Terms & Conditions

You shall pay all fees or charges to your account in accordance with the setup and ongoing fees and charges, and billing terms in effect at the time a fee or charge is due and payable. The amount payable will be equal to the setup and ongoing charges related to your plan plus any excess number of total User licenses requested times the per User license fee currently in effect. Payments may be made, in advance, monthly, half-yearly or annually, consistent with the Initial Term (the first License Term), or as otherwise mutually agreed upon. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide BizLift Marketing with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized License Administrator may add user licenses by executing an additional written Order Form. Added user licenses will be subject to the following: (i) added user licenses will be coterminous with the preexisting License Term (either Initial Term or renewed License Term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; (iii) where monthly License Terms are enacted user licenses added in the middle of a billing month will be charged in full for that billing month; and (iv) where half yearly and yearly license terms are enacted additional user licenses will be charged pro rata with a minimum charge of one month. BizLift Marketing reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by email. All pricing terms are confidential, and you agree not to disclose them to any third party. Any and all fees paid in advance are not refundable if you cease to use the Service.

In addition to any other rights granted to BizLift Marketing herein, BizLift Marketing reserves the right to suspend or terminate this Agreement and your access to the Service, if your account becomes delinquent (falls into arrears). Access to the Administration interface will be suspended immediately if an invoice is delinquent and is re-enabled when such delinquent invoices are paid in full. BizLift Marketing reserves the right to suspend or terminate your public website if delinquent invoices are 60 days overdue. Delinquent invoices are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or BizLift Marketing initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Cost section above. You agree that BizLift Marketing may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

BizLift Marketing reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that BizLift Marketing has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 60 days or more delinquent.

THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER BizLift Marketing NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the above limitations may not apply to you.

IN NO EVENT SHALL BizLift Marketing OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE USE OR THE INABILITY TO USE THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBPAGE’S AND WEBSITE IS WITH THE CLIENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

Client agrees to indemnify and hold BizLift Marketing, its parents, subsidiaries, affiliates, officers, employees and service providers and partners ("Partners"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following: Your use of the services, use of website(s) by any third party, purchase or use of Your products or services, Your use of information about BizLift Marketing obtained via the design and development services You contracted us to provide, the violation of this Agreement by You, or the infringement by You, or any third party using Your website(s) of any intellectual property or other right of any person or entity. Client further agrees to immediately remove any copyright material submitted by Client to BizLift Marketing upon notice from BizLift Marketing. Although our work and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender or the individual generating the transfer of files or communication for any loss or damage arising in any way from its use.

The finished assembly of web pages produced by BizLift Marketing and graphics shall be considered a "work for hire", to be vested with the Client only upon final payment, including but not limited to design, photos, graphics, customers, and text, which have been specifically designed for the Client, PROVIDED that rights to work-up files and computer programs shall remain the property of their respective owners.

Client further agrees to immediately remove any material submitted by Client to BizLift Marketing and subject to claim of ownership by third parties upon notice from BizLift Marketing.

BizLift Marketing retains the right to display representative samples of graphics and other Web design elements produced by BizLift Marketing as examples of their work in their respective portfolios for their own marketing, advertising, or promotional materials.

The client represents to BizLift Marketing and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BizLift Marketing for inclusion in webpage’s are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend BizLift Marketing and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Client acknowledges and agrees that the sites and service and any necessary software used in connection with the sites or service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Client further acknowledges and agrees that content on the sites or presented to you through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by BizLift Marketing, you agree not to sell, distribute or create derivative works based on the sites, service or software, in whole or part.

Client’s website may be terminated at any time by a written notice from the Client 15 business days before the renewal date. Client will not be refunded for any prepaid amount. Upon cancellation, BizLift Marketing will make a copy of the client’s site. The copy of the site will reside on the servers (not active) for 60 days, after which the account will be deleted entirely. If the customer would like to resume services with BizLift Marketing within 60 days of cancellation, there will not be an additional charge for reinstating the website. After 60 days of cancellation, any requests to take the site live will be treated as a new project and is subject to BizLift Marketing’s regular rates. Client’s charges will cease upon the next billing cycle given that the client has submitted a cancellation request 5 business days in advance. If the customer fails to submit the request in this timeframe, the cancellation will take effect on the following billing cycle.

From time to time, BizLift Marketing may (and has the right to) send Client information and offers about upgrades, documentation and other services offered by BizLift Marketing and its Partners. Notwithstanding the foregoing, under no circumstances will BizLift Marketing or any of its Partners have any obligation to provide Client with upgrades, enhancements, or modifications, for the Services or Sites.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.