Service Terms & Conditions
This Internet Marketing (“Agreement”) is a legal agreement between Binary Bluster, LLC. Binary Bluster (now known as Binary Bluster) with their principal address at Kishoreganj-2300, Dhaka, Bangladesh. Welcomes and appreciates customers such as yourself who purchase Binary Bluster Services online or via customer service center sign-up processes. This Agreement sets forth your purchases and usage of Binary Bluster Services obtained via Sign-up. Within this Agreement, “Effective Date” refers to the day you, the Purchaser, use your credit card, and payment was successfully processed. As per its conditions in paragraph 4, all terms of this Agreement begin on its Effective Date.
GENERAL
When availing yourself of Binary Bluster services, and by signing this webpage, as our customer, you agree that you have read, understood, and are bound by all terms and conditions outlined in this Agreement, including any future policies or rules put forth by Binary Bluster from time to time. This Agreement and any future terms added or altered constitute the only binding contract between Binary Bluster and yourself regarding your use of their services. It replaces and supersedes all agreements or proposals made by Binary Bluster’s representatives in the past.
Article – 2, Proprietary Rights
2.1 Restrictions You should understand the importance of employing ethical Internet methods when browsing and conducting transactions online. Binary Bluster requires that its products and services comply with applicable rules.
2.2. You acknowledge and agree that Binary Bluster’s SEO methods used on and off websites are developed exclusively by them and that ownership will remain in their possession by this Agreement.
2.3 You acknowledge and accept that any modifications to services or products offered through Binary Bluster could alter its internet marketing standards and performance, potentially diminishing its standards and performance.
2.4 No amendment, change, update, or alteration is allowed on pages optimized by Binary Bluster.
Article 3 – of BINARY BLUSTER SERVICES
3.1 Content Writing and Site SEO Binary Bluster offers this service, creating custom Content with techniques designed to ensure crawlers understand SEO standards (keyword density, prominence, proximity, and density). Checking website HTML codes to ensure they function optimally for search engines will be included as part of this service, along with submission to search engines without incurring fees for paid submission that some search engines charge for inclusion.
3.2 Finally, Website Design and Development services from Binary Bluster also come into play here. Once you have completed a website design or redesign project and paid all associated development and design fees, you are in charge of your newly commissioned site.
3.3 Video Editing: Binary Bluster will edit video using proven and tested techniques, tools, and methods suitable for any industry & media.
No matter if or when Binary Bluster stops providing services, the website you commissioned for business or organization promotion remains yours. No company can purchase its design from Binary Bluster or sell it to any other entity.
Article 4 – Payment and Related Terms
4.1 Setup and One-time Fees. You are liable to Binary Bluster for paying their setup fee and any Service costs according to their package prices or payment plan during which services are rendered. An additional setup cost applies if your company changes after beginning Binary Bluster Services in terms of name, contact number, or address. Your account with Binary Bluster must provide current billing and contact details for Binary Bluster to bill charges relating to it directly against any applicable credit cards on file or other payment methods available to them – please be aware that all rates and prices offered from Binary Bluster are in US dollars. Binary Bluster must be informed immediately of any changes in your credit card information. It shall charge a $35.00 fee for any returned (NSF) cheques or chargebacks on failed credit cards.
4.2 Late Payments. Payment is due annually on the anniversary of signing the contract. Binary Bluster Services will be provided. Suppose any fees are paid after their due dates. In that case, Binary Bluster reserves the right to take appropriate actions such as (a) collecting fees at five percent (5%) per month as penalties or (b) taking legal action against you and taking appropriate legal actions against them by any given circumstance. In cases where the Law prohibits payment in full, Binary Bluster reserves the right to either suspend or cease the provision of services after eight days without payment or stop service altogether without incurring any obligations due to delayed payments following thirty (30) days without payments being received.
4.3 Continuous Payment. Terminating or suspending Binary Bluster services or the Agreement does not relieve you of your responsibility to pay any unpaid fees, interest, and penalties that have accrued and all costs incurred from collecting these charges from you. Fees associated with Binary Bluster include expenses related to seeking a refund due to us, attorney’s fees and litigation expenses, and compensation for damages.
4.4 Refunds and warranties: Setup and monthly costs are non-refundable.SEO work is determined by a wide range of variables that lie beyond our control; hence, no credible SEO firm can promise specific outcomes. Binary Bluster guarantees increased organic search results if its guidelines are followed. Binary Bluster strongly cautions against purchasing tracking numbers sold by other advertising companies, as this could harm your brand image and reduce the efficacy of SEO services. Binary Bluster does not guarantee increased sales or traffic to your website; that will depend on factors outside its control, such as service or product demand, website layout and design considerations, and any external factors besides itself.
Article 5 – Your Obligations
5.1 Your responsibility will include selecting keywords optimized for your website according to Binary Bluster guidelines and using them appropriately. If you choose different keywords, additional approval by Binary Bluster is required to ensure they will be transparent and competitive in search engines and achieve positive results.
5.2 Optimized Content. Binary Bluster owns all text created through its services; however, you must accept full legal and ethical responsibility for any Content featured on optimized pages and meta tags created through their services.
Article 6 – Limited Warranties
6.1 Customer Warranties You represent and warrant to Binary Bluster that: a) you are legally authorized, depending upon the circumstance, to enter into and sign this Agreement on Binary Bluster’s behalf and fulfill its obligations hereunder; 2.) Binary Bluster services and products will only be utilized lawfully. By lawful usage, we mean they do not violate local or foreign laws, rules, or regulations when used for projects in any location.
6.2 Binary Bluster Warranty Policy. Binary Bluster guarantees that 1) it has the legal standing and authority to enter this Agreement and fulfill its obligations hereunder, and 2) it will deliver all services as required.
Article 7 – CANCELLATION
7.1 In the event of cancellation, 50% of your total project cost will be invoiced back to you to cover expenses associated with setting up and services provided if it has not been completed. Payments you made before canceling are non-refundable, even if work had never begun before its cancellation. To cancel with Binary Bluster in writing 30 days before payment is due; cancellation requests submitted with less than 30 days notice may incur an additional payment fee. To cancel, email contact@binarybluster.com your cancellation notice.
Article 8 – Miscellaneous
8.1 Taxes as applicable”. Binary Bluster requires that its services and products incur taxes and charges arising from its operations, including sales or use taxes or transfer privilege taxes imposed at international, national, state, and local levels; income or gross receipts taxes assessed against Binary Bluster may also apply.
8.2 Non-Exclusivity. Both parties acknowledge that Binary Bluster provides simultaneous access and use of their nonexclusive, nontransferable services for multiple clients.
8.3 Severability. Suppose any provision in this Agreement is held invalid, whether whole or in part. In that case, that only compromises the enforceability of other clauses if Binary Bluster, in good faith, determines that the unenforceable clause is essential. Then, they reserve the right to end this Agreement.
8.4 Assignment. Your Agreement may only be transferred or assigned in part or whole with Binary Bluster’s prior written approval, which may be delayed, withheld, or subject to conditions at its sole discretion. Binary Bluster may assign this Agreement either fully or partially at any point by notifying you in writing.
8.5 Act of God/Force Majeure. Each party agrees not to incur any liability to either themselves or third parties in the event of delays or failure to perform obligations under this Agreement due to circumstances beyond their control, including but not limited to acts of God, authorities, and their agencies, fires, floods, civil disturbances, strikes, terrorism, satellite power, communication network malfunctions, etc.
8.6 Applicable Law. This Agreement shall be interpreted according to the laws applicable in Utah State without regard to principles of conflict of laws. Parties agree that disputes arising from this Agreement shall only be litigated within Salt Lake County, Utah district, and federal courts.
8.7 Modification of Terms. You now acknowledge and agree that for the duration of this Agreement and 12 months following its expiration, nonrenewal, or termination, you do not intend to solicit or contact any consultant or employee from Binary Bluster in any form whatsoever.
8.8 Change in Terms Binary Bluster reserves the right to amend any terms of this Agreement at any time and without prior notification, with continued use of Services after any modifications have been implemented as acceptance of said changes.
8.9 Accepting Terms and Conditions – Final and Entire Agreement. This Agreement forms an enforceable contract between Binary Bluster and yourself that will not be altered in any way without their written consent. Upon purchase, you acknowledge having read and agreed to these Terms and Conditions and agree to abide by them.
8.10. Your continued use of our services constitutes your acceptance of this Agreement and any changes that Binary Bluster may make at any time.
Article 9 – CONFIDENTIALITY
9.1 Confidential Information. Each party agrees to treat all Information provided by the other party that is marked as confidential, or that should reasonably be understood to be confidential given the nature of the Information and the circumstances of its disclosure (“Confidential Information”). Confidential Information includes but is not limited to, business plans, marketing strategies, financial data, customer information, proprietary software, and other trade secrets.
9.2 Obligations. The receiving party agrees to use the Confidential Information solely to perform its obligations under this Agreement. The receiving party will not disclose the Confidential Information to any third party without the prior written consent of the disclosing party, except as necessary to fulfill its obligations under this Agreement and provided that the third party agrees to be bound by confidentiality obligations no less restrictive than those contained herein.
9.3 Exclusions. Confidential Information does not include Information that (a) was known to the receiving party before receiving it from the disclosing party; (b) is independently developed by the receiving party without the use of or reference to the disclosing party’s Confidential Information; (c) is publicly available without breach of this Agreement; or (d) is disclosed to the receiving party by a third party who had the legal right to make such disclosure.
9.4 Compelled Disclosure. Suppose the receiving party is required by Law or court order to disclose Confidential Information. In that case, it will promptly notify the disclosing party of such requirement so that the party may seek a protective order or other appropriate remedy. Suppose the disclosing party cannot obtain such a remedy. In that case, the receiving party may disclose only the portion of the Confidential Information that is legally required and will use reasonable efforts to obtain confidential treatment for any disclosed information.
9.5 Return of Confidential Information. Upon termination of this Agreement or request by the disclosing party, the receiving party will promptly return or destroy all Confidential Information, including any copies, in its possession or control. It will certify in writing that it has done so.
Article 10 – LIMITATION OF LIABILITY
10.1 No Liability for Consequential Damages. In no event shall Binary Bluster be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages, including, but not limited to, lost profits or revenue, loss of data, or business interruption, arising out of or in connection with this Agreement, even if Binary Bluster has been advised of the possibility of such damages.
10.2 Cap on Liability. Binary Bluster’s total liability to you for any claim arising out of or relating to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount of fees paid by you to Binary Bluster under this Agreement during the twelve (12) months immediately preceding the event giving rise to the claim.
10.3 Essential Purpose. The limitations of liability outlined in Article 10 are fundamental elements of the basis of the bargain between Binary Bluster and you. The parties acknowledge that Binary Bluster has set its prices and entered into this Agreement based on the limitations of liability and that those limitations are an essential basis of the bargain between the parties.
Article 11 – INDEMNIFICATION
11.1 Indemnification by You. You agree to indemnify, defend, and hold harmless Binary Bluster and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (a) your use of the Services; (b) any breach of this Agreement by you; or (c) your violation of any law or the rights of any third party.
11.2 Indemnification Procedures. Binary Bluster will promptly notify you of any claim for indemnification under this Agreement and will cooperate with you at your expense in defending such claim. You may not settle any claim in a manner that imposes any liability or obligation on Binary Bluster without its prior written consent.
Article 12 – TERMINATION
12.1 Termination for Convenience. Either party may terminate this Agreement at any time for any reason, or no reason, upon thirty (30) days written notice to the other party.
12.2 Termination for Cause. Either party may terminate this Agreement immediately upon written notice to the other party if the other party: (a) materially breaches this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice of the breach; or (b) becomes insolvent, files for bankruptcy, or has a receiver appointed for its assets.
12.3 Effect of Termination. Upon termination of this Agreement for any reason, all licenses and rights granted to you under this Agreement shall immediately terminate, and you shall immediately cease using the Services. Termination shall not relieve you of any obligation to pay any fees accrued before termination, nor shall it limit either party from pursuing any other remedies available, including injunctive relief.
12.4 Survival. The provisions of Articles 2 (Proprietary Rights), 4 (Payment and Related Terms), 9 (Confidentiality), 10 (Limitation of Liability), 11 (Indemnification), 12 (Termination), and 13 (Miscellaneous) shall survive the termination or expiration of this Agreement.
Article 13 – MISCELLANEOUS
13.1 Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof. It supersedes all prior agreements, negotiations, and understandings between the parties concerning such subject matter, whether written or oral.
13.2 Amendment. This Agreement may not be amended or modified except in writing and signed by both parties.
13.3 Waiver. The waiver by either party of any breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach. No failure or delay in exercising any right, power, or remedy under this Agreement shall operate as a waiver of such right, power, or remedy.
13.4 Severability. Suppose a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable. In that case, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.
13.5 Governing Law. This Agreement shall be governed by and construed by the laws of the State of Utah without regard to its conflict of law principles. The parties agree that any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and the parties now consent to the jurisdiction of such courts.
13.6 Headings. The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
13.7 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all shall constitute the same instrument.
13.8 Electronic Signatures. This Agreement may be executed and delivered electronically, and such execution and delivery shall have the same force and effect as a handwritten signature.