The following Terms of Use may be updated or modified at any time, so you are urged to revisit this policy periodically. Current Clients may also receive email notifications of any updates.

By using any of our services, all BNE Clients agree to the following terms of use when activating a new or renewing an existing service, and or beginning a new design/print project with Bluenotes Entertainment.

“Client” is the user of any BNE Service.

[Updated May 1, 2013]

Document Sections:

1. General All BNE Services
2. Website Designs
3. Website Hosting
4. Website Maintenance
5. Domain Activations
6. Email Accounts
7. Design Approvals for Websites and Graphic Images
8. Graphic Printing Policies
9. Store Purchases

I. General, All BNE Services

1. Clients cannot hold BNE, partners, or owners liable for any website downtime or lost of revenue as these are usually out of our control due to natural disasters, datacenter malfunctions, loss of internet access, or a failed payment from the Client. If at any time, the Client’s website is down or our server are down, BNE will work diligently with our hosting partner, inMotion Hosting, to correct the issues.
2. All projects, designs, and orders must be approved by the Client prior to production.
3. Any project design that becomes abandoned (30 days of inactivity due to the Client not communicating, not providing requested content, or not completing approvals for completion) will incur a $50 or 10% fee, which ever is greater, to continue work. Any project with 45 or more days of inactivity will be dropped (cancelled) and non refundable. Incase of certain emergencies, this fee may be waived.
4. BNE may communicate with all previous and current clients via email or phone. Client’s may also receive future promotion or educational emails about their previous project or other similar services that may benefit that project. All recipients of promotional emails can opt-out by unsubscribing their email address directly from the provided “Unsubscribe” link usually found on the bottom of the received email. Users may also unsubscribe by contacting us personally.
5. Client account balances must be paid in full prior to any completed project or design can be sent to production or delivered to Client. All outstanding Client account balances must also be paid in full prior to any renewal service plans continue such as website domains, website hosting, website maintenance plans, or marketing campaigns.
6. Bluenotes Entertainment website hosting, website domains, and email accounts are provided to our Clients only and must be using a BNE custom designed website. This is to preserve the quality and security of our servers and to allow full transparency of ourselves to you. We strive hard to bring the best possible care and performance to all of our Clients. If you should have any questions regarding our policies, please contact us.

IV. Website Designs

1. Cost: There is no set price for every website design project. We base our proposal on project needs, time limitation, and other Client specific factors. To begin any project, a 50% deposit is required based on the proposed estimate. Remaining cost are due for project delivery.
2. Concept Design: If an existing design is not provided to BNE, and is not a BNE contest or promotion, we will create 2 (two) concept designs for the Client based on provided feedback. Additional designs may be created at an additional cost. One of these designs must be chosen to be used as the main design for the project. The chosen design also will be given up to 2 (two) revisions to alter the color scheme and typography styles.
3. Content: All content must be provided to BNE to implement into the website. This includes your logo, graphics, model photography, text, documents, etc. Content must either be emailed if size permitted, or uploaded via the Client’s Portal.
4. Site Publicity (SEO): The Client may request that the site be publicized to all major search engines, including: Google, Yahoo, and Bing. Search Engine updates of site information are reflected to the end users 1 to 3 weeks after search engine notification. BNE cannot guarantee the popularity, placement, rate of index, or information detailed by the search engine. It falls under the Client’s responsibility to use additional marketing campaigns and SEO to increase awareness and traffic to their website.
5. Basic SEO: BNE will incorporate best practices by adding appropriate meta information for each page including link and image tags and a sitemap.
6. Cross Browser Compatibility: The website design will be compatible with most major web browsers including: Microsoft Internet Explorer 9+, Firefox, Safari, and Google Chrome. Browser plugins may be required by the viewer to access areas of the website such as adobe flash or javascript. Older browsers (older than 5 years including IE8 and older) may still display the website in it’s entirely; however, CSS3 effects,HTML5 code, or performance may be altered, degrade gracefully or not be viewable.
7. Project Files: A copy of completed project files can be provided to the Client at the completion of said project at the Client’s request only. Website files include: HTML, PHP, jQuery, Javascript and Database used in the published website.
8. Website Content Copyrights and Trademarks: The Client represents to BNE and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BNE for inclusion in webpages 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 BNE and its subcontractors and affiliates from any claim or suit arising from the use of such elements furnished by the Client.
9. Website Design Refund Policy: Refunds are not given if the Client halts/cancels project.
10. WordPress Websites Clients are given access to their website using a login/password given at project delivery including access to our support documentation. Clients are responsible to view their support documentation, specifically the FAQ section, regarding user account limitations and how to increase them.

II. Website Hosting Services

1. All plans are to be paid in full annually according to the Client’s activation schedule and will be activated for 1 year.
2. Failed payments or late payments will result in the Client’s website going offline. If the account is 30 or more days past due,  a the website and all links will redirect to an offline message and a $50 service reactivation fee will be added to the previous balance to reinstate the Client’s account. If the account is 60 days past due and the  previous balance has not been paid, including the re-activation fee, we will assume you have abandoned your hosting account including your website. Therefore, all site files, directories, accounts, and email address will be permanently deleted and not be retrievable.
3. Only a BNE designer may have access to the BNE server including cPanel. Clients are not given access to the cPanel. Clients may required access via an FTP account to access their website server directory to edit their website code, download site files.
4. All Clients will be able to access their webmail accounts on the server by going to their domain URL followed by /webmail/ where they can use three different email applications. Email accounts can also be accessed by using a desktop/mobile email application such as Outlook, Apple Mail, Android Mail, etc.
5. While using a BNE hosting plan, Clients have the opportunity to request the most recent backup of their site directory and or database, once per month as long as all previous account balances are paid in full.
6. Backups of the Sever directories are performed daily by our Hosting Provider, inMotion Hosting, and twice per week to an off site location by Bluenotes Entertainment.
7. Hosting benefits and options may change at any time for renewals or new activations. Current active plan durations will not change until the Client’s following renewal date.
8. Current Hosting benefits and options are always presented on the Website Services Page.
9. Clients may request a Google Analytic Report of visitors to their website from their BNE Designer. Reports can range from Month to Month, Year to Year, or between two specified dates.
10. Bluenotes Entertainment does not currently own or operate the hosting server and equipment used for live websites. Therefore, we have partnered with inMotion Hosting to provide the hardware, bandwidth, and connections required to bring the highest quality in hosting solutions for all of our Clients. However, since we do not control the hardware, bandwidth or connections, we cannot be held liable for any website downtime caused by natural disasters, DNS errors, or disruption of internet connection between the data center and the ISP’s. We will work diligently with our Hosting Provider to correct any downtime if one were to happen.

III. Website Maintenance Plans

1. Website maintenance plans are available for all BNE created websites. Update request must be made via email, our contact page, or by using the contact form from their BNE Support page if using our WordPress CMS. These plans are intended for on-going website updates/support/maintenance. One time updates are based on “Pay as you Go” or a fixed cost based on the update/project needs.
2. Plan Options:
   • Pay as you go is billable work on an hourly basis with the first hour paid in full and subsequent hours in 30 minute increments. Each new update request represents a new project and billable hour unless the new update request is given within 48 hours of the previous request. If both request is given within a span of 48 hours they will be combined into a single project continuing the first billable hour. Additional request or updates made after 48 hours of the previous request represents a new project; therefore, starting a new billable hour.
   • Monthly Maintenance Plans provides a set of hours that can be used each month after the monthly payment is received. If work requires additional time beyond the allotment amount, that time will be billable at the per hour rate. All unused hours expire at the end of each month and cannot be used in the following months.
   • Annual Maintenance Plans is a full year plan that provides a set of hours to be used throughout the year. In this case, they do not carry over the following year and cannot use the unused hours of the previous year. Annual plans are prorated for the calendar year only (January 1st to December 31st). Annual plans, just like monthly plans, have a set number of hours that are included each year. Any work required after the hours have been used and before the annual plan expires will be billed at the hourly rate.
3. Monthly and Annual plans are paid in advanced before work can begin and each plan will state the set number of hours available for each month or each year.
4. Maintenance plans do not include setting up new website technologies, graphic designs or any add-on modules such as blogs, online stores, copywriting, mobile version development, new CMS integrations, or additional software that requires purchased licenses for use. These services may require additional cost.
5. Websites using a maintenance plan do include updating HTML code, optimization, changing text and images, updating CMS core files, browser compatibility checks, correcting external and internal links, formatting, and CSS styles.
6. All maintenance plans are non refundable.

V. Domain Activations

1. If the Client request BNE to activate a new domain on their behalf, BNE will hold administrative rights to the domain in question and will be included in our main account from our hosting provider.
2. Client may request administrative rights or release of BNE control at any time and for no additional cost. Request must be provided to BNE in writing or email.
3. BNE activated/administrated domains require annual payments starting at time of activation. If a payment is delayed for 30 days, the website linked to it may go offline, after which a $50 reactivation fee is required plus the regular domain cost at time of invoice.
4. The Client holds FULL ownership of the domain while in an active payment plan with BNE. BNE is only the administrator or authorized holder of the domain while in it’s possession.
5. Client will only lose ownership of their domain if they do not renew their annual domain registration with BNE within the 30 day window of each annual renewal period. This only applies if BNE is the current administrator of the domain.
6. Domains are registered with the domain registrar, inMotion Hosting.

IV. Email Accounts

1. Email accounts are provided with all BNE hosting plans. Clients cannot hold BNE or their partners, liable for any missed or lost emails or if the Client’s emails are sent to their contacts spam folders or not received. It is up to the client to make sure their emails are being sent properly to their respective contact and to make sure that those contacts have included the Client’s email address in their contact list. Each email company cannot control another email company as they have their own SPAM settings and levels.
2. All Clients can access their email accounts online using a modern web browser (IE8+, Firefox 5+, Safari, Google Chrome) by typing in their website domain followed by /webmail. Ex: http://www.bluenotesentertainment.com/webmail/
3. Email accounts may also be accessed by using a desktop application such as Microsoft Outlook, Firebird, Apple mail.app, etc. Or an iOS device (iPhone, iPad, iPod Touch) or any Android Device. Settings for access can be found by visiting the online webmail page.
4. Email storage is based on hosting plan terms and divided evenly by the number of active email accounts. For example, if a plan offers 4 email accounts at a total of 1GB of storage. Then each individual email account can hold 250Mb of storage. Adjustments to each individual account storage level can be made by requesting it from your BNE designer.
5. Clients are not required to use our email accounts, they may instead use their own personal, yahoo, gmail, hotmail, etc, or have their domain emails forwarded to their personal.
6. To activate new email accounts, deactivate existing email accounts or reset a lost password, please place a request to your BNE designer.

VI. Design Approvals for Websites and Graphic Images

1. All designs must be approved and or finalized prior to production or continuation of project.
2. Graphic Approvals and Website Designs must to be handled from the “Client Portal” page found in the Client’s Portal Account or by email approval of submitted proof.
3. Once a project/design is finalized, any requested edits afterwards will require additional cost unless otherwise noted in agreement terms.
4. Designs/Projects that are finalized for print order with BNE will be sent to the printing provider within 24 hours after any remaining and final payments has been received.
5. Designs/Projects that are finalized for delivery and not for printing with BNE, will be provided as a download from the Client’s Portal Page.

VII. Graphic Printing Policies

1. Print orders will be handled by telephone or email and will be shown on the invoice if applicable.
2. Print orders that are using BNE designed content (graphics) must be approved prior to being sent to our printing provider.
3. Our printer provider(s) will reproduce color from submitted graphic works as closely as possible but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements. Bluenotes Entertainment, Kerry Kline, and our printer providers, accept no responsibility for color variations between submitted images and the actual artwork or product they represent.
4. Graphic Art represented on a computer monitor may also not exactly match what is printed. This is due to RGB and CYMCK color spectrums being different. Also each monitor viewing the graphic designs can represent colors differently based on brightness, color density, resolution, etc. Our printing provider will closely match as closely as possible to the submitted graphic work.
5. Print Orders must be paid in full prior to being sent to the printers and will either be delivered or shipped based on delivery location. No refunds will be provided after design is approved for production.
6. Clients who supply graphic work and designs that were not created by Bluenotes Entertainment, or Kerry Kline must accept full responsibility of correctness of text, materials, colors, graphic layouts and required dimensions, bleeds, trims, margins and fold areas for printing sizes. Bluenotes Entertainment or their printer providers cannot be held liable for any mistakes or loss of color as the artwork was not created by Bluenotes Entertainment.
7. The Client accepts that no changes can be made once a design/project has been submitted as approved. The Client bears final responsibility for all design and typographical elements in the design. Bluenotes Entertainment will not be responsible for the costs of re-printing and/or re-shipping orders due to any errors the Client has approved.

The following Terms only applies to users who purchase a theme/template on our online store.

 

Store Purchases – Term of Use

• Before you purchase, download and use Bluenotes Entertainment themes/Templates for your own purposes, or for your clients’ website, please make sure you have read, understood, and agreed to all the terms. By using Bluenotes Entertainment themes/templates, we assume you’ve read, understood and accepted the terms of use that follows.
• Note that we reserve the right to change the prices or the terms and conditions at any time without prior notice.

 

Store Purchases – Limitation of liability

• Under no circumstances shall Bluenotes Entertainment be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising aut of the use, or the inability to use, the materials on this site, even if Bluenotes Entertainment or an authorised representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

 

Store Purchases – License types & theme usage

• Standard License allows you to use this product(s) on personal, commercial or client projects on an unlimited number of domains or projects.
• Any copyright, or other licenses provided within the included files, or documents, must be included in all distributions and cannot be altered or removed. Copyright notices remain the property of their perspective owners and developers.
• If the whole, or part, of the item has been created using materials which are the subject of a GNU General Public License (GPL), your use of the Work (or part Work) is subject to the specific terms of the GPL in place of the foregoing conditions (to the extent the GPL applies).

 

Store Purchases – Assets (images) used in the demo content

• These assets act only as placeholders to give you an idea on how your website might look. You must change those images with your own. This does not include icons or backgrounds provided with your download.

 

Store Purchases – Payments

• All payments are handled through PayPal.

 

Store Purchases – Downloads

• Download links received via your purchased email receipt are only available for 24 hours after which they will expire. If you would like to be able to re-download your purchases later, you will need to create an account at time of checkout.

 

Store Purchases – Support

• We provide Support Services for our products through our contact form. We do not provide support with regards of how to customize your purchase other than what is presented from the online preview/downloaded package. In order to receive support you can contact us from our support site.
• Note that you need to provide the transaction ID of your purchase, enabling us to verify if you are eligible to receive support. Basic documentation does come with your purchase and you will have access to our support doc’s website which will always have the latest docs. Link to the online support documentation will be provided in your email receipt.

 

Store Purchases – Refund Policy

• Considering that we offer non-tangible digital goods, we do not issue refunds after the purchase is made, which you are responsible for understanding upon making it.

 

Store Purchases – Warranty

• Our products are provided “as is” without warranty of any kind, either expressed or implied.We do not guarantee that our products will work in “all” browsers. Example, Internet Explorer 7 or older is not supported and any browser that is older than 5 years may not be supported. Bluenotes Entertainment does not guarantee compatibility with any additional third party plug-in, scripts, or applications.

 

Store Purchases – Privacy Policy

• Any information submitted by you (the buyer) for completing the transaction, delivering the product, informing about new product releases, and addressing any customer service issues are strictly confidential. We don’t share this information with anyone.

 

Store Purchases – Company Contact Information

• Office Email: kerry@bluenotesentertainment.com
• Physical Address: 20530 E. Arrow Hwy, Suite A, Covina, CA 91724