This agreement encompasses any past, present, and future Services provided by the
Service Provider to the Client. As the Services offered by the Service Provider are unique and varied,
specific terms and conditions apply based on the Services purchased and documented in the invoice provided
by the Service Provider. In addition to the Common Terms & Conditions, there will be additional
conditions applicable according to the specific Services mentioned in the Client's invoice. These
service-specific terms and conditions will be determined by the Services purchased by the Client as
documented in the invoice.
COMMON TERMS & CONDITIONS FOR OUR SERVICES
1.
Authorization. By engaging the Service Provider, the
Client acknowledges that they are hiring us as an independent contractor for the specific purpose of
designing and setting up new accounts for the purchased Services. The Client grants the Service Provider
permission to access their pre-existing accounts with "write permission," and authorizes the
Agent, Company, Associates, and the Account Provider to provide the necessary access permissions to the
Service Provider. This includes login information and access to any third-party accounts associated with the
purchased Services, allowing the use of licensed images, copyrighted text, and other technical information
required for designing and developing the Services.
2. Links. The Client ensures that all links provided have been verified and approved for use on their Services. The Service Provider assumes no responsibility for any legal issues or suits directed at the Client due to the use of unapproved links on their account or Services.
3. Graphics, Audio, Video Media. It is expected that the
Service Provider will receive from the Client or create all necessary graphics, audio, video, and media
elements required to complete the Client's Services. This may include audio, video, images, photography,
scanning services, video and photo shooting, editing, animation, and the use of third-party stock
photography, audio, video, and any other media elements.
At the request of the Client, the Service
Provider may conduct on-site visits to the Client's place of business to capture images, video, and
audio in digital format for use on the Client's Services. Additionally, the Service Provider is equipped
to scan images, send and receive digital media formats for audio and video, and shoot videos upon the
Client's request.
Since the requirements of Clients can vary, the quantity of digital photography, video production, footage, shooting locations, and scans, as well as the associated costs, will be subject to negotiation. The Client agrees to bear all additional expenses related to travel, food, and accommodation for the Service Provider's team involved in this process.
3.1 Third-party stock photos, audio and video. The
package includes the cost of up to $150 per month Third-party stock photos, audio and video for additional
purchases, the Customer is responsible for covering any costs associated with the purchase of third-party
stock photos. When providing third-party stock photos, audio and video materials to the Service Provider in
any way, the Client assumes full responsibility. The Client agrees to compensate for damages, protect the
Service Provider and its subcontractors from any claims or lawsuits arising from the use of such elements
provided by the Client.
1. Additional requests.
For any additional material or development work that falls outside the scope of the
agreed-upon plan and is not included in the overall project, the Client will be subject to a standard rate
of $50 per hour for Essential plans and any other and $40 for Advanced plans. However, the price for such additional work is negotiable and will be determined based on
the complexity and requirements of the requested tasks
2. Text &
Files.
The Client is required to provide all text and other files in popular readable electronic formats such as .jpg, .gif, .png, or .pdf. These submissions can be made as email attachments or through an external USB drive. However, if the Client requests the Service Provider to obtain files through alternative means, additional charges may apply.
3. Payment Terms/Workflow.
Unless explicitly specified otherwise in our offer or invoice, the Customer is required to make full payment in advance for all services provided by the Service Provider. Upon receiving the full payment and ensuring that the Service Provider has complete access to the necessary content from the Client, the design and development process will be initiated.
For online service purchases, the Customer is obligated to pay the full amount upfront. In cases where online credit card payments are inconvenient, alternative payment methods such as bank checks, money transfers, checks, and bank transfers can be utilized.
For custom services (non-subscription based) with a total development cost exceeding $5000 USD, a minimum deposit of 50% of the total specified amount is mandatory to initiate the development process. Other mutually agreed-upon payment methods may also be utilized for the project.
The remaining balance (final payment) must be settled upon completion of the development or before it. Customers can make this payment using various methods, including online credit card payments, bank checks, money transfers, checks, bank transfers, and e-mail transfers.
The Service Provider reserves the right to remove all web content, design, and developments from the Internet if payment is not made within thirty (30) days after receiving the notice of completion. In case of any anticipated payment delays, the Customer is advised to contact the Service Provider in advance to discuss possible solutions. If issues are expected, alternative arrangements may be considered.
4. Monthly or Half-Yearly or Yearly Subscription Service Payment.
The Client agrees to pay the Monthly or Half-Yearly or Yearly fees in advance for each month. The Service Provider reserves the right to hold the monthly services if payment is not made within five (5) days after the due date. If a payment delay is anticipated, please contact the Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement. If the Client is delinquent in their payment, the proper actions may be taken by the Service Provider and the service may be suspended and account may be terminated.
5. Client Amendments to Services.
The Service Provider is committed to providing exceptional customer service, and we welcome input from the Client during the design process. However, it is essential to clarify that our agreement does not cover significant design, development, or production changes beyond what has been agreed upon.
Examples of significant Service modifications include:
5.1) Replacing more than 50% of the text, image content on any given page, or graphics as per the Client's request.
5.2) Designing, producing, and shooting an entirely new video, audio,
photography, graphic design, ad, website layout, or strategy to accommodate substantial changes requested by
the Client.
5.3) Making significant reconfigurations to the Client's PPC AD account, Campaigns, Advertisement, Graphic Designs, or Web Links.
5.4) Creating a new navigational structure or making design or link changes in graphics as per the Client's request.
5.5) For Monthly Technical Maintenance: Uploading or updating content, such as replacing text or images on any given page, or significantly reconfiguring the Client's shopping cart with new product uploads, shipping or discount calculations, if the Client has chosen an e-commerce enabled site.
5.6) Any additional content update on the website beyond what is already included in our Plan.
Clients who anticipate frequent changes to the site's appearance during the design process or desire intricate involvement in designing each page, graphics, or PPC campaigns are encouraged to negotiate a separate agreement before purchasing our Services.
If the Client requests significant development work that goes beyond the agreed-upon scope, corresponding charges will be invoiced accordingly.
6. Copyrights and
Trademarks.
The Client affirms and guarantees that any text, graphics, photos, designs, audios, videos, trademarks, or other artwork provided to the Service Provider through Email, Phone, Internet, On-Paper, in-meeting, or any other means, for use on the Client's website, are either owned by the Client or that the Client possesses the necessary permission from the rightful owner to utilize each of these elements. The Client further agrees to indemnify, protect, and defend the Service Provider and its subcontractors against any claims or suits arising from the use of such elements furnished by the Client.
The Client acknowledges that any content used during the website development process is owned by the Client, and the Service Provider will not be held liable for the Client's Content or the content of any third party. This includes, but is not limited to, any errors or omissions in the Client's Content or any losses or damages incurred as a result of using any posted, transmitted, or otherwise shared content. The Service Provider shall not be responsible for any Copyright Infringements related to the Client's content or any third-party content.
7. Assignment of Development.
The Service Provider reserves the right to assign certain subcontractors to this development to ensure the right fit for the job as well as on-time completion. The Service Provider warrants all work completed by subcontractors for this development.
8. Additional Expenses.
The Client agrees to reimburse the Service Provider for any critical Client requested expenses necessary for the completion of the development. Examples would include the purchase of specific fonts, photography, audio, video, forms, software, third-party plugins, online portals, or search engine submission at the Client's request.
9. Age.
The authorized representative of the Client certifies that he or she is at least 21 years of age and legally capable of entering into a contract in the Province of British Columbia on behalf of the Client.
10. Abuse.
The Client agrees to maintain a
professional demeanor and work in a respectful manner with the Service Provider. Any pattern of
inappropriate behavior, false accusations, harassment, derogatory or threatening speech directed towards the
Service Provider, its officers, staff, or contractors will not be tolerated. The Service Provider has the
right to take strict action, including legal steps, and may suspend the development process and any related
services without offering any refund or guarantees to the Client. The Service Provider maintains a
zero-tolerance policy for Clients abusing our Services.
11. Limited Liability.
The Client acknowledges that any material submitted for publication will not contain anything leading to abusive or unethical use of the Service Provider. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy. The Client hereby agrees to indemnify and hold harmless the Service Provider from any claim resulting from the Client's publication of material or use of those materials. It is also understood that the Service Provider will not publish information over the Internet which may be used by another party to harm another. The Service Provider will also not develop pornographic or illegal software for the Client. The Service Provider reserves the right to determine what is and what is not suitable.
12. Indemnification.
The Client agrees to defend, indemnify, save, and hold the Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, associated with the Service Provider's development of the Client's Services. This includes liabilities asserted against the Service Provider, its subcontractors, agents, clients, servants, officers, and employees that may arise from any service provided or performed, or agreed to be performed, or any product sold by the Client, its agents, employees, or assigns. The Client also agrees to defend, indemnify, and hold harmless the Service Provider against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation that is detrimental to another person, organization, or business. Under no circumstances, including negligence, shall the Service Provider, its officers, agents, or anyone else involved in creating, producing, or distributing service be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of or inability to use the service; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to the Service Provider records, programs, or services. Notwithstanding the above, Client's exclusive remedies for all damages, losses, and causes of actions whether in contract, tort (including negligence), or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.
13. Ownership.
Copyright to the finished assembled work of Services produced by the Service Provider and graphics shall be vested with the Client upon final payment for the development. This ownership includes design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this development. All materials developed that are intended for publication on the web remain the property of the Service Provider until final payment for the development has been tendered by the Client. At this time, all materials become the property of the Client and may be used by them as desired. Should materials described in this agreement be used on the web by the Client before the tender of final payment, then this agreement is breached, and appropriate penalties will apply.
14. Design Credit & Reviews.
The Client agrees that the Service Provider may put a byline on the bottom of their web site, establishing design and development credit. The Client also agrees that the web site, graphics, video, audio, and any development created for the Client will be included in the Service Provider's portfolio, and the Client will provide a text review, audio, or video testimonial when requested by the Service Provider. If any or none of these are acceptable, please inform the Service Provider beforehand via email or in writing via registered mail.
15. Nondisclosure.
The Service Provider, its employees, and subcontractors agree that, unless directed by the Client, they will not disclose any Confidential Information to any person during or after the term of this Agreement. Similarly, the Client agrees not to convey any confidential information obtained about the Service Provider, including strategies, vision, information mind maps, or training, to any other party.
16. Completion Date & Cancellation.
The Service Provider and the Client shall work together to complete the development promptly to ensure the profitability of both parties. If the Client requests cancellation of the development within 2 weeks (14 days) of purchase, it must be made in writing. In the event that development is postponed or canceled at the Client's request after 14 days of purchase, the Service Provider retains the right to retain 50% of the total amount invoiced for the service as a deposit and to cover development expenses already incurred. If this amount is insufficient to cover the Service Provider's time and expenses, an additional payment may be due, which will be billed to the Client within 10 days of notification to halt development. The final payment will be expected under the same terms as listed in this agreement. The Client acknowledges that once the Service Provider completes the design and development process, any further work will incur additional costs, which will be estimated and quoted to the Client for approval. Unless the Client is a monthly paid service subscriber with the Service Provider, the Client agrees that the Service Provider has no legal obligation to continue working on completed services or projects.
17. Entire Understanding.
These terms constitute the entire agreement between the Service Provider and the Client regarding any development provided by the Service Provider for the Client. This agreement becomes effective immediately upon engaging services from the Service Provider or purchasing any Services from them. Both parties acknowledge that they have read and understood the terms outlined in this agreement. This agreement applies to all Clients for whom the Service Provider has rendered Services, and to any Client who has purchased Services with the design credit or byline in the footer mentioning "powered by" or "website designed by," etc., linked to the Service Provider's URLs.
18. Revisions to these Terms of Agreement.
The Service Provider reserves the right to revise, amend, or modify the terms of this Agreement and other Terms of Use, Privacy Policies, and Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms of Agreement.
Website, Web Design, Web Development / Plans / Packs / Packages – Terms &
Conditions.
These terms constitute the agreement between the Service Provider
and the Client regarding the Web Design Services. The Client agrees to hold the Service Provider harmless
from any claims or lawsuits arising from the use of the website or any technical issues related to
third-party hosting, servers, domain providers, or acts of God.
1. Domain Registration.
Upon the Client's request, the Service Provider may assist in securing a domain name (e.g., www.yourcompany name .com, etc.) on behalf of the Client. Any charges incurred for domain registration will be billed to the Client as an additional fee. If the Client desires a specific domain name already owned by another party, an alternative domain name must be registered. If the Client already has a domain name, the Service Provider may coordinate redirecting the address to the new hosting server.
2. Standard Hosting Services.
At the Client's request, the Service Provider may assist in ordering an account with a Host Provider on behalf of the Client or the Client may choose to order the account independently. In the latter case, the Client is responsible for all necessary hosting fees before ordering. If the Client is not an advanced Internet user, they are encouraged to use the Service Provider's assistance to secure and maintain the hosting account.
3. E-mail Assistance.
The Service Provider may offer e-mail assistance to Clients whose websites reside on the Service Provider's server. This includes aiding the Client with e-mail setup using the maximum number of accounts allowed. However, if the e-mail setup is not successful, the Client may need to contact their Hosting or Email company for further assistance.
4. Cross-Browser Compatibility.
The Service Provider will create a website viewable in Safari and Google Chrome. Compatibility means all critical elements of each page are viewable in both browsers. The Client acknowledges that some advanced Internet techniques may require a more recent browser version or plug-in. The Service Provider will address any redesign for compatibility due to new browser versions upon the Client's request, subject to separate negotiation.
5. Add-Ons.
The Client may request additional configurations, features, or programming languages for their website. Large-scale developments using these add-ons will be separately negotiated. The Service Provider recommends the use of the Client's bank's e-commerce services, and any costs or charges related to the Client's E-commerce website are not covered by the Service Provider.
6. Search Engine Registration.
Upon final payment, the Service Provider will optimize the Client's website with appropriate titles, keywords, descriptions, and text and submit it to free search engines and directories at the Client's request. However, the Service Provider does not provide any warranty or guarantee for search engine ranking.
7. Website Design Services.
The Service Provider may use open-source platforms like WordPress CMS and third-party applications for website building. The Client understands that the Service Provider will not be liable for any faults, loopholes, hacks, or spam arising due to mismatch or upgrading errors with different versions of CMS and plugins.
8. SEO Keywords & Pages.
The Service Provider does not guarantee Search Engine Ranking. Page rank depends on various factors, and the Client should consider Search Engine Optimization services for a guarantee.
Online Advertising
1.Payment for Google AdWords, Facebook/Instagram Advertising, and Social Media Ads.
For clients purchasing Google AdWords and/or Facebook/Instagram Advertising services, Pay-Per-Click (PPC) is a paid advertising service where the client pays directly to Google Inc. and Facebook Inc. for each click made by online visitors using the ads/campaigns designed by the service provider. The client agrees to pay the full daily/weekly/monthly/yearly budget for the Pay-Per-Click ad campaigns to Google Inc. and Meta Platforms Inc.. The client accepts full responsibility for running their own campaigns/advertisements on Google and Facebook, and the service provider is not responsible for any payments, penalties, or claims arising from delays in payments to Google Inc. or Meta Platforms Inc.. The service provider's role is limited to setting up the client's ad campaign account and managing it on a monthly basis (if monthly service is purchased).
2.Google AdWords and Facebook/Instagram Advertising Campaign and Advertisement Design.
The service provider may use free accounts for Google AdWords. The client will provide keywords related to their targeted niche, along with different demographics, geographic locations, and age groups. The client will also furnish any specific ideas, messages, text, or pictures they want to include in the advertisements. Once the advertisement design is approved by the client, any further changes to the design will incur additional costs.
3.Success Rate of Google AdWords and Facebook Advertising Campaigns.
While the service provider will make every effort to set up successful ad campaigns, it is important to acknowledge that the success of paid advertisements cannot be guaranteed. Various factors, such as competition, budget limitations, technical issues, or external circumstances, can impact the performance of these advertisements. The client agrees not to hold the service provider liable for any failures or outcomes of the ad campaigns and will protect and defend the service provider and its subcontractors from any lawsuits related to campaign performance.
4.Refund Policy for Google AdWords, Facebook Advertising, and Related Services.
The service provider does not offer refunds for Google AdWords PPC, Webmaster or Google Console, Google Analytics, Facebook Advertising, monthly maintenance, or reporting services. Any issues arising from violations of Google or Facebook policies found on the client's website will not be refunded, as the service provider has no control over the client's website compliance. The service provider is solely responsible for setting up accounts and managing campaigns as per the client's requests, and any performance-related issues are not the service provider's liability.
5.Payment to Google Inc. and Facebook (Meta) Inc.
If the client chooses to use any premium Google or Facebook services, they agree to make direct payments to Google Inc. and Meta Platforms Inc.. The service provider is not responsible for any such payments.
6.Google Analytics Code Installation.
The service provider is not responsible for installing the Google Analytics code on the client's website. The service provider will generate the code and provide it to the client via email. Only upon receiving written request from the client, the service provider will install the Google Analytics Code on the client's website, subject to additional fees.
7.Web Improvements Related to Google Console/Webmaster, Analytics.
The service provider's role is limited to setting up accounts and providing reports with user data and statistics. Improving the website or ad performance is not within the service provider's responsibility. If the client requires web improvement or redesign services, additional fees will apply. The client agrees not to hold the service provider liable for any web or ad performance-related issues and will protect and defend the service provider and its subcontractors from any lawsuits in this regard.
Our Right to Cancel.
1. We retain the right to terminate our provision of service to you at any time. If we cancel the service, we will fully refund any deposit made by you.
2. Reasons for cancellation may include, but are not limited to, staff illness, short-notice medical or family emergencies, or natural/human disasters/events.
Your Right to Cancel.
3. You have the right to terminate our services at any time.
4. If you cancel the service, all deposit payments made by you are non-refundable.
Terms of Use
Welcome to our website (crokio.com). By continuing to browse and use this website, you agree to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern this website's relationship with you in relation to this website.
The terms "us" or "we" refer to the owner of the website.
The term "you" refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Trademarks such as "Analytics," "AdWords," "Webmaster Tool" are owned by Google Inc. Other trademarks include "Yahoo," "Ask," "Bing," which belong to their respective owners. Throughout this website, you may find a logo and screenshots from Google, and therefore, we would like to mention that:
© 2024 Google Inc. All rights reserved. Google and the Google Logo are registered trademarks of Google Inc.
© 2024 Google Inc, used with permission. Google and the Google logo are registered trademarks of Google Inc.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
When you upload, submit, store, send, or receive content to or through our website/services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our website/services.
Liability for Our Services
To the extent permitted by law, neither we nor our suppliers, vendors, partners, associates, staff, officers, or distributors shall be held responsible for any lost profits, revenues, or data, or for any indirect, special, consequential, exemplary, or punitive damages arising from the use of our services.
In the event of any claims under these terms, including any implied warranties, our total liability, along with our suppliers, vendors, partners, associates, staff, officers, and distributors, is limited to the amount you paid us for the use of the Services. Alternatively, we may choose to supply the Services again.
We shall not be liable for any loss or damage that is not reasonably foreseeable.
If you are using the Services for personal purposes and are protected by consumer legal rights in your country, nothing in these terms or any additional terms shall limit those rights which cannot be waived by contract.
Links to Other Websites
From time to time, our website may contain links to other websites for your convenience and to provide further information. However, we do not endorse these linked websites and have no responsibility for the content they contain.
Newsletter Subscription / Email Opt-in to List
We use a double opt-in process to add interested website visitors to our email list in compliance with the CAN-SPAM Act. By subscribing to our newsletters and promotional emails, you agree to this process. You have the option to unsubscribe from our email list at any time. We shall not be held liable for any damages arising from our subscription service, and you agree to hold us and our subcontractors harmless from any claims or suits related to the use of our subscription services.
Privacy Policy
Our Privacy Policy is designed to protect and manage the personal information collected from you (the customer) online.
Consent for Collection, Use, and Disclosure
By using this site and/or registering for our products and services, you consent to the terms of our Privacy Policy. If you do not agree with these terms, please refrain from using our website.
Accountability
We collect certain "personal information" (information that personally identifies you) at the time of your registration and sign-on to our website, including your name, email address, and IP address information. We take responsibility for your personal information and ensure compliance with the principles outlined in our Privacy Policy.
Purposes for Collecting Personal Information
We collect and use personal information for the following purposes:
Limiting the Collection of Personal Information
We only collect personal information that is necessary for the identified purposes. We do not knowingly collect any personal information from children under the age of thirteen.
Use of Cookies
When you visit our website, a cookie may be placed on your computer or read if you have visited our site previously. We use cookies to determine which products and services you have shown interest in, so we do not provide redundant information. However, you have the option to choose not to accept cookies from our website, though this may limit your experience and access to certain services and product offerings.
Disclosure, Processing, and Retention
We do not sell, rent, or disclose your personal information to any third parties.
Security Safeguards
We make reasonable efforts to protect customer information and ensure its security.
Refund Policy:
Our money-back guarantee is provided only through prior agreement and upon the inclusion of this provision in the contract. To be eligible for a refund, clients must meet the following conditions:
- Advertising Budget: The advertising budget should range from 7-20% of the projected revenue but must be a minimum of $500 per month.
- Lead Guarantee: We guarantee to generate a minimum of 1 lead genuinely interested in your products and/or services.
Please note that the availability of the money-back guarantee is subject to prior arrangement and must be explicitly stated in the contract.