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Terms & Conditions

  1. Terms & Conditions
    The following Terms and Conditions (referred to as T&C) are exclusively an integral part of all contractual relationships with Blue Media Marketing, Inc. (referred to as Blue Media or service provider) for the service of Web Development, Search Engine Optimization (SEO), the contract client above (hereinafter referred to as “the Client”) or other outlined services. This agreement will be construed in accordance with and governed by the laws of the California, without regard to conflict of laws rules applied in the State of California. The parties hereto hereby consent to personal jurisdiction and venue exclusively in the State of California, County of San Diego, with respect to any action or proceeding relating to this Agreement.
    Due to constant changes in economic environment variables, such as changes in data protection and privacy laws, Blue Media has the right to update these T&C as follows: In the event of such updates, Blue Media will notify the Client. After receiving the updated T&C, the Client has the right to object to these new T&C within 14 days in writing. If the Client claims its right to object, the company has the right to terminate the contract immediately, especially if the old T&C no longer meet the legal requirements in the state of California, USA. Notwithstanding the foregoing, if Blue Media elects to enforce its rights under this Agreement in the country of residence of the defendant, Blue Media expressly reserves the right and option to assert its claims in accordance with, and to have such claims adjudicated by, the laws, jurisdiction, and courts of that particular country. This choice of jurisdiction shall not prejudice the substantive rights of any party under this Agreement. If Blue Media opts to enforce its rights under this Agreement in the defendant’s country of residence, the Agreement shall be translated into the official language of that respective country, Blue Media expressly reserves the right to invoke the jurisdiction and courts of that country, and the validity of the translated Agreement will then be evaluated under the laws of that country. Regardless of the governing jurisdiction or applied language, this choice shall not compromise or unfavorably affect the fundamental rights accorded to any party under this Agreement. The Agreement’s substantive terms and conditions shall remain consistent and be respected in all jurisdictions, to the extent that they are recognized and enforceable under the respective country’s laws.
  2. Service Rights
    2.1. Blue Media reserves the right to exercise discretion in accepting any subscription agreements that are signed and submitted. This right is inherent to Blue Media’s operational policies, ensuring the alignment of client needs with the service capabilities and business objectives of Blue Media. In instances where Blue Media opts not to render services following the submission and signing of a subscription agreement, and provided that no services have been rendered to the client, Blue Media commits to issuing a full refund of any payments received in relation to the said subscription.
    2.2. Employees, representatives or contractors of Blue Media are not entitled to make any agreements which differ from these terms or any other agreements, such as performance or quote agreements, guarantees or promises for any services, and similar. Amendments and deviating agreements require the written approval of the top management such as the managing partners, members of the incorporation, or the CEO.
  3. Client Obligations
    3.1. Blue Media is a modern provider that uses modern tools. The Client agrees that the communication with Blue Media takes place using email and ensures that the Client regularly checks and converses with Blue Media through email. The Client agrees that their responsibility is to retrieve, respond and read emails, thus the Client expresses explicit agreement that Blue Media sends all kinds communication through email such as letters, invoices, deliverables reports, inquiries, feedback of any kind overall, and more.
    3.2. The Client shall respond promptly to any reasonable requests from Blue Media for instructions, information or approvals required by Blue Media to provide services. A reasonable respond time is considered 3 business days. The Client shall cooperate with Blue Media in its performance of the services and provide access to the Client’s premises (e.g. accounts, logins, website hosting) that are required to enable Blue Media to provide the services and take all steps necessary, including obtaining any required licenses or consents, to prevent the Client-caused delays in Blue Media’s provision of the services.
    3.3.The Client has a duty to cooperate throughout the campaign. This includes meetings/calls, decisions, responses, access to accounts, and more. If no meetings have been scheduled, the Clients submits the obligation to cooperate to arrange meetings. If the Client does not cooperate partially or in full, which leads to an impairment of the production/deliverables, this does not release the Client from its payment obligations.
    3.4. The Client must respond to requests, approval requests, inquiries, deliverables and similar within 3-5 workdays in order to support Blue Media’s service efforts.
    3.5. Upon request, the Client must complete a questionnaire containing questions about the invoicing office, billing address, company address, company data (such as EIN, registration location, legal form), contact persons and/or similar.
    3.6. The Client agrees to have no right to dispute invoices and any kind of outstanding payments to Blue Media based on services that were provided more than 10 days ago, and to which no dispute or any kind of complaint or action have been addressed or reported concerning a refusal or restriction of outstanding payments to or expected invoices from Blue Media.
    3.7. Campaigns overall cannot be paused, and the Client is obliged to continue campaigns without interruption as outlined in this agreement. Under specific circumstances Blue Media can make exceptions when requested by Client, for example by providing an amendment. If the campaign is paused with the consent of both parties — especially Blue Media — the following rule applies: The campaign length/period will be extended by the same length of the campaign pause length/period. For instance, if the campaign was set to end on July 5th, and the campaign is paused for the length of 31 days, then the end of the campaign automatically becomes August 5th (31 days later).
  4. Fees and Expenses
    4.1. Official campaigns start is after a payment or prepayment has been made, unless agreed otherwise.
    4.2. Payments are due 10 days after each invoice and period of service via check — or other forms of payment if provided by Blue Media.
    4.3. Except for invoiced payments that the Client has successfully disputed, all late payments shall bear interest at the lesser of the rate of 5% per month, calculated daily and compounded monthly. The Client shall also reimburse Blue Media for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees and costs Blue Media incurs should the Client breaches the contract by failing to pay as agreed, and bill collector’s fees. In addition to all other remedies available under this agreement or at law (which Blue Media does not waive by the exercise of any rights hereunder), Blue Media shall be entitled to suspend the provision of any services if the Client fails to pay any fees when due hereunder and such failure continues for 30 days or less following written notice thereof.
    4.4. This point ensures that Blue Media is not being sued for unreasonable reasons, for example only for the purpose of causing tremendous costs and damage to Blue Media with lawsuits that have no ground. Therefore, for all allegations against Blue Media that were decided in favor of Blue Media, either in a United States Court or any other form of legal process such as arbitration, the Client shall reimburse Blue Media for all costs incurred, without limitation, including attorneys’, experts, witnesses, and court fees.
    4.5. Paid Search campaign fees only include Blue Media’s fees and not the budget or budget spent to third parties such as Google and others.
  5. Services
    5.1. All listed and provided items/deliverables are examples of deliverables and can be modified, changed or skipped by Blue Media. Blue Media will determine deliverables and items based on individual strategies to provide a successful campaign.
    5.2. Blue Media reserves the right to modify web properties of the Client in such a way that they meet the optimization requirements set by Blue Media and support the Client’s objectives. If the Client has instructions by external service providers (e.g. an external web or marketing agency) not to modify web properties, a written agreement must be made beforehand. If no agreement is made, Blue Media assumes conscientious changes to the existing web properties are in the interests of the Client.
    5.3. Blue Media can place links (URLs) of the Client’s websites on selected which can be a part of a backlink campaign to support the Client’s visibility efforts, external or internal websites during or even after the service phase. The client has no claim to influence the design of the links. Blue Media reserves the right to modify or remove these links at any time.
    5.4. The goal is to increase visibility in the web if SEO/SEM services are included. For this reason, no specific number of search engines are agreed with the client for which an optimization must or should take place.
    5.5. Blue Media may, in addition to the services mentioned here, add further services which correspond to the optimization and objectives of the Client.
    5.6. Blue Media has no obligation to provide services. Without giving any reason Blue Media has the option to stop and/or abandon services and deliverables overall at any time – in this case the Client completely relinquishes his right to any claims overall, including claims for damages. For already deployed and paid services, the Client has no right to a refund.
    5.7. In all cases where Blue Media provides outlines, drafts, layouts, sketches, designs (including wireframes) or similar, the number of deliverables is not infinite; Blue Media will deliver a maximum number of 3 versions within each sprint or phase of work. If Blue Media decides to provide further iterations or versions than 3, then these are considered voluntary and by no means to be understood as a new scope or promise. Once the Client approves the delivered items by Blue Media, it signifies the fulfillment of Blue Media’s deliverable obligation for those specific items. Any subsequent adjustments made to the approved items are considered voluntary work by Blue Media, without implying any wrongdoing on their part.
    5.8 The Client has the right to dispute delivered services within 10 days. Unless the Client submits additional change requests within the 10-day period following the delivery by Blue Media, the delivered items will be deemed fully approved by the Client.
    5.9. Blue Media offers content production services, which include the creation and integration of textual content as part of the website. The scope of content provided is contingent upon the specific plan selected by the subscriber. Each plan details the extent of content production services, including the number of content pieces to be delivered. However, these plans do not specify a word count for each piece of content.
    5.10. It is explicitly stated that Blue Media does not provide e-commerce related services within the scope of its website plans. This exclusion encompasses a range of activities including, but not limited to, the creation, programming, maintenance, and/or modification of e-commerce components on the websites. Such components may consist of online shops, shopping carts, buy-buttons, and any other related e-commerce functionalities. Subscribers should be aware that these services are not included in any of the website plans offered by Blue Media and will need to seek such services separately if required.
  6. Website Plans
    6.1. The subscription to our Monthly Website Plans constitutes a binding service agreement. Subscribers acknowledge and agree that the monthly fees pertain to the continuous provision of web services, which includes ensuring website accessibility, routine maintenance, and, where applicable, search engine optimization (SEO) enhancements. These services are facilitated through the utilization of advanced technology and expertise, cultivated by our team over extensive periods. It is expressly understood that subscribers are not purchasing the website itself, but are instead engaging in a contractual arrangement for the ongoing service and upkeep of said website.
    6.2. Websites developed under these subscription plans are the exclusive proprietary assets of Blue Media. This encompasses all utilized technologies, design elements, and any ancillary components integral to the website. These elements are subject to copyright protection and are the sole property of Blue Media. Subscribers are granted no ownership rights or interests in these proprietary assets under any circumstances.
    6.3. In the event of service cancellation by the subscriber, Blue Media retains the right to execute appropriate measures regarding the website, which may include but are not limited to, decommissioning or other forms of discontinuation. As the proprietary owner of the website, Blue Media reserves the sole discretion to determine the fate of the website post-cancellation. Subscribers acknowledge that they forfeit any claims to ownership or rights to the website upon the cessation of their subscription.
    6.4. Subscribers are strictly prohibited from reselling, repurposing, or otherwise utilizing any aspect of the website, including but not limited to its design, underlying technology, and constituent components, without the express written consent of Blue Media.
  7. Cancellation Policy for Subscription Plans
    7.1. Subscribers are entitled to cancel their Monthly Website Subscription Plan at any point during the subscription term. Cancellation requests must be submitted in accordance with the procedures outlined by Blue Media, ensuring clear communication and processing of the cancellation.
    7.2. Upon cancellation of the subscription, subscribers are not entitled to a refund for any subscription fees already paid. The subscription services will continue to be available to the subscriber until the end of the current billing cycle for which payment has been made.
    7.3. The primary effect of cancellation is the prevention of the renewal of the subscription. This means that upon the completion of the current billing cycle for which payment has already been received, the subscription will not be renewed, and the recurring payment will be terminated. Subscribers will not incur any further charges post-cancellation, and the services will be discontinued at the end of the paid subscription period.
    7.4. Notwithstanding the above no-refund policy, Blue Media offers a 30-day money-back guarantee for new subscribers. Should a subscriber choose to cancel their subscription within the first 30 days of their initial enrollment, they are eligible for a full refund of any subscription fee paid.
  8. Warranty, Guarantees, and Limitation of Liability
    8.1. Algorithms of search engines change continuously. Furthermore, search engines are subject to their own decision criteria, and Blue Media has no influence on this. The Client therefore takes note of this and is also informed of the risks that an exclusion (partially or fully) from search engines or any other external web resources can happen any time. Blue Media therefore assumes no liability or warranty if one or more websites or any of the web properties of the Client is/are excluded from one or more search engines. Blue Media scrupulously exploits all technical possibilities to prevent such exclusions.
    8.2. Blue Media cannot guarantee that third party services, such as web hosting services, search engines, search services, servers, computer codes work error-free or bug-free or free of interruptions. The Client agrees that Blue Media shall have no liability for any interruptions or errors. Such errors or interruptions, bugs or even system failures, which are the cause or defects of third parties, lie outside the services of Blue Media.
    8.3. The Client acknowledges and accepts that websites may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or/and trojan horses, updates, or the like. The Client agrees that Blue Media shall have no liability for any damage or loss. The Client further acknowledges and agrees that it is solely responsible for backing-up, monitoring and securing its own online properties. For this and other reasons, Blue Media can recommend servers that provide daily automatic and manual backups; In addition, Blue Media can recommend that development processes are only carried out on so-called staging servers, which can be migrated to a production (live/production) environment without much effort after completion of a development — and can be reverted to their functioning original status if the migration fails. Blue Media will make changes to live sites and other environments of the Client, but is not responsible for any disruption; therefore, it’s in the best interest of the Client to provide appropriate secure requirements as mentioned above.
    8.4. Blue Media does not guarantee results or provides any timeframes according to which success is measurable, as Blue Media has no influence on the processes of the search engines. Blue Media advises the Client conscientiously about when and what results can be expected based on experience if requested by the Client.
    8.5. In no event shall Blue Media be liable to the client or to any third party for any loss of use, revenue, or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not Blue Media has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
    8.6. In no event shall Blue Media aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract or tort (including negligence).
    8.7. Blue Media is not liable for copyright disputes overall. Blue Media makes efforts to avoid copyright disputes by diligently checking the rights and licenses of uploaded media by Blue Media (e. g. any sort of software used on the client’s properties such as their website, images, videos, music, including text). Ultimately, however, the Client must ensure that all media and content used are properly licensed. Blue Media performs all work on behalf of the Client and is in principle not responsible and cannot be held liable for licenses or other copyright matters, disputes or similar.
    8.8. For any tools/software used including content management systems, the Client understands and agrees that these third-party or any sort of proprietary tools/software have their own Terms (such as terms & conditions, guidelines, codex and similar agreements), and by utilizing this tools/software for the Client, the Client agrees that it operates within those Terms and agrees to them. The Client also agrees and accepts that Blue Media has no influence on those Terms and cannot be held liable for any dispute that could arise from those Terms mentioned.
    8.9. For any software or website or similar services provided, Blue Media is not obligated to perform bug fixes and similar 4 weeks after the project has been completed and finalized. A software or website project is considered finalized, when Blue Media delivers the result to the Client, and the Client does not make any revision requests such as bug/error fix/change/adjustment requests (revision requests) 4 weeks after the delivery of result of the project. In case of revision requests by the Client, Blue Media will undergo 2 revisions within 60 days after the first delivery of the project. In any case, granted Blue Media addressed the revisions in a timely manner (within 60 days), a project is considered finalized after 60 days.
    8.10. In the case of the use of licenses for any kind of media, software or services such as fee-based licenses that are being used on the Client’s platforms, Blue Media does not provide any guarantees — especially not in terms of their continuous usability and functionality. The Client is responsible for acquiring any sort of licenses. If Blue Media has acquired any sort of licenses for the Client, this conduct does not establish any sort of responsibility for these licenses — as many licenses might be revoked or software and similar might cease functionality over time. Blue media has the right to revoke the licenses of the software used at any time, especially if these were acquired by Blue Media. Blue media will diligently select licenses that appear appropriate at the time of the conduct and use them to the best of its knowledge.
    8.11. Due to constant technological changes and updates such as on servers and technology environments, functions of software overall and websites may change or completely cease their function over time: without a separate and defined maintenance agreement, Blue Media is not responsible for such matters. The Client is responsible for the continuous functionality of its software and server properties and any other technology and technology environments.
    8.12. Blue Media usually develops websites and software on its own staging/development servers. These servers are not to be considered live/production environments and are available for development and approval purposes. After the completion of the website or software project, the Client is responsible and obliged to host the product on another property such as website provider or similar. Blue Media has the right to switch off the staging/development server 30 days after the project has ended. In exceptional cases and only after written agreement, Blue Media can host websites or software for the Client in their own managed server environments. Payments are due annually. All liability provisions mentioned herein have effect on the hosting services of Blue Media. Blue Media is not obliged to move websites from one server to another without an additional payment or agreement.
    8.13. The Client acknowledges that accounts for Google Ads, Bing Ads, Facebook Ads, and similar platforms are the property of their respective owners (e.g., Google, Bing/Microsoft, Facebook, etc.) and are managed by Blue Media. These advertising accounts are not considered the Client’s nor Blue Media’s property. The Client further understands that any such advertising accounts may be terminated or revoked at any time by any authorized party, such as Google, Inc., Microsoft Corp., or other service providers, especially in instances where invoices are overdue. Blue media is neither responsible for nor obligated to maintain or provide access to any such advertising accounts on behalf of any party.
    8.14. The Client takes notice that Blue Media is not entitled to provide legal advice, and therefore Blue Media is not responsible nor liable for the compliance of data protection or data privacy laws or similar laws, regulations or guidelines of the Client’s websites and any other properties.
  9. Intellectual Property
    This provision safeguards, among other things, against the misuse of Blue Media’s intellectual property. For example, it prevents the materials from being employed to offer competing SEO/SEM services or from being disseminated to other marketing or similar agencies for the purpose of replicating and reutilizing Blue Media’s proprietary assets. While the intent of Blue Media’s services is to assist the Client in their marketing initiatives, it is not designed to enable the Client to offer Blue Media’s services using our materials — whether to compete against Blue Media directly or to offer analogous services independently. Therefore, all rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials will stay properties of Blue Media. Therefore, Blue Media retains the exclusive rights to assets that have been created by Blue Media such as report designs of any kind (especially designs of reports/layout of reports), web site/page designs, other content or media, proprietary processes, algorithms, computer codes, and campaigns — the client understands that it has no right to resell such proprietary assets of Blue Media (e. g. to other marketing agencies), and will use of them for its own business as intended by this agreement. This is why Blue Media grants the Client a license to make use of Blue Media’s Deliverables on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable the Client to make reasonable use. The Client is expressly prohibited from reproducing, reselling, or distributing any of Blue Media’s materials and related intellectual property. An exception to this restriction involves tools or software that may fall outside of Blue Media’s control. For instance, should licenses for these tools or software expire, the Client acknowledges and agrees that Blue Media cannot ensure the continued functionality of such tools or software indefinitely.
  10. Term and Termination.
    10.1. This Agreement shall commence as of the Effective Date and shall continue thereafter until the completion of the services under all Statements of Work, unless sooner terminated pursuant to Section 10.2 or Section 10.3.
    10.2. Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”), if the Defaulting Party: (a) Becomes insolvent or admits its inability to pay its debts generally as they become due; (b) Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (c) Is dissolved or liquidated or takes any corporate action for such purpose; (d) Makes a general assignment for the benefit of creditors.
    10.3. Notwithstanding anything to the contrary in Section 8.2, Blue Media may terminate this Agreement before the expiration date of the Term on written notice if the Client fails to pay any amount when due hereunder: and such failure continues for 30 days after the Client’s receipt of written notice of nonpayment.
  11. Severability
    If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
  12. Assignment
    The Client shall not assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Blue Media. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the Client of any of its obligations under this Agreement.
  13. Arbitration Agreement
    By engaging in any business dealings with Blue Media, the Client agrees to resolve any disputes or claims arising from the agreement through arbitration, foregoing their right to initiate legal proceedings or file a lawsuit against Blue Media. The Client commits to participate in good faith in the arbitration process and acknowledges that the decision reached through arbitration shall be final and binding.
  14. Successors, Assigns & Relationship
    14.1. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
    14.2. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties.
  15. Force Majeure
    Blue Media shall not be liable or responsible to the Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Blue Media including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of fifteen days where Blue Media is not able to perform the services because of the events occurred mentioned above, the Client shall be entitled to give notice in writing to Blue Media to terminate this Agreement.

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