TERMS AND CONDITIONS

Last updated October 12th, 2022

The client hires the services of GRAPHIC MARK, where the client must provide the necessary information to the designers appointed for the development of the website

GRAPHIC MARK has a maximum of 15 days to prepare a preview or proposal to the client. The time will start from the moment the information necessary to start the site has been sent. The associated costs of mailing or shipping are the responsibility of the client

Once the design of the web page has been completed, the client must approve it prior to its publication in the domain chosen by the client. The client will have access to the web page, through a hidden address that will be a beta version of the site.

The client will have to approve it, reject it or request modifications, after discussion with the designer in charge of the site. The client must formally communicate the modifications. The approval will take effect through the express acceptance of the web page, which may occur by any means.

Once approved or published, the client will have administrator permissions site administration software, to modify the contents of the page at no cost. The client accepts that any modification after the approval of the page and, therefore, delivery, will have an additional cost prior quotation.

The number of modifications will depend on the plan chosen by the client. All modifications that exceed what is contemplated by the page detail will have an extra cost. This cost will be previously communicated to the client.
Es responsabilidad del cliente realizar el respaldo de su sitio web una vez entregado el website.

PRICES

All our products are indicated in US dollars.

PRICES AND SETTLEMENT

 With respect to the prices of the services, the client will be charged the prices established in the corresponding section, as offered on the website. Prices include value added tax as provided by the applicable laws in the United Mexican States (16%).

In addition to the purchase price, customer shall be responsible for all taxes, including value added, excise, use, privilege, ad valorem, customs and any other similar taxes, levies, fees or charges, imposed or increased by virtue of any municipal, state, federal, international or any other nation's law, rule, ordinance or regulation with respect to the services sold to customer.

In the event Seller shall, for any cause whatsoever, become obligated to pay such taxes, Buyer shall, upon request, immediately reimburse Seller for such amounts. Customer shall provide, upon Seller's request, any tax exemption certificate.

In addition, to the extent required by applicable laws in each country, customers agree to send us duly completed tax forms to enable us to make all required filings with the tax authorities.

PRICE CHANGES

We may change prices and/or introduce new charges in addition to the prices at our sole discretion with thirty (30) days prior written notice to the User. Notwithstanding the foregoing, we may increase prices, immediately and with contemporaneous notice.

PAYMENT

The price of the Services shall be payable in advance by credit card or other method of payment accepted on the Website.

TERMS OF PAYMENT

 To provide any service, it will be necessary to cover 100% of the amount, including taxes.

PAYMENT METHODS

 Payments may be made via credit card or debit card accepted. We are not responsible for delays in our services in cases of fortuitous events or force majeure. Under no circumstances will GRAPHIC MARK pay penalties for delays in the delivery of our services.

The client is fully responsible for the maintenance of the site. In case of a redesign or the intervention of one of GRAPHIC MARK's designers, a prior quotation will be made to evaluate changes.

For this same reason GRAPHIC MARK offers a training of the Content Management Software, at the time of delivery of a project.

In case the client is not satisfied with the development of the proposals and expresses his intention to terminate the services, no refunds will be made.

THE COMPANY GRAPHIC MARK

Is not responsible for the following events:

  • Power outages, caused by electric companies.
  • Earthquakes, which prevent us from providing an optimal or complete service.
  • Fires in our dependencies outside our responsibility.
  • Misuse of access accounts, GRAPHIC MARK obliges its customers for security reasons to have a backup of all the information they keep in our servers.
  • Hacking of Web Sites, by misuse of permissions in folders or any other event.
  • Loss of Emails.
  • In the event that GRAPHIC MARK changes a domain with Shared Hosting to another Server.
  • Loss of Web Site, by failure in the hard disks of Shared Hosting, (It is the responsibility of the Client to maintain a backup of the Web Site).
  • Use of the service is at your own risk. GRAPHIC MARK is not responsible for the files and data residing in your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on GRAPHIC MARK's servers.
  • Theft from our facilities.

 BACKUP OF THE INFORMATION

IT IS THE CUSTOMER'S OBLIGATION TO TAKE ALL NECESSARY MEASURES TO ADEQUATELY SAFEGUARD THEIR INFORMATION, PERIODICALLY DOWNLOADING BACKUPS OF THE SAME.

GRAPHIC MARK IS NOT RESPONSIBLE FOR THE LOSS OF INFORMATION OF THE WEB SITE OR EMAIL ACCOUNTS CAUSED BY TECHNICAL PROBLEMS ATTRIBUTABLE TO THE COMMUNICATION AND DATA TRANSMISSION SYSTEMS, HACKS OR EXTERNAL MANIPULATION OF THE INFORMATION MAINTAINED IN THE CONTRACTED HOSTING SERVICE.

AT ALL TIMES IT IS THE CUSTOMER'S RESPONSIBILITY TO HAVE A BACKUP OF THE INFORMATION PLACED ON YOUR SITE. FOR ALL LEGAL PURPOSES IT IS EXPRESSLY STATED THAT THE SERVICE PROVIDED BY GRAPHIC MARK IS NOT A BACKUP SERVICE OF CONTENT OR INFORMATION HOSTED ON ITS SERVERS, SO IT IS NOT RESPONSIBLE IN THE EVENT OF LOSS OF SUCH CONTENT OR INFORMATION.

CLIENT'S RESPONSIBILITY

 IT IS THE RESPONSIBILITY OF THE CLIENT TO DEFINE AND ESTABLISH THE LEVELS OF PROTECTION AND SAFEGUARDING OF DATA THROUGH THE USE OF KEYS OR PASSWORDS, ESTABLISHMENT OF SECURITY ACCESS PROFILES, WHICH ARE EMBEDDED IN THEIR APPLICATIONS, TO WHICH GRAPHIC MARK PERSONNEL DO NOT HAVE ACCESS.

COMPUTER EQUIPMENT ARE TOOLS FOR DATA PROCESSING THAT BY THEIR NATURE ARE SUBJECT TO POSSIBLE FAILURES, EITHER BY THEIR OWN OPERATION OR IN THEIR PROGRAMS. FOR THIS REASON, THE CUSTOMER MUST TAKE THE USUAL PREVENTIVE MEASURES IN THE COMPUTER ACTIVITY TO KEEP ALL ITS INFORMATION BACKED UP, AS WELL AS TO HAVE THE NECESSARY SLACK FOR THE EXECUTION OF ITS PROCESSES. THE CLIENT WILL BE DIRECTLY AND EXCLUSIVELY RESPONSIBLE FOR THE EFFICIENCY OF THE PERSONNEL THAT OPERATES ITS TECHNOLOGICAL INFRASTRUCTURE.

THE CLIENT IS RESPONSIBLE FOR MAINTAINING A BACKUP COPY OF ALL CONTENT UPLOADED OR GENERATED ON THE INTERNET, FOR WHICH GRAPHIC MARK OFFERS THE ALTERNATIVE TO AUTOMATICALLY DOWNLOAD DAILY BACKUPS OF INFORMATION TO YOUR COMPUTER FROM YOUR CONTROL PANEL, IN WHICH THE CUSTOMER MUST DOWNLOAD YOUR BACKUPS VIA FTP PROTOCOL OR DATABASE CONSOLE, AS APPROPRIATE.

THE USER WILL MAKE SURE TO KEEP UPDATED ALL THE SCRIPTS INSTALLED IN HIS HOSTING ACCOUNT WITH THE MOST RECENT VERSION OF THE SAME, TO AVOID VULNERABILITIES AND/OR INTRUSIONS IN THE SERVER.

 WEB DEVELOPMENT

 GRAPHIC MARK reserves the right to incorporate a mention of the website developers: "Website Designed by GRAPHIC MARK". Said mention is included in the website download and appears on all sites developed and to be developed by GRAPHIC MARK, whether as independent companies or dependent on each other.

LIMIT OF WORK

GRAPHIC MARK reserves the right to reject the development and design of a website at any time, without notice and without refund, when a website is considered as an unfeasible project, that is to say, when the initial quotation by GRAPHIC MARK is lower than what is actually delivered.

CONTRACT TERMINATION

GRAPHIC MARK is authorized to temporarily postpone the project in progress, and even to terminate it, if within a period of 15 working days there is no communication, approach or simply the delivery of material has not been made by the client.

In this case, the project will be postponed. Consequently, the page will not be published on the Internet, for the reasons mentioned above. In case the client resumes the project after the 15 days mentioned above, he/she will have to pay a percentage corresponding to 50%, for a new period of 20 working days, in which the project should be finished in accordance with the initial requirements.

For this purpose, the client agrees with the stipulated and undertakes to perform a responsible, professional and shared work, meeting the objectives regarding the agreed time of delivery of work. GRAPHIC MARK shall have no responsibility whatsoever for the content of the information that the client places or causes to reside on the site of GRAPHIC MARK's servers, used by virtue of the present.

Notwithstanding the above, GRAPHIC MARK may terminate this service at any time if, in its opinion, the information placed on its server by the client violates the law in force at GRAPHIC MARK, morals or good customs, or affects third parties.

THE CLIENT

Accepts all the terms and conditions (previously expressed) at the time of quoting or hiring any web service in GRAPHIC MARK.

In case of any questions regarding these terms and conditions, please contact us at support@graphicmark.com..

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