WEBSITE TERMS AND CONDITIONS & SERVICE AGREEMENT

Updated: November 14, 2024

PLEASE READ THESE TERMS CAREFULLY

These Terms of Use (the "Terms") govern your use of and access to www.starkdesign.studio and its sub-domains and affiliated sites, as well as Stark Design Studio pages and accounts on Facebook®, Instagram®, and Pinterest® (the "Sites").

1. SITE CONTENT AND OPERATION

Stark Design Studio exclusively owns and controls the Sites, which provides information about our web design, SEO, and maintenance services. The unauthorized reproduction, use of, or theft of any content, written, photographic, video, or otherwise, is expressly prohibited.

Our Sites are intended for use by persons who are a minimum of 18 years old. You must not copy, share, or disseminate the information on our Sites which are subject to copyright for which all rights are reserved.

We do not represent that the content on our Sites will be available or appropriate in all locations worldwide. Our Sites are written in English, and we do not take responsibility for any translations which are applied to our Sites.

2. ARTIFICIAL INTELLIGENCE DISCLOSURE

We may use artificial intelligence technologies (including but not limited to ChatGPT and Claude) to assist in content creation and enhancement when:

  • Clients request content enhancement

  • Provided content requires expansion or improvement

  • Additional content is needed to complete the project

While we utilize AI tools to enhance and create content, all AI-generated content is:

  • Reviewed and edited by our team

  • Customized to meet client needs

  • Subject to client approval before publication

We retain responsibility for the accuracy and appropriateness of all content, whether AI-assisted or not. All final content, regardless of creation method, is owned by the client upon final payment, subject to our portfolio rights as outlined in Section 3.

3. SERVICE TERMS AND CONDITIONS

3.1 Services Offered

We provide the following services:

  • Website Design and Development

  • Search Engine Optimization (SEO)

  • Website Maintenance

  • Custom Graphics and Logo Design (additional charges apply)

SEO Services Include:

  • Google My Business setup

  • Keyword analysis

  • On-page optimization

  • Content optimization

  • Technical optimization

  • Backlink building strategy

  • Position tracking setup

3.2 Project Timeline and Materials

  • All client materials must be submitted before the project start date

  • Project delays caused by late material submission may result in project rescheduling

  • Unlimited revisions are provided before the agreed-upon completion date

  • Rush projects (expedited timeline) will be charged at 1.5x the standard rate

3.3 Payment Terms

  • Credit card payments only or PayPal transfer

  • Basic design package: Three installment payments

    • 1/3 upon agreement signing

    • 1/3 two weeks later

    • 1/3 before site launch

  • Curate and Master packages: Up to six installments available

  • Missed payments will result in:

    • Project work pause

    • Possible rescheduling if other client projects are affected

  • All services are non-refundable

  • Additional work beyond agreed scope will be billed separately

3.4 Intellectual Property Rights

  • Clients receive full ownership of the completed website upon final payment

  • Stark Design Studio retains the right to:

    • Display the work in our portfolio

    • Use the work for promotional purposes

  • Custom graphics/logos:

    • Modification rights retained by Stark Design Studio

    • Usage rights transferred to client upon final payment

    • Portfolio display rights retained by Stark Design Studio

3.5 Technical Specifications

  • Browser compatibility guaranteed for Google Chrome

  • Post-launch bug fixes will be charged at hourly rates

  • No specific hosting provider requirements

3.6 Communication and Support

  • Response time: 24-48 hours

  • Urgent communications: Available via phone, text message, or WhatsApp

  • Regular business hours: Monday-Friday, 9:00am - 5:00pm

  • Additional requests outside project scope will be billed separately

4. LIMITATION OF LIABILITY

Nothing in this Agreement will:

  • Limit or exclude any liability for death or personal injury resulting from negligence

  • Limit or exclude any liability for fraud or fraudulent misrepresentation

  • Limit any liabilities in any way that is not permitted under applicable law

  • Exclude any liabilities that may not be excluded under applicable law

We do not guarantee that the Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Sites. You should use your own virus protection software.

5. JURISDICTION AND GOVERNING LAW

These terms and any claim or dispute arising in relation to the use of this Site or our services will be governed by Canadian law. The Courts of Quebec shall have exclusive jurisdiction over any claim arising from, or related to, these terms.

6. CONTACT INFORMATION

All feedback, comments, requests for technical support, and other communications relating to the Sites or services should be directed to: info@starkdesign.studio

By using our Sites or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.