Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client," "you," or "your") and Spark Tech Web Solution ("Agency," "we," "us," or "our"), concerning your access to and use of our web development services, maintenance contracts, custom software engineering, and the agency website.

By accepting a proposal, signing a Statement of Work (SOW), submitting payments, or browsing our web assets, you agree that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, you are prohibited from using our services and must discontinue use immediately.

Ownership and transfer of intellectual property (IP) are governed by the following guidelines:

• Deliverables & Custom Code: Upon complete and final payment of all outstanding invoices, the ownership of custom frontend code (HTML, CSS, JS, TS, React components), custom backend logic, and layout mockups specifically built for the Client transfers entirely to the Client.
• Agency Tools & Libraries: We retain all right, title, and interest in and to our pre-existing code blocks, starter templates, custom animation configurations, boilerplate configurations, and developer tools ("Pre-Existing Assets") used during the build. We grant you a perpetual, non-exclusive, royalty-free license to use these assets within the context of your specific application.
• Portfolio Rights: Unless explicitly restricted via a signed NDA, you grant us the right to showcase the completed website, screenshots, and visual assets on our online portfolio and marketing materials as examples of our design capabilities.

Billing structures and parameters are established to ensure clarity and delivery commitment:

• Milestone Structure: Projects are generally structured around designated milestones (e.g. 50% Upfront, 50% upon final sign-off prior to launch, or custom structures outlined in your contract).
• Retainers & Subscriptions: Ongoing maintenance packages, SEO audits, and speed optimizations are billed in advance on a recurring monthly cycle.
• Late Payments: If payments remain unpaid for more than 14 days post-due, we reserve the right to temporarily pause active development and suspend related hosting environments until outstanding balances are cleared.
• Extra Scope: Any changes, major layout redesigns, or feature additions requested outside the agreed-upon Statement of Work will be quoted separately as "Out of Scope" modifications at our standard hourly rates or fixed fees.

You represent and warrant that any content, company logos, fonts, graphics, database information, and copy provided to us for inclusion in your digital product are owned by you or you possess full licensing permissions to use them.

The Client agrees to hold Spark Tech Web Solution harmless against any claims, losses, or legal costs arising from allegations of copyright infringement related to materials supplied by the Client.

We strive for absolute design alignment and high-converting code. Revisions and timeline constraints operate as follows:

Spark Tech Web Solution supports various cloud platforms and handles deployments efficiently:

• Staging & Domain SSL: We supply secure staging URLs for review prior to launching on production.
• Third-Party Costs: The cost of domain names, hosting servers (e.g. AWS, Vercel, Hostinger), databases, API plugins, and email servers are paid directly by the Client to respective vendors. We do not markup third-party hosting fees.
• Post-Launch Warranty: We offer a 30-day post-launch warranty on custom code to address and fix any bugs, visual misalignment, or code issues that deviate from initial requirements, completely free of charge.

Our services are provided on an **"AS IS"** and **"AS AVAILABLE"** basis.

We do not guarantee that third-party hosting platforms, database servers, or custom code interfaces will remain completely uninterrupted, secure, or bug-free indefinitely due to browser engines evolving, APIs deprecating, or platform outages. We make no warranty that your custom website will yield a specific search ranking, conversion rate, or volume of organic traffic.

To the maximum extent permitted by applicable law, in no event shall Spark Tech Web Solution, its founders, or contractors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenues, database records, client files, or operational uptime resulting from your use of or inability to use the custom software.

Our cumulative liability for any claim arising from a specific SOW is strictly limited to the actual amount paid by the Client to us for that project.

Either party may terminate a project agreement upon delivering 14 business days' written notice under the following clauses:

• Termination for Convenience: If the Client terminates a project early for convenience, the Client agrees to settle all fees proportional to the development work completed up to the date of termination.
• Material Breach: If either party commits a breach of its material obligations (such as failure to pay or failure to supply requirements) and does not remedy the breach within 14 days of receiving notice.

These Terms and your use of our services shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Any legal action or dispute arising out of this agreement shall be resolved through friendly consultation. If consultation fails, disputes shall be submitted to the exclusive jurisdiction of the competent courts in Noida, Uttar Pradesh, India.

If you have questions, inquiries, or notices regarding these Terms, please contact us at: