Terms of Service
These terms govern the website services provided by NH Media LLC under the NH Media Web name. A plain-English summary of the same commitments lives on our policies page.
These Terms of Service ("Terms") form an agreement between NH Media LLC ("NH Media," "we," "us," or "our") and the business or person who subscribes to our services ("Client," "you," or "your"). By subscribing to a plan, making a payment, or continuing to use the Services, you agree to these Terms. If you do not agree, do not subscribe.
1. Definitions
"Services" means the website design, development, hosting, maintenance, content updates, search optimization work, and related services provided by NH Media under a subscription plan.
"Site" means the website NH Media builds, hosts, and operates for you under a subscription plan.
"Demo" means any website NH Media builds and presents at no charge before a subscription begins, including a preliminary concept site and the full pre-launch build presented for your review and approval.
"Client Materials" means the business name, logos, marks, photographs, text, product or service information, customer data, and other materials you supply or authorize us to use.
"Plan" means the subscription tier you select, along with its published monthly price and scope of service.
2. The Demo and the Pre-Launch Build
NH Media may build and present a Demo at its own expense and on its own initiative. A Demo is provided free of charge. It creates no obligation for you to subscribe, no obligation to pay, and no exclusivity of any kind. This applies through the entire pre-launch process: information you provide for the build, revision rounds, and the finished site presented for approval all remain free of charge and without obligation until you choose to subscribe. A subscription begins, and the first charge occurs, only when you approve the finished site and complete checkout to launch it.
A Demo remains the property of NH Media. It is hosted at a temporary address, is not a delivered work product, and may be taken offline at any time. Client Materials that appear in a Demo remain yours, and NH Media will remove any Client Material from a Demo promptly on request.
Nothing in a Demo, a conversation about a Demo, or a written proposal constitutes a guarantee of search rankings, traffic, leads, revenue, or any other business result.
3. Subscription and Term
The Services are offered to businesses based and operating in the United States. NH Media may decline to provide a Demo or the Services to any prospective client, at its discretion, where not prohibited by law.
Subscriptions are month to month. There is no minimum term, no annual commitment, and no early-termination fee. A subscription renews automatically each month on your billing date until cancelled by either party.
The Plan you select determines the scope of Services. Published Plan descriptions on our pricing page are incorporated into these Terms. Where an individual written agreement between you and NH Media states something different, that written agreement controls for your account. You may change Plans at any time; a change takes effect at your next billing date, with no proration, and on an upgrade NH Media may begin the additional work immediately.
4. Fees, Billing, and Taxes
Subscription fees are stated in United States dollars and charged monthly in advance. Payment is processed by a third-party payment processor. NH Media does not receive, handle, or store your full payment card number.
Your first charge occurs at the checkout you complete after approving your finished Site, and it is the first month of Services. It is not a build fee, a setup fee, or a construction invoice. NH Media does not charge a separate setup fee, and nothing is charged for the Demo, the build, or revisions before that checkout. Where you have commissioned logo design as a separately agreed one-time service, its one-time fee is added to that first checkout and itemized as its own line.
You authorize recurring charges to your payment method until you cancel. Receipts are issued for every charge. A self-serve billing portal is provided so you may update your payment method, retrieve invoices, and cancel without contacting us.
If a payment fails, the payment processor may retry the charge over the following days. NH Media will attempt to contact you before Services are suspended. NH Media may suspend or terminate Services for an account that remains unpaid after reasonable notice. During any suspension for non-payment, your domain will not be left pointing at an error page: for as long as it points to our hosting, we serve a simple placeholder with your business name, phone number, and hours, and full Services resume promptly once payment is resolved.
NH Media may change Plan pricing with at least 30 days' written notice to the email address on your account. If you do not accept a price change, you may cancel before it takes effect and no further amounts will be charged.
Applicable sales or use taxes are added where required and shown at checkout and on your receipt.
Fourteen-day guarantee. If this is your first subscription with NH Media and you cancel within 14 days of your website going live on your domain, NH Media will refund everything you have paid, in full, without conditions. The 14 days are counted from the day the Site is live on your domain, not from the day you paid, so time spent completing your domain setup never counts against you; until the Site has gone live, the guarantee remains open. The guarantee applies once per client, to the first subscription. On a guarantee refund the Site comes offline at the time of the refund; your domain and Client Materials are unaffected. A guarantee refund includes any one-time logo design fee paid at that checkout, in which case the logo assignment described in Section 6 does not complete and the mark remains NH Media's.
Beyond the fourteen-day guarantee, and except where required by law, subscription fees already paid are non-refundable. Services continue through the end of any period you have paid for.
5. Cancellation
You may cancel at any time by emailing hello@nhmediaweb.com or by cancelling in the billing portal. No reason is required and no cancellation fee applies.
On cancellation, recurring billing stops and Services continue through the end of the period already paid for. After that date, NH Media will take the Site offline. However Services end, NH Media keeps an archived copy of the Site for at least six months and can restore it on request within that period; where Services ended over non-payment, restoration follows payment resuming. After that period, NH Media may delete the archived copy and the associated hosting environment, code, configuration, and backups.
Your domain name is unaffected by cancellation and remains registered in your name. On written request made within 30 days of the end of Services, NH Media will return copies of the assets, images, and text you supplied, in a common, non-proprietary format; later requests are honored where the files are still available. NH Media is not required to deliver page copy it authored, source code, templates, build tooling, design files, or hosting configuration.
NH Media may terminate or suspend Services with 30 days' written notice for any reason, or immediately for non-payment, unlawful use, abuse of our staff, or a breach of Section 7. If NH Media terminates without cause, we will refund any prepaid amount covering the period after the Site goes offline.
6. Intellectual Property and Ownership
Your property. Client Materials remain yours. Your domain name, business name, logos, marks, photographs, supplied text, customer data, and contact-form submissions are and remain your property. Where you commission logo design from NH Media as a separately agreed one-time service, NH Media assigns the finished mark and its delivered files to you on full payment of the one-time logo design fee, and you may continue to use the mark after Services end. A wordmark or mark NH Media sets as part of the Site's design, without a commissioned logo engagement, is part of the Site design under "Our property" below.
Our property. NH Media retains all right, title, and interest in the Site's source code, markup, stylesheets, scripts, templates, design system, build tooling, hosting configuration, and any component, library, or method NH Media developed before or independently of your project. The written page copy NH Media produces for the Site and the imagery NH Media sources for it are also NH Media's property. These materials are licensed to you for use only for the duration of an active subscription and are not delivered to you. This license ends when Services end.
License to us. You grant NH Media a non-exclusive license to use, reproduce, adapt, and publish Client Materials solely to build, host, operate, maintain, and promote your Site during the term of the Services.
Portfolio use. NH Media will not publish your business as a client reference, case study, or portfolio item without your permission.
If you want ownership of the Site's code, tell us before or during the engagement and we will quote a separate buyout or custom-development project. Absent such a written agreement, code ownership stays with NH Media.
7. Client Responsibilities
You agree that:
- You own or have the right to use all Client Materials you supply, including photographs, logos, fonts, reviews, and text, and that supplying them to us does not infringe anyone's rights.
- Information you provide for publication, including hours, prices, licenses, certifications, and service claims, is accurate and lawful for your trade and jurisdiction.
- Your domain name is registered in your name, in your own registrar account, and you will keep that account in good standing. NH Media may handle registration and setup on your behalf; the registration is always made in your name and is never held in NH Media's account.
- You will not use the Services for unlawful, deceptive, infringing, or harmful purposes, or to publish content that is defamatory, fraudulent, or prohibited by applicable law.
- You will respond within a reasonable time to requests for content, approvals, or access that the Services require.
- You are responsible for compliance obligations specific to your industry, including any licensing disclosures, professional advertising rules, accessibility obligations that apply to your business, and regulations that govern your products or services.
You indemnify and hold harmless NH Media against claims, damages, and reasonable costs arising from Client Materials you supplied or from your breach of this Section 7.
8. Scope of Services and Change Requests
Each Plan includes the edits and updates described on the pricing page. Requests that materially exceed the Plan scope, including full redesigns, e-commerce builds, custom applications, new integrations not listed in your Plan, or additional business locations, are quoted separately in writing and begin only after you accept the quote.
Turnaround estimates published on this site are targets, not guarantees. NH Media makes reasonable efforts to meet them and will tell you promptly when something will take longer.
9. Third-Party Services
The Services rely on third-party providers for hosting, content delivery, certificate issuance, payment processing, email delivery, analytics where used, and any integration you request such as booking, ordering, mapping, or review platforms. Those providers operate under their own terms and privacy policies. NH Media is not responsible for a third-party provider's outage, pricing change, policy change, data handling, or discontinuation of a product, but will work in good faith to find a replacement when one is needed.
Subscriptions you hold directly with third parties, including your domain registrar, booking software, or point-of-sale system, are billed by those parties and are not included in your Plan fee.
10. Availability and Support
NH Media aims for continuous availability of hosted Sites and monitors for outages, but does not offer a guaranteed uptime percentage or service-level credit. Scheduled maintenance is performed at low-traffic times where practical.
Support is provided by email at support@nhmediaweb.com during ordinary business days.
11. No Guarantee of Results
Search rankings, traffic, impressions, phone calls, form submissions, bookings, and sales depend on factors outside our control, including search engine behavior, competition, seasonality, reviews, pricing, and your own operations. NH Media does not guarantee any specific outcome and makes no representation that any particular ranking or volume of business will result from the Services.
12. Disclaimer of Warranties
Except as expressly stated in these Terms, the Services are provided "as is" and "as available." To the maximum extent permitted by law, NH Media disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. Some jurisdictions do not allow certain disclaimers, and in those places this section applies only to the extent permitted.
13. Limitation of Liability
To the maximum extent permitted by law, NH Media is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost data, or loss of goodwill, arising from or relating to the Services, even if advised of the possibility.
To the maximum extent permitted by law, NH Media's total aggregate liability arising from or relating to the Services is limited to the total subscription fees you actually paid to NH Media in the three months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law.
14. Confidentiality
Each party may receive non-public information from the other, including account credentials, pricing, customer lists, and business plans. Each party will protect that information with reasonable care, use it only to perform or receive the Services, and not disclose it to others except to personnel or providers who need it and are bound by similar obligations, or where disclosure is required by law.
15. Data and Privacy
NH Media's handling of personal information is described in our Privacy Policy, which forms part of these Terms. Contact-form submissions and customer inquiries generated by your Site belong to you. NH Media does not sell, rent, or share them.
16. Changes to These Terms
NH Media may update these Terms. Material changes affecting active subscribers are communicated by email to the address on the account at least 30 days before they take effect. Continuing to use the Services after the effective date means you accept the updated Terms. If you do not accept them, you may cancel before they take effect.
17. Assignment and Independent Contractor Status
You may not assign these Terms without NH Media's written consent, except to a successor of your business that continues the same operations. NH Media may assign these Terms in connection with a merger, acquisition, or sale of assets. NH Media performs the Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
18. Force Majeure
Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, including natural disasters, severe weather, war, civil unrest, labor disputes, government action, internet or utility failures, or failures of upstream service providers.
19. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, excluding conflict-of-law rules, unless mandatory law requires otherwise.
To the maximum extent permitted by law, any dispute, claim, or proceeding arising from or relating to the Services or these Terms must be brought exclusively in the state courts located in Dallas County, Texas, or in the United States District Court for the Northern District of Texas, Dallas Division. Each party consents to personal jurisdiction and venue in those courts and waives objections based on inconvenient forum, except where mandatory law gives a party a non-waivable right to bring a claim elsewhere.
Before filing a claim, each party agrees to contact the other in writing and attempt in good faith to resolve the matter for at least 30 days.
20. Entire Agreement and Severability
These Terms, the Privacy Policy, the published Plan descriptions, and any individual written agreement signed by both parties form the entire agreement about the Services and supersede prior discussions and proposals. If a provision is held unenforceable, the rest remains in effect and the unenforceable provision is applied to the greatest extent permitted. A failure to enforce a provision is not a waiver of it.
21. Contact
Questions about these Terms may be sent to hello@nhmediaweb.com. NH Media Web is a service of NH Media LLC.