By clicking on the “Submit Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Blog Consulting site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Blog Consulting Site” refers to the Site located at the URL http://www.blogconsulting.com, or any other successor Sites owned or maintained by Blog Consulting.
CONTACT INFORMATION:
- You agree to provide Blog Consulting with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to Blog Consulting in order to receive or to continue receiving services. Further, you agree to provide Blog Consulting with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.
PAYMENT OBLIGATIONS:
- Service Fees. By the Second (2nd) of each month, Blog Consulting shall either (i) debit Client’s credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Blog Consulting by no later than 15 days after the specified payment due date. Blog Consulting shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to Blog Consulting. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Blog Consulting for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if Client’s account is canceled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.
REFUND AND DISPUTES:
- All payments to Blog Consulting are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Blog Consulting according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in Blog Consulting’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Blog Consulting an “Administrative Fee” of not less than $75 and not more than $200.
CLIENT LIABILITY AND INDEMNIFICATION:
- The parties agree that in no event shall Blog Consulting be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Blog Consulting from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
HARASSMENT AND ABUSE:
- Blog Consulting does not tolerate abuse of any kind towards it’s employees. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at Blog Consulting or any of it’s staff or agents. Client agrees to engage with Blog Consulting in a professional manner whether in email, helpdesk tickets, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
TERM, TERMINATION & REINSTATEMENT:
- Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the end of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void.
- If Client terminates its account, Client shall be allowed to re-instate Client’s use of the Services at any time. Client’s account will be activated within Forty-Eight (48) business hours. If Client’s account information no longer exists in Blog Consulting’s billing database, Client will need to place a new order if it wishes to subscribe to the Services.
FORCE MAJEURE:
- You agree that Blog Consulting is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
TAXES:
- Client will pay and indemnify and hold Blog Consulting harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
DISCLAIMER OF WARRANTY:
- THE SERVICES, THE BLOG CONSULTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE BLOG CONSULTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. BLOG CONSULTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLOG CONSULTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
LIMITATION OF LIABILITY:
- IN NO EVENT SHALL BLOG CONSULTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE BLOG CONSULTING SITE OR ANY BLOG CONSULTING PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL BLOG CONSULTING CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US).
MISCELLANEOUS:
- If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Blog Consulting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Blog Consulting’s policies are subject to change by Blog Consulting without notice. Continued usage of the Services after a change to this Agreement by Blog Consulting or after a new policy is implemented and posted on the Blog Consulting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the BlogConsulting.com Site for any changes or additions.
