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Website Terms and Conditions

Website Terms and Conditions

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[mk_page_section padding_top=”50″ padding_bottom=”50″ sidebar=”sidebar-1″][vc_column][vc_column_text]These terms and conditions apply to all website development and design services provided by Marq Web Designs to the Client.

1. Acceptance

Signing an acceptance of these terms and conditions is not necessary for any Client for these terms and conditions to apply. A Client’s acceptance of a quote is deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

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

2. Charges & Payment

Charges for services to be provided by Marq Web Designs are defined in the project quotation that the Client receives via e-mail or Skype. The validity of quotations is for a period of 30 days. Marq Web Designs reserves the right to alter or decline to provide a quotation after expiry of the 30-day period.

All web development projects require a full (100%) payment prior to the onset of the project.

All graphic design services require a full payment of the project quotation total, unless agreed otherwise with the Client.

For any revision or update ordered for any project, the Client is required to purchase VA hour packages.

Payment for services is due by Paypal and should be sent to Marq Web Designs through Paypal e-mail, paypal@marqwebdesigns.com. Invoices will be issued by Marq Web Designs for any service provided to the Client. Invoices are normally sent via email and due upon receipt. Website projects that remain unpaid will not be processed, unless agreed otherwise with the Client.

3. Turnaround Time

Turnaround time for the web services provided by Marq Web Designs are only estimated targets. Marq Web Designs reserves the right to alter the schedule depending on several factors such as client responsiveness during the development phase of the project. Thus, Marq Web Designs is not required and responsible to complete the project exactly at the projected date.

Marq Web Designs will launch the Client’s website to the Client’s server upon completion, approval and full payment of the website project. Turnaround time for website projects is 4 to 6 weeks on average, unless a delay is specifically requested or caused by the Client or by unforeseeable circumstances that are beyond the control of Marq Web Designs or the Client. Such circumstances include, but are not limited to technical problems and natural calamities.

Graphic design projects are given 48 to 72 hours, whereas web updates are provided with 24 to 72 hours depending on the complexity of the task and upon Marq Web Designs’s acceptance of the project.

In cases when the Client does not respond to Marq Web Designs within a period of one week after three followups, without prior notice, the website project will be put on hold. The website project development will only be resumed once the Client pays the remaining balance of the project quotation total to remove it from the on-hold status.

4. Client Review

Any website project by Marq Web Designs is executed on the development server of Marq Web Designs. The Client will be given an opportunity to review the appearance and content of the website during the development phase through screenshots. Only upon reaching ninety percent (90%) completion of the project, Marq Web Designs may provide the actual web development URL to the Client for final review purposes.

Client’s approval must be made and stated through Skype conversations with the assigned Account Manager by Marq Web Designs. Once the deliverable is approved by the Client, all succeeding revisions or update requests are subject for additional charges.

One minor revision is only applicable on the final content submitted by the Client and when the deliverable is not yet approved.

Revisions are considered minor when the alteration does not constitute more than ten minutes of work, and may include, but are not limited to changes on the content due to grammatical errors, typographical errors, adding extra sentences or paragraphs, adding or changing links, and/or changing of media items’ source URLs (for images, videos or audios) which will not require any changes to the lay-out or web design. Revisions that do not fall under this description will be subject for review and quotation, and are decided solely upon by the assigned Project Manager of Marq Web Designs.

In situations when bugs are found on the website during the Client’s review, the Client must inform Marq Web Designs through https://marqwebdesigns.com/forms/bugs-updates-intake-form/ for appropriate bug fixes to be made. The same link may also be used to send requests for updates on the website. Corresponding charges may apply.

At the full completion of the project, the actual web development URL will be provided to the Client to review and approve the website appearance and content. Once approval is accorded and full payment is made, the website will be launched to the Client’s server and the project will be considered completed.

4.1 Revision or Update Requests

The number of revisions or updates allowed for a project is indicated in the project quotation provided by Marq Web Designs to the Client.

Revision or Update Requests are sent thru the Intake Form at https://marqwebdesigns.com/forms/bugs-updates-intake-form/. One (1) submission is counted as one (1) revision or update for that particular deliverable item. One (1) submission may contain many different requests for a particular item.

For example, if the request submitted thru the Intake Form by the Client contains the following:

  • Home Page Revision:
    – change A to B
    – change C to D
    – change E to F
  • About Page Revision:
    – change G to H
    – change I to J

Home Page Revision will be equal to one (1), while About Page Revision will also be equal to one (1).

Hence, this one (1) submitted Intake Form accounts for two (2) Revision Requests: one (1) for the Home page and one (1) for the About page.

If the Client wishes to add another revision or update to the same particular item (previously requested through a different Intake Form) and submits another Intake Form, such revision or update request will be counted as another request and will be subtracted from the number of revisions or updates allowed for that particular item in the project.

*TIP: Include ALL your requests for that particular item in your project, review the details provided in your submission, and always double check your request before hitting the submit button in order to maximize the number of revisions you are allowed for that item. Remember that another submission is always counted as another request.

5. Website Theme

All WordPress blog sites developed by Marq Web Designs use the latest version of Jupiter WordPress theme, a multi-purpose responsive theme, unless otherwise advised by the Client. Marq Web Designs does not register the Client’s Jupiter WordPress theme. As such, the Client is advised to purchase their own license for future use, specifically when updates are needed on the theme.

6. Designs

Marq Web Designs will give the Client a copy of all fonts used for the creation of the Design (i.e. Logo Design, Ebook Cover Design, etc.). The Client will also be supplied with the source files in PSD or AI format and PNG or JPG format.

6.1. Logo Designs

The Client must provide clear and detailed information and instructions regarding the Logo Design Project through filling out the Intake Form at https://marqwebdesigns.com/forms/logo-design-intake-form/. Such detailed information should include the images and font styles that the Client prefers to be used; otherwise, it will be Marq Web Designs’s Designer’s discretion to choose. Marq Web Designs will provide the Client a set of Logo Designs to choose from based on the information sent by the Client. Once this set is made available to the Client, the Client shall review and choose one Logo Design that is closest to the Client’s preference only from the given set. The Client shall notify Marq Web Designs if the chosen Logo Design requires improvements to match the Client’s needs through filling out a different Intake Form at https://marqwebdesigns.com/forms/bugs-updates-intake-form/ and must provide precise information regarding amendments or modifications to be made on the initial designs presented. After receiving Client’s feedback, the web team will incorporate the Client’s instructions and will return the final version of logo to the Client.

6.2. Ebook Cover Designs

The Client should fill out the Intake Form at https://marqwebdesigns.com/forms/book-cover-design-intake-form/ to get the Ebook Cover Design Project started. Instructions should be precise and must make mention of images and font styles that the Client requires to be used; otherwise, it will be Marq Web Designs’s Designer’s discretion to choose. The Client will be presented with one Ebook Cover Design following the Client’s specified criteria. If the Ebook Cover Design requires amendments and modifications, the Client must notify Marq Web Designs through filling out the Intake Form at https://marqwebdesigns.com/forms/bugs-updates-intake-form/. It is the responsibility of the Client to make clear and detailed information regarding changes that are requested to be made on the design. After revisions are made, Marq Web Designs will provide the Client a subsequent response that reflects the alterations requested by the Client.

7. Content

The Client agrees to delegate a single individual as a primary contact, either the Client himself or another individual who will serve as the Client’s representative to Marq Web Designs, to aid Marq Web Designs with progressing the project in a satisfactory and expedient manner.

At the commencement of the project, Marq Web Designs will require the Client to provide website content such as text, images, movies and sound files. Submission of any website content to Marq Web Designs must be accompanied with a clear and detailed instruction reflecting the Client’s preferences (e.g. font style, image size, etc.). Failure to do so will mean that these choices are at Marq Web Designs’s Designer’s discretion. Delays in delivery of content will extend the time taken to complete the development.

All website content supplied by the Client to Marq Web Designs through https://marqwebdesigns.com/forms/submit-content-intake-form/ are considered final and approved by the Client. Alterations and modifications to design and lay-out are only applicable to deliverables provided by Marq Web Designs after obtaining the website content and instructions submitted by the Client. Minor or major revisions are subject for evaluation by Marq Web Designs’s Project Manager and may require extra charges. (Please see Section 4 – Client Review for further explanation.)

Once the website is approved and goes live, the website is considered complete and the website project is closed. If additional content is supplied or major changes are requested subsequent to the project completion, such revision will be subject for quotation.

8. Failure to provide required website content

To remain efficient, Marq Web Designs must ensure that work we have programmed is carried out at the scheduled time. On occasions, Marq Web Designs may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.

This is why Marq Web Designs ask that the Client provide all the required information in advance or within the allotted time frame. On any occasion where progress cannot be made with the website due to failure to provide required website content, and the project is delayed as a result, Marq Web Designs reserve the right to put the project on hold. (Please see Section 3 – Turnaround Time for further details.)

All forms of website content should be delivered to Marq Web Designs through https://marqwebdesigns.com/forms/submit-content-intake-form/ with a clear Subject and detailed instruction. Please note that all information provided to Marq Web Designs are considered final and approved by the Client.

9. Additional Expenses

Client agrees to reimburse Marq Web Designs for any additional expenses incurred for third-party services necessary for the completion of the work. Examples would be purchase of plug-ins, special fonts, stock photography, etc.

10. Web Browsers

Marq Web Designs makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Marq Web Designs cannot guarantee correct functionality with all browser software across different operating systems.

Marq Web Designs cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed, launched and handed over to the Client. As such, Marq Web Designs reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

11. Termination

If a termination of services by the Client is requested prior to the completion of the website project, a calculation on work completed and unbilled will be made, including all work in progress, and this payment is required by the Client within seven (7) days. Termination of services must be requested in an e-mail notice to info@needava.com and will be effective upon receipt of such notice.

It is our estimation that the website project should take anywhere up to 6 weeks to complete. Should the Client decide to stop the project for more than 14 days, Marq Web Designs has the right to terminate the project and any money deposited will be forfeited. If the Client intends to proceed with a project that has already been terminated, the said project will be subject for a new quotation.

12. Protection against Damage or Loss

All services provided by Marq Web Designs may be used for lawful purposes only. Risk passes to the client upon delivery of the services. The services provided will remain the property of Marq Web Designs until all debts are paid in full. The Client agrees to indemnify and hold Marq Web Designs harmless from any claims resulting from the Client’s use of Marq Web Designs’s service that damages the Client or any other party.

13. Copyright

The Client retains the copyright to data, files, digital content and graphic logos provided by the Client, and grants Marq Web Designs the rights to publish and use such material. The permission and rights to use any information or files that are copyrighted by a third party must be warranted by the Client.

The Client is further responsible for granting Marq Web Designs the permission and rights for use of the same and agrees to indemnify and hold Marq Web Designs harmless from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested. Any intellectual property owned by Marq Web Designs used in the development of a website or web design projects remains the intellectual property of Marq Web Designs and may only be reproduced or copied with the consent of Marq Web Designs.

14. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text, photographs and other graphics will be provided by the Client in electronic format and submitted through https://marqwebdesigns.com/forms/submit-content-intake-form/. By submitting those text, photographs and other graphics, the Client guarantees that he possesses the license to such and must be held responsible for any copyright issue. Photos, other graphic images and videos sent to Marq Web Designs must be in high resolution format.

15. Accreditation

Marq Web Designs shall be entitled to place accreditation as a link to Marq Web Designs either in small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a fixed fee of $100 will be applied.

The Client further authorizes Marq Web Designs to use its website, graphic designs and other deliverables provided by Marq Web Designs in its online and offline promotions. Marq Web Designs also retains the right to reproduce, publish and display the said deliverables in Marq Web Designs’s portfolios and websites, in galleries, design periodicals and other media or marketing materials for the purposes of recognition of creative excellence or professional advancement.

16. Access Requirements

If the Client’s website is to be installed on a third-party server, Marq Web Designs must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

17. Post-Placement Alterations

Marq Web Designs is not held responsible for any alterations caused by a third party occurring to the Client’s pages once launched. Such alterations include, but are not limited to additions, modifications or deletions.

18. Domain Names

Domain name registration gives the Client exclusive rights to use a certain name, such as www.mywebsite.com, for any web-based purposes. Marq Web Designs may purchase domain names on behalf of the Client. Payment and annual renewal of those domain names is the responsibility of the Client. It is not the liability of Marq Web Designs if a loss, cancellation or otherwise of the domain is brought about by non or late payment. As such, the Client should keep track of the due dates for payment to ensure that payment is made and received on time.

19. General

These Terms and Conditions supersede all previous representations, understandings or agreements. Payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online thru Paypal is an acceptance of Marq Web Designs’s terms and conditions.

20. Governing Law

This Agreement shall be governed by Australian Law.

21. Liability

Marq Web Designs hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other causes in the production of the web site;
  • Loss or damage to the Client’s’ artwork/photos supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Marq Web Designs to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

23. Abandoned Website

Effective January 1st, 2017, Marq Web Designs shall implement a new term of service that covers abandoned websites.

Clients with abandoned websites shall be charged $10 per month, payable together with other outstanding monies owed prior to the completion of the website. When deemed necessary, Marq Web Designs may re-quote the project considering that the hours have already been consumed for the project, and the Client shall be given notice regarding the re-quotation as soon as contact is made with Marq Web Designs.

The first invoice will be delivered to the Client on the 30th of each month, commencing on January, 2017.

This amendment was made due to the increasing number of abandoned websites and the relative costs incurred for data storage for a website on any Marq Web Designs server. Clients are expected to abide by this policy and are responsible for payment for any invoice received after the effective date of this new TOS.[/vc_column_text][/vc_column][/mk_page_section]

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