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  • This website license agreement (hereafter referred to as “The Agreement”) is between Bottom Line Marketing Group, its primary designers, employees, or affiliates, including Website with Brains, (hereafter referred to as “BLMG”), and you (hereafter referred to as “Client”) for the website (hereafter referred to as “The Website”) accompanying this agreement.

    By clicking "I agree” Client confirms that he is in agreement with and bound by the terms and conditions below.

    1. Copyright and Copyright Laws: The Website and Software designed and written by BLMG remain the copyright of BLMG, and may only be commercially reproduced or resold with the permission of BLMG. BLMG is not responsible for any copyright infringements caused by materials and/or photos submitted by Client.

    2. Website Hosting: BLMG buys server space from third-party vendors and offers limited hosting services through these vendors. Use of website hosting services must be in accordance with the terms and conditions of these vendors. In addition, BLMG is not responsible for losses that may result from the unavailability, malfunction, or interruption of the website hosting services (e.g., loss of turnover, sales, revenue, profits, or indirect, consequential, and special damages).

    3. Domain Names: At times, BLMG handles purchase of domain names on behalf of its customers. Client is responsible for payment and renewal of those domain names. Loss or cancellation of the domain brought about by non- or late payment is not the responsibility of BLMG.

    4. Passing of Rights: Once Client has paid all amounts due to BLMG, Client will be granted the rights to use The Website. However, the rights to photographs, graphics, and any third-party items such as source code always remain the property of their respective owners. In addition, unless agreed otherwise, all products, software, and other components of any source or object computer code that comprise The Website remain the property of BLMG, and BLMG retains full ownership rights and all intellectual property rights. BLMG does not assume any responsibility for the use of third-party software.

    5. Operating Systems: BLMG cannot guarantee correct functionality of its websites with all browser software across different operating systems. After The Website has been launched, BLMG is not responsible for web pages that do not display acceptably in new versions of browsers.

    6. Liability and Indemnity: BLMG and its agents do not assume any legal or regulatory responsibilities resulting from:
    • loss or damage caused by any inaccuracy, omission, delay, or error;
    • loss or damage to clients' artwork/photos, supplied for the site;
    • costs incurred, compensation, or loss of earnings due to the unavailability of The Software.
    This applies whether or not the damages are as a result of negligence or intentional neglect. Each party agrees, at its expense, to defend and otherwise hold the other party harmless from any costs, damages, and reasonable attorneys’ fees resulting from its breach of any terms of this agreement.

    BLMG services may be used for lawful purposes only. Client is expected to indemnify and hold BLMG harmless from any and all claims resulting from Client’s use of BLMG services that damage either Client or any other party.

    The maximum liability of BLMG, with respect to this agreement and any claim or group of claims or breach of this agreement, whether or not arising out of negligence, will be limited to the amounts paid by Client for the project itself.

    7. Additional Terms:
    a. Transferring Right. In all cases, BLMG prides itself on its creative talents and strives to create original designs. Consequently, BLMG expects Client not to assign, sub-license, or transfer Client’s rights or obligations under this agreement to any third party without written consent from BLMG.
    b. Additional Fees. If there are changes and additional requests that differ from the original Website description, this may result in completion delays; additionally, there may be additional fee as a result of any such request, on an hourly basis, at BLMG’s standard hourly rates.
    c. Force Majeure. BLMG is not responsible for failure or delay in the performance of its obligations (except for the payment of money) on account of “acts of G-d” (e.g., strikes, shortages, riots, insurrection, fires, floods, storms, explosions, war, governmental action, labor conditions, earthquakes, material shortages).
    d. Client Changes. In the event that the client makes any changes in the website backend/platform or changes to the programming code, BLMG is not responsible or liable for the loss of data, services, damage, or service interruption.

    8. Basic Termination Rights: The Agreement goes into effect as soon as BLMG receives Client’s electronic confirmation and remains in effect unless it is terminated in accordance with the terms and conditions mentioned.
    If Client chooses to terminate the license under The Agreement, Client will forfeit any license fees already paid. Client will also be responsible for the immediate payment of all amounts due for work performed up to that point.

    9. Client’s Responsibility: It is Client’s responsibility to check over The Website carefully before it goes live. Make note of any errors or changes, and send them to BLMG. BLMG will not be held responsible for any errors that were not delineated clearly. After receiving the changes requested, Client should review it again before website goes live.

    Remember: BLMG wants perfection as much as you do!