Terms & Conditions Subcription Service
These Terms and Conditions (“Agreement”) govern the use of the subscription services provided by Blue Sky Web Design LLC (“Company”) to the subscriber (“Subscriber”) for Web Hosting Services, SEO Services, and/or Google Workspace Subscription Services. By subscribing to our services, you acknowledge and agree to the terms outlined below:
1. Subscription Packages:
a. The Company offers three subscription packages: three, six, and twelve-month packages.
b. The Company offers the following subscription services: Standard Hosting, Premium Hosting, E-commerce Hosting, SEO Core Services, SEO Local Services, and Google Workspace Subscription Services.
b. The Subscriber shall select the desired subscription package at sign-up time.
c. The selected subscription package shall be paid for in full at the subscription time.
2. Payment and Fees:
a. The Subscriber shall pay the fees associated with the selected subscription package per the Company’s pricing and payment terms.
b. Payment shall be made in advance for the entire duration of the selected subscription package.
c. All fees are non-refundable, regardless of the Subscriber’s usage or termination of services during the subscription period.
3. Service Provision:
a. The Company shall provide web hosting, SEO, and Google Workspace services as outlined in the selected subscription package.
b. The Company shall make reasonable efforts to ensure the accessibility and reliability of its services but does not guarantee uninterrupted or error-free service.
c. The Subscriber acknowledges that certain factors beyond the Company’s control may affect the performance and availability of the services.
4. Subscriber Responsibilities:
a. The Subscriber shall provide accurate and complete information required to provide services.
b. The Subscriber is responsible for maintaining the security of their account login credentials.
c. The Subscriber shall comply with all applicable laws and regulations in using the services.
d. The Subscriber shall not engage in illegal, unethical, or abusive activities while using the services.
5. Work Product Ownership:
a. The Company retains all rights, title, and interest in any intellectual property associated with the services, including but not limited to trademarks, copyrights, and trade secrets.
b. Any copyrightable work, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product) developed in whole or in part by Blue Sky Web Design LLC in connection with the Services shall be the exclusive property of the Subscriber.
6. Termination:
a. Either party may terminate this Agreement with prior 30-day written notice to the other party.
b. Upon termination, the Subscriber’s access to the services shall cease, and no refunds or credits shall be provided.
c. The Company reserves the right to terminate the Agreement immediately, without notice, if the Subscriber breaches these Terms and Conditions.
7. Limitation of Liability:
a. The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or in connection with the services provided under this Agreement.
b. The Company’s total liability, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the Subscriber for the subscription package.
8. Modifications:
a. The Company reserves the right to modify or update these Terms and Conditions at any time.
b. Any modifications or updates shall be communicated to the Subscriber via email or the Company’s website.
c. Continued use of the services after the modifications or updates will be deemed as acceptance of the revised Terms and Conditions.
9. Governing Law and Jurisdiction:
a. This Agreement shall be governed by and construed by the laws of the jurisdiction of the State of Georgia.
b. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
10. Standard Hosting Package Additional Charge:
a. The Standard Hosting Package includes a provision for customization and additional work rendered beyond the scope of the package.
b. In such cases, the Subscriber shall be notified in advance, and a charge of $50 per hour for the additional work shall apply.
c. The Subscriber agrees to pay the additional charges associated with the customization or extra work requested, which the Company will invoice separately.
Please note that this additional charge is specific to the Standard Hosting Package and does not apply to other subscription packages.
11. Custom Software:
a. Custom software development services provided by Blue Sky Web Design LLC shall be billed annually and separately from the subscription rate.
b. The pricing and payment terms for custom software development services shall be mutually agreed upon between the Company and the Subscriber.
c. The Subscriber acknowledges that custom software development services are not included in the subscription packages and will be subject to a separate agreement and payment terms.
Please note that any custom software development services will be governed by a separate agreement and payment terms distinct from the subscription services.
12. Laws Affecting Electronic E-commerce:
The Subscriber agrees that the Subscriber is solely responsible for complying with laws, taxes, and tariffs that government enacts and fixes from time to time in connection with Internet electronic commerce and shall indemnify, hold harmless, protect, and defend Blue Sky Web Design LLC and its subcontractors from any cost, claim, suit, penalty, tar, or tariff, including attorney’s fees, costs, and expenses, arising from the Subscriber’s exercise of Internet electronic commerce.
13. Subscription Expiry and Re-activation:
a. Subscriptions that remain expired for more than 30 days will be automatically deleted, and all associated data and services will be permanently suspended and/or removed.
b. In the event of subscription deletion due to expiry, the Subscriber will be required to pay a re-activation fee of $100 to reinstate the subscription and regain access to the services.
c. The re-activation fee will be invoiced separately and paid in full before reinstating the subscription.
Please note that the Subscriber’s responsible for ensuring the timely renewal of their subscription to avoid deletion and associated re-activation fees.
By subscribing to our services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.