Terms of Service
BlogTec Solutions OÜ
Viru väljak 2
10111 Tallinn
Estonia
In the following called “BlogTec”, “Company”, “We”, “Us”, “Our”.
E-Mail: info[at]blogtec.io
Last updated: 03.11.2022
Your access to and use of our Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our Service.
By accessing or using our Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access our Service.
1. Billing Address
For the purpose of correctly charging VAT, Client must include the correct billing address/country. For a business (taxable person) it is either the country where the company is registered or the country where it has fixed premises receiving the Service. For a consumer (non-taxable person) it is the country where they are registered, have their permanent address, or usually live.
2. Obligation of Client to Cooperate
Client shall ensure that all materials and access necessary for the performance of Company’s activities are made available to Company on time.
3. Granting of Rights of Use
(1) Company grants Client the rights of use of the ordered Service’s delivery, unlimited in space and time, to ideas, drafts, designs and work results, unless otherwise agreed.
(2) The rights of use shall only be transferred to Client upon full payment of the remuneration.
4. Confidentiality
(1) For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word “Confidential” or let Company know with a similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall provide writing indicating that such oral communication constituted Confidential Information.
(2) Receiving Party’s obligations under this Agreement do not extend to information that is:
- publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party;
- discovered or created by the Receiving Party before disclosure by Disclosing Party;
- learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or
- is disclosed by Receiving Party with Disclosing Party’s prior written approval.
(3) Receiving Party shall hold and maintain the Confidential Information in confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall limit access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign non-disclosure agreements.
5. Results & Guarantees
Client understands and agrees that Search Engines such as Google, Ask, Bing and Yahoo, etc. are third-party websites that Company has no control over and Company’s Services are only confined to optimizing the Client’s website with the best possible legit method. Company does not give any guarantee on traffic and ranking results.
6. Liability
(1) All links, content, and other briefing input provided by Client have been reviewed and approved by Client. Under no circumstances will Company be liable for Client’s content, links, or briefing inpit, including, but not limited to, for any errors or omissions in the Client’s Content, or for any loss or damage of any kind.
(2) Client guarantees that any elements of text, graphics, photos, designs, audios, videos, trademarks, or other artwork provided to Company for inclusion in the Services are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Company and its subcontractors from any claim or suit arising from the use of such elements furnished by Client. Company or its subcontractors will not be liable for any Copyright infringements, arising of any elements provided by Client.
(3) Company’s Service may contain links to third-party websites or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Client further acknowledges and agrees that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. Company strongly advises Client to read the terms and conditions and privacy policies of any third-party websites or services that are linked in the delivered Services.
(4) When permitted by law, Company, and all its suppliers, vendors, partners, associates, staff, officers, subcontractors, and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
(5) In all cases, Company, and its suppliers, vendors, partners, associates, staff, officers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
(6) Company recognizes that in some countries, Client might have legal rights as a consumer. If Client is using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
7. Indemnification:
(1) To the extent permitted by law, the total liability of Company, its suppliers, vendors, partners, associates, staff, officers, distributors, and subcontractors for claims of any kind, including for any implied warranties, is limited to the amount Client paid Company for the Services.
(2) If these Terms are breached by Company’s subcontractors, Client shall wave the right to make Company liable, but instead should make the subcontractor liable.
(3) The total liability of Company, its suppliers, vendors, partners, associates, staff, officers, distributors, and subcontractors, in any case, should not exceed 5000 EUR, even if Client paid a higher amount for the Services.
8. Termination
(1) Company may terminate or suspend access to its Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if Client breaches the Terms.
(2) All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Subscriptions
(1) Some parts of Service are billed on a subscription basis (“Subscription(s)”). Client will be billed in advance on a recurring and periodic basis (“Billing Period). At the end of each Billing Period, Client’s Subscription will automatically renew under the exact same conditions unless Client cancels it or Company cancels it. Client shall cancel Subscription through Company’s web application. If Client cancels Subscription, it will be active within the Billing Period, after the end of which it will be automatically deactivated.
(2) A valid payment method, including credit card, is required to process the payment for Subscription. Client shall provide Company with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, Client automatically authorizes Company to charge all Subscription fees incurred through Client’s account to any such payment instruments.
(3) Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that Client must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
(4) In the checkout, Client might be asked to agree to our additional Subscription Agreement.
10. Fee Changes
Company in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Period.
Company will provide Client with a reasonable prior notice of any change in Subscription fees to give Client an opportunity to terminate the Subscription before such change becomes effective.
Client’s continued use of Service after a Subscription fee change comes into effect constitutes Client’s agreement to pay the modified Subscription fee amount.
11. Refunds
Company has no obligations to offer refunds. In specific cases, exceptions might be made.
12. Changes to Service
(1) Client’s use of the Service is at Client’s sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
(2) Company reserves the right to withdraw or amend its Service, and any service or material it provides via Service, in its sole discretion without notice. Company will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of Service, or the entire Service, to users, including registered users.
13. Error Reporting and Feedback
Client may provide Company directly with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). Client acknowledges and agrees that:
- Client shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
- Company may have development ideas similar to the Feedback;
- Feedback does not contain confidential information or proprietary information from Client or any third party; and
- Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, Client grants Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
14. Governing Law
(1) These Terms shall be governed and construed in accordance with the laws of Estonia without regard to its conflict of law provisions.
(2) Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Company and Client regarding Company’s Service, and supersede and replace any prior agreements the parties might have made regarding the Service.
15. Changes to Terms
(1) Company reserves the right to modify or replace these Terms at any time. If a material change happens, Company will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Company’s sole discretion.
(2) By continuing to access Company’s Service after those revisions become effective, Client agrees to be bound by the revised terms. If Client does not agree to the new terms, Client shall stop using the Service.
16. Acknowledgement
By using Services provided by Company, Client acknowledges that Client has read these terms of service and agrees to be bound by them.