Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the website https://bottomlinedigital.com (the “Service”) operated by Bottom Line Digital (“us,” “we,” or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
1. Services Provided
Bottom Line Digital provides website development and digital consulting services, which may include, but are not limited to: website design and development, search engine optimization (SEO), social media marketing, content creation, website maintenance, and digital strategy consulting. The specific services to be provided will be outlined in a separate proposal, statement of work, or service agreement between Bottom Line Digital and the client.
2. Client Responsibilities
As a client of Bottom Line Digital, you agree to:
- Provide timely and accurate information, content, and feedback required for the completion of projects.
- Ensure that all materials provided to Bottom Line Digital (including text, images, trademarks, or any other intellectual property) are either owned by you or that you have the necessary licenses or permissions to use them.
- Review and approve deliverables within agreed-upon timelines. Delays in feedback or approvals may impact project timelines.
- Make timely payments for services rendered as outlined in the project proposal or invoice.
3. Payment Terms
- Fees: All fees for services will be clearly outlined in the project proposal, statement of work, or invoice. Unless otherwise specified, all fees are quoted in USD ($).
- Payment Schedule: Payment schedules will be agreed upon in advance and may include an upfront deposit, progress payments, and a final payment upon completion. In most cases however, payment is required before work commences.
- Late Payments: Invoices that are not paid by the due date may be subject to a late payment fee of 1.5% per month, or as otherwise permitted by law. Bottom Line Digital reserves the right to suspend services or withhold deliverables until outstanding payments are settled.
- Refunds: Unless explicitly stated otherwise in a separate agreement, payments for services rendered are generally non-refundable.
4. Intellectual Property
- Client Content: Any text, images, videos, or other materials provided by the client to Bottom Line Digital for inclusion in the project remain the intellectual property of the client. The client grants Bottom Line Digital a non-exclusive, royalty-free license to use, reproduce, and modify such content solely for the purpose of performing the agreed-upon services.
- Bottom Line Digital Intellectual Property: All intellectual property developed by Bottom Line Digital during the course of providing the services, including but not limited to, website code, designs, graphics, and strategies (excluding client-provided content), shall remain the property of Bottom Line Digital until final payment has been received. Upon final payment, full ownership and rights to the developed website (excluding third-party licenses) will be transferred to the client, as specified in the project agreement.
- Portfolio Rights: You agree that Bottom Line Digital may use the completed project for its portfolio and marketing purposes, including displaying it on our website, social media, and in promotional materials.
5. Confidentiality
Both parties agree to keep confidential all non-public information and materials provided by the other party in connection with the services, unless required by law. This includes, but is not limited to, business plans, financial information, trade secrets, and proprietary methodologies.
6. Limitation of Liability
In no event shall Bottom Line Digital, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
7. Disclaimer of Warranties
Your use of the Service is at your 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.
Bottom Line Digital does not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
8. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.1
All provisions of the Terms which by their nature should survive termination shall survive termination, incl2uding, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, without regard to its conflict of law provisions.
Our 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 us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
11. Contact Us
If you have any questions about these Terms, please contact us:
- By email: info@bottomlinedigital.com
- By visiting this page on our website: https://bottomlinedigital.com/contact-us/
- By phone number: (214) 817-6506