Terms And Conditions

Thank you for choosing Blue Flare Digital. To ensure a transparent partnership, we ask that you carefully review our Terms and Conditions below. These terms are effective as of the last updated date and may be revised annually. By using our services, you agree to abide by the current terms and any subsequent revisions.

Important: As a standard practice, a discreet “Built and designed by Blue Flare Digital” link will appear in your website’s footer to credit our work. This non-intrusive element supports our portfolio while preserving your site’s professional aesthetic.

1. Scope of Services

1.1 Service Description

Blue Flare Digital (“Agency”) agrees to provide the following AI-powered web design and development services as outlined in the mutually signed project proposal, statement of work (SOW), or service agreement:

  • Custom Web Design: Creation of responsive, user-centric websites tailored to your brand identity build using WordPress, including AI-driven design recommendations.
  • Website Copy: Use of generative AI tools to draft initial website copy, subject to your final approval.
  • Logo Design: Use of AI and human creativity to design professional logos that represent your brand.
  • Branding: Colors and font selection for your website.
  • Website Redesign: May include complete website design overhauling, adding specific pages, optimizing website copy, speed optimization, or core web vitals optimization.
  • SEO & Analytics: Basic on-page SEO setup, integration of Google Analytics & Google Search Console, and AI-driven keyword recommendations (advanced SEO services require a separate agreement).
  • Website Maintenance: Including website hosting management, minor technical issues resolution, updating plugins & themes, and domain renewal.

1.2 Project Scope

  • Your quotation from Blue Flare Digital is crafted based on the Project Scope discussed in our communications, which aligns with your goals, specifications, and priorities as we’ve mutually understood them.
  • Once the quotation is formally approved, any changes that expand or revise the agreed scope may require adjustments to timelines, fees, or both. We’ll always provide a revised estimate for your approval before proceeding, ensuring transparency and alignment at every step.
  • The quotation is valid for 30 days and is based upon the project starting within 30 days of this agreement being signed.
  • Blue Flare Digital reserves the right to requote if the project commencement exceeds this period. We commit to adhering to the proposed timelines specified in the proposal.

1.3 AI Tools & Processes

  • Ethical AI Use: All AI-generated outputs (text, design elements) undergo human review to ensure accuracy, brand alignment, and compliance with legal standards.
  • Third-Party AI Platforms: We may use licensed third-party AI tools (e.g., Deep Seek, ChatGPT, Perplexity, Midjourney, or custom models) to enhance deliverables. You will be notified of any tool requiring separate client-side licensing.
  • Training Data: For AI models requiring client-specific training (e.g., brand voice replication), you agree to provide sufficient data (text, images, style guides) and grant us temporary, non-exclusive rights to process this data solely for your project.

1.4 Revisions & Scope Changes

  • Included Revisions: The SOW includes 2 rounds of free revisions per deliverable (e.g., design alterations and text amendments). Revisions must align with the original project scope.
  • Scope Creep: Requests exceeding the SOW (e.g., additional pages, features, or integrations) will be billed at hourly rate or via a revised SOW.
  • Final Approval: You are responsible for reviewing and approving all deliverables. Once approved, further changes may incur fees.

1.5 Exclusions

The following are not included unless explicitly stated in the SOW:

  • Ongoing website maintenance, website copy, security updates, or post-launch support.
  • Purchases of third-party licenses (e.g., premium plugins, stock media, custom fonts).

2. Client Responsibilities

2.1 Timely Communication

  • Feedback & Approvals: You agree to provide written feedback or approvals within 3-7 business days (depending on the complexity of the project) of receiving deliverables. Delays exceeding this period may result in project pauses or rescheduling fees.
  • Point of Contact: Designate a single primary contact to streamline communication. Changes to this contact must be provided in writing.

2.2 Content Provision

  • Accuracy & Legality: You warrant that all materials provided (logos, text, images, videos) are accurate, legally owned, and free of infringement. The Agency is not liable for disputes arising from unauthorized/copyrighted content. Images should be compressed in a zip file before sending to us.
  • For videos, upload them in high resolution (HD, 2K, or 4K) to a platform like YouTube or Vimeo. Share the video URLs for embedding on the website.
  • Delivery Timeline: Required assets (e.g., website content, brand guidelines, product data) must be submitted in MS Word or PDF format within 3 days of project kickoff. Delays may impact launch timelines.
  • When providing the final client-approved website copy, ensure each page’s content is clearly separated and organized by labeling them (e.g., Home, About, Services) for easy implementation.
  • Our standard website process does not include wireframes or visual mockups. This is because we design and develop websites in WordPress and made them available via a secure link for your review, feedback, and approval.

2.3 AI Collaboration

  • Training Data: If AI training is required, you must provide datasets free of sensitive, proprietary, or copyrighted material not owned by you.
  • Output Review: You are responsible for reviewing the output (e.g., copy, design) for accuracy and compliance. The Agency will rectify errors caused by technical flaws but not those arising from insufficient client input.

2.4 Technical Requirements

  • Access & Credentials: Provide timely access to required platforms (e.g., domain registrar, hosting accounts, CMS logins) for website redesign projects.
  • Third-Party Dependencies: Delays caused by your vendors (e.g., slow API integration by your e-commerce platform) are not the Agency’s responsibility.

2.5 Compliance

Ensure your website complies with applicable laws (e.g., GDPR, ADA, CCPA). The Agency may include basic accessibility or cookie consent tools, but full compliance is your responsibility.

3. Payment Terms

3.1 Fee Structure

  • Deposit: A non-refundable deposit of 50% of the total project fee is required to commence work.
  • Milestone Payments: For large projects, fees are divided into 3 milestones (e.g., 50% deposit, 25% at design approval, 25% at launch). For small projects, fees are divided into 2 milestones i.e. 50% deposit and 50% at launch.
  • Hourly Rate: Out-of-scope work is billed at $20/hour.

3.2 Invoicing & Late Payments

  • Invoice Schedule: Invoices are issued via the selected payment platform and due within 14 days of receipt.
  • Late Fees: Overdue invoices accrue surcharge at 2% of the outstanding dues per day.
  • Disputes: Invoice disputes must be raised in writing within 7 days of receipt.

3.3 Refunds & Cancellation

  • Client Cancellation: If client elects to cancel the project before its completion, a written notice must be provided. Upon cancellation, the client will be billed for all work completed up to the date of cancellation. Any initial deposit is non-refundable.
  • Agency Cancellation: We reserve the right to terminate services for non-payment, harassment, or unlawful requests, with fees due for work completed.
    • In the unlikely event that we cannot deliver on the project due to unforeseen circumstances, the client will be notified immediately.
    • Any payments made beyond the initial deposit will be refunded, and any work completed up to that point will be handed over to the client.

3.4 Additional Costs

  • Third-Party Expenses: Costs for premium plugins, stock media, or custom fonts will be itemized and pre-approved.
  • Hosting/Subscriptions: Ongoing costs (e.g., hosting, SaaS tools) are your responsibility post-launch unless managed under a separate agreement. However, the hosting for the first year is included in the web design package free without any additional charges.

3.5 Payment Methods

  • Accepted methods: Payoneer, Skrill, and Bank transfer.
  • Currency: PKR, USD, GBP, Euro, and CAD. International clients cover transaction fees.

4. Intellectual Property

4.1 Client Ownership

  • Final Deliverables: Upon full payment of all fees, you (‘Client’) own the exclusive rights to the final website design, content (text, images, videos), and domain name and hosting (if purchased by the Agency on your behalf).
  • License to Use: The Agency grants you a perpetual, worldwide, lifetime license for WordPress theme to use.
  • Exclusions: Ownership does not extend to proprietary tools, frameworks, or AI models used to create your deliverables (see Section 4.2).

4.2 Agency Rights & Retained Materials

  • Reusable Assets: The Agency retains ownership of all pre-existing or custom-developed tools, including AI models, templates, plugins, and design systems (“Agency Assets”). You receive a license to use Agency Assets solely within your final deliverables.
  • Portfolio Rights: We may display your completed project in our portfolio, case studies, or marketing materials.
  • Open-Source Components: If open-source tool is used, its licensing terms govern its use. The Agency is not liable for third-party open-source license compliance.

4.3 Third-Party Assets

  • Client-Provided Materials: You warrant that all logos, images, fonts, or videos provided to the Agency are either owned by you, licensed for commercial use, or in the public domain. The Agency is not liable for copyright disputes arising from unauthorized materials.
  • Purchased Licenses: If the Agency acquires third-party assets (e.g., stock photos, premium plugins) on your behalf, you assume responsibility for ongoing licensing fees and compliance with the provider’s terms.
  • Ecommerce websites built with WooCommerce or Shopify may require additional extensions to enhance the functionality. These extensions may need additional licenses or purchases.

4.4 Moral Rights Waiver

  • You waive any “moral rights” or attribution claims to deliverables, except where required by law (e.g., open-source software licenses).

5. AI & Data Usage

5.1 Data Handling & Security

  • Client Data: Data provided by you (e.g., user analytics, training datasets) is securely processed. Access is restricted to Agency personnel directly involved in your project.
  • AI Training: If your project requires training AI models on client-specific data (e.g., brand voice replication), we will:
    • Delete or anonymize training data post-project unless retained under a separate agreement.
    • Never use your data to train third-party AI models without explicit written consent.
  • Third-Party AI Tools: When using external AI platforms, we ensure they comply with GDPR, CCPA, and other data privacy laws. You are responsible for reviewing and accepting third-party AI tool terms.

5.3 Limitations & Disclaimers

  • Bias & Compliance: AI tools may reflect inherent biases in training data. The Agency will mitigate risks but is not liable for unintended outcomes (e.g., algorithmic bias in chatbots).
  • Continuous Learning: AI models used by the Agency may improve over time, but your deliverables will not be retroactively altered by such improvements unless agreed in writing.

5.4 Data Retention

  • Post-Project Data: The Agency retains anonymized, aggregated project data for internal analytics and AI model improvement. Personally identifiable information (PII) is deleted within one year of project completion.

6. Confidentiality

6.1 Non-Disclosure Agreement (NDA)

  • Confidential Information: Both parties agree to treat all non-public information exchanged during the project as confidential, including:
    • Business strategies, pricing models, and proprietary workflows.
    • Technical data (e.g., site architecture, AI training methods).
    • Client user data, analytics, and unpublished project details.
  • Obligations: Confidential information may only be used for the purposes of this project. It may not be disclosed to third parties without prior written consent, except to legal or financial advisors bound by confidentiality.

6.2 Exclusions

Confidentiality obligations do not apply to:

  • Information already publicly available or independently developed by the receiving party.
  • Disclosures required by law, court order, or regulatory bodies (to the extent legally permissible).
  • Feedback or suggestions you voluntarily provide for improving our Services.

7. Limitation of Liability

7.1 Cap on Damages

  • Total Liability: The Agency’s total liability for any claim arising from these Terms or the Services, whether in contract, tort (including negligence), or otherwise, is limited to the total fees paid by the Client for the specific project in question.
  • No Consequential Damages: In no event shall the Agency be liable for indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, lost revenue, reputational harm, or business interruption.
  • Blue Flare Digital will not be liable for any loss or damage occurs after handing over the website to client.

7.2 Indemnification

  • Client Obligations: You agree to indemnify, defend, and hold harmless the Agency, its employees, affiliates, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
    • Your use of the deliverables in violation of these Terms or applicable laws.
    • Your provision of inaccurate, unlawful, or infringing content (e.g., copyrighted images, defamatory text).
    • Your breach of these Terms, including failure to pay fees or provide required materials.
  • Agency Assistance: The Agency reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

7.3 Third-Party Issues

  • Hosting & Platforms: The Agency is not liable for downtime, errors, data loss, security breaches, or performance issues caused by third-party platforms, including but not limited to:
    • Web hosting provider.
    • Content management systems (e.g., WordPress, Shopify).
    • Payment gateways (e.g., Skrill, Payoneer, Stripe, PayPal, etc.).
    • APIs or integrations with third-party services.
  • Client Responsibility: You are responsible for selecting, maintaining, and complying with the terms of third-party services. The Agency may provide recommendations, but ultimate responsibility lies with you.
  • Mitigation Efforts: The Agency will make reasonable efforts to assist in resolving the problem if you give us the ongoing maintenance responsibility. This include hosting related issues, plugins and themes, website performance issues, and minor technical errors.

7.4 Force Majeure

  • Unforeseen Events: The Agency is not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to:
    • Natural disasters (e.g., earthquakes, floods).
    • Pandemics or public health emergencies.
    • Acts of terrorism, war, or civil unrest.
    • Government regulations or internet outages.
  • Notification: In the event of a force majeure, the Agency will notify you promptly and work to minimize the impact on your project.

8. Website Maintenance Terms

  • We offer ongoing maintenance services at an additional cost that includes theme and plugin updates, hosting management, core web vitals optimization, and minor technical issue resolution.
  • First month maintenance is free with any web design package.
  • If any post-launch optimization, maintenance, or updates requested by the Client require additional costs, the Client is responsible for paying it. The ongoing maintenance doesn’t include recovering the website from hackers or any other security breaches. In that case, you are required to contact the hosting provider or hire the services of a website recovery specialist.

9. Domain Name Registration and Hosting Renewal

  • After the final payment, we hand over all the login details and full access to client including WordPress, hosting and domain registrar etc.
  • After that, the client is responsible for managing the Website, domain, and hosting including the annual renewal unless until the client hires Blue Flare Digital for ongoing maintenance.

10. Amendments

10.1 Updates to Terms

  • Periodic Revisions: The Agency reserves the right to update or modify these Terms at any time to reflect changes in our Services, legal requirements, or industry standards.
  • Effective Date: Updated Terms (only major) will be effective immediately upon posting on our website or as otherwise communicated to you.
  • Continued Use: Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must discontinue using the Services.
  • You acknowledge that it is your responsibility to review these Terms periodically for updates. The Agency is not obligated to notify you of every minor change.