All services provided by WebMarker Design Studio are subject to the following terms and conditions. By purchasing any of our Designs, Custom work or any other Service you are agreeing to these conditions:
1. All Sales are Final. Due to the digital nature of this business, no refunds will be given. There are no exchanges or refunds for any reason, before or after products/services have been delivered to you.
2. All the materials on the website of our design studio www.webmarkerstudio.com are copyrighted, our designs may not be altered, cut up, modified or re-used or distributed in any way. If the Client wishes to alter the design or use the graphics in any other way, then the copyright licence MUST first be purchased. You cannot remove our link and claim our work as your own.
3. Credit and Link Back. All website designs by WebMarker Design Studio require a text link back to WebMarker Design Studio unless other agreements have been made to remove the link at a charge of $100. The client unconditionally guarantees that links back to WebMarker Design Studio will remain in place until such time as that website design is not longer published on the Internet. Removal of this link is a violation of this agreement and subject to breach of contract. You cannot claim our work as your own. If our link is removed without our knowledge and consent, we have the right to insist that the design be removed from the Internet, and we will pursue all copyright infringement violations to the fullest extent of the law.
4. Authorization. The client is engaging WebMarker Design Studio as an independent contractor for the specific purpose of designing and/or improving a website, to be published on the client’s account on an Internet Service Provider (ISP), or “hosting service”. The client hereby authorizes WebMarker Design Studio to access this account, and authorizes the hosting service to provide WebMarker Design Studio, with full access to the client’s account, and any other programs needed for this web design project that are included as part of the client’s service agreement. The client also authorizes WebMarker Design Studio to submit the completed web design project to major web search engines.
5. Development/Compatibility. This web design project will be developed using various commercial and non-commercial software products and proofed by hand. While WebMarker Design Studio will make reasonable efforts to design a fully functional website WebMarker Design Studio design warranty does not cover obsolete version of browsers, text-based browsers, or requested special effects that we may have advised against. Additionally, not all portions of some site designs (rotating banners, etc) are compatible with mobile devices (such as iPads and iPhones). Any claims for defects, corrections, or glitches must be made within 30 days of the project being completed. This Web Design Project will be developed to no specific standard nor does it conform to any particular www requirement. The Client has viewed WebMarker Design Studio portfolio and a pre-designed Website prior to signing this document. WebMarker Design Studio does not warrant that the website is immune to third party damages, hacking, presence of virus, spyware, etc. and is not responsible in any way for its presence or removal. WebMarker Design Studio does not warrant that a web site will meet the client’s expectations of site traffic or resulting business.
6. Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WebMarker Design Studio for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend WebMarker Design Studio from any claim arising from the use of such elements.
7. Payments. Custom Designs: 75% of the total project cost is due at the start of the project, with the remaining 25% balance due upon acceptance of the design/layout but BEFORE installation. When there is a waiting list for Custom Designs, an initial, non-refundable 25% deposit is required to hold your place on the waiting list. 50% of the total project cost is due at the start of the project, with the remaining 25% balance due upon acceptance of the design/layout but BEFORE installation.
8. Completion Date. For Custom Design orders: WebMarker Design Studio and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 60 days after client has submitted all necessary materials, unless it has been agreed different. If the client does not supply WebMarker Design Studio design with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the contact is void and any deposits are forfeited.
For All Other Orders: WebMarker Design Studio and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 30 days after the client has submitted all necessary materials, unless it has been agreed different. If the client does not supply WebMarker Design Studio with complete content for the project within 45 days after receipt of order, the contract will then be void and any deposits and payments are forfeited.
9. Project Delivery/Hosting. The final website design project will be published to the client’s hosting service upon receipt of full payment. The client understands that if they fail to make timely payments for their web hosting and/or domain registration, this can cause their website to be inactivated and they must work with the company/ies to reactivate their website in this event. If this occurs it is the client’s sole responsibility to work with their hosting company to re-activate their account (in case if this service was not included to their initially purchased from us package or service).
10. Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend WebMarker Design Studio, it’s owners, employees, affiliates and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
11. Website/Hosting/Server Moves. Should the client wish to move their site to another hosting company, WebMarker Design Studio shall not be responsible for any problems that may arise from that move. In this instance all technical support questions regarding web hosting, domains and email are to be directed to the client’s new web hosting company (unless this service was initially purchased from WebMarker Design Studio). Any required work to move or repair a site that’s been moved by client or a third party will be subject to our hourly rates.
12. Chargebacks/Cancellations. Client reserves the right to cancel their project for any reason during the development stage. However, all money paid to WebMarker Design Studio will be forfeited upon cancellation, and the design in progress will be forfeited as well. WebMarker Design Studio reserves the right to sell any portion of a cancelled custom designed website to another client.
To pursue a refund of money paid to WebMarker Design Studio when bound by the terms of this Contract is considered fraud and will be aggressively reported and prosecuted. WebMarker Design Studio will not negotiate chargebacks with any person or company. Charge backs are NEVER acceptable means of attaining a refund. To request a chargeback on your credit card for a valid transaction is considered fraud. Fraudulent credit card chargebacks will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Should a chargeback be filed against WebMarker Design Studio, we will not hesitate to proceed with collection and legal action to recover funds.
13. Non-Communication. If WebMarker Design Studio is unable to communicate with a client on a custom design project for a duration of twenty-one (21) days by email during the design and development process, the project will be cancelled without prior notice and any monies paid will be forfeited to WebMarker Design Studio. It is the responsibility of the client to provide WebMarker Design Studio with all necessary information, and WebMarker Design Studio cannot be expected to chase any outstanding information.
The client also understands that if they do not respond to requests for information promptly, their project may be moved behind others and this may cause a delay in completion time.
14. Logos. If you would like to use your existing logo that you have complete rights to, then you may submit that upon checkout. Logos must be submitted in a suitable format for use on your website.
15. External Links. External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.
16. Liability. WebMarker Design Studio will not be held responsible for any errors caused by changes or modifications being made to any of our designs by you or any third party.
17. Restrictions. The use of graphics and code from any WebMarker Design Studio product or service may not be used to display information or sell content that is religiously offensive, racially insensitive, or pornographic. WebMarker Design Studio also reserves the right to refuse service or support for any reason, including but not limited to excessive communications, revisions, and exhaustion of services.
18. Privacy. Your privacy is important to us. We respect and commit protecting it. All private information involved in any website design project or service provided by WebMarker Design Studio will remain private and will never be used, redistributed or sold to third parties. Your private information, name, address, phone number and email address will not be given as references to potential clients nor will be published in any way or form on the web, in email communications, or in print.
Please note that by submitting your payment for my services you are agreeing to all of the terms of service as written here. WebMarker Design Studio reserves the right to change or update these terms at any time without prior notice.