Terms of Service

Welcome to UXSparkX Web Design Agency. These Terms of Service govern your use of our website and services. By accessing or using our website, you agree to be bound by these terms.

Last updated: December 2024

1. Acceptance of Terms

By accessing and using this website operated by UXSparkX Web Design Agency ("Company", "we", "our", or "us"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service apply to all visitors, users, and others who access or use the service. We reserve the right to update these terms at any time without prior notice. Your continued use of the website following the posting of changes will constitute your acceptance of such changes.

2. Description of Service

UXSparkX Web Design Agency provides professional web design, development, and digital marketing services. Our website (www.uxsparkx.company) serves as an informational platform and service showcase for our company and its offerings.

The services we offer include but are not limited to:

  • Custom web design and development
  • E-commerce website solutions
  • Responsive web applications
  • Digital marketing and SEO services
  • Website maintenance and support
  • UI/UX consultation and design

All services are provided subject to separate service agreements and project specifications that will be detailed in individual contracts.

3. User Accounts and Registration

Certain features of our website may require you to register for an account. When you register, you must provide accurate, complete, and current information. You are responsible for safeguarding the password and for all activities that occur under your account.

You agree to:

  • Notify us immediately of any unauthorized use of your account
  • Use strong, unique passwords and keep them confidential
  • Not share your account credentials with others
  • Not create accounts for automated systems or bots

We reserve the right to suspend or terminate accounts that violate these terms or engage in suspicious activity.

4. Intellectual Property Rights

The website and its original content, features, and functionality are and will remain the exclusive property of UXSparkX Web Design Agency and its licensors. The website is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

For client projects, the client will retain full ownership of their custom designs, content, and websites upon final payment and project completion. However, we retain the right to showcase completed work in our portfolio unless otherwise specified in the service agreement.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material on our website except as follows:

  • Your computer and browser may temporarily store copies of such materials
  • You may print or download materials for your personal use only

5. User Content and Conduct

Our website may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, or other material ("User Content"). You are responsible for User Content that you post, including its legality, reliability, and appropriateness.

You agree not to use the website to:

  • Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Violate any laws or regulations
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself
  • Upload or transmit viruses or any other type of malicious code
  • Spam, phish, pharm, pretext, spider, crawl, or scrape
  • Interfere with or disrupt the website or servers or networks
  • Attempt to gain unauthorized access to any portion of the website

We reserve the right to remove User Content that violates these terms and to terminate access to users who repeatedly infringe copyright.

6. Payment Terms and Project Workflow

For all projects, we operate on a milestone-based payment system. A deposit of 50% is required to commence work, with the remaining balance due upon project completion and approval. Additional revisions may incur additional charges as specified in the project agreement.

Project Timeline and Deliverables

Project timelines are estimated based on scope and complexity. We will provide regular updates throughout the development process. Client feedback and approval are essential for maintaining project schedules.

Refund Policy

Due to the custom nature of our work, refunds are not typically available once development has commenced. However, we are committed to client satisfaction and will work to resolve any issues through our revision process.

Late Payment Policy

Projects may be suspended if payment is not received within 15 days of the due date. A 2% monthly service charge may be applied to overdue amounts. Work will resume once payment is received.

7. Privacy Policy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the website, to understand our practices. Our Privacy Policy explains how we collect, use, and protect your information when you use our service.

We implement appropriate security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure.

For clients, we maintain strict confidentiality of all project materials, source code, and proprietary information. This confidentiality extends beyond the project completion and is governed by separate Non-Disclosure Agreements (NDAs) when required.

8. Disclaimers and Limitation of Liability

Website Availability

The information on this website is provided on an "as is" basis. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the website or the information, products, services, or related graphics contained on the website for any purpose.

Service Performance

While we strive to deliver high-quality services, we do not guarantee that our websites will be completely error-free, virus-free, or available 100% of the time. We are not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of our services.

Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by UXSparkX. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

9. Governing Law and Jurisdiction

These Terms of Service shall be interpreted and governed by the laws of the Republic of Philippines. Any disputes arising from these terms or your use of the website shall be subject to the exclusive jurisdiction of the courts of Cebu City, Philippines.

For international clients, we are committed to resolving disputes through mediation and arbitration before pursuing litigation. Any legal proceedings will be conducted in English.

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

10. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

For client projects, termination may result from payment issues, scope changes, or breach of agreement. Upon termination, clients will receive all project files and materials delivered up to the termination date.

11. Contact Information

If you have any questions about these Terms of Service, please contact us using the following information:

UXSparkX Web Design Agency
General Maxilom Ave, Cebu City, Philippines
Business Hours: Mon-Fri: 9:00-18:00 PHT

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

Your continued use of the website after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future terms of service, do not use or access the website.

We encourage you to review these Terms periodically to stay informed about your rights and obligations when using our website and services.

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.