Terms Of Service

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Consulting Services

Blue Tree Media will provide consulting services to the Customer relating to the creation, modification or hosting of a Website.  The specific nature of the services to be provided by Blue Tree Media will be as specified in the Project Description in the proposal provided to the Customer. Subject to any lawful restraint imposed upon it by any other party (such as an obligation as to confidence), Blue Tree Media will make available to the Customer all knowledge, information and expertise in its possession in performing the services.  If the Customer wishes Blue Tree Media to perform any services other than those specified in the Project Description (including without limitation to provide any additional functionality) or to provide further or other products or software, then Blue Tree Media shall be entitled to quote the Customer separately for the provision of those services or the provision of those products or software.  If the Customer accepts that quotation then the provisions of this Agreement will apply to the provision of those additional services, products or software.

Unless otherwise agreed in writing by the parties, the term of this Agreement will commence on the date specified on the Website Development Schedule in the proposal provided to the client.

Confidentiality

Blue Tree Media will not disclose to any third party or use other than for the purposes of this Agreement any knowledge or information imparted to or obtained by it during or in connection with the fulfillment of this Agreement which is of a secret or confidential nature relating to the business, equipment, processes relating to the equipment, the products, services, process or business strategies offered or employed by the Customer.  This obligation of confidence will cease to apply in relation to information that Blue Tree Media is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Blue Tree Media of its obligations of confidence under this Agreement. 

Governing Law

Any claim relating to Blue Tree Media’s web site shall be governed by the laws of the Province of Prince Edward Island without regard to its conflict of law provisions.

Limitations

In no event shall Blue Tree Media or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Blue Tree Media’s Internet site, even if Blue Tree Media or a Blue Tree Media authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Intellectual Property

Unless otherwise agreed in writing by Blue Tree Media, the copyright and all other rights relating to any software provided to the Customer by or on behalf of Blue Tree Media pursuant to this Agreement (the “Intellectual Property”) will remain the property of Blue Tree Media or where applicable its licensors.

Upon payment in full for the Services provided by or on behalf of Blue Tree Media pursuant to this Agreement, Blue Tree Media grants the Customer a non-exclusive and non-transferable perpetual license to use the Intellectual Property for the Customer’s own business purposes, and in the case of the third party software, will obtain a sub-license in favor of the Customer in similar terms.

Client review process

Blue Tree Media will develop composite layouts of the proposed website homepage and subsection page for approval before the development of the site. The Customer will be given two (2) opportunities for feedback and revised composites will be presented for final approval. Graphical revisions beyond this will be considered authors alterations and will be assessed additional time and charges. The Customer will also have an opportunity to review the content of the website before launch.

Approval of project direction, website designs, software applications, and completed website will be noted in writing by the Customer. Once approved, requests for revision will result in changes to the budget and the schedule.

Long-term Support of Services

In the case of any future technical problems that could arise with work produced by Blue Tree Media, these problems will be immediately addressed by Blue Tree Media.  All issues would be rectified to the satisfaction of both parties.  Any work that falls outside of the scope of the work suggested in the Proposal provided to the Customer will be billed at Blue Tree Media’s hourly rate.

Termination

The Agreement between Blue Tree Media and the Customer may be terminated by either party by giving the other party thirty (30) days notice in writing to that effect. On termination of the Agreement however occurring, all moneys unpaid by the Customer pursuant to this Agreement will immediately become due and payable.  All completed work will be handed over to the customer and all remaining work will be disregarded.  Should there be a termination to the website hosting, all outstanding fees will be paid by the Customer and Blue Tree Media will assist the Customer in transferring their website to a new hosting provider.

Payment

For web design consulting work, payment of 50% of the total will be due upon approval of all design work (step 4 in Development Process above).  The remaining 50% will be due after completion of the website development but prior to the publication of the website (prior to launch). All invoices rendered by Blue Tree Media are payable within fourteen (14) days from the date of invoice.  The Customer agrees to pay Blue Tree Media in full within this time period.  If the Customer fails to pay any invoice by the due date for payment, then without prejudice to Blue Tree Media’s rights under this Agreement, the Customer shall also pay Blue Tree Media interest on the outstanding amount at the rate of 2% per month.

For website hosting, the customer will be billed monthly via credit card.  Should a change in monthly payments be required, the Customer will be notified and upon agreement of both parties, the change in monthly payments will be activated.