Terms Of Use



Beginning of Services:
The Client and Blynx Digital shall mutually agree on a start date for monthly services and payments, provided that the start date is no later than 6 weeks after signing of the contract. Services rendered and payments required are not dependent on the launch date of the website if that service is utilised.  

Length:
The client agrees to six consecutive months of uninterrupted services to commence on the chosen start date as indicated on page 1. A hold period of no more than three months can be requested and granted pending negotiation with Blynx Digital. After the initial six months, services will continue on a monthly basis where cancellation of services are subject to our cancellation policy (see below).  

Payment:
The client agrees to pay Blynx Digital for the package of services as they are explained in this agreement. The service retainer will be billed monthly and will be paid in advance. All packages sold at a value less than $500 per month, must be set to bill via credit card. All setup and website fees are due on signing. * Accounts are considered past due if not paid within 30 days of invoice receipt. A 2% late fee is applied for every 30 days the payment is late. Any payments made will be applied to the oldest open invoice/balance. When the oldest invoice reaches 60 days past due, all services will be suspended and notice will be provided that the account is being submitted to collections. Late fees will continue to accrue until payment in full is made. If the past due client’s website is hosted on Blynx Digital servers, the website will be removed when the account becomes 90 days past due, and all files will be archived for future recovery in the event that payment is made. A client may not take advantage of our hiatus options listed in the cancellation policy if payments are more than 30 days overdue. * Reimbursements: For additional fees, Blynx Digital will bill flat cost, plus credit card processing if the client pays by credit card.  

Onboarding:
The onboarding process will be completed once Blynx Digital has received all passwords, logins, and credentials requested in the onboarding email. It is the client’s responsibility to provide Blynx Digital with all requested information. Any work not accomplished due to client delays in delivering requested information will not result in a refund, nor will such delays lead to postponement of the agreed-upon service charges beginning and recurring on the agreed upon date. Likewise, there will not be a refund, or postponement of said service charges due to a delay to launch the website (Exception: Website launch delays which are solely within the control of Blynx Digital).  

Amendments:
Any amendments or adjustments to the services as outlined on the service page must be mutually agreed upon in writing between client and Blynx Digital. Blynx Digital retains the right to make adjustments to the implementation and micro focus of all services for the purposes of maintaining the client’s market competitiveness. These changes will not revoke any services or necessary reporting associated with it. Blynx Digital will notify the client of the changes in advance by email.  

Reporting:
Blynx Digital allows real time access to its work completed, and analytics across several platforms. Those logins will be provided to the client upon setup.  

Liability:
General Liability: The Client agrees not to hold Blynx Digital liable for any legal or financial responsibility or loss of business that may occur in the event of illegal hacking, software or hardware malfunctions, or other circumstances beyond the control of the Blynx Digital. Blynx Digital shall indemnify and hold the client harmless from any actual damages resulting from Blynx Digital’s negligence or wrongful act or omission. Blynx Digital represents that the services shall be performed in accordance with generally accepted industry standards for similar services.

Hosting Liability: Should the client choose to host with Blynx Digital, they agree to release Blynx Digital from liability of financial loss caused by server malfunctions, malware, hacking, or any other possible loss or corruption of data caused by anything other than illegal actions by Blynx Digital or its employees.

Privacy:
Blynx Digital will not share or sell any proprietary information about the client to any person or company for any reason. Blynx Digital is authorized, however, to use examples and images of the work completed on behalf of the client in its portfolio and marketing materials.
 

Ownership of Digital Content and Intellectual Property:
The client will retain ownership of all digital content and intellectual property created or stored by Blynx Digital on the client’s behalf. Upon any termination of services, the client shall have returned or, at client’s request, destroyed any client materials in Blynx Digital’s possession. Equipment and software is the sole property of Blynx Digital, unless otherwise noted.  

Limitations:
Blynx Digital agrees only to provide the services as outlined in this contract. Any requests for work above and beyond this agreement will be billed at current rates, and may be refused. All services and published add­-on services are for current clients who are contracted on a Marketing Package only, and cannot be used for third parties, resellers or clients of clients.  

Early Cancellation & Discontinuation:
Early Cancellation has an associated fee of 50% of the value remaining in the contract. The client waives all rights to demand any refunds in the case of cancellation or discontinuation, unless such cancellation is for Cause (as defined below).  

Cancellation Policy:
The following options exist for clients who wish to discontinue or hold services after or during their 6­-month contract period:  

Indefinite hiatus with hosting continued:

* Costs $25/month to cover hosting and tech support, plus incidental add-on services.
* No cancellation or re­activation fee, if initiated after the 6-month contracted period.
* Up to 1 hour of design & development (Additional work will be billed at the hourly rates posted on Blynx Digital’s website).
* Logins kept on file in case of emergency.


Indefinite hiatus for a non­-hosted client:
* Costs $10/month for tech support (WordPress sites only), plus incidental add­-on services.
* No cancellation or re­activation fee, if initiated after the 6-month contracted period.
* Design and development services are billed at the hourly rates posted on the Blynx Digital website.
* Logins kept on file in case of emergency.


Total cancellation for a hosted client:
* Requires notice of 30 days from next billing date.
* $150 cancellation fee (Includes setup of new hosting, plus site & email migration).
* All files will be available to client via FTP transfer within 30 days.
* All client passwords and logins on file will be provided within 30 days.
* All SEO and analytic tools are shut down after 30 days.
* All accounts removed from our system and logins deleted from our databases within 30 days after provision to client.
* No add on services will be made available to the client.
* If client wishes to restart service, current setup fees apply and packages will be available at our current rates only.


Total cancellation for a non-­hosted client:
* Requires notice of 30 days from next billing date.
* All files will be available to client via FTP transfer within 30 days.
* All passwords and logins on file for the client will be provided within 30 days.
* All SEO and analytic tools are shut down after 30 days.
* All accounts removed from our system and logins deleted from our databases within 30 days after provision to client.
* No add on services will be made available to the client.
* If client wishes to restart service, current setup fees apply and packages will be available at our current rates only.

 
Breach of Contract:
Notwithstanding any of the foregoing, the client shall have the right to terminate this Agreement for Cause, which is defined as Blynx Digital’s breach of any of its obligations of this Agreement after written notice by client describing the purported breach, AND Blynx Digital’s failure to cure such breach to client’s reasonable satisfaction within five business days of such notice. Furthermore,
(i) the client shall have no further obligation for any further payments under this Agreement; and
(ii) Blynx Digital shall provide reasonable assistance to help migrate client’s website and services to minimize potential disruptions to client’s business.