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Website Terms and Conditions

  • Acceptance of Terms:
    By accessing Flashmark.digital, users agree to these Terms and Conditions (T&C), governing the use of the site and services provided.
  • User Conduct:
    Users must comply with all laws and regulations. No misuse of the site or its content is allowed.
  • Intellectual Property:
    All content on Flashmark.digital is owned by the agency or its licensors. Content may not be used, copied, or distributed without permission.
  • Privacy Policy:
    User data is protected as outlined in our Privacy Policy. We commit to the security of personal information.
  • Limitation of Liability:
    Flashmark.digital is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the site.
  • Amendments:
    T&C can be updated without notice. Continued use of the site after changes constitutes acceptance of the new terms.
  • Governing Law:
    These T&C are governed by local laws. Disputes will be resolved in local jurisdiction courts.
  • Contact:
    For questions regarding T&C, contact legal@flashmark-digital.com

Contract Terms and Conditions

  • PARTIES
    ‍    AGENCY refers to Flashmark.digital, located in Westfield, Indiana, USA. CLIENT denotes the party signing this agreement and issuing a purchase order to AGENCY.
  • SCOPE AND ESTIMATES
    ‍    Estimates for Hyperfocus Projects are based on initial CLIENT briefs. Changes in project scope or material submissions may incur additional fees. Change orders will detail such adjustments.
  • CONTRACTUAL AGREEMENTS
    ‍    CLIENT orders cannot be canceled without compensating AGENCY for incurred losses and performed work.
  • CONCEPTUAL WORK
    ‍    Preliminary designs and concepts remain AGENCY property unless a separate agreement is made.
  • ALTERATIONS
    ‍    Changes to Hyperfocus Projects requested by CLIENT will incur additional charges based on AGENCY’s current rates.
  • PAYMENT TERMS
    ‍    A 50% deposit is required to start a project, with staged payments leading to final delivery. Cancellation results in a non-refundable deposit.
  • ADDITIONAL COSTS
    ‍    Out of pocket costs will be billed additionally, with prior CLIENT approval for significant expenses.
  • TAXATION
    ‍    Electronic delivery of final work is tax-exempt unless otherwise specified.
  • FINANCIAL COORDINATION
    ‍    CLIENT must provide AGENCY with a finance contact upon project initiation.
  • CANCELLATION POLICY
    ‍    Cancellation by CLIENT after work commencement entitles AGENCY to compensation for completed work.
  • LATE PAYMENTS
    ‍    Payments are due within 15 days of invoicing, with late payments incurring interest charges.
  • OWNERSHIP AND RIGHTS
    ‍    Final products are CLIENT property. Intermediate materials and unused concepts remain AGENCY property. AGENCY retains the right to showcase project elements for marketing.
  • STORAGE AND LIABILITY
    ‍    AGENCY will store project materials up to a year after the subscription has been terminated, with CLIENT responsible for their property.
  • AGENCY RESPONSIBILITY
    ‍    AGENCY is not liable for inaccuracies in CLIENT-supplied materials and recommends thorough proofreading.
  • INDEMNIFICATION
    ‍    CLIENT indemnifies AGENCY against legal issues arising from the project content.
  • FORCE MAJEURE
    ‍    AGENCY is not responsible for delays or losses due to uncontrollable circumstances.
  • COPYRIGHT AND POSSESSION
    ‍    AGENCY holds copyright and possession of created materials until full payment.
  • TERMINATION
    ‍    The agreement is effective upon signing and can be terminated with notice. Confidentiality and work product rights survive termination.