Terms of Service
Please read these terms and conditions carefully before using our website and services. By accessing and using UxSpark Web Design Studio, you agree to be bound by these terms.
1. Acceptance of Terms
By accessing, browsing, or using the UxSpark Web Design Studio website located at uxspark.world, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.
These terms constitute a legally binding agreement between you and UxSpark Web Design Studio. We reserve the right to update these terms at any time without prior notice, and your continued use of the website following any changes constitutes acceptance of the updated terms.
2. Description of Services
UxSpark Web Design Studio provides comprehensive web design and development services, including:
- Custom website design and development
- UI/UX design consultation and implementation
- Responsive web design and mobile optimization
- E-commerce website development
- Website maintenance and support services
- Digital marketing and SEO optimization
- Content management system implementation
All services are subject to the availability of resources and may be modified or discontinued at our sole discretion. We strive to provide the highest quality service, but we do not guarantee specific outcomes or results from our services.
3. User Accounts and Registration
Certain features of our website may require you to create an account. When you register for an account, you must provide accurate, complete, and current information. You are responsible for:
- Safeguarding your account credentials and password
- All activities that occur under your account
- Maintaining the confidentiality of your login information
- Notifying us immediately of any unauthorized use
- Ensuring you are of legal age to enter into contracts
We reserve the right to suspend or terminate accounts that we believe have violated these terms or engaged in fraudulent or illegal activities. You may deactivate your account at any time by contacting us through the provided contact information.
4. Intellectual Property Rights
All content, features, and functionality of this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of UxSpark Web Design Studio and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our Intellectual Property: The UxSpark name, logo, website design, and all proprietary materials remain our exclusive property. We grant you a limited, non-exclusive, non-transferable license to use our website for personal, non-commercial purposes only.
Your Intellectual Property: You retain ownership of your existing intellectual property. By providing content to us for website development, you grant us a limited license to use such content solely for the purpose of providing our services. Upon project completion and full payment, we will transfer all rights to custom-developed content to you.
5. User Conduct and Prohibited Activities
When using our website and services, you agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations
- Transmitting or procuring the sending of any advertising or promotional material without our prior written consent
- Impersonating or attempting to impersonate UxSpark Web Design Studio, employees, or other users
- Using any automated system, including spiders, robots, crawlers, and data mining tools
- Interfering with or disrupting the security features of the website
- Attempting to gain unauthorized access to any part of the website
- Using the website for any illegal or unauthorized purpose
- Submitting false, misleading, or defamatory content
- Infringing upon the rights of others, including intellectual property rights
- Harassing, abusing, insulting, or harming others
We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, reporting such users to law enforcement authorities.
6. Payment Terms and Refund Policy
Payment terms vary based on the scope and type of services contracted. All payments are due according to the schedule specified in your service agreement or project proposal.
Payment Schedule
- Consultation Services: Full payment due upon agreement
- Small Projects (Under $2,500): 50% deposit, 50% upon completion
- Medium Projects ($2,500 - $10,000): 30% deposit, 40% at midpoint, 30% upon completion
- Large Projects (Over $10,000): 25% deposit, 25% at approved milestones, 50% upon completion
- Ongoing Services: Monthly or annual billing in advance
Refund Policy: We provide a 14-day satisfaction guarantee for consultation services. For project work, refunds are considered on a case-by-case basis depending on the stage of completion and specific circumstances. Deposits are non-refundable once significant work has commenced on a project.
Late payments may result in project suspension and additional fees. We reserve the right to pursue legal action for unpaid invoices, and you will be responsible for all collection costs and reasonable attorney fees.
7. Limitation of Liability
UxSpark Web Design Studio provides services "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall UxSpark Web Design Studio, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service.
Our total liability for any claims arising out of or relating to these terms or the services shall not exceed the amount you paid us for the services giving rise to the claim in the twelve (12) months immediately preceding the event giving rise to the claim.
8. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy.
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure.
You have the right to access, rectify, or erase your personal data, as well as the right to data portability and objection. To exercise these rights, please contact us using the information provided in the Contact section of these terms.
9. Termination
Either party may terminate this agreement at any time, with or without cause, by providing written notice to the other party. Upon termination:
- Your right to use our website and services will cease immediately
- You remain liable for all fees incurred up to the termination date
- All provisions that by their nature should survive termination shall survive
- We may retain certain information as required by law or for legitimate business purposes
- Intellectual property rights will be handled according to the specific terms of your project agreement
We reserve the right to terminate or suspend your access immediately, without prior notice, for any breach of these Terms of Service or if we believe you are using the services in a manner that could harm us or other users.
10. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of law provisions. Any disputes arising out of or relating to these terms or the services provided shall be resolved through binding arbitration in Manila, Philippines.
Before pursuing formal legal action, we encourage you to contact us directly to resolve any concerns or disputes informally. We are committed to providing excellent customer service and will work diligently to address any issues you may have.
If arbitration is not successful, the exclusive jurisdiction for any legal proceeding shall be the courts of Manila, Philippines. You waive any objection to venue and any claim of inconvenient forum.
11. Changes to Terms
We reserve the right to modify these Terms of Service at any time. When we make changes, we will post the updated terms on this page and update the "Last Modified" date indicated at the top of this document.
Your continued use of our website and services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to the modified terms, you must discontinue use of our website and services.
We recommend reviewing these terms periodically to stay informed of any updates. Significant changes to these terms will be communicated through appropriate channels, including email notifications to registered users.
12. Contact Information
If you have any questions about these Terms of Service, please contact us using the following information:
UxSpark Web Design Studio
Address:
1425 Chino Roces Ave
Makati City, Philippines
Phone:
+63 917 809 2354Email:
[email protected]Business Hours
Note: All times are in Philippine Standard Time (PST)
13. Severability and Entire Agreement
If any provision of these Terms of Service is found to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These Terms of Service, together with our Privacy Policy and any other legal notices published on this website, constitute the entire agreement between you and UxSpark Web Design Studio regarding the use of our website and services.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and UxSpark Web Design Studio's failure to assert any right or provision under these terms shall not constitute a waiver of those rights or provisions.
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