terms & conditions
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These Terms and Conditions establish a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Kreativmark Interactive (“we,” “us” or “our”), concerning your access to and use of the kreativmark.net website (the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are definitely disallowed from using The Site, and you must put an end to use immediately.
Additional terms and conditions that may be posted on the Site from time to time are hereby clearly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will notify you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to frequently review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or the use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Henceforward, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
TERMS AND CONDITIONS DEFINITIONS
Kreativmark Interactive – the seller and provider of the services.
Client – the person/company contracting into an agreement with Kreativmark Interactive for the purchase of services generally but not restricted to website design and development and other services offered by Kreativmark Interactive
Design and Development – for this contract, design, and development will refer to the design and development of a website as agreed by the Client and Kreativmark Interactive.
Agreement – The client agrees to be bound by the following terms and conditions. Any amendment to this agreement must be mutually agreed upon by the Client and Kreativmark Interactive.
GDPR – General Data Protection Regulation
DESIGN AND DEVELOPMENT PROCESS
1. Kreativmark Interactive agrees that all the business affairs and information of the client is to be kept confidential except when necessary for the execution of their services for the Client.
2. Kreativmark Interactive will host the Client’s website unless otherwise, the client specifically disclose before the signing of the contract that the website will be hosted by another server.
3. Kreativmark Interactive is not responsible for the loss or damage to client’s data due to the hacking of a website or other online system.
4. Kreativmark Interactive is not responsible for phishing, spamming, or spoofing originating from a client’s website or other online systems.
5. Kreativmark Interactive is not responsible for search engines crawling and ranking websites that are hosted either on the Kreativmark Interactive within the Kreativmark Interactive account in the development section or while it is in development at any other domains.
6. The Client is responsible for ensuring that all materials supplied to Kreativmark Interactive during the design and development are either copyright-free or that the Client has the permission of the specific copyright owners to use the materials.
7. All intellectual property rights in software, design work, or any other materials provided to the Client by this agreement remain the property of the Kreativmark Interactive All intellectual property rights of materials provided by the client for its website remains the Clients property.
8. The Client and Kreativmark Interactive will agree on a reasonable timeframe before the commence of the website design and development. The agreement will include the business objectives, the objective of the website, and all the information and assistance required for the completion of the services. This is to include but not be limited to costs, content information, photos, required functionality, relevant legal requirements, logos, artwork, products, and services information.
9. Any information or images intended to include in a website must be provided by the Client in a high-resolution digital format and send via email. If the supplied digital information is in a non-standard format, Kreativmark Interactive needs to inform the Client and agreed beforehand on the cost of conversion to a usable standard format. Should there be a need to purchase a high-resolution image or images from a third party, Kreativmark Interactive needs to inform the client before purchasing the required images. The costs of these are in addition to the previously agreed contract.
10. If the client fails to provide the content, information, text, or images within the period of two (2) to three (3) weeks from the agreed commencement date of the website design, or during the period mutually agreed by Kreativmark Interactive and the Client, then Kreativmark Interactive reserves the right to charge the Client for the time spent on the Client’s project of twenty percent (20%) of the total amount of the web development contract. If this transpires it will be considered as termination of the contract by the Client. Should the client requested to continue the project, Kreativmark Interactive has the right to renegotiate any fees due to the original contract or negotiate into a new contract.
11. The Client is responsible for sending any information in the form of electronic mail that pertains to the web development project to Kreativmark Interactive.
12. Once the site design is approved by the client via email approval, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
13. Once the site outline/map is approved by the client, via email approval, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any succeeding changes are billable at our standard hourly rate.
14. Provision of content is the Client’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.
15. Copy and text content for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two (2) rounds of revisions will be provided free of charge. Succeeding revisions will be billable at our regular hourly rate.
16. Images and graphical content outside of the website design must be provided in digital format unless otherwise provided for in the customer’s contract. Subsequent revisions will be billable at our regular hourly rate.
17. Entry of data for database applications is the Client’s responsibility. The entry of data by Kreativmark Interactive is subject to billing unless otherwise provided for in the Client’s contract.
18. We offer free domain-based email accounts to our clients. If the domain and hosting are not hosted by Kreativmark Interactive, we take no responsibility for setting up and troubleshooting email problems.
19. After the site was published, the Client must understand and agree that any changes or revision they made on the website that will affect the integrity and functionality of the website is not the responsibility of Kreativmark Interactive. If repairs are needed as a result of these changes or revisions, Kreativmark Interactive will inform the client on the scope of work needed for the repair and is subject to billing outside of the agreed contract.
20. For the third-party updates, The client must understand and agree that plugins that are incorporated into websites and website CMS platforms are sometimes updated by the third-party vendor, with and without advance notice. When these updates take place, this can sometimes affect the integrity or functionality of the site. Kreativmark Interactive is not responsible for the updates. If repairs are needed as a result of these updates, Kreativmark Interactive will advise the Client, and if the Client authorizes the repairs, Kreativmark Interactive will charge the Client for the time in rendering the repairs.
21 We offer online technical support to our clients via email, online chat, or video conference. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If in any case that Kreativmark Interactive is not the source of the problem, technical support may be billable.
Payment, Renewal, and Cancellations
1. Website Design and Development – The client undertakes to pay Kreativmark Interactive the agreed design fee promptly on approval of the completed website or agreed staged development and on the submission of the associated invoice. The Client agrees not to unreasonably withhold approval of the design, stage development, or completed website. A down payment is required to begin the development of your website. This is usually fifty percent (50%) of the upfront design fee unless another contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation, and pages have been approved and built. Kreativmark Interactive ONE YEAR WARRANTY includes the fixing of technical error and missing text or photo. If the Client requested any changes in the design and navigation after the content was posted to the site, these changes will be billable based on the specific requirement requested and agreed upon by the Client.
2. The design of the particular website will be the property of the Client upon completion of the contract. However, this will in no way prevent Kreativmark Interactive from using any aspect of the site design or coding for other Clients. The client may adopt aspects of the design in other media including print with the permission of Kreativmark Interactive which will not be unreasonably withheld.
3. The client understands that Kreativmark Interactive may use the published website as a reference site only for future potential Clients of Kreativmark Interactive and will not unreasonably withhold permission for this.
4. Cancellation of Website Development – If Kreativmark Interactive already started the website design and development work (such as creating a design concept), the down payment is non-refundable. Kreativmark Interactive has its sole discretion to offer a partial refund depending on the circumstances.
5. Stock photos or images that cannot be provided by the client can be purchase on behalf of the client for the website development is billable and separate from the agreed amount of the web design and development. In this case, Kreativmark Interactive needs to solicit the Client’s approval before any purchase is made.
6. Domain name registration is your exclusive right to a certain name, such as www.kreativmark.net so that you can use it for your web-based purposes. This is an annual cost that requires renewal. You are not required to register your domain name through us but we would rather that you do. If you have registered your own name, you need to ensure that you are the Registrant and have the Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred when the need arises. Domain name registration fees are not refundable.
7. For domains not originally registered with Kreativmark Interactive, there will be a CAD 200 fee to either transfer to the domain into our registration platform, or transfer-out to another registrar. If your domain is not registered with Kreativmark Interactive, the DNS management and troubleshooting tasks are billable at our hourly rate.
8. Hosting places the domain name on a particular server connected to the web, which allows the Client to post a website for viewing through a browser. You are not required to register your domain name through us but we would rather that you do. Hosting comes with domain-based emails, bandwidth, storage space, database, and security tools, and other features. Projects that involve custom programming must be hosted with Kreativmark Interactive to ensure the programs that we write will work. Before we start any programming, you need to inform us if you want to host your site on another server.
9. Client may cancel Hosting services anytime. However, if you cancel after the first 30 days, you are required to pay all charges accrued before the effective date of the cancellation. Kreativmark Interactive will refund the prepaid fees for basic hosting for the full months remaining after the effective date of the cancellation, less any prior charges, and an early cancellation fee of CAD 200. Accounts that are terminated by Kreativmark Interactive for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated, and through electronic mail. Kreativmark Interactive will not entertain cancellation on phone requests. Any refunds will be issued with fifteen (15) business days upon the receipt of the cancellation request.
10. In any case that Client decides to host their site on another server, Kreativmark Interactive cannot guarantee that all elements of the site will work. Kreativmark Interactive will make a reasonable effort to research the problem on the foreign platform and inform the Client of the problem that we encounter. However, Kreativmark Interactive cannot take the responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Kreativmark Interactive believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing the problems on a foreign hosting server is subject to billing.
11. On website maintenance, there are no required maintenance fees other than domain registration and hosting. Some clients do some update on their site every year, which we offer through several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System and blogs. For the work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, we can discuss and make a separate maintenance contract at a discounted rate. If needed, we can customize a maintenance plan for your particular requirement, but no plan is obliged. The Client is not restricted to engaging Kreativmark Interactive to undertake site maintenance and amendment. This may be undertaken by the Client or the third party engaged by the Client
12. For non-domain based troubleshooting, Kreativmark Interactive maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts, your home or office internet connections, or any other non-domain-based issues outside Kreativmark Interactive scope of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.
13. For websites with proprietary source code, the client can contract the services with Kreativmark Interactive to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of Kreativmark Interactive and cannot be shared with other developers. Clients are granted a license to use custom software code while on Kreativmark Interactive servers only. Kreativmark Interactive retains ownership of the code. In some cases, Kreativmark Interactive will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software and may use the software as a licensee only. No ownership rights of any kind are transferred to the client. Access to or transfer of proprietary source code could result in a security risk to Kreativmark Interactive and its clients who are running similar pieces of code. To provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing, and business methods. If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor the transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should the client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for. Website components that are transferable to another host include HTML code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of the website that do not violate the other paragraphs in this section.
TERMINATION AND OTHER CONDITIONS
1. In cases that Kreativmark Interactive provides services continuously, Kreativmark Interactive will provide the Client with one month’s notice of termination, or of any changes to relevant prices and conditions.
2. Kreativmark Interactive reserves the right to charge the Client for the time spent on the project should the Client change the purpose of their existing website and the new purpose is no longer similar to what was agreed in the original contract.
3. Kreativmark Interactive reserves the right to terminate the agreement, should The client fail to make payment within seven (7) working days of being notified that a due payment has not been settled. The Hosting and Email services will be suspended as well.
4. If the client is in breach of any term of this agreement and the breach is incapable of remedy or, if the breach is remediable but continues for a period of fifteen (15) days after the written notice.
5. Kreativmark Interactive is not responsible for loss or damage to clients data due to the hacking of a website or other online systems.
6. Kreativmark Interactive is not responsible for spamming, phishing, pharming, or spoofing originating from a client’s website or online system.
7. During some developments Kreativmark Interactive may provide any service using third parties at its sole discretion. The Client accepts unconditionally that Kreativmark Interactive is not liable for any loss or damage incurred by the Client including but not limited to loss of profit or search engine ranking.
8. Kreativmark Interactive may appoint any of its employees to work on any project. It may also appoint people working on a contract basis for Kreativmark Interactive to work on any project.
9. Kreativmark Interactive will take all reasonable care in its undertaking of work for a Client to ensure that it is freed from errors. The Client warrants the understanding and acceptance that, as it is not possible to guarantee freedom from errors.
10. Kreativmark Interactive will take reasonable care to ensure its assessments, audits, and recommendations to a Client are soundly based and aimed at completing the agreed tasks to a professional standard. Where the Client undertakes actions following recommendations from Kreativmark Interactive the Client accepts that responsibility for any subsequent outcomes from this remains with the Client.
11. The client may agree with additional work, at any stage with Kreativmark Interactive This may be subject to additional fees which may not be the same as fees for the same services previously rendered to the Client. The terms and conditions, as outlined here, will apply to the additional work unless explicitly varied by agreement between the two parties.
12. Where Kreativmark Interactive offers links either via email or on Kreativmark Interactive websites to other sites, Kreativmark Interactive does not accept any responsibility for the content of those sites, the owners of which do not necessarily have any link, commercial or otherwise, with Kreativmark Interactive, Kreativmark Interactive also does not take responsibility for the links from its Client’s websites.
13. Kreativmark Interactive utilizes outside contracts for the hosting of all of the websites it creates. Kreativmark Interactive is not responsible for this hosting although every care has been taken in its selections. If the outside contractor suspends the hosting or other internet services for maintenance, improvement, or repair or if there is any failure of or fault in the provision of internet services for any reason not in the immediate, direct control of Kreativmark Interactive or its agents, Kreativmark Interactive will not be liable for any loss or damage incurred by the Client, whether direct or indirect (including, without limitation, loss of profit) and whether arising in contract, tort, or otherwise.
14. Unless otherwise mutually agreed, any quote provided by Kreativmark Interactive will be valid for thirty (30) days.
15. Kreativmark Interactive’s liability for any damages (including, without limitation, damages for loss of profits) arising in contract, tort or otherwise, resulting in any way from the agreement shall be limited, in aggregate over the entire period of the agreement, to the total amount paid by the Client to Kreativmark Interactive for service(s) rendered under the contract at the time.
16. Nothing in these terms and conditions are to be interpreted as an attempt to limit or exclude Kreativmark Interactive’s legal liability for any personal injury resulting from Kreativmark Interactive’s negligence or to affect the Client’s statutory rights.
17. The client agrees to indemnify Kreativmark Interactive and will keep Kreativmark Interactive fully indemnified against all loss, damage, costs, claims and expenses arising in any way from any service or the product offered or provided to, via, or concerning the Client’s web site and any breach of the terms and conditions set out in this document or associated documents.
18. Should the client wishes to terminate services with Kreativmark Interactivea CAD 500 transferring fee is applied for the transfer of the domain and/or files. Kreativmark Interactive maintains the right to withhold any custom coding or files which might be the intellectual copyright of Kreativmark Interactive and further negotiations can be entered to transfer such files. Files from suspended accounts cannot be transferred until the account is paid in full.
19. Each provision in this agreement limiting or excluding liability operates separately and the invalidity or the unenforceability of any provision will not affect the validity or enforceability of any other provision.
20. Kreativmark Interactive reserves the right to alter these Terms and Conditions from time to time. By continuing to accept services from Kreativmark Interactive after being notified by e-mail or otherwise of the altered Terms and Conditions the Client will be deemed to be bound by the altered Terms and Conditions. A copy of these terms and conditions will be available on the Kreativmark Interactive website kreativmark.net at all times or at the request of the Client.
21. Kreativmark Interactive prices are subject to change without prior notice due to currency fluctuation, fuel prices, and/or unforeseen economic circumstances.
22. All amendments to this agreement, as well as any other assurances or arrangements, must be made in writing. Any agreement made on behalf of Kreativmark Interactive by its representatives or agents shall only be binding if agreed in writing by Kreativmark Interactive.