Before using our web design services, please read these terms and conditions carefully. By accessing or using our services, you agree to abide by these terms and conditions. If you do not agree with all of the terms and conditions outlined below, you may not use our services.
ONEMORECRAFT is a web design management company. Each of the services offered is available for rent at specified durations and rates; no service can be permanently purchased.
Scope of Services
1.1 We offer professional web design and services designed to meet your specific requirements.
1.2 Our services may encompass web design, web development, graphic design, content creation, and web advertising services, as agreed upon in written terms.
All services provided through our website are for rental purposes. The usage period of a specific service is user-specific.
Payments
2.1 All specified durations and prices of our services will be provided on our website or through a written agreement. Billing transactions for users will be conducted in the currency of their country of residence. Prices will be calculated using the exchange rate of the American Dollar. Payments will be secured through Stripe or PayPal.
2.2 Unless otherwise agreed in writing, the full payment must be made before commencing any work.
2.3 We only accept the specified payment methods as indicated on our website or in the provided payment details.
No refund policy.
3.1 Due to the nature of our services and the time and effort invested in the design and development process, we have a strict no-refund policy.
3.2 After payment is made and work has commenced, no refunds will be issued for any reason, including but not limited to changes in project requirements, cancellations, or dissatisfaction with the final product.
Intellectual Property Rights
4.1 All intellectual property rights arising from our web design services, including but not limited to the website design and files, belong to ONEMORECRAFT. ONEMORECRAFT is not responsible for changes made by users within the site or any legal obligations that may arise in the future from the initial publication date of the site. ONEMORECRAFT is solely responsible for web design and the technical functionality of the site. Except for the domain name and email, the server and SSL security certificate are operated in the name of ONEMORECRAFT. The domain name and email will be transferred to the customer even if the customer terminates collaboration with ONEMORECRAFT. ONEMORECRAFT cannot make or generate any changes without the permission of the customers. Users will not be granted access to the WordPress admin panel (wp-admin), source files, and FTP. Customers cannot make changes to the theme themselves. Additional fees may apply if customers want to purchase the files, or ONEMORECRAFT may reject such a request. After discontinuing payment for the service, ONEMORECRAFT will retain ownership of the theme, server, security certificate, privacy protection, and all other services (excluding domain name and email services) and may terminate all services at any time without prior notice at its discretion.
4.2 You are responsible for ensuring that any content provided to us does not violate any third-party intellectual property rights. We reserve the right to reject any content that we believe may infringe on such rights.
4.3 Unless otherwise agreed in writing, we reserve the right to showcase completed projects in our portfolio and promotional materials.
Customer Responsibilities
5.1 You are responsible for providing the requirements, materials, feedback, and information necessary for the completion of the project in a clear and accurate manner.
5.2 Delays or additional costs resulting from your failure to provide necessary materials or timely feedback may lead to adjustments in the project timeline or additional charges. This includes expenses related to services such as domain registration, server, email, SSL certificate, and others.
5.3 After the website is published, you are solely responsible for any legal obligations related to the content within the site, including text, visuals, or any files located on the server. ONEMORECRAFT reserves the right to suspend or terminate your service in case of legal violations.
Privacy
6.1 We will keep confidential all information provided by you and will not disclose it to third parties, except when necessary for the provision of our services or required by law.
6.2 Project Details and Ownership Information: Both parties agree to treat exchanged project details and any ownership information confidentially during the collaboration.
Limitation of Liability
7.1 We will make every reasonable effort to ensure the quality and timely delivery of our services. However, we are not liable for any loss, damage, or delay arising from conditions beyond our control, including but not limited to technical issues, third-party services, or force majeure.
Termination
8.1 In the event that either party fails to fulfill its obligations in accordance with these terms and conditions, the other party may terminate an agreement, with rights and obligations reserved.
8.2 Termination does not exempt you from payment obligations related to the services provided until the termination date.
8.3 The user may terminate their services one month in advance without incurring any penalties. Unpaid services may be suspended or terminated. If termination is requested at the beginning of the month, charges will apply for that month.
Changes
9.1 We reserve the right to modify these terms and conditions at any time. Any changes will be effective immediately after being published on our website or notified to you through other reasonable means.
Applicable Law
10.1 These terms and conditions shall be governed by and interpreted in accordance with the laws of the country of residence. Any dispute arising from or related to these terms and conditions shall be subject to the exclusive jurisdiction of the courts.
Applicable Law and Jurisdiction for U.S. Customers
11.1 For customers located in the United States, these terms and conditions shall be governed by and interpreted in accordance with the laws of the state where our business is registered
11.2 Any dispute arising from or related to these terms and conditions shall be subject to the exclusive jurisdiction of the federal and state courts located in the state where our business is registered.
Automatic Payments
12.1 By providing your credit card information and authorizing automatic payments, you give us permission to charge your credit card for the agreed-upon services.
12.2 Automatic payments will be processed according to the payment plan specified in your contract or communicated to you.
12.3 You are responsible for ensuring that your credit card information is accurate and up-to-date. Any changes to your credit card information must be promptly communicated to us.
12.4 In the event of a failed or declined payment, we may attempt to reprocess the payment or request an alternative payment method from you. Failure to provide a valid payment method may result in the suspension or termination of our services.
12.5 You have the right to cancel automatic payments by providing written notice at any time. However, the cancellation of automatic payments does not exempt you from the payment obligations for services provided until the cancellation date.
12.6 We will process your credit card information in accordance with applicable laws and regulations, and we will take reasonable measures to ensure the security and confidentiality of your information.
12.7 All credit card payments are secured through Stripe; no credit card information belonging to you is stored or retained in our system in any form.
Customer Support and Updates
13.1 We strive to provide excellent customer support throughout the duration of our commitment.
13.2 We will communicate with you in a timely and professional manner regarding your project, including updates, progress reports, and necessary explanations.
13.3 Customer support is provided during our normal business hours, as specified on our website or in our communication with you. We will make reasonable efforts to respond promptly to your questions and requests.
13.4 Unless otherwise expressly agreed in writing, we do not have an ongoing obligation to support third-party services or technologies.
13.5 After the completion of the project, any additional support or updates requested by you may be subject to separate agreements or fees, unless otherwise specified in our initial contract.
13.6 Unless explicitly stated in our contract or subsequent arrangements, we do not guarantee the presence of specific updates, improvements, or changes in the delivered project.
14.1 General Updates: We strive to stay current with industry standards and technological advancements to provide you with the best web design service. Periodic updates may be necessary to enhance the security of your website, improve functionality, or integrate new features.
14.2 Customer-Requested Updates: After the completion of the project, customers may request updates or changes to their websites. Requests for updates should be submitted in writing, specifying the nature of the changes.
14.3 Update Schedule: We will make reasonable efforts to implement requested updates in a timely manner. The update schedule will be communicated to customers after receiving their requests.
14.4 Update Fees: Additional fees may apply depending on the nature and scope of requested updates. A cost estimate for the update will be provided to the customer. Work on the update will only commence with the customer's approval before initiation."
14.5 Security Updates: In order to maintain the security of your website, we reserve the right to apply security updates without prior notice to provide protection against potential vulnerabilities.
14.6 Compatibility Updates: Updates may be required to maintain compatibility with web browsers, devices, or third-party tools. These updates will be performed as needed to ensure optimal performance.
14.7 Notification of Major Updates: We will make an effort to provide advance notice to the customer for major updates that may impact the overall design or functionality. This allows customers to be prepared for any adjustments on their end.
14.8 Testing and Quality Assurance: Before deploying any updates, we will conduct comprehensive testing and quality assurance to minimize the risk of performance disruptions to your website.
14.9 Customer Collaboration: Some updates may require customer collaboration, especially those involving content edits or changes in design preferences. Timely responses from the customer during this process are crucial for effective implementation.
14.10 Ongoing Support: After implementing updates, we will continue to address and provide support for any issues that may arise due to the changes.
14.11 Legacy Systems: If the customer's website is built on an older system, updates may be limited by system compatibility. In such cases, we will collaborate with the customer to explore possible solutions.
Customer Approval and Revisions
15.1 Approval Process: The customer will be provided with mock-ups or prototypes for review during the design and development stages. Customers are required to provide written approval or feedback within a reasonable timeframe specified in the project schedule.
15.2 Number of Revisions: The agreed-upon contract will determine the allowed number of revisions during the design and development stages. Revisions exceeding the agreed-upon number may be subject to additional charges, and these charges will be communicated to the customer in advance.
Communication Channels
16.1 Primary Communication Channels: Primary communication channels include email and support tickets. Response times during regular business hours will be between 9:00-18:00 (GMT+3).
16.2 After-Hours Emergencies: For emergencies or issues outside of business hours, customers can contact us through the support ticket system. Reasonable efforts will be made to respond promptly to urgent matters.
Hosting and Maintenance
17.1 Hosting and Maintenance Services: If applicable, details regarding hosting and maintenance services, including responsibilities, fees, and conditions, will be specified in a separate hosting and maintenance agreement or within the project contract.
17.2 Downtime Notification: In the case of planned maintenance that may result in potential downtime, customers will be notified in advance, and efforts will be made to schedule such maintenance during low-traffic hours to minimize its impact.
17.3 ONEMORECRAFT is a web design company and does not have its own dedicated servers. It cannot be held responsible for any disruptions caused by the servers with which we collaborate."
Responsibility Regarding Third-Party Tools
18.1 Customer Responsibility: If our services involve integrating third-party tools or services, the customer is responsible for any fees related to the use or licensing of these tools. Any limitations or conditions set by third-party tools will be communicated to the customer.
Dispute Resolution
19.1 Dispute Resolution Steps: In the event of a dispute, both parties will engage in good-faith negotiations to amicably resolve the matter. If a resolution cannot be reached through negotiation, efforts will be made to seek resolution through mediation or arbitration before resorting to legal proceedings.
Force Majeure Clause
20.1 Exemption Conditions: Both parties may be exempt from fulfilling their obligations due to unforeseen circumstances beyond their control, including natural disasters, war, or other force majeure events.
Compensation
21.1 Customer Responsibility: The customer is responsible for the content they provide, and agrees to indemnify and hold ONEMORECRAFT harmless from any claims arising from the use of this content or damages resulting from cyber attacks.
Termination for Cause
22.1 Termination Conditions: Conditions under which either party may terminate the agreement, such as a significant breach of terms, will be clearly specified, including the processes involved in such termination.
Accessibility Compliance
23.1 Web Accessibility Commitment: Our efforts in this regard are ongoing. We do not currently have active services in this area.
Termination for Cause:
24.1 Termination Conditions: Either party may terminate this agreement for the following reasons:
Material Breach: In the event of a material breach of the terms specified in this agreement by either party.
Inability to Fulfill Obligations: In the event that either party is unable to fulfill its obligations, including but not limited to non-payment or non-compliance with project requirements.
Legal Violation: In the event that either party engages in activities that violate applicable laws or regulations.
Failure of Dispute Resolution: In the event that good-faith negotiations, mediation, or arbitration, as outlined for dispute resolution (Article 21), prove unsuccessful.
24.2 Termination Process: The terminating party must provide a written notice specifying the reasons for termination. The other party will have a specified period to address the issues outlined in the notice. If the issues are not resolved within the stipulated time frame, the termination will take effect.
Technology Updates
25.1 Technology Advancement Policy: We are committed to staying current with technological developments to provide customers with updated and innovative web design services. Our policy includes the following:
Monitoring industry trends and technological advancements regularly. Implementing necessary updates that impact the security, functionality, and optimal performance of our services.
26.1 Customer Responsibility: Customers may be required to make payments for updates necessary to keep their websites current. The nature and costs of updates will be communicated and approved before implementation.
Data Ownership
27.1 Processing and Ownership: Customer data is processed and stored securely in compliance with applicable data protection laws. In the event of the agreement's termination: Customers retain ownership of specific content they provide to us. We hold intellectual property rights related to web design services, excluding content provided by the customer. Customers may request their data in a mutually agreed format before the termination of the agreement.
Applicable Law for Non-U.S. Customers
28.1 Legal Jurisdiction and Venue: For non-U.S. customers, this agreement will be governed by the laws of the country of residence of ONEMORECRAFT. Any dispute arising from or related to this agreement will be subject to the exclusive jurisdiction of the courts in that country. The parties agree to engage in good-faith negotiations, mediation, or arbitration to resolve disputes before initiating legal proceedings, as outlined in the dispute resolution section (Article 21).
Cyber Security
29.1 Security Commitment: Both parties will fulfill the following commitments to ensure the security of customer data within the scope of collaboration.
a. Security Standards: The parties will take necessary steps to comply with established security standards. (They may enable secure account settings such as 2FA - Two-Factor Authentication.)
b. Breach Notification: In the event of a security breach, each party will promptly inform the other party in writing. This notification will include the type of breach, affected data types, and corrective measures taken.
c. Data Encryption: Customer data will be protected using industry-standard encryption methods during transmission and storage.
d. Cybersecurity Audits: Every six months, cybersecurity audits will be conducted by a third party mutually agreed upon by both parties.
e. Updates: Both parties will regularly update their systems and software.
f. Remediation of Weak Points: Any identified security vulnerability will be addressed within an agreed-upon timeframe and plan by the parties.
30.1 Legal Remedies:
a. Compensation in Case of Cybersecurity Breach: ONEMORECRAFT is a design and management firm. While it will make every effort to ensure the security of its clients, it cannot be held responsible for any damage that may arise due to the applications or plugins it uses to design websites. In the event of a security breach, the affected party does not have the right to claim direct compensation from the other party for data loss, reputation damage, or any other losses.
b. Right to Terminate: In the event of a security breach, the affected party has the right to terminate the contract if the breach is not remedied within a reasonable period given for correction.
Warning for Non-Compliant Parties
31.1 When the terms of this contract are violated, one party will immediately notify the other party of the breach through a written warning.
31.2 After the breach is reported, the party in violation has a responsibility to rectify the breach within 15 days from the date of notification.
31.3 If the violating party fails to rectify the breach within the specified reasonable period, the rights arising from this contract for the violating party may be suspended, or this contract may be terminated immediately.
31.4 The party violating this contract will be responsible for the direct damages suffered by the other party.
31.5 This provision will apply in the event of any violation, and legal remedies may be sought if the violating party fails to comply with these terms.
When you continue to use our services, you declare that you accept and approve the terms stated in this update policy. We reserve the right to change this update policy at any time, and any changes will take effect immediately upon being published on our website or notified through other reasonable means.