Terms of Service

These terms of use apply to all products and services created or supplied by Blu Dove Designs, LLC (Blu Dove Designs or Blu Dove) at bludovedesigns.com and through our payment system (Stripe). Use of our website, products and/or services constitutes as your agreement to be bound by these terms. If you do not agree you must discontinue the use of this site and its associated products and services provided. Blu Dove Designs offers web related products and services including development, design, marketing, seo, training, consulting, education and managed support services.

Support and Design Services

To include website consulting, support, hosting and maintenance.

Managed Support Services

Our Managed Support Service is a pre-paid monthly support plan and includes the following:

• Hosting space on one of our secure servers
• Up to 1 hour of consulting
• Updates to website software on a monthly or bi-monthly basis
• Technical support on bugs or issues caused by the server or software
• Server firewall that scans site for malware and protects the site
• Unlimited space and bandwidth (within reason)
• Backups and offsite storage of backups (on dropbox)
• General assistance (directions) as needed to direct in how to edit site content

Does not include:

• Extensive design or programming
• Extensive fixes as a result of the act, fault or omission of the CLIENT
• Extensive repairs to the website as a result of the act of work from a third party hired by CLIENT

Requests and Support Tickets

All requests under the Managed Support Service must be made via email to Lrenshaw@bludovedesigns.com.

Consulting Support 

Consulting services for clients that are not part of our managed services are provided on an hourly basis or via one of our packages at the rate of $150 per hour. All consultations will take place during normal business hours unless agreed upon in advance using email, telephone, Zoom or on-site.

In no event shall Blu Dove Designs or its employees be held liable for any indirect or direct damages, loss of profit or revenue, or loss of data even if advised of the possibility of such damages. Blu Dove Designs offers consultations, eductaion, advice, guidance and recommendations in good faith. Ultimately you are responsible for the management, decisions and actions of your business.

Design Services

Quotes will be provided for all design and custom development projects. All quotes will be honored for duration stipulated on the quote.

An estimate and contract will be provided and must be signed and returned before any work will commence. Please take time to read the entire document so you are fully aware of the binding agreement being made.

SEO / Social Marketing Services

If CLIENT elected purchase of SEO Package including maintenance packages or Social Media Marketing Package, the CLIENT understands if another company or CLIENT other than the Blu Dove Designs works on the CLIENT’s website SEO/Social Marketing while currently under development and within the monitoring period, and makes any changes to the SEO/Social Marketing, the CLIENT will not hold Blu Dove Designs responsible for the outcome of the website’s results and rankings. The CLIENT will be billed for additional hours at the currently hourly rate on future SEO/Social Marketing changes.  Blu Dove Designs does not guarantee search results / rankings. We will make every effort to provide advice, guidance and recommendations to achieve such rankings.

Hosting Services

Blu Dove Designs offers hosting on a private server as well as shared services. Hosting data / storage space and bandwidth is included in the various plans. All plans are on a recurring subscription basis. Hosting is subject to our Acceptable Use Policy.

Firewall

Blu Dove utilizes a server level Firewall which automatically scans your Joomla or WordPress sites on our private server platform. All WebCenter sites are hosted securely on AWS Servers. If any issues are found we will make our best attempts to resolve them. If fixing issues require more than an hour of time or extensive code revisions by a qualified developer we will issue a quote to implement a fix.

If for some reason your site becomes hacked on our private server, and you have subscribed to our Managed Support Service, we will restore your site and remove the vulnerability at no additional cost.

In no way does this service offer a guarantee of preventing a site from becoming hacked. It only adds several layers of security as an additional proactive layer of protection to help prevent such activities.

Payments and Fees

Blu Dove Designs accepts payments via credit card, e-check and mail-in payments. You must contact our office if you require invoices and need to mail in your payment. Payments not postmarked by the due date will incur a late fee.

Support Service Fees

Fees are negotiated on a per client basis based on requirements.

Design / Development Service Fees

All new projects, under $1,000 USD, require full payment prior to the start of development. Projects where the total cost is over $1,000 USD will be split into at least two (2) payments. An initial deposit will be due prior to the start of development. The deposit will be 50% of the estimated cost.

Projects will not be released until full payment is received. Blu Dove Designs retains the right to hold all graphics, account information and project development until payments have cleared our financial institution. Further, Blu Dove Designs reserves the right to modify, disable or revoke any product for non-compliance or if payment is not received on or before their due date(s); which is seven (7) days after the invoice generation date. Blu Dove Deisgns shall not be liable to you or any third party should we exercise its right to modify, suspend, limit or revoke any product.

Cancelled projects are subject to a cancellation fee of 50% of the total project cost or $500 (Whichever is greater). You are also responsible for all license costs as well as labor up and to the point of cancellation. Upon written cancellation notice, a final invoice will be generated and is due within seven (7) days. Any delinquent accounts may be referred to a collection agency or we may seek legal action for relief.

Hosting Service Fees

All hosting fees are included as part of the Managed Support Services. Invoices will be automatically generated and sent to the email address you have on file with us 3 days prior to the renew/due date. Fees are automatically billed to your credit card of file on the date they are due.

Hosting services will be suspended for accounts that are seven (7) days past due and we have been unable to reach you. After an account is fourteen (14) days past due it will be accessed a re-activation fee of $20. If an account is thirty (30) days past due it will be permanently closed and removed from our servers. Access to files and/or email accounts on suspended accounts will not be granted until payment is made in full.

Logo Digitization Fees

If logo requires digitization, additional fees will be charged to the account at the current rate except during promotional periods or when a coupon has been entered. Minimum fee for digitation is $300.

Domain names

Blu Dove registers and manages your domain for you eliminating the hassle of missing your renewal from your registrar. You own your domain name. Domain registration is billed annually at $15.00.  Should you need to transfer it to your own account, Blu Dove will do that.

Late Fees

All invoices (not including Extensions Subscriptions) that are 14 days past due will be assessed a 10% late payment fee.

Licenses

Fees for software licenses purchased on your behalf for your website are included under the Managed Support Services monthly fee. Failure to pay the managed support fee will result in suspension of your website.

Guarantee of Service

Blu Dove Designs warranties websites we build for 60 days from launch to be free of bugs and errors. If bugs or errors are found, written notice is required for us to fix them. We guarantee that all our work is of current standards with the latest software available. We do not guarantee that the products or services will work with all third party extensions nor that they will work with future versions of 3rd party software.

The Guaranteed Service is not provided for any Website, Marketing or Website projects that are delayed or down due in whole or in part to:

1. The act, default or omission of the CLIENT, consignee or any other party claiming an interest in the website, including specific instructions from the CLIENT or consignee with which Blu Dove Designs, LLC attempted to, or did, comply.
2. Failure of the CLIENT or consignee to observe any term contained in these Terms, including, but not limited to, improper or insufficient deliverables, omission of, or provision of, incorrect login information, or providing insufficient information.
3. Acts of God, weather conditions, environmental incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, application of security regulations imposed by a government or otherwise applicable to the website, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in communication/internet networks or systems due to events beyond Blu Dove Designs, LLC’s control, disruption or failure of communication and information systems, disruption or failure of utilities, or any circumstances beyond Blu Dove Designs, LLCs control.
4. Acts or omissions of any information by any person other than Blu Dove Designs, LLC.
5. Compliance with laws, government regulations or requirements, or any cause beyond Blu Dove Designs, LLC’s control.
6. Transfer of an existing domain name or gaining access to domain name to point to the CLIENTs new website.

Guaranteed Service Claim, Refund Policy and Charge-Backs

Refunds are offered at our discretion and based on circumstances. Cancellation of hosting is required 30 days in advance of the next billing in writing. There will be no refund of subscription services once it has been paid.

Because Blu Dove Designs offers non-tangible irrevocable software and services we do not offer any refunds for managed support services. We will always aim to address any concerns that you may have via our support system.

All Guaranteed Service claims shall be made in writing and submitted to ensure receipt by Blu Dove Designs, LLC. Claims for Guaranteed Service Next Day website within the United States, or between the United States and Canada or Puerto Rico shall be delivered to the following address:

Blu Dove Designs
Attn: Claims Department
PO Box 1146
Archer, FL 32618

Blu Dove Designs does not negotiate charge-backs. If a charge-back is initiated we will provide evidence and documentation to the card processing company to defend the transaction. You will be billed for any charge-back fees incurred by us.

Limitation of Liability

If CLIENT opts in to managed services, Blu Dove Designs will take monthly backups and store them offsite - meaning on a designated cloud server space outside of the website server. In no event shall Blu Dove Designs or its employees be held liable for any indirect or direct damages, loss of profit or revenue, or loss of data even if advised of the possibility of such damages. Blu Dove Designs offers consultations, advice, guidance and recommendations in good faith.

Assignability

Client is not allowed to sub-license, assign, or transfer your licenses or our services to anyone.

Privacy Policy

Any information submitted by you will be used solely for the purpose of completing transactions, delivering products and services, informing about new product releases and addressing any customer service issues. We will never share or sell your information to a third party.

In the event that Blu Dove Designs, LLC is sold or transferred to another owner, all of your information may be transferred upon final execution of the sale.

Account Termination

Non-payment of monthly subscription fees, failure to provide accurate billing information and participating in any activities outlined in these terms and conditions may result in account termination, without notice or refund.

Support plans are in increments of 1, 3, 6 or 12 month periods and will convert to a month-to-month plan unless you request cancellation, in writing, at least 30 days prior to the renewal date.

Terms Updates

Blu Dove Designs reserves the right to change or modify current Terms and Conditions at any time. By signing up for managed services with bludovedesigns.com (Blu Dove Designs LLC) you fully agree to these Terms and Conditions.