Terms and Conditions

Last updated May 8, 2024

Introduction

Welcome to Spark Digital Inc! These terms and conditions outline the rules and regulations for the use of our website and services. By accessing this website and purchasing our services or products, we assume you accept these terms and conditions in full. Do not continue to use Spark Digital Inc's website if you do not accept all of the terms and conditions stated on this page.

Definitions

Company: Refers to Spark Digital Inc, including all its subsidiaries and affiliates. Website: Refers to the online platform operated by Spark Digital Inc, through which our services and products are offered. Services: Refers to any product or service provided by Spark Digital Inc, including but not limited to website development, CRM solutions, and system buildouts. Client: Refers to any individual or entity that engages with Spark Digital Inc for the purpose of purchasing or using our services. User: Refers to anyone accessing the Spark Digital Inc website, whether or not they have engaged in a transaction with us. Agreement: Refers to these terms and conditions, along with any policies or guidelines incorporated by reference herein.

Use of Website

Eligibility

By using our website, you confirm that you are at least 18 years of age or are accessing the site under the supervision of a parent or guardian. Spark Digital Inc grants you a limited, revocable, non-transferable, and non-exclusive license to access and use our website in accordance with these terms and conditions.

Acceptable Use

Users agree not to engage in any activity that disrupts or interferes with the operation of the website, or that compromises its security. You may not use the website for any illegal or unauthorized purpose. Unauthorized uses include, but are not limited to:

Copying or distributing any part of the website without explicit permission from Spark Digital Inc. Using the website for any fraudulent or malicious activities. Attempting to interfere with the security features of the website. Engaging in any form of automated data collection, including scraping, data mining, or similar methods.

Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Spark Digital Inc or its content suppliers and is protected by international copyright and trademark laws. Unauthorized use of this content may violate these laws and is strictly prohibited.

You may not modify, reproduce, distribute, or create derivative works based on the content of this website without the express written permission of Spark Digital Inc. Any unauthorized use of the content or trademarks found on this site may result in legal action.

Services and Products

Service Descriptions

Spark Digital Inc strives to provide accurate descriptions of all services and products offered on our website. However, we do not warrant that the descriptions are complete, accurate, reliable, current, or error-free. In the event that a service or product is listed at an incorrect price or with incorrect information due to typographical error, we reserve the right to refuse or cancel any orders placed for that service or product.

Pricing

All prices listed on the website are in US dollars unless otherwise stated. Prices are subject to change without notice. Spark Digital Inc reserves the right to modify or discontinue any product or service at any time. In the event of a price change after an order has been placed, Spark Digital Inc will notify the client prior to processing the order.

Payment Terms

All payments must be made in full at the time of purchase unless otherwise agreed upon in writing by both parties. Spark Digital Inc accepts various forms of payment, including credit cards, debit cards, and electronic transfers. By providing payment information, you represent and warrant that you are authorized to use the payment method and that you authorize us to charge your payment method for the total amount of your purchase, including any applicable taxes and fees.

Delivery of Services

Spark Digital Inc will make reasonable efforts to deliver services and products in a timely manner. However, we are not responsible for delays caused by circumstances beyond our control, including but not limited to, natural disasters, acts of war, or interruptions in internet service. Any delivery dates provided are estimates only and are not guaranteed.

Refunds and Cancellations

Due to the nature of our services, Spark Digital Inc generally does not offer refunds once a service has been provided or a product has been delivered. However, we understand that issues may arise, and we are committed to working with our clients to resolve any problems. If you believe that you are entitled to a refund, please contact our customer service team within 14 days of receiving the service or product. Refunds will be issued at our sole discretion and may be subject to a processing fee.

Cancellations must be made in writing and may be subject to a cancellation fee. The amount of the fee will depend on the time and resources invested in your project prior to cancellation. Please refer to your specific service agreement for more details.

User Accounts

Account Creation

To access certain features of our website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update this information as needed. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

Account Termination

Spark Digital Inc reserves the right to terminate or suspend your account at any time, without notice, for conduct that we believe violates these terms and conditions, or for any other reason that we deem appropriate. Upon termination of your account, you must immediately cease all use of the website and our services.

Limitation of Liability

To the maximum extent permitted by law, Spark Digital Inc shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the website, our services, or products, even if Spark Digital Inc has been advised of the possibility of such damages. This limitation applies to all causes of action, including breach of contract, tort, negligence, and strict liability.

If you are dissatisfied with the website or any of our services or products, your sole remedy is to discontinue use of the website and our services.

Indemnification

You agree to indemnify, defend, and hold harmless Spark Digital Inc, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorney's fees, arising out of or in any way connected with your use of the website, your violation of these terms and conditions, or your infringement of any intellectual property or other rights of any person or entity.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Texas, in which Spark Digital Inc is headquartered, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in that state for the resolution of any disputes arising out of or relating to these terms and conditions or your use of the website.

Modifications to Terms and Conditions

Spark Digital Inc reserves the right to modify these terms and conditions at any time, without prior notice. Changes will be effective immediately upon posting to the website. Your continued use of the website and our services following the posting of changes constitutes your acceptance of those changes.

We encourage you to review these terms and conditions periodically to stay informed of any updates. If you do not agree with any changes, you must immediately cease using the website and our services.

Miscellaneous

Severability

If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these terms and conditions shall remain in full force and effect.

Entire Agreement

These terms and conditions, along with any policies or guidelines referenced herein, constitute the entire agreement between you and Spark Digital Inc with respect to the subject matter hereof and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Spark Digital Inc.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Spark Digital Inc's failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

Force Majeure

Spark Digital Inc shall not be liable for any delay or failure to perform its obligations under these terms and conditions if such delay or failure results from circumstances beyond its reasonable control, including but not limited to, acts of God, acts of government, natural disasters, war, civil unrest, labor strikes, and interruptions in internet service.

Contact Information

If you have any questions or concerns about these terms and conditions, please contact us at:

Spark Digital Inc

[email protected]

214-228-0773

712 Morningside Trail, Murphy TX 75094

Thank you for choosing Spark Digital Inc. We appreciate your business and look forward to serving your digital needs!