Terms & Conditions – Creative Web Spark

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Creative Web Spark’s use of cookies in accordance with the terms of Creative Web Spark’s privacy policy/cookies policy.

License To Use Website

Unless otherwise stated, Creative Web Spark and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

Republish material from this website (including republication on another website)
Sell, rent or sub-license material from the website
Show any material from the website in public
Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
Edit or otherwise modify any material on the website
Redistribute material from this website except for content specifically and expressly made available for redistribution

Restricted Access

Access to certain areas of this website is restricted. Creative Web Spark reserves the right to restrict access to specific areas of this website, or indeed this entire website, at Creative Web Spark’s discretion. If Creative Web Spark provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Creative Web Spark may disable your user ID and password in Creative Web Spark’s sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Creative Web Spark or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Creative Web Spark reserves the right to edit or remove any material submitted to this website, or stored on Creative Web Spark servers, or hosted or published upon this website. Notwithstanding rights under these terms and conditions in relation to user content, Creative Web Spark does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Content Policy

Our content policy plays an important role in maintaining a positive experience for you, the client. For usual websites and resume designs, all content (images, headings, copy, text etc.) will be provided by the client. In case of resume design, a client has to provide complete personal information with biography, and we do not provide any sort of content services. For an e-commerce website, up to 10 to 30 sample products will be provided by the Creative Web Spark team and sample product information will also be provided by the client including product name, product price, product images, and shipping policy. CMS and e-commerce management will be handled by Creative Web Spark. We use dummy text (Lorem Ipsum) in the graphics for previewing layouts and visual mockups.

Limitations of Warranty

This website is provided “as is” without any representations or warranties, express or implied. Creative Web Spark makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Creative Web Spark does not warrant that:

this website will be constantly available, or available at all; or
for any indirect, special or consequential loss; or
show any material from the website in public
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability

Creative Web Spark will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website to the extent that:

These limitations of liability apply even if Creative Web Spark has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Creative Web Spark liability in respect of any:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation on the part of Creative Web Spark; or
matter which it would be illegal or unlawful for Creative Web Spark to exclude or limit, or to attempt or purport to exclude or limit, its liability.

These limitations of liability apply even if Creative Web Spark has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Refund Policy

Creative Web Spark refund policy is not applicable when:

You choose a special service package.
You have approved the initial design concept.
You have requested revisions.
You have canceled the order due to non-related reasons in regard to Creative Web Spark and its policies.
You have not contacted Creative Web Spark for more than 2 weeks since the project initiated.
You have violated Creative Web Spark terms & conditions and privacy policy.
You have approached another service provider or designer for the same project assigned to Creative Web Spark.
You have provided an incomplete design brief.
You have demanded a change in the design concept.
You have exceeded the maximum time allowed to request a refund and make claims.
You are closing your business or have changed the name of your business.
You have other reasons such as change of mind, dispute with your partners, or other similar reasons.
You have approved the deliverables.
You have accepted multiple revisions for any service.
You have ordered a bundle service and are dissatisfied with any specific service; refund can only be claimed against that specific service and not the complete bundle.
You have failed to provide the initial design brief within 10 days of order placement.

Note: Creative Web Spark reserves complete rights to reject/cancel any project/order or cancel the contract with the customer whenever it seems necessary and is decided after critical managerial discretion. After successfully claiming the refund, you will have no rights to use the incomplete or complete design concepts for any reason or purpose; these design concepts will remain the sole property of Creative Web Spark, and the company owns full rights to them. By complying with this refund policy, you will have no rights to use any design concepts provided by Creative Web Spark, and the information may be submitted to government copyright agencies to ensure legality. How to claim your refund? Follow the ways below to raise your request for refund:

By calling us at our Toll Free Number
346-297-2706
By sending us an email mentioning “Request for Refund” and the Order ID in the subject line.

As soon as we receive your request for refund, we will reach out to you at the earliest to assist you and start the refund process.

Money Back Guarantee

Money Back Guarantee is valid for 30 days from order placement, provided that all other terms are applied. The guarantee is valid only if you have not requested revisions for any design sample or concept within your order. Once a revision is requested, you agree to proceed with the services and cannot claim a refund.

Other Parties

You accept that, as a limited liability entity, Creative Web Spark has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Creative Web Spark officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer apply.

Unenforceable Provisions

If any provision of this website disclaimer is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions.

Indemnity

You hereby indemnify Creative Web Spark and undertake to keep Creative Web Spark indemnified against any losses, damages, costs, liabilities and expenses (including legal expenses and amounts paid to a third party in settlement of a claim) incurred or suffered by Creative Web Spark arising out of any breach by you of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to Creative Web Spark other rights, if you breach these terms and conditions, Creative Web Spark may take action including suspending your access to the website, blocking your IP address, contacting your internet service provider, or initiating legal proceedings.

Variation

Creative Web Spark may revise these terms and conditions from time to time. Revised terms will apply from the date of publication on this website. Please check this page regularly.

Assignment

Creative Web Spark may transfer or sub-contract its rights and obligations under these terms and conditions without notice. You may not transfer your rights or obligations.

Severability

If any provision of these terms is deemed unlawful or unenforceable, the remaining provisions will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and Creative Web Spark regarding your use of this website and supersede all previous agreements.

Clause of Use

If a project has been abandoned due to lack of written communication between the client and account manager for at least 30 days, the project will be deemed closed.

Closed Projects

A closed project is one that has been delivered in full or not claimed for a period of at least 60 days, after which Creative Web Spark cannot be held liable.