Terms

IMARK Web Design & Website Development Terms and Conditions

The following rules govern the use and ownership of the website we build and maintain. The client agrees to abide by these rules as a condition of use and ownership. Violations may result in termination of this agreement.

 

ACCEPTANCE

It is not necessary for any Client to sign an acceptance of these terms and conditions. If a Client accepts a quote then the Client will be deemed satisfied and accepts these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase of our products or use of our services implies that you have read and accepted our terms and conditions.

 

FEES, DEPOSITS, AND CHARGES

Charges for services to be provided by IMARK Web Design are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days. IMARK Web Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

All website design services require an advance payment of 50% of the project quotation total before the work is supplied to the Client for review. The remaining 50% of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by check or bank transfer. Checks and bank details will be made available on invoices.

Once the 50% of the project quotation total is received by IMARK Web Design, a Job Order will be made. We reserve the right not to commence any work until the deposit has been paid in full.

 

SUPPLY OF MATERIALS

The client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photos, text or written copy, logos, and other content for the website. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines to any date we choose.

Where the client fails to supply materials, and that prevents the progress of the work, the project will be put on hold, and we have the right to extend the deadline to anytime on our discretion.

 

REVISIONS

We allow the client to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if the client makes a change to the original design specification, which will require us to use other resources affecting our time, effort, and finance.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged accordingly.

 

PROJECT DELAYS AND CLIENT’S LIABILITY

Time frames or estimates that we give are contingent upon client’s full cooperation and complete/final content for the site pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that the makes himself/herself available from time to time to expedite the feedback process.

 

APPROVAL OF WORK

On completion of the work, the client will be notified and have the opportunity to review it. Once approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

 

DESIGN CREDIT

A link to IMARK Web Design will appear at the bottom of the Client’s website until full payment is settled. No Design Credit link will be added to the website if full payment is settled by the Client upon Job Order.

 

ACCESS TO WEBSITE

Client’s website may only be accessed by certain computers that belong to the client or in certain locations where client is located. Public access to the website will be enabled once full payment is settled. No restriction will be added to the website if full payment is settled by the Client upon Job Order.

 

PAYMENT FOR THE REMAINING BALANCE

Upon completion of the work, we will invoice the client for the 50% balance of the project quotation total, including reimbursements (if there’s any). A website for small and medium-sized enterprises is usually done in less than a week. And the website for large-sized enterprises, i.e., ecommerce and corporate systems, is usually done in less than a month. The client already knows the total amount of the project or the initial amount to pay and the remaining balance to pay. Hence, the client is expected to settle the remaining balance in a timely fashion once the website is done.

Accounts that remain unpaid 30 days after the date of the invoice will be assessed a service charge of 10% per month of the total amount due.

Failure to pay the total amount due plus the 10% per month will result in the temporary ownership of the website by IMARK Web Design until full payment required by IMARK Web Design is settled by the Client within six-month period, after which shall entitle IMARK Web Design to rights of full ownership, management, and control over the website if remaining balance is still unpaid. If full payment required by IMARK Web Design is settled by the Client within the six-month period from the date of the invoice, the ownership of website shall be transferred to the client.

 

OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other materials that the client supplies to us to include in his/her website.

The client must indemnify us and hold us harmless from any claim or legal action related to the content of his/her website.

 

LICENSING

Once the client paid us in full for our work, we grant to him/her the license to use the website and its related software and content for one year.

 

RENEWAL

Website must be renewed after one year with the same amount paid upon purchase regardless of whether the new price of the website on renewal date is higher or lower.

 

CONSEQUENTIAL LOSS

We shall not be held liable for any loss or damage which the client may suffer, which is any way attributable to any delay in performance or completion of our contract.

 

NON-DISCLOSURE

We (and any of the subcontractors we engage with) agree that we will not at any time disclose any of the client’s confidential information to any third party by any means whether this is via online or offline method of transmitting information.

 

ADDITIONAL EXPENSES

The client agrees to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting, and/or other expenses.

  

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

Any domain name we registered is owned by us and managed in our account. If, however, the client wants to transfer his/her website to another host, s/he will need to pay us for the transfer of the domain to the new ownership. Price depends on GoDaddy. This can be done anytime the client requests it.

Website, including domain and webhosting, must be renewed at least seven days before the domain expires after one year. Failure of renewing the domain within the period specified by us will result in termination of this agreement, and we reserve the right to renew the website by ourselves or by any other clients interested in owning the website. If renewal is done on our end, we take full ownership of the website and all the contents in it, and we reserve the right to make changes in the website without notifying the client and without asking for his/her approval.

The client may retake ownership of the website after his/her failure of renewal by submitting a request to us anytime and paying the new pricing we will require. We reserve the right to deny the client’s request.

 

GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the international laws. The client and IMARK International submit to the non-exclusive jurisdiction of the courts in and of any international jurisdiction in relation to any dispute arising under these terms and conditions or in relation to any service we perform for the client.

 

This document containing “IMARK Web Design & Website Development Terms and Conditions” is updated 8/30/2017.

This document is approved by IMARK International.

 

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