Terms And Conditions
The client’s approval for work to commence shall be deemed a contractual agreement between the client and The Marked Web. The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.
Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work. Support The Marked Web provides 1 year free technical support for following kind of issues:
- Server side scripting/programming errors/bugs
- Logical Bugs/Calculation related errors/bugs
- Connection errors/API Integration Errors
Above support is not available if the errors/bugs arise due to any external entity. Examples:
- Server or software or application or extension downgrades or upgrades
- Edits done by any external entity/person/professional in the code/scripts delivered by us.
- Operating System or Browser Version Downgrades/Upgrades
- Any other factor which is not directly related to any deficiency at the end of The Marked Web
Photography and graphics
The Marked Web may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately. The Marked Web will keep the client updated about the stock images being used and the cost involved before raising the invoice.
The Marked Web makes every effort to design pages that work flawlessly on most popular current browsers i.e. IE11 and latest version of FireFox/Chrome released on the date of project agreement. We however cannot be held responsible for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE10 and older IE versions are outdated browsers and hence we don’t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer.
Search Engine Submission
Following services are not part of the project unless agreed otherwise in writing:
- Submission of websites on different search engines.
- Securing good ranking of your website on different search engines.
- Search Engine Optimization – On Page/Off Page.
Unless otherwise agreed in writing, following services will be separately billed after the website has been made live:
- Content updates
- Refinements and logical tweaks to the website, which were not planned/approvedby client earlier.
- Content presentation and design updates which were not planned/approved by client earlier.
After The Marked Web has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by The Marked Web team while uploading/posting the content/information/images on client’s website, The Marked Web will correct it if reported to The Marked Web representatives.
All material supplied by the client shall remain client’s property. The Marked Web rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall The Marked Web be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.
Domain names booked by The Marked Web on behalf of client
The Marked Web provides domain name consultancy if required. Domain names registered by The Marked Web on the client’s behalf are property of The Marked Web until client has paid for the domain booked and any fee involved.
The Marked Web agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by client are not subject to this term. This term applies only to those domains which are booked by The Marked Web upon the request of client.
All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to The Marked Web before a formal application for registration is made. Examples of 3rdparty fees are as under:
- Domain Names
- Server Space Hosting Fees
- SSL Certificates
- Backup Services
- 3rd Party APIs, if any, required by ‘Client’ to be integrated with the work ordered.
- 3rd Party Plugins/Scripts/Applications/Software/Widgets/Services, if any, required by ‘Client’ to be integrated with the work ordered.
- Payment Gateways Signup and Recurring Fees
Examples of work
Unless negotiated otherwise, The Marked Web retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.
The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then The Marked Web will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.
- Payment plan is agreed between the ‘Client’ and The Marked Web based on the milestones.
- Payment shall be due within 14 days of the invoice date unless specifically mentioned in the Invoice.
- Full publication of the website/technical work will only take place after full payment has been received in our account unless otherwise agreed in writing.
- Any material previously published may be removed if payment is not received. When this occurs, a minimum charge of $250 USD will be charged to have the site restored.
- Accounts that have not been settled within 14 days of the date shown on the invoice will incur a late payment charge of $100 USD or 5% of the Invoiced Amount (whichever is higher), for each week delayed.
- In case of delay in payments beyond the due date, The Marked Web reserves the right to stop the work being commenced and ‘Client’ agrees to exempt The Marked Web from meeting the timelines agreed.
Delayed Response From Client Side
Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt The Marked Web from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information within 15 working days, client agrees that the payments made towards the project will be forfeited and retained by The Marked Web as full and final settlement against the work completed till date. The Marked Web shall not be liable to deliver any files to client if client is not traceable or not responsive for 15 working days.
Client agrees that stipulated timelines cannot be met if the project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.
Share in profits from business or sale of business
After client makes the agreed payment for the project, The Marked Web will not claim share in client’s profits from business or from sale of business to some other company.
21. Copyright/Ownership Rights: The Marked Web will retain the copyright of any material, including design, artwork and the source code, created for the client by The Marked Web. The Marked Web reserves the right to retain the copyright on all material created by The Marked Web unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:
- Logo/Graphics/Pictures/Images supplied by client – Yes
- Website Interface/PSD/Creatives/Designs – Yes, if client has ordered custom design with Exclusive Rights.
- Programming Files/Source Code – Yes, if the Client has ordered the project with Exclusive Rights. Client does not own the copyright/Intellectual property rights for projects being done on Single Domain License basis.
- If the project is being done on Single Domain License basis, Client owns the rights to use the system only on designated domains and Client should take reasonable care of the system files to restrict un-authorized access of the system scripts/source code delivered.
Ownership of Code and Intellectual Property Rights
Unless otherwise agreed, The Marked Web is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.
In no event, The Marked Web shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if The Marked Web has been advised of the possibility of such damages. Despite the best efforts of The Marked Web, errors in web page information may occur. At no time will The Marked Web be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should The Marked Web waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit The Marked Web to waive the same clause on any other occasion.
By agreeing to these terms and conditions, your statutory rights are not affected.
The Marked Web reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.