The terms of use that are detailed below are in regards to the internet site whose address is: https://bluepenarticles.co.il/ (“the site”), which is operated by BluePen Ltd, of 5 Smilansky street, Rehovot (“the company” or “us”, “we” and their conjugations).
By entering the site and / or downloading information and / or viewing the site’s content as will be updated from time to time, you are testifying to your agreement with the terms that are detailed in this document or any other document that is related to this document. If you do not agree to the terms of use (all of them or some of them), you are requested to avoid making any use of the site.
The terms of use will apply to any use done by you, the user (below: “the user” or “you”, “your” and their conjugations), of the site, and are a legally binding agreement between you and whoever is using the site on your behalf and the company (below: “the terms of use”). Without derogating from the said above, any use of the site is subject to the terms of use and the relevant law that applies to the country in which the use of the site is done. The responsibility to read, understand and comply with the provisions of the law that apply in the country in which the use of the site is done is your complete responsibility as a user.
The use of masculine form in these terms of use is for convenience purposes only and the said in masculine form should be read as if it was said in feminine form as well, as relevant. Anything said in singular form, should be read as if it was said in plural form as well, as relevant, and vice versa.
Definitions
1.1 You”, “your” and the like mean the user receiving the service, the company, firm, entity or person to whom we provide the services and / or the work products.
1.2. “Order” or “work orders” or “quote” mean an order for the services provided by us.
1.3. “Intellectual property rights” mean any intellectual property right, including copy rights, patents, trademarks, registered models, design rights, service model, commercial brand, product name, service name, business name, the name of a technological chip, secret information and any other right subject to any business, industrial or proprietary information, whether it can be registered or not, and that includes all the rights that relate to rights such as these.
1.4. “Secret information” means information (in any form) that constitutes secret or proprietary information for the client or for us which has been exposed to us or that has been exposed to the client within the provisions of the services to the user.
1.5. “Written work” or “work” refer to documents, files, materials and written works that are made as per the work order that was submitted to us in accordance with your instructions, if any were given or not given by you, which are provided to you by us.
1.6. “Services” refers to services that are one by us for the user, including content writing/translations services and article publishing services on content sites (link building).
1.7. “Work products” refers to all products and / or services that are provided by us.
1.8. The reference to “documents”, “records”, “books” and “information” includes: information stored on computer software, discs, records and any other reading device and / or any form of keeping records that does not enable reading but does enable producing reading materials.
2. General
2.1. A work order will be realized only when we issue a written confirmation (both digitally and physically) for your work order or alternatively, after the provision of the service for you.
2.2. Information that is provided in our advertising brochures, catalogues, internet sites or any other marketing and published material is a general description only and does not constitute part of the work order.
2.3. For your information, your consent to receive any advertising material and your registration in the current database of the site constitute authorization for the company or the companies related to it to send you advertising and marketing information, as well as information about the services provided, via mobile phone, mail or email. If you do not wish to continue receiving this kind of information, you could cancel your consent by entering the link to remove from the service that was sent together with the information and only in that way. Afterwards, we will cease sending you additional information. Important to know! Even if the content is not marked as advertising, it might be so.
3. Cost and payment
We will provide an invoice / receipt that include all taxes and expenses that we are obligated to charge as per the law if and when we do. In addition, you will have to pay any fine or interest for these taxes that will be paid by us as a result of a delay in paying these taxes.
4. Provision
4.1. Dates for providing the work, or the dates for performing the services are estimates only and unless it is explicitly agreed by us, time is not the main part of the provision or production; no delay shall grant you the right to decline any provision, payment, production or deniability of the agreement.
4.2. We will not be liable under any circumstances to the consequences of a delay in the provision or production if the length of the delay does not exceed 10% of the length of time that was agreed upon for the work to be performed and in accordance with the engagement agreement between the parties. In addition, the party placing the order will not have the claim of delay in the provision of the finished work if the failure is a result of late provision or production or lack of provision or lack of production by the vendors or sub-contractors, lack of manpower, higher power, fire, abnormal weather conditions, industry failures, hostile actions, governmental decision or intervention (whether it is legally valid or not) or for any other reason if it is beyond our control or for an unforeseen reason or an unusual reason.
4.3. We are entitled to deliver and provide the product in parts or in segments in accordance with our professional and reasonable discretion. These parts or segments will not constitute separate obligations and will not constitute a violation of agreement and will not grant you the right to cancel subsequent parts or segments or to reject the entire engagement agreement.
5. Written works will be limited in accordance with the following limitations:
5.1. We will not be held responsible for the loss of profit, business, contracts, income, damage to reputation or good will, expected savings and / or any consequential or unexpected loss or damages in any case.
5.2. Our full guarantee to you, under any agreement, includes but is not limited to service and work and will not deviate from the price paid to us by you under the engagement agreement to which the claims are attributed.
5.3. You must inform us within 7 business days of the time of providing the work on any claim that arises from providing the service and / or the work, together with full detailing of the claim or suit. In any event, we will not be held responsible towards you if you fail to deliver notice of any claim or suit within this period of time from the time of providing the service or the work.
6. Your responsibility and obligation
6.1. You are declaring and pledging that the materials that will be submitted to us by you will not include any profanity, derision, slander and will not violate the copyrights of any third party directly or indirectly, and you or any other person, company or firm will be liable for any damage that is caused in this regard directly or indirectly, but we will not be.
6.2. We will not be liable for any damage that is caused or that might be caused to you as a result of publishing content that you forwarded to us for the purpose of promoting it and publishing it on content sites. You alone are liable for the content that will be published and we will not be liable for any content, publishing, engagement with content sites and / or the meanings the content might have for its readers, any violation of intellectual property rights, secrecy or privacy, under the applicable law.
6.3. Without derogating from the said above, the company will bear no liability in regards to third party content, including in relation to its content, reliability, accuracy, and trustworthiness, as well as to any damage, inconvenience, loss or grief that will be caused to you, directly or indirectly, as a result of using the information that appears on the site. For your attention, the company will bear no liability for the illegal action of any other party that is not under its complete control, including the site users.
6.4. The company will do its best to operate the site properly and without malfunctions or disruptions. Despite that, you will have no suit, demand or claim against the company or anyone on its behalf for any such malfunction or disruption, including for any damage that is caused directly or indirectly as a result of such malfunctions or disruptions. The company will bear no liability and / or obligation for any disorder, error or omission in the content of the site.
6.5. You are obligated, upon request, to indemnify us for any damage, loss, costs and expenses of any amount and kind that are incurred by us and in a similar scope in the event that those were caused by or in relation to the following:
6.5.1. Use or possession by of any original work or materials that were provided to us by you in relation to providing the service, including a violation of any copyright of any third party for any and in any original work or material.
6.5.2. Processing any material by us (where the terms “processing” and “information” relate to their terms and meaning under the privacy protection law, the copyrights law and any other relevant law) within the scope of providing the service as detailed in paragraph 10.
6.5.3. Any violation of liability that was given by you in this paragraph, paragraph 6.
6.5.4. Any other violation of the this terms and rules document done by you.
7. Intellectual property rights
7.1. Content that was forwarded to us for promotion online will be owned by the clients of the company and the company.
7.2.The company will grant, by virtue of the license granted to it, license to use for the clients of the company (“sub licenses”). The company will be permitted to determine, at its sole discretion, the terms of licensing the sub licenses so that they include its rights in the products, all of them or some of them. In this case, the limitation will be expressed on the individual work order.
7.3.The client will be permitted to edit the products and to adjust the products to the design, esthetic and graphic standard of a specific medium with which he wants to use the products. To remove all doubt, such editing will not constitute a violation of the ethical rights, including the right to the integrity of the vendor’s work.
7.4. The client will be permitted to make use of the products within commercial cooperation that he has with third parties, and he will be permitted to make the products available for third parties.
7.5. Any copyrights (whether registered or not registered), ownership rights and / or rights to use the information stored and processed within the site belong to the company (or that the company was granted the right to use and / or publish it on the site) and no use of them shall be done without the company’s authorization in writing and in advance. There is an absolute prohibition on copying, publicly displaying, delivering to third parties the site pages and / or information, in part or in full, including commercial use, without the explicit authorization of the company in writing and in advance. To remove all doubt, it shall be clarified that the copyrights of the idea behind the foundation of the site, its design, its trademarks and any other action on the site that is unique and exclusive to the company are reserved to the company.
8. Refraining from persuasion
Unless otherwise agree by the company, the client (which, for the purpose of this paragraph includes all of the client’s partners) for a period of 3 years from the time of concluding the agreement, directly or indirectly, at your expense or at the expense of any other person, company or firm, pledges not entice, employ or try to persuade writers or lecturers or editors or translators from the company or to use the company staff’s services or any of its independent writers / editors. In the event of a violation of this section, the client will pay the company the sum that is equal to the accumulative compensation that was paid by the company to the staff member in the year prior to the date on which he began employing him or using the services of that staff member, immediately. In the event of an independent writer / editor, the sum that will be paid will equal the sum of the salary that would have been paid to that independent linguist had he been employed full time for a full year. This paragraph will not be implemented where the client has employee relations with them for the date of starting the agreement, and the client must inform the company of that within 7 business days from the day of starting the agreement, and if he does not do that, it will be seen as if he had no such relationship with them.
9. Cancelation and refunds
9.1. A full refund will apply only during the first 24 hours after making the order. After 24 hours have passed from the moment of placing the order, the client will not receive a refund.
9.2. Articles that our writers have begun working on cannot be refunded. We offer refunds during the first 24 hours after making the order. In the event that 24 hours have passed and you still want a full refund, contact us via the form found on the contact page. We are committed to finding a satisfactory solution! After you submit your request, we will contact you within 2 business days.
9.3. Articles that we finished, delivered and that were successfully received by clients are no longer subject to a refund. These articles are only subject to one update.
10. Changes in the terms of use
Subject to the provisions of the applicable law, the company is entitled to make changes in the terms of use at any time at its sole discretion. Such changes will be valid on the day they are published on the site, in accordance with the provisions of the said law, with no prior notice. Despite the said above, changes in the terms of use that the company believes are substantial will be accompanied by a prior notice on the site’s homepage, informing on the changes in the terms of use and a brief description of the changes. If you do not agree to any of the new terms of use, you must refrain from making continued use of the site and your use of the site after making the said changes in the terms of use will be evidence of your consent and acceptance of the new terms of use.
11. Legal jurisdiction
The sole jurisdiction to discuss any dispute and / or argument in regards to the site, the company and / or the terms of use will be granted to the certified court in the district of Tel Aviv, Israel. The law that applies to any dispute and argument as such in relation to the site is the Israeli law only.
12. Contacting the company
With any question and / or request in regards to the site and the terms of use, including the privacy policy, you can contact us via the email address info@bluepenarticles.com.
Date of last update: March 16, 2020