Terms & Conditions
- The Intellectual Property disclosure will inform users that the contents, logo and other visual media you created is your property and is protected by copyright laws.
- A Termination clause will inform that users’ accounts on your website and mobile app or users’ access to your website and mobile (if users can’t have an account with you) can be terminated in case of abuses or at your sole discretion.
- A Governing Law will inform users which laws govern the agreement. This should the country in which your company is headquartered or the country from which you operate your web site and mobile app.
- A Links To Other Web Sites clause will inform users that you are not responsible for any third party web sites that you link to. This kind of clause will generally inform users that they are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties.
- If your website or mobile apps allows users to create content and make that content public to other users, a Content section will inform users that they own the rights to the content they have created.
The “Content” clause usually mentions that users must give you (the website or mobile app developer) a license so that you can share this content on your website/mobile app and to make it available to other users.
Because the content created by users is public to other users, a DMCA notice clause (or Copyright Infringement ) section is helpful to inform users and copyright authors that, if any content is found to be a copyright infringement, you will respond to any DMCA take down notices received and you will take down the content.
- A Limit What Users Can Do clause can inform users that by agreeing to use your service, they’re also agreeing to not do certain things. This can be part of a very long and thorough list in your Terms and Conditions agreements so as to encompass the most amount of negative uses.
MARKDEBRAND TERMS AND CONDITIONS OF SERVICES Usually All access to, and use of, any Service Offerings is subject to the terms and conditions of this agreement. We can deliver the service offered to you with the help of our affiliates, licensors and service providers. You will comply with all laws, rules and regulations applicable to the use of the service offer, and third-party conditions, service descriptions, and support policy. Access to the provision of services You may access and use the Service Offered solely for your own benefit (or the benefit of your organization). If you set up an authorized account for an organization, you will require that all users you authorize to use that account (which may include third parties that provide services to you) to keep your Connection Credentials confidential and not share your Connection Credentials with any unauthorized person. You will keep your registration information accurate, complete and current as long as you continue to use the services offer. You are responsible for any use that occurs under your access credentials. If you believe that an unauthorized user has had access to your access data, you must notify us immediately. Neither we nor our affiliates are responsible for any unauthorized access or use of your account. Third-party content As part of your use of the services offering, you may be provided access to third party content under separate terms and / or charges separately. We make this third party content available on an "as is" basis, without indemnification or support and any warranties of any kind (including warranties of merchantability, fitness for a particular purpose, and non-infringement), express or implied. You are solely responsible for reviewing, accepting and complying with all third party terms and other restrictions applicable to third party content. All third party terms are exclusively between you and the third party. Markdebrand does not endorse or assume any responsibility for any third party content. If you access or use any third-party content, you do so at your own risk. You expressly release Markdebrand from any and all liability arising out of your use of any third party content and you agree that Markdebrand shall not be liable for any loss or damage of any kind arising out of or in connection with the use of any third party content MARKDEBRAND TERMS AND CONDITIONS OF SERVICES Lags • Delays of MDB: Markdebrand shall use all reasonable efforts to meet the delivery schedule work plan and milestones. Markdebrand may extend the expiration date for any deliverable by written notice to Customer. The total of the extensions can not exceed 21 days. • Customer delays: The customer shall use all reasonable efforts to provide necessary information, materials and approvals. Any delay on the part of the Customer will lead to the extension of the benefits by Markdebrand. • General delays: Any delay caused by conditions beyond the reasonable control of the parties will not be considered a violation and will result in a day-to-day extension of any due performance. Each party shall make all reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of the agreement, blackout, fire, flood, force majeure, labor disputes, riots, acts of war, terrorism and epidemics. EVALUATION AND APPROVAL Testing: Markdebrand will test and correct the final results using commercially reasonable efforts before indicating the expected results to the customer. Approval periods: The customer will be entitled to three (03) change sessions once the "Work Product" has been delivered by Markdebrand. After seven (7) business days after the delivery will be deemed tacitly accepted by the Customer. FINAL DELIVERY Upon completion of the "Work Product" in accordance with the "General Terms and Conditions" and "Particular Terms and Conditions" of each Product and / or Service, Markdebrand will proceed to the formal delivery to the customer, terminating the contractual obligation Between the parts. Markdebrand will not be responsible for any kind of change required by the Customer after the approval and final delivery of the "Work Product" ACCREDITATION AND PROMOTION Accreditation: Markdebrand shall have the right to place accreditation, as a hyperlink or otherwise, in the form, size and location incorporated under the designer on the deliverables on each page of the final results. Promotion: Markdebrand reserves the right to reproduce, publish and display deliverables in design portfolios and websites, galleries, design magazines and other media or exhibitions for the purposes of recognition of creative excellence or professional advancement , and that it is attributed the authorship of the deliveries in relation to such uses. Approval of promotion: Either party, with the reasonable approval of the other party, may describe its role in the project on its website and other promotional and marketing materials, and, if not expressly opposed, include a link to the website of the other party. Third-party content As part of your use of the services offering, you may be provided access to third party content under separate terms and / or charges separately. We make this third party content available on an "as is" basis, without indemnification or support and any warranties of any kind (including warranties of merchantability, fitness for a particular purpose, and non-infringement), express or implied. You are solely responsible for reviewing, accepting and complying with all third party terms and other restrictions applicable to third party content. All third party terms are exclusively between you and the third party. Markdebrand does not endorse or assume any responsibility for any third party content. If you access or use any third-party content, you do so at your own risk. You expressly release Markdebrand from any and all liability arising out of your use of any third party content and you agree that Markdebrand shall not be liable for any loss or damage of any kind arising out of or in connection with the use of any third party content TERMS AND CONDITIONS OF THE WEB SERVICE 1. DESIGN • Creation of an eCommerce website in CMS (wordpress). • Design based on templates (the template must be chosen from a pool of options that we will send you). • Custom graphic design based on the client's corporate image. • Responsive site structure with display compatibility on mobile devices. • Website made in only one language. (Spanish) • The purchase of the SSL protocol will be assumed by the client. 2. SUPPORT • Our support is limited to adjusting WordPress options. • Right to two (2) sessions of changes. • Customizations limited to the selected template. • Structure customizations will not be made to the template, only installations of new templates and this will be counted as a change in one of the two change sessions. • Changes requested outside the two allowed sessions will be loaded as updates and charged independently. 3. TIMES • From the delivery of specific contents (texts, images, designs, among others) provided by the client, the time stipulated for the performance of the service or services to which agreement has been reached will begin. • Delivery time may vary according to the selected template. 4. COSTS • The cost of the premium template is included in this quote • Any additional plugin (additional supplement) that is necessary and has an extra cost, will be charged directly to the client. • From the 6th Section an additional service will be charged, and this will extend the delivery time of the final product. 5. ACCESS • The client will provide access to your hosting account and domain for hosting the web development, in which case if this service is required, it will be quoted independently. 6. POST-DELIVERY • Delivery of access for the administration of the website. Once the delivery is made Markdebrand is not responsible for the appropriate or inappropriate use of third parties on the web product. • Training for specific improvements is NOT included in the initial package, is additional and has a cost