Legal
Terms of Service
The terms on which Bluesky Solutions Limited provides this website and its marketing services.
1. Definitions
- "Website" means blueskysolutionslimited.com and its pages.
- "Services" means the marketing services we provide, including strategy, campaign management, content creation, social media management, market research and email marketing.
- "Proposal" means a written scope, price and timeline we send to a prospective client.
- "Agreement" means the contract formed as described in section 3.
- "Deliverables" means the work products we create for a client under an Agreement.
2. Use of this website
You may browse the Website and share links to it. The Website content, including text, graphics, logos and illustrations, belongs to Bluesky Solutions Limited and may not be copied for commercial use without our written permission. You must not attempt to disrupt the Website or use it for unlawful purposes. The Website is provided on an "as is" basis without warranties of any kind, and we may change its content at any time.
3. How an engagement is formed
Prices and tiers published on the Website are an invitation to enquire, not a binding offer. An Agreement is formed when (a) we issue you a Proposal, (b) you accept it in writing (email is sufficient), and (c) the first invoice is settled. The Proposal, these terms, and any schedules referenced in the Proposal together form the Agreement. Where the Proposal and these terms conflict, the Proposal prevails.
We honor the tier prices published on the Website at the time we issue a Proposal whenever the requested scope matches the published tier description. We may revise published prices at any time; revisions do not affect Agreements already formed.
4. Our responsibilities
We will deliver the scope described in the Proposal with reasonable skill and care, on the agreed calendar, and report performance monthly against the baseline agreed during discovery. Where a delay arises we will tell you promptly, with the reason and a revised date.
5. Your responsibilities
You agree to: provide timely feedback and approvals (within five business days unless otherwise agreed); supply accurate information about your business and lawful access to relevant accounts; hold the rights to any materials you give us; and ensure your products, claims and offers comply with the laws of the markets you target. Delays caused by missing approvals or access may shift the calendar without reducing fees.
6. Fees and payment
- All prices are stated and invoiced in United States dollars (USD) unless a Proposal says otherwise.
- Monthly retainers are invoiced in advance at the start of each billing cycle. One-time projects are invoiced as set out in the Proposal, typically in full or in staged payments before the related stage begins.
- Invoices are due within 14 days of issue unless the Proposal states otherwise. We may pause work on overdue accounts after written notice.
- Fees exclude any applicable taxes, levies or bank charges, which are your responsibility.
- Third-party costs, including advertising spend and platform subscription fees, are contracted and paid by you directly to the third party and are never included in our fees.
7. Term, notice and minimum terms
Retainers continue month to month until either party gives 30 days written notice. Certain tiers labeled with a minimum term (for example "3-month minimum") may not be terminated for convenience before that minimum has run, except as set out in the Refund Policy. We may terminate immediately on written notice if you materially breach the Agreement and do not cure the breach within 14 days, or if continuing the work would require us to act unlawfully or unethically.
8. Intellectual property
Upon full payment of the related invoices, the Deliverables become your property and we assign to you the intellectual property rights in them, excluding (a) our pre-existing materials, methods and templates, which remain ours and are licensed to you for use within the Deliverables, and (b) third-party materials (such as licensed fonts or stock elements), which remain subject to their own licenses. Marketing accounts opened for you are registered in your name and remain yours. We will only reference you or display work in our portfolio with your prior written permission.
9. Confidentiality
Each party will keep the other's non-public business information confidential and use it only for the purposes of the Agreement, during the engagement and for three years afterwards. This does not restrict disclosures required by law or information that is or becomes public without breach.
10. No guaranteed outcomes
Marketing performance depends on markets, platforms, budgets and factors outside any agency's control. We do not guarantee rankings, traffic, engagement, lead volumes, revenue or any other outcome, and nothing on the Website or in a Proposal should be read as such a guarantee. What we do commit to is the scope, calendar and honest measurement described in the Agreement.
11. Liability
Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud. Subject to that: (a) neither party is liable to the other for indirect or consequential loss, loss of profit, revenue, goodwill or data; and (b) our total aggregate liability arising out of or in connection with an Agreement is capped at the fees you paid us under that Agreement in the three months before the event giving rise to the claim, or, for one-time projects, the project fee.
12. Indemnity
You will indemnify us against third-party claims arising from materials, instructions or claims you supplied, including intellectual property infringement in materials you provided and regulatory issues with your products or offers. We will indemnify you against third-party claims that Deliverables we created infringe intellectual property rights, provided you used them as delivered.
13. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including platform outages, natural disasters, war or government action, provided the affected party notifies the other promptly and resumes performance as soon as reasonably possible.
14. General
These terms and any Agreement are governed by the laws of the Hong Kong Special Administrative Region, and the courts of Hong Kong have exclusive jurisdiction, except that we may seek injunctive relief in any competent court. If a provision is held unenforceable, the remainder stays in force. A failure to enforce a right is not a waiver of it. Neither party may assign an Agreement without the other's written consent, not to be unreasonably withheld. Notices must be in writing; email to the addresses used in the engagement is sufficient.
15. Changes to these terms
We may update these terms for future engagements by posting the revised version here with an updated date. The terms in force when your Agreement was formed continue to govern that Agreement.
16. Contact
Questions about these terms: info@blueskysolutionslimited.com, or by post to Bluesky Solutions Limited, Unit E01, 10/F, Wong King Industrial Building, 2-4 Tai Yau Street, Kowloon, Hong Kong.