Terms and Conditions

Parties

Buyer (also known as “You,” “Credit Card Holder,” or “Client”). DMark Technologies, the seller (henceforth referred to as “Our,” “Us,” or “We”).

Electronic Consent

Before registering, you have the option to request a paper copy of the “Terms & Conditions” in place of the internet version. Please speak with one of our sales representatives if you would like a printed copy, and we will send one to you by fax, mail, or email.

Terms & Conditions

1) Standard Terms & Conditions:

All contracts and services done by DMark Technologies for its clients are subject to these standard terms and conditions for website design and development.

2) Our Fees and Deposits:

As soon as you give us the go-ahead to begin the digital marketing, website design and development process, a 50% deposit of the total amount owed under our proposal is due. We maintain the right to hold off on starting any work until the entire money has been received. The given prices are all in US dollars. When the work is finished to your reasonable satisfaction, but subject to the conditions of the “approval of work” and “rejected work” clauses, or 45 calendar days sooner, the remaining 50% is required.

3) Refund Policy:

We genuinely and devotedly strive to meet your needs. Our return policy operates as follows if you’re still unhappy with our work:

If a refund of the full deposit is requested within 15 calendar days of the order date, it will be issued.

Refund not applicable on domain registration fees.
Refund not applicable for express service clients.
Refund not applicable for any delays out of our control.
Refund not applicable once website is completed.
Refund not applicable on web hosting fees.

4) Supply of Materials:

You are responsible for providing us with all the supplies and information we need to finish the job in compliance with any agreed-upon specifications. Photographs, written copies, logos, and other printed materials are examples of such items, although they are not the only ones. We reserve the exclusive right to extend any previously agreed deadlines by a reasonable amount in the event that there is a delay in providing us with these documents, which causes a delay in the execution of the job. We reserve the right to halt work and bill you for any unpaid balances if your failure to provide materials stops the project from moving forward.

5) Variations:

We are happy to provide you with the chance to alter the design. We may, however, charge for further designs if you alter the original design specification, and we have the right to restrict the quantity of design ideas to a fair number. Our website building process is adaptable and permits some changes to the initial design. Any significant departure from the specifications, however, would result in an hourly cost of $45 being charged.

6) Project Delays and Client Liability:

Any deadlines or estimates we provide are subject to your cooperation and the completion and finalisation of the work pages’ content. A certain level of feedback is necessary during the development process in order to go on to later stages. To speed up the feedback process, it is necessary that you designate a single point of contact and make them available every day. If the web design project is delayed or mostly unfinished as a result of your own inaction, or if you fail to approve design mock-ups or request web design adjustments on time, we will not be held accountable. If the project is still unfinished after the first forty-five calendar days, any additional change requests would be charged at the rate of forty-five dollars per hour.

7) Approval of Work:

You will be informed when the work is finished and given the chance to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Within the seven-day review period, any work that has not been reported to us in writing as inadequate will be considered accepted. Work cannot be rejected once it has been accepted or presumed approved; the contract will be considered finished, and the remaining 50% of the project fee will be due.

8) Rejected Work:

We may choose to treat this contract as complete and take action to recoup payment for the contracted work if, within the seven-day review period, you reject any of our work and do not approve any follow-up work that we do to address any issues noted as being unsatisfactory. We will do this if we reasonably believe that your rejection of the work was unreasonable.

9) Payment:

We will bill you for the remaining 50% of the project after the seven-day review period is over and before the website is launched on your domain name. Your card will never be charged automatically without your consent. Until the last payment is received, we reserve the right to take any web design project down from the Internet. The payments are personally and fully guaranteed by you. You agree to cover all costs associated with the collection procedure, including any legal fees and court expenses, should it become required.

10) Copyrights & Trademarks:

In order to utilise any copy, graphic images, registered corporate logos, names, trademarks, or other materials you provide to us for your website or online apps, you must obtain all required permissions and authorities. You are required to defend us against any lawsuits or claims pertaining to the information on your website.

11) Licensing:

We give you a licence to use the website and its contents for as long as the website is up after you have fully paid us for our services.

12) Search Engines:

Every website we create is optimised for search engines. We do not, however, promise that your website will appear in a particular position in search engine rankings. For an extra fee, we carry out search engine optimisation in accordance with current best practices.

13) Consequential Loss:

Regardless of how the delay occurs, we will not be responsible for any loss or harm you may experience that is directly related to any delay in the performance or completion of our contract.

14) Disclaimer:

Regardless of what this contract says, neither DMark Technologies nor any of its workers or representatives guarantee that the features included in the web design project will be error-free or continuous. DMark Technologies, its owners, and its employees will never be held accountable to you or any third party for any damages, including but not limited to service interruptions brought on by natural disasters, hosting issues, or other uncontrollable circumstances; any lost profits or savings; or other incidental, consequential, punitive, or special damages resulting from the operation or inability to operate the website; failures of any service provider, telecommunications carrier, Internet backbone, Internet servers, your computer or the computer of a site visitor; or any of these damages.

15) Assignment:

Any services we have committed to provide for you may be subcontracted as we see fit.

16) Non-Disclosure:

We (as well as any subcontractors we work with) promise never to give away any of your private information to outside parties.

17) Additional Expenses:

Any requested costs that are not included in our contracted proposal, such as extra pages, the purchase of third-party software, stock photos, fonts, domain name registration, web hosting, SEO or advertising services, or any other similar costs, will be reimbursed by you. Upon your request, these additional add-ons must be paid for right away.

18) Backups:

You are in charge of keeping your own backups for your website, and we won’t be held accountable for recovering any customer data or websites unless the loss of data results from our own carelessness.

19) Ownership of Domain Names and Web Hosting:

After you reimburse us for any costs we have spent, we will provide you with account credentials for the domain name registration and/or web hosting that we bought on your behalf.

20) Right of Refusal:

For any reason not expressly forbidden by law, DMark Technologies retains the right to reject or cancel service to any individual. Additionally, we are entitled to be free from disruptive behaviour, abusive and/or derogatory language, intimidation, harassment, and/or coercion that involves or affects our business. Any kind of abusive communication—email, phone, in-person, etc.—is strictly prohibited. In the event of abusive correspondence, there would be no reimbursement.

21) Governing Law:

You acknowledge that, for venue purposes, this agreement was signed in the Commonwealth of Ambala, Haryana (India), regardless of the actual location. Any disagreement shall be tried or decided in the Commonwealth of Ambala, Haryana (India), and you agree that the Ambala, Haryana (India) Court has personal jurisdiction over you.

The parties’ whole understanding is contained in this agreement. Any alterations or revisions must be approved by both parties in writing.