MarkupHQ shall provide the services as nominated at time of order. A link to these agreed services will be emailed to both parties at the beginning of the project, after we have received your completely filled order form and project files.
Delivery of the Services
a) Start date: MarkupHQ will start providing services on the first business day from the date of purchase.
b) Completion date: The completion date will be provided to the client after MarkupHQ reviews all of the files and details of the project.
c) Delays: While we aim to deliver all our projects on time, if unforeseen circumstances delay delivery times, MarkupHQ will endeavor to offer some form of compensation up to the value of the original project cost. You are not entitled to make any further claims against MARKUPHQ beyond the original cost of the project.
Format of Project Delivery
MarkupHQ shall provide the completed service in form of a .zip file upon completion of the project. In the case that you have requested some other specific form of delivery, MarkupHQ will comply with this request if agreed on the contract.
As consideration for the provision of the services by the MarkupHQ, the price these services are nominated at the time of purchase and it varies depending on the services requested. For a correct pricing please refer to your invoice emailed at time of purchase and make sure you agree with the quote provided before accepting the contract.
You agree to pay the price agreed to MarkupHQ before we begin working on your project. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the services provided by MarkupHQ to you under this Agreement and such will be payable by the person that contracts MarkupHQ in addition to all other charges payable hereunder.
With every project awarded to us, we put forth our 100% efforts to deliver within the allocated deadlines with top quality. We gurantee 100% satisfaction with our work so we offer refunds if you are not satisfied with our services. There are some general process we follow where refund will be applicable:
a) If you terminate the project, before we start working on it.
b) If quality is not upto the mark (deliverables based on which project was awarded).
c) If we fail to complete the project.
However there are some cases, in which we can not process the refund:
a) If we have already started the project and you want to terminate the services. A partiall refund can happen based on discussions.
b) If files are already on your server or server you have asked us.
c) Delivery files are sent.
Intellectual Property Rights
MarkupHQ agrees to grant to the purchaser a Non-Disclosure Agreement (NDA) where MarkupHQ establishes that any material, information, files related your project will not be shared with third parties or used in any other way that is not related to the completion of the project. In respect of the material specifically created for the Purchaser as part of the services, MarkupHQ accepts that the full title guarantee belongs to the person or company that contracted our services and all of the copyright, other intellectual property rights and any other data or material used or subsisting in the project files, whether finished or unfinished also belongs to the purchaser.
a)MarkupHQ represents and warrants that:
b)We will perform the services with reasonable care and skill
c)Services and the files provided by MarkupHQ to you under this Agreement will not infringe or violate any intellectual property rights.
Term and Termination
a)The Agreement shall be effective on the date of payment hereof and continue, unless terminated sooner in accordance by both parties.
b)Either Party may terminate this Agreement upon notice in writing if:
c)The other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
d)voluntary arrangement is approved by both parties.
Relationship of the Parties
The Parties acknowledge and agree that PSD to HTML services performed by MarkupHQ, its employees or agents shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights and if any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.
a)Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
b)This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
c)This Agreement constitutes the entire understanding between the Parties PSD to HTML services and/or platform implementation hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
d)Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond their control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
e)This Agreement shall be governed by the laws of the jurisdiction in which the Purchaser is located (or if the Purchaser is based in more than one country, the country in which its headquarters are located) (the "Territory") and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
After preview, if you approve the HTML/CSS, you are more than welcome to provide changes that you need done in order for the project to be fully pixel perfect based on your PSD files. You will have 3 rounds of edits (for example: font styling, minor alignment changes, JS effects) and if you require a change in the design that might require extra efforts, we may have to charge an additional fee.
A round can be defined as a list of edits that we are going to complete. Once the first round is fully completed, if you need a few more changes you will be able to send a second round and a third round if needed.
The programmer will need a detailed list of changes (screenshots if possible) so we can provide a fast and efficient result.
This screenshot tool may be helpful: http://awesomescreenshot.com/
After the 3 rounds of edits are finalized you can ask for more changes, but this will be charged separately.
If your project is CMS read below:
Edits on the CMS have the same flow as the HTML process, but they are only related to functionality (for example: change widgets, use a different plugins, the logic of the code) and not HTML/CSS because we will be using the HTML code that you previously approved.
Upon making payment for one of MarkupHQâ€™s services you are hereby accepting this terms and services agreement.