Terms & Conditions

This Services Agreement (the “Agreement”) contains the complete terms and conditions governing your subscription to Website Design and Development and other Internet related services provided by C-Quark (the “Services”). As used in this Agreement, “C-Quark Global” means C-Quark and “Customer”, “you” or “your” means you. You acknowledge that you have read the Agreement and agree to its terms and conditions and all policies posted on the C-Quark site. As referred to in this Agreement, “Site” means a World Wide Web site and “C-Quark Site” means the Site located at the URL https://www.Cquark.co or any other successor Site owned or maintained by C-Quark Global.

The following terms and conditions apply to all website design/development services provided by C-Quark to Client.

Acceptance

No Client is required to have signed an acceptance of these terms and conditions for them to apply. If a Customer accepts a quote, the Customer will be deemed to be satisfied with the applicable terms and to have accepted these terms and conditions in full.

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

Charges

The charges for the services to be provided by C-Quark are defined in the project quote that the Client receives by email. Quotes are valid for a period of 30 days. C-Quark reserves the right to modify or refuse to provide a quote after the expiration of the 30 days.

Unless otherwise agreed with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the total project budget before the work is delivered to the Client for its revision. The remaining fifty (50) percent of the total project quote is due upon completion of the job, prior to uploading to the server or releasing materials.

Payment for services must be made by bank transfer. The bank details will be available on the invoices.

Customer Review

C-Quark will provide the Client with the opportunity to review the appearance of the website during the design phase and after the overall development of the website is complete. Upon project completion, such materials will be deemed accepted and approved unless Customer notifies C-Quark otherwise within ten (10) days of the date the materials are made available to Customer.

Response time and content control

C-Quark will install and publish or provide the Client’s website on the date specified in the project proposal, or on the date agreed with the Client after C-Quark receives the initial payment, unless the Client specifically requests a delay and C-Quark accepts it.

In exchange, Client agrees to delegate a single person as the primary contact person to assist C-Quark in advancing the commission in a satisfactory and timely manner.

During the project, C-Quark will require the Client to provide website content; text files, images, videos and gifs.

Failing to provide required website content

C-Quark is a small company, to remain efficient we must ensure that the work we have scheduled is done at the scheduled time. On occasion, we may need to decline offers for other work and inquiries to ensure that your work is completed within the agreed time.

That is why we ask you to provide all the required information in advance. On any occasion where your website cannot be moved forward because required information has not been provided to us within the agreed time frame and we are delayed as a result, we reserve the right to impose a surcharge.

If you agree to provide us with the required information and subsequently fail to do so within two weeks of the start of the project, we reserve the right to close the project and the remaining balance is paid immediately.

NOTE:

Text content must be delivered as a Microsoft Word document, email (or similar) with the pages of the supplied document representing the content of the relevant pages of your website.

Payment

C-Quark will provide invoices upon completion, but before going live on the website. Invoices are normally sent by email. Invoices are due upon receipt.

Additional costs

The client agrees to reimburse C-Quark for any additional expenses necessary to complete the work. Examples would be purchasing special fonts, stock photography, etc.

Web browsers

C-Quark makes every effort to ensure that the websites are designed to be viewed by the majority of visitors. The Websites are designed to work with today’s most popular browsers (for example, Firefox, Internet Explorer, Google Chrome, etc.). Customer agrees that C-Quark cannot guarantee correct functionality with all browser software on different operating systems.

C-Quark cannot accept responsibility for web pages that do not display acceptably in new browser versions released after the website has been designed and delivered to the Client. As such, C-Quark reserves the right to quote any work related to changing the website design or website code to work with updated browser software.

Flaw

Accounts unpaid thirty (30) days after the invoice date will be considered delinquent. If Customer by default maintains any information or files on the C-Quark web space, C-Quark Global, at its discretion, will remove all such material from its web space. C-Quark is not responsible for any data loss that occurs due to deletion of the service. Removal of such material does not relieve Customer of the obligation to pay any outstanding charges applied to Customer’s account. Checks returned for insufficient funds will result in Customer’s account being immediately delinquent until full payment is received. Customers with delinquent accounts agree to pay C-Quark reasonable expenses, including legal fees and third-party agency collection costs, incurred by C-Quark in enforcing these Terms and Conditions.

Termination

Termination of services by Customer must be requested by written notice and will be effective upon receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing. Customer will be billed for work completed up to the date of the first cancellation notice for payment in full within thirty (30) days.

Indemnity

All C-Quark services may be used for lawful purposes only. You agree to indemnify and hold C-Quark harmless from any claim resulting from your use of our service that harms you or any other party.

Copyright

Customer retains copyright to Customer-provided graphic data, files and logos, and grants C-Quark the rights to publish and use such material. Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. Customer is further responsible for granting C-Quark permission and rights to use the same and agrees to indemnify and hold C-Quark harmless from any claims resulting from Customer’s negligence or inability to obtain copyright permissions. Suitable author. A contract for the design and/or placement of a website will be considered as an assurance from the Client to C-Quark that all permissions and authorizations have been obtained. Evidence of permits and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quote, this Agreement assumes that Client will provide any text in electronic format (ASCII text files delivered via email or FTP) and that all photographs and other graphics will be provided physically in high-quality, scan able print or electronically in .gif, .jpeg, .png or .tiff,.psd format. Although C-Quark will make all reasonable attempts to return to Customer any images or printed materials provided for use in creating Customer’s website, such return cannot be guaranteed.

Design credit

A link to C-Quark will appear in small print or with a small graphic at the bottom of Customer’s website. If a graphic is used, it will be designed to fit with the overall design of the site. The Client also agrees that the website developed for the Client may be featured in the C-Quark portfolio.

Access requirements

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

Changes after placement

C-Quark cannot accept responsibility for any alterations caused by a third party that occur in the Client’s pages once installed. Such alterations include, but are not limited to, additions, modifications, or deletions.

General

These Terms and Conditions supersede all prior representations, understandings or agreements. Customer’s signature below or payment of an advance fee constitutes agreement and acceptance of these Terms and Conditions. Online payment is an acceptance of our terms and conditions.

Responsibility

C-Quark hereby excludes itself, its Employees and/or Agents from all liability for:

Loss or damage caused by any inaccuracies.
Loss or damage caused by omission.
Loss or damage caused by delay or error, whether as a result of negligence or otherwise in the production of the website.
Loss or damage to customer artwork/photos provided for the site. It does not matter if the loss or damage results from negligence or otherwise.

C-Quark entire liability to Customer in respect of any claim 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 claim arose breach.

Divisibility

In the event that one or more of the provisions of this Agreement are held invalid, illegal or unenforceable, the remaining provisions of this Agreement will not be affected, and the Agreement will not be void for this reason alone. Such invalid, illegal, or unenforceable provision will be superseded by a valid, legal, and mutually acceptable enforceable provision that most closely matches the intent of the parties underlying the invalidity.

Contact Information

Legal Name of Company: C-Quark
Name of Business: C-Quark
Company Email: info@cquark.co