Welcome to Bluelight Marketing. These terms and conditions (“Terms”) govern your use of the free website design service offered by Bluelight Marketing (“Service”). By using the Service, you agree to these Terms. If you do not agree to these Terms, you should not use the Service.

1.Service Description
Bluelight Marketing offers a free website design service where a client gets a free website designed by Bluelight Marketing in return for paying for web hosting annually. The website remains the property of Bluelight Marketing, but the client has the right to use it as long as they continue to pay the annual hosting fee. The website can have a unique domain name registered by the client or a subdomain provided by Bluelight Marketing.

2. Payment and Fees
The client will pay for the web hosting service annually. Failure to make the payment may result in the termination of the hosting service and the website. Bluelight Marketing may change the hosting fee from time to time and will provide the client with reasonable notice of any such change.

3. Intellectual Property Rights
The website design, content, and any other materials provided by Bluelight Marketing remain the property of Bluelight Marketing. The client may not copy, reproduce, distribute, or modify any of the website design, content, or materials without the prior written consent of Bluelight Marketing. The client may use the website only for the purposes set out in these Terms.

4. Domain Names
The client may register a unique domain name for the website. The domain name will remain the property of the client, and the client will be responsible for any fees associated with registering and renewing the domain name. The client may also use a subdomain provided by Bluelight Marketing. The subdomain will remain the property of Bluelight Marketing.

5. Termination
Bluelight Marketing may terminate the Service or these Terms at any time without notice. Upon termination, the client’s access to the website and hosting service will be terminated. The client may terminate the hosting service by providing written notice to Bluelight Marketing at least 30 days prior to the next billing cycle.

6. Limitation of Liability
Bluelight Marketing will not be liable for any indirect, special, incidental, or consequential damages arising from the use of the website or the hosting service, even if Bluelight Marketing has been advised of the possibility of such damages. Bluelight Marketing’s liability to the client for any claim arising out of these Terms or the Service will not exceed the total amount paid by the client to Bluelight Marketing for the hosting service in the 12 months preceding the claim.

7. Governing Law
These Terms will be governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of these Terms or the Service will be resolved by arbitration in accordance with the rules of the Kenyan Commercial Arbitration Association.

8. Marketing materials. You hereby grant the Bluelight Marketing a non-exclusive, non-assignable, perpetual license to use screenshots, links, the name of the business for which the Services are provided, and other information about a Client’s website in its promotional or marketing materials. You permit and authorize Bluelight Marketing to use such information publicly, including, but not limited to, on the https://bluelight.co.ke, on the Bluelight Marketing’s social media accounts, and on other public websites and forums unless you request otherwise in writing. If for any reason You prefer that your website not be featured, you can write to info@bluelignt.co.ke.

9. Agreement Not To Exploit Bluelight Marketing’s Intellectual Property, Confidential Information, Or Trade Secrets. The Client will not at any time during the Term or after termination of this Agreement use, disclose, or allow or provide access to any Confidential Information to or for Client’s own benefit or for the benefit of any third party except as authorized in writing by Bluelight Marketing prior to any disclosure or as required by applicable law. The Client understands and agrees that the unauthorized disclosure, removal or misuse of such Confidential Information will irreparably damage Bluelight Marketing and/or third parties dealing with Bluelight Marketing. For purposes of this Agreement, “Confidential Information” means all information of Bluelight Marketing which is unavailable or unknown to the general public or to individuals or entities with whom Bluelight Marketing competes or does business, or with whom it plans to compete or do business, and any and all information, which, if disclosed, would assist in competition against Bluelight Marketing, including, but not limited to,

• (a) all proprietary information and trade secrets of Bluelight Marketing, including but not limited to the existing and contemplated future products and services, technical data, methods, processes, manuals, SOPs, training documents, emails and email templates, know-how, software, developments and inventions of Bluelight Marketing,
• (b) the development, research, testing, marketing, strategic business plans and budgets, security measures, manuals, short and long-range product, sales, expansion, diversification and similar plans, and financial activities of Bluelight Marketing,
• (c) its costs and sources of supplies,
• (d) the identity and special needs of the clients, leads and vendors of Bluelight Marketing and all business records relating thereto, and
• (e) the people and organizations with whom Bluelight Marketing has business relationships and the substance of those relationships, including but limited to any investors or funding sources,
• (f) Clients and leads’ personal or business information, including but not limited to proprietary financial or business records, business plans and processes, passwords or account access, website information,
• (g) existing and potential client or lead lists. Confidential Information also includes any information that Bluelight Marketing may receive or has received from its affiliates or subsidiaries or Bluelight Marketing’s Clients, or any other third party, with any understanding, express or implied, that the information would not be disclosed, and
• (h) the overall business model of Bluelight Marketing (i.e., development of free websites). Such information includes information communicated in any medium and form including, but not limited to, written, printed, oral, electronic and magnetic.

10. Warranty. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, BLUELIGHT MARKETING DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

11. Indemnification. Client shall indemnify and hold Bluelight Marketing harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney fees, which arise from any alleged breach of (i) this Agreement, or (ii) any representations and warranties made under this Agreement. Bluelight Marketing shall promptly notify Client of any such claims if they so arise.

12. Notices. Any notice or other communication required under this Agreement will be deemed to be properly given only when sent via email to info@bluelight.co.ke when to Bluelight Marketing, and to Client’s email address on file with Bluelight Marketing. You represent and warrant that You will keep a valid and up-to-date email address on file with Bluelight Marketing, and that Bluelight Marketing is not responsible for returned mail or email bounces or other causes of non-delivery of emails outside of its control. The effective date of notice shall be the date notice is sent.

13. Severable Provisions. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement shall not be affected thereby, and each term and provision shall be valid and enforceable to the fullest extent permitted by law.

14. Modifications; Assignment. Any modifications or changes to this Agreement will only be binding on Bluelight Marketing if signed by a duly authorized representative of Bluelight Marketing. Bluelight Marketing, but not You, shall have the right to modify or amend any provisions of this Agreement, provided that such amendments shall be in writing and Bluelight Marketing shall provide a copy of the Agreement as amended or modified to You at least 30 days prior to such amendment or modification becoming effective, subject to the limitations set forth in this Section. If You do not agree to these amended terms, You may terminate this agreement within the 30-day notice period and You will not be bound by the amended terms. Your failure to terminate this Agreement prior to the end of the 30-day notice period shall be deemed to be acceptance of the amendment or modification, and such amendment or modification shall be binding on You upon termination of the notice period. Bluelight Marketing shall have the right, upon written notice provided to You, to assign this Agreement in connection with a merger, reorganization, or sale of all or substantially all of Bluelight Marketing’s assets.

15. Excusable Delays. Neither party will be considered to be responsible for failure or delay in performance of this Agreement if the failure or delay is due to war, terrorism, loss of internet, acts of God, or any other causes outside of the direct control of the non-performing party.

16. Survival. After termination of this Agreement, the terms which suggest or imply continuation will remain in full force and effect. This includes, but is not limited to, confidentiality, indemnification, limitation of liability, and payment of fees. Termination of this Agreement does not release You from obligations incurred prior to the termination of the Agreement or that may accrue thereafter.

17. Prior Understandings. This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement. The Agreement supersedes all prior understanding, agreements, or representations.

18. Miscellaneous
These Terms constitute the entire agreement between the client and Bluelight Marketing with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written. Any waiver of any provision of these Terms will be effective only if in writing and signed by Bluelight Marketing. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.