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Terms & Conditions for using this website

CreativeFluke ("CreativeFluke" or "us" or "our") operates the CreativeFluke.com site. By using the Site ("CreativeFluke.com ") - available at the CreativeFluke.com address - you ("you" or, "End User") agree to these Terms of Use and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SERVICE OFFERED THROUGH THE SITE.

1. Permitted Uses

As a condition of your use of this Site, you agree that: Your use of the Site will at all times comply with the terms of this agreement

2. Site availability

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control. CreativeFluke.com site access may be interrupted, suspended or terminated. CreativeFluke.com retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

3. Disclaimer

The materials on CreativeFluke.com site are provided "as is" as makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CreativeFluke.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall as or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on CreativeFluke.com site, even if as or a as authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions

The materials appearing on CreativeFluke.com site could include technical, typographical, or photographic errors. CreativeFluke.com does not warrant that any of the materials on its web site are accurate, complete, or current. CreativeFluke.com may make changes to the materials contained on its web site at any time without notice. CreativeFluke.com does not, however, make any commitment to update the materials.

6. Websites of others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

7. Modifications to this Agreement

CreativeFluke.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

8. Governing Law

Any claim relating to this web site shall be governed by the laws of the State of Pakistan without regard to its conflict of law provisions.

 

 

Terms & Conditions for providing our services

Acceptance.

A copy of these terms and conditions is submitted along with project quotations or the link of terms & condition page is emailed the Client. The Client must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.

Charges.

Charges for services to be provided by CreativeFluke are defined in the project quotation that the Client receives via e-mail or with on a page. CreativeFluke reserves the right to decline any provided quotation without any notice.
All Web Development projects costing PKR 20,000 ex Vat and over will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web development do not cover the release of source Photoshop or Flash files; if the Client requires these items then a separate quotation can be prepared.

Client Review.

CreativeFluke will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies CreativeFluke otherwise within ten (10) days of the date the materials are made available to the Client.

Project Schedule and Content Control.

In the majority of projects, CreativeFluke will install and publicly post or supply the Client's Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by CreativeFluke. An alternate timescale can be agreed during the initial project discussion. In return, the Client agrees to delegate a single individual as 'first-point-of-call' to aid CreativeFluke with completing the project in a satisfactory and expedient manner. During the project, CreativeFluke will require the Client to provide copy and images. If content is not provided within four (4) weeks of an official request by email then CreativeFluke reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. CreativeFluke will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.

Payment.

Invoices will be provided by CreativeFluke upon completion of the work for Web Development and Design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within thirty (30) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after sixty (60) days then CreativeFluke will consider the account to be in default.

Default.

If the Client in default has any information or files on CreativeFluke’ Web space, CreativeFluke can, at its discretion, remove all such material from its web space. CreativeFluke is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.

Termination.

Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Legal Restrictions.

Terms and Conditions relating to hosting account content and usage may be found on this page.

Copyright.

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants CreativeFluke the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting CreativeFluke permission and rights for use of the same and agrees to indemnify and hold harmless CreativeFluke from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to CreativeFluke that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Media Delivery Requirements.

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, or .png format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by CreativeFluke to return to the Client any images or printed material provided for use in creation of the Client's Web site, such return cannot be guaranteed.

Access Requirements.

If the Client's Web site is to be installed on a third-party server, CreativeFluke must be granted temporary read/write access to the Client's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post Project Alterations.

CreativeFluke cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. CreativeFluke may require a one-off Web Development charge before resolving any issues that may arise.

Third Party Services.

CreativeFluke may require the usage of third party services - for example, credit card processing - to complete the Client's project requirements and will ensure these services are integrated into the project and working correctly upon completion. CreativeFluke cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client's website and may require a one-off Web Development charge before resolving any problems that may arise.

Domain Names.

CreativeFluke may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by CreativeFluke or Domain Service Provider. For .com, .org and .net domains, reminder emails will be sent out to the client before the domain expires at sixty (60), thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date from Domain Service Provider. In this case, the Client must notify CreativeFluke that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of CreativeFluke. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

General.

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

 

This page was created on May 28, 2014.