Website Service. Additional services, requests, and add-on features will be subject to an additional cost.
Website Setup
Website Platform
Access to Cloudbeds Websites
Website email support
Content
Property rights to share content, attributes, visual material with Cloudbeds. You are responsible to provide textual and visual materials: property description, room information, logo, images, videos, etc. The website service does not include content development, branding or logo creation. Failure to submit required content within the agreed-upon timeframe may result in additional charges.
Intellectual Property
You are responsible for all copyrighted material used on the website, including copyrighted materials purchased from third parties. Cloudbeds does not provide stock photos or any other material. By providing website content, you are aware that any elements of text, graphics, photos, designs, trademarks, artwork or other materials provided are either owned, or they have the appropriate right of use from the actual owner. You shall indemnify, defend and hold Cloudbeds harmless from any and all third party claims, damages or losses (including reasonable attorneys’ fees) related to the infringement of any intellectual property right or copyright with respect to any material provided to Cloudbeds.
Search Engine Optimization Settings
Digital Arbitrage (DA) is performing basic Search Engine Optimization (SEO) based on content provided by the property. This may include connecting and listing the property information in Google Search Console and updating related schemas and structured mark ups for better search performance across all search engines.
Digital Arbitrage may use at its discretion additional third party tools to executive performance enhancements related to search.
Unlike other advertising products this optimization does not guarantee specific results in search but follows operational best practices as recommended by search engines utilized.
Domain
Customers have the option to either purchase and manage their own domain or to purchase and host a domain through Cloudbeds. By opting to purchase a domain through Cloudbeds, you agree to the following terms:
- Customer-Managed Domains:
- You are responsible for purchasing and managing your own custom domain.
- Cloudbeds will provide instructions on how to change DNS settings to link the domain to your website.
- You are responsible for making any necessary changes in the domain settings.
- You must provide the domain expiration date during the content collection phase for tracking purposes.
- Cloudbeds-Managed Domains:
- Account and Subscription Requirements: You are responsible for maintaining an active and in-good-standing Cloudbeds subscription to keep your domain active. The domain service is contingent upon the active status of your Cloudbeds account and the associated website service.
- Domain Name Registration:
- Upon registration, you may be required to provide personal and domain-related information (“Registration Information”). This information may be shared with the registrar and otherwise in accordance with Cloudbeds’ Privacy Policy.
- WhoIs Information: Cloudbeds has the right to disclose mandatory “WhoIs” registration information publicly, including the domain name, registrant contact information, domain information (such as registrar, registration date, expiration date, updated dates, status, name servers), administrative and technical contact information, and any other required WhoIs data.
- Cancellation and Expiration:
- If your Cloudbeds account or the website service is cancelled, the domain will expire on its annual renewal date.
- You may request a transfer of the domain at any time prior to expiration, provided your Cloudbeds account is in good standing at the time of the request.
- No refunds will be given for domain purchases, all sales are final.
- Domain Transfer Process: Upon your request to transfer the domain, Cloudbeds will initiate the transfer process. This includes unlocking the domain, providing you with the necessary authorization code (Auth Code), and removing any privacy settings associated with the domain.
- No Liability for Expired Domains: Cloudbeds is not liable for any loss or inconvenience caused by the expiration of the domain following the cancellation of your account or website service. It is your responsibility to ensure timely transfer requests and account management to prevent domain expiration.
- No Email Services: Please note that email services are not included with the domain purchase and hosting through Cloudbeds. Customers requiring email services must set this up independently through providers such as Microsoft 365 or Google Workspace.
- Domain Name Services Availability and Warranties:
- The domain name services are provided on an “as is” and “as available” basis. Cloudbeds makes no warranties regarding the domain name services, including any warranties that the services will be uninterrupted, error-free, or meet your needs.
- Cloudbeds cannot approve or guarantee the allocation of any requested domain name. You assume all liability for chosen domain names.
- Registration of a domain name does not create any proprietary right for you.
- Domain names may be challenged by third parties, and Cloudbeds will not be responsible or involved in any such challenges.
- Cloudbeds may suspend or cancel domain name services or the use of a particular domain name at any time to resolve a dispute, comply with the incorporated agreements, or remedy a mistake made by any party.
- Fees for Domain Name Services:
- The fee for domain name services is $20 per domain per year. This fee is charged to your Cloudbeds account upon purchase and annually upon renewal.
- Company Warranties:
- You represent and warrant that your domain names do not violate any third-party rights, are not confusingly similar to other commercial names or registered trademarks, and do not violate any applicable laws, regulations, or terms in any of the incorporated agreements.
By purchasing and hosting a domain through Cloudbeds, you acknowledge and agree to these terms. For any questions or support regarding your domain, please contact our support team
Accessibility Compliance
You further acknowledge, understand, and agree that if your use of Digital Arbitrage Services requires you to comply with any specific industry related legal, regulatory, or compliance obligations, including but not limited to the Americans with Disabilities Act (“ADA”), you are solely responsible for compliance with any such legal or regulatory obligations..
For US Properties Cloudbeds may utilize a third party that optimizes the experience, ensures adherences to the accessibility standards. These services may include testing, remediation and monitoring related to accessibility compliance. Property remains fully responsible.
For Properties outside the United States as above but optional add-on.
Billing
The Cloudbeds Websites Service charges are added to your Cloudbeds billing portal and charged according to the configured payment method. Payments are non-refundable.
Service Termination
Cancellation of your Cloudbeds Subscription
Cancellation of the customer’s Cloudbeds subscription will result in the automatic cancellation of Cloudbeds Websites service. In the event of a cancellation, your website will be unpublished immediately.
Suspension of your Cloudbeds Subscription
Suspension of the customer’s Cloudbeds subscription will result in the automatic suspension of Cloudbeds Websites service. In the event of a suspension, your website will be unpublished immediately.
Cloudbeds will retain the unpublished website copy for 6 months from the date of suspension. After this period, the website copy will be deleted. Cloudbeds account reactivated within 6 months from the time of suspension may also reactivate the Cloudbeds Websites service.
Removal of Cloudbeds Websites
To end your Cloudbeds Websites service only, you should reach out to the Cloudbeds support team at support@cloudbeds.com. This service will be canceled and the website will be unpublished. The monthly charges will be removed from your Cloudbeds package and you will lose access to the Cloudbeds Website Builder. All payments are non-refundable.
Site export or data transfer of any kind is not supported. You are responsible for saving content manually if needed.
Cloudbeds reserves the right at any time to change or discontinue the Cloudbeds Websites Service with or without notice. You agree that Cloudbeds shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service. Cloudbeds reserves the right to refuse, cancel the service if the Cloudbeds policies and restrictions are violated
If the services are listed and offered at an incorrect price or with incorrect information, Cloudbeds reserves the right to refuse or cancel orders placed for that service, whether or not the order has been confirmed and even if your account has been charged (in which event credit will be issued to your account in the amount of the charge). Cloudbeds creation or transmission of order confirmation does not signify acceptance of the order, nor constitute a binding confirmation of an offer to sell the service. Cloudbeds reserves the right to accept or decline an order for any reason. Cloudbeds may contact you and require additional information before Cloudbeds grants such approval.
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LIABILITY LIMITATIONS, APPLICABLE LAW, AND VENUE
These Terms are subject to the limitations of liability in Section 11 of the Terms of Service. For clarification, the liability limitations and all other provisions of Section 11 of the Terms of Service will also apply to these Terms, and all references to “Services” in Section 11 of the Terms of Service will also apply to the Services governed by these Terms.
These Terms are subject to the applicable law and venue provisions in Section 12 of the Terms of Service. For clarification, applicable law and venue provisions of Section 11 of the Terms of Service will also apply to these Terms, and will govern any disputes that may arise between you and Cloudbeds in connection with these Terms.
Communications
1. Emails.
You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Cloudbeds’ ongoing business relations. Please note that any opt-out by you is limited to the e-mail address, device, or phone number used and will not affect subsequent subscriptions.
2. SMS/MMS Messaging Terms & Conditions.
A. The Program.
We may offer one or more mobile messaging programs (each, a “Program”). By opting in to one or more text messaging Programs, you:
(i) consent to receive non-marketing and marketing text messages from us and others on our behalf, including text messages made with an autodialer, at the telephone number(s) that you provide; and
(ii) agree that the Programs are subject to the SMS/MMS messaging terms and conditions set forth in this Section 2 (“SMS Terms”), these Terms, and our Privacy Policy (collectively, the “SMS/MMS Agreement”).
Your agreement to this SMS/MMS Agreement includes your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This SMS/MMS Agreement is limited to the Program and is not intended to modify these Terms or our Privacy Policy that may govern the relationship between you and us in other contexts.
B. Program Description.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages relating to the marketing, sale, and promotional material related to the sale of our products and services available through our Site.
C. Eligibility.
To receive our text messages, you must be a resident of the United States and be 13 years of age or older.
D. User Opt In.
To opt-in to receive text messages from one of our Programs, please follow the instructions provided via the Site. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Note that message and data rates may apply.
E. User Opt Out.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. Note that all message and data rates may apply.
F. Cost and Frequency.
Your mobile carrier message and data rates may apply to communications we send you via the Program and any messages that you send to Cloudbeds. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
G. Program Support.
If you have any questions or need any support regarding the Program, including help with opting out of the Program, please text “HELP” to the number you received messages from or [email us at xxxxxxx]. Opt-outs must be submitted in accordance with the procedures set forth above. Note that all message and data rates may apply.
H. Program User Notification and Indemnification.
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible to notify us immediately if you change your telephone number, cancel your service plan, or transfer your phone number to another party. You can do so by completing the User Opt Out process set forth above prior to ending your use of the mobile telephone number or by changing the number on your profile for the website associated with the Program(s) you opted into. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without first opting out of the Program, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
I. MMS Disclosure.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
J. Our Disclaimer of Warranty.
The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
