Terms of Service

1. Introduction

Welcome to Bliztek, LLC (“Bliztek”). These Terms of Service (“Terms”) govern your use of our services, including web development, web hosting, domain name management, SEO, and social media marketing, collectively referred to as “Services.” By using our Services, you agree to these Terms. If you do not agree, please refrain from using our Services. By using our Services, you represent that you are at least 18 years of age and, if you are using the Services on behalf of an entity, that you have the authority to bind that entity to these Terms.

2. Definitions

• “We,” “Us,” “Our”: Refers to Bliztek, LLC, a Florida limited liability company located at PO Box 492534, Leesburg, FL 34749.
• “Client,” “You”: Refers to the individual or entity using our Services.
• “Agreement”: Refers to these Terms of Service and any additional agreements entered into with us.
• “Deliverables”: Refers to all work product, code, designs, content, and other materials produced by Bliztek in the course of providing Services.

3. Account Registration

Certain features of our Services, including the client dashboard, domain management, content management, and invoice payment, require You to create an account. By creating an account, You agree to:

• Provide accurate, current, and complete information during registration and keep Your account information up to date.
• Maintain the security and confidentiality of Your login credentials. You are responsible for all activity that occurs under Your account.
• Notify Bliztek immediately at support@bliztek.com if You become aware of any unauthorized use of Your account or any other breach of security.
• Not share Your account credentials with any third party. Bliztek is not liable for any loss or damage arising from Your failure to safeguard Your account credentials.

Bliztek reserves the right to suspend or terminate any account that violates these Terms or is used for unauthorized purposes.

Guest Domain Purchase

You may purchase a domain name through our marketing website without a pre-existing account. When You complete a guest domain purchase, You provide your contact details and payment information. A client record is created in our system at the time of purchase. After payment is confirmed, we will send You an email with a link to set a password and activate Your client account so You can manage Your domain, view invoices, and access the client dashboard. Until You set a password, Your domain registration is still active and managed on Your behalf. You are responsible for ensuring that the email address You provide is accurate and accessible.

4. Services Provided

Web Development

Includes website design, development, and customization based on agreed-upon specifications. This involves transforming your requirements into a tangible and agreed-upon solution. Upon completion and full payment, all source code will be delivered to you and ownership of the developed code will transfer to you as described in Section 7 (Intellectual Property).

• Process Highlights:
  • Initial Discovery: Goal definitions, requirements gathering, and project scheduling.
  • Development: Environment setup, backend/frontend programming, and third-party integrations.
  • Deployment: Production deployment, testing, and verification.
  • Maintenance: Support, security updates, and feature request management.

Web Hosting

Includes hosting services as described in Your plan, along with server maintenance and support. Hosting resources, email, and SSL are as specified in Your plan or proposal.

Domain Name Management

Includes domain name registration, renewal, DNS management, and domain transfer assistance through our client dashboard. Domain registration is facilitated through our registrar partner, Enom (a Tucows company). Domain registration fees are separate from hosting fees and will be outlined in the applicable invoice or proposal.

• Ownership: All domains are registered in the Client’s name and remain the Client’s property at all times.
• Registration & Renewal: Bliztek will manage domain registration and renewal on behalf of the Client through our registrar partner. The Client is responsible for ensuring timely payment of renewal fees to avoid domain expiration. Domain registrations are subject to the terms of our Domain Registration Agreement, which incorporates ICANN policies and registrar terms.
• ICANN Compliance: Domain registrations are subject to the policies and procedures of ICANN (Internet Corporation for Assigned Names and Numbers). The Client agrees to provide accurate registrant contact information as required by ICANN. Failure to provide or maintain accurate WHOIS information may result in domain suspension or cancellation.
• DNS Management: Bliztek will configure and manage DNS records as required for the Client’s services, including A records, CNAME records, MX records, and TXT records. DNS changes can be requested through the client dashboard or by contacting support.
• Domain Transfers: Upon request or termination of services, Bliztek will assist with transferring the domain away from Bliztek to the Client or another registrar at no additional charge from Bliztek. Transfers of existing domains to Bliztek may involve registrar fees and typically require a one-year renewal, as described in the Domain Registration Agreement.
• Domain Privacy: Where available, domain privacy protection may be offered to mask the Client’s personal information in the public WHOIS database. Availability and pricing vary by domain extension (TLD).

Search Engine Optimization (SEO)

Includes on-page and off-page optimization, keyword research, and analytics reporting. Performance is influenced by multiple factors, and specific outcomes, such as search rankings, are not guaranteed.

Social Media Marketing

Includes strategy development, content creation, posting, and analytics reporting.

Client Dashboard

Bliztek provides a client dashboard application that allows registered users to:

• Manage domain names, including registration, renewal, and DNS settings.
• Access and manage content delivered via our cloud storage providers.
• Review invoices and make payments for Services rendered.
• Communicate with Bliztek regarding ongoing projects and support requests.

Use of the client dashboard requires an active account (see Section 3) and is subject to all terms contained herein.

5. Client Responsibilities

• Provide all required content, information, and access promptly to facilitate our Services.
  • Examples: Credentials for servers, CMS, analytics, or asset libraries.
• Ensure compliance with applicable laws, regulations, and intellectual property rights.
• Review deliverables promptly and provide feedback within agreed timelines.

6. Payment Terms

• Fees: Fees for Services are outlined in the proposal or invoice. Payment schedules will also be specified.
• Late Payments: Late payments may incur interest at 1.5% per month or the maximum amount permitted by law.
• Online Payments: Payments may be made through the client dashboard using a credit card, debit card, or other accepted payment methods. All payments are processed securely through our PCI DSS-compliant third-party payment processor.
• Renewals: Subscription-style Services (including hosting, maintenance plans, and SEO and social media management retainers) continue until cancelled and are invoiced for each billing period. The Client may cancel as described in our Refund & Cancellation Policy. Domain registrations renew according to the auto-renew setting on each domain, which the Client controls and may change at any time in the client dashboard; changes must be made before the registrar’s renewal cutoff, and domains without auto-renew enabled will expire unless renewed. Renewal reminders are provided via the client dashboard.
• Refunds: Refunds are subject to our Refund & Cancellation Policy. Domain registration fees are generally non-refundable due to third-party registrar obligations.
• Pricing Models:
  • Pay by Hour: Flexibility and scalability for undefined or evolving scopes.
  • Pay by Feature: Predictable costs based on specific milestones or deliverables.
  • Recurring Payments: For infrastructure, email services, and domain renewals.

7. Intellectual Property

• Ownership: Upon full payment, ownership of deliverables transfers to the Client, excluding third-party software or assets. Until full payment is received, Bliztek retains all right, title, and interest in the deliverables.
• Pre-Existing Materials: Bliztek’s pre-existing tools, frameworks, libraries, and generic know-how remain the property of Bliztek. To the extent such materials are incorporated into deliverables, Bliztek grants the Client a non-exclusive license to use them as part of the deliverables.
• Client Content: The Client grants Bliztek a non-exclusive license to host, copy, display, transmit, and publish Client-provided content solely as needed to provide the Services, including posting content to the Client’s social media accounts where applicable.
• Licenses: Any third-party assets, plugins, or software remain the intellectual property of their respective owners.
• Tools: We may use software tools, including AI-assisted tools, in producing deliverables.
• Credit: We reserve the right to include our company name or logo in the website footer or other deliverables unless otherwise agreed.

8. Hosting and Security

• Hosting Services: We provide hosting as per the agreed plan and use commercially reasonable efforts to keep hosted services available.
• Security: While we take reasonable security measures, we cannot guarantee absolute protection against breaches or cyber-attacks. Bliztek is not liable for damages resulting from distributed denial-of-service (DDoS) attacks, third-party security breaches, or vulnerabilities in client-provided code, plugins, or third-party integrations.
• Backups: Backup services are provided as included in Your plan. However, Clients are strongly encouraged to maintain independent backups of all critical data. Bliztek is not liable for data loss resulting from backup failures or circumstances beyond our reasonable control.

9. Acceptable Use Policy

Clients utilizing Bliztek’s hosting services agree to the following acceptable use requirements. Violations of this policy may result in immediate suspension or termination of services without prior notice.

• Prohibited Content: Clients may not host, store, distribute, or link to any content that is illegal under federal or Florida state law, including but not limited to content that promotes illegal activity, constitutes fraud, or violates any applicable law or regulation.
• Malware & Malicious Code: Distribution of malware, viruses, trojans, ransomware, or any other malicious software is strictly prohibited.
• Spam: Using hosting services to send unsolicited bulk email, spam, or any form of unsolicited commercial communications is prohibited.
• Excessive Resource Consumption: Clients may not use hosting resources in a manner that degrades performance for other users, including but not limited to running resource-intensive processes unrelated to normal website operation.
• Cryptocurrency Mining: Using hosting resources for cryptocurrency mining or similar computationally intensive activities is prohibited.
• Intellectual Property Infringement: Hosting content that infringes upon the intellectual property rights of any third party, including copyrighted material, trademarks, or trade secrets, is prohibited.

10. SEO and Marketing Performance

• Performance Guarantees: SEO results are influenced by multiple factors. While we employ best practices, specific outcomes, such as search rankings, are not guaranteed.
• Client Cooperation: Your cooperation, including timely implementation of recommendations, is essential for achieving desired results.

11. Termination

Termination for Convenience

• Either party may terminate this agreement with 30 days’ written notice.
• In the event of termination, the Client must pay for Services rendered up to the termination date.
• Upon termination, all work in progress will be provided “as is” without warranties or guarantees.

Termination for Cause

Bliztek may terminate this Agreement immediately, without prior notice, in the event of:

• A material breach of these Terms by the Client that remains uncured for ten (10) days after written notice of the breach.
• Non-payment of any fees due after 30 days’ written notice of the outstanding balance.
• Client engagement in illegal activity in connection with the Services.
• Violation of the Acceptable Use Policy (Section 9).

Post-Termination Data & Migration

• Upon termination, the Client has 30 days to request copies of all data, files, and content hosted or managed by Bliztek. After this 30-day period, Bliztek may delete all Client data without further obligation.
• Bliztek will provide reasonable assistance with domain transfers to the Client or another provider upon termination, as described in Section 4.

Sections of these Terms that by their nature should survive termination, including payment obligations, intellectual property, confidentiality, limitation of liability, and indemnification, will survive termination or expiration of this Agreement.

12. Limitation of Liability

• To the fullest extent permitted by law, our liability for damages is limited to the amount paid by the Client for the specific Service giving rise to the claim during the twelve (12) months preceding the event.
• We are not liable for indirect, incidental, or consequential damages, including lost profits or data.
• Any claim arising under or related to these Terms must be brought within one (1) year after the cause of action accrues, or such claim shall be permanently barred.

13. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information shared during the course of this Agreement. This confidentiality obligation shall survive for a period of two (2) years following the termination or expiration of this Agreement.

Exclusions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party.
• Was already known to the receiving party prior to disclosure.
• Is independently developed by the receiving party without use of or reference to the disclosing party’s confidential information.
• Is required to be disclosed by law, regulation, or court order, provided the receiving party gives prompt written notice to the disclosing party where legally permitted.

Remedies

Both parties acknowledge that a breach of confidentiality obligations may cause irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, the non-breaching party shall be entitled to seek injunctive or other equitable relief in addition to any other remedies available at law or in equity.

14. Warranty Disclaimer

To the fullest extent permitted by applicable law, all Services are provided on an “AS IS” and “AS AVAILABLE” basis. Bliztek expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Bliztek does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

15. Client-Provided Content Warranty

The Client represents and warrants that they own or have obtained all necessary rights, licenses, and permissions for all content provided to Bliztek in connection with the Services, including but not limited to text, images, graphics, logos, audio, video, and any other materials. The Client further warrants that such content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party, and does not violate any applicable law or regulation.

16. Indemnification

The Client agrees to indemnify, defend, and hold harmless Bliztek, LLC, its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Content provided by the Client or published at the Client’s direction.
• The Client’s use of the Services.
• The Client’s violation of these Terms or any applicable law or regulation.
• Any infringement or alleged infringement of any third-party intellectual property rights, privacy rights, or other rights arising from Client-provided content or Client’s instructions.

17. Force Majeure

Neither party shall be liable for any delay or failure in performing its obligations under this Agreement to the extent such delay or failure is caused by events beyond the party’s reasonable control, including but not limited to: natural disasters (earthquakes, floods, hurricanes), pandemics or epidemics, government actions or regulations, internet or power outages, acts of terrorism or war, labor disputes or strikes, and failures of third-party service providers. The affected party shall provide prompt notice to the other party and use reasonable efforts to mitigate the impact of the event.

18. Portfolio Rights

Bliztek retains the right to display completed work, including screenshots, descriptions, and project summaries, in its marketing materials, website portfolio, case studies, and other promotional contexts. The Client may opt out of this provision at any time by providing written notice to Bliztek at support@bliztek.com, and Bliztek will remove the Client’s work from its portfolio within a reasonable time frame.

19. Modifications to Terms

We reserve the right to update or modify these Terms at any time. Clients will be notified of significant changes via the client dashboard and/or by posting updates on our website. Continued use of the Services following notification of changes constitutes acceptance of the revised Terms.

20. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent of the parties to the greatest extent possible. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.

21. Entire Agreement

These Terms, together with any proposals, invoices, or supplemental agreements executed by both parties, constitute the entire agreement between the Client and Bliztek with respect to the Services and supersede all prior or contemporaneous communications, proposals, representations, and agreements, whether oral or written. No amendment or modification of these Terms shall be effective unless made in writing and signed or acknowledged by both parties.

22. Assignment

The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Bliztek. Bliztek may assign this Agreement, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without the Client’s consent. Any purported assignment in violation of this section shall be null and void.

23. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in the State of Florida, and both parties consent to the personal jurisdiction of such courts.

24. Notices

Notices to the Client may be provided via the client dashboard, by posting on our website, and/or by email to the address registered on the Client’s account. Notices to Bliztek must be sent by email to support@bliztek.com or by mail to Bliztek, LLC, PO Box 492534, Leesburg, FL 34749.

25. Related Policies

The following policies are incorporated by reference and form part of Your agreement with Bliztek:

• Privacy Policy — How we collect, use, and protect Your data.
• Domain Registration Agreement — Additional terms governing domain name registration services.
• Refund & Cancellation Policy — Terms governing refunds and service cancellations.

26. Contact Information

For any questions about these Terms, please contact us at: