By accessing our website, contacting us, requesting a quotation, purchasing a service, or engaging EMARKZ LLC for a project, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.
EMARKZ LLC provides website development and digital development services, including:
Custom Website Development
E-Commerce Website Development
Responsive Web Design & Development
Web Application Development
Website Maintenance & Support
Search Engine Optimization
Related digital development services agreed upon with clients
Company: EMARKZ LLC
Address: 1209 Mountain Road PL NE STE R, Albuquerque, NM 87110, United States
Email: hi@emarkz.com
Website: emarkz.com
For these Terms:
“EMARKZ,” “we,” “us,” or “our” means EMARKZ LLC.
“Client,” “you,” or “your” means any individual, business, organization, or entity purchasing, requesting, or using our services.
“Website” means the EMARKZ website and any associated web pages, content, and online resources operated by us.
“Services” means website development, e-commerce development, responsive design and development, web application development, maintenance, SEO, and any other services agreed upon between EMARKZ and the Client.
“Project” means the specific development work agreed upon between EMARKZ and the Client.
“Deliverables” means the website, application, design, code, files, documentation, or other materials specifically included in the agreed project scope.
By using our website or purchasing our services, you confirm that:
You have read these Terms.
You understand these Terms.
You agree to comply with these Terms.
You have the authority to enter into an agreement if acting on behalf of a business or organization.
Information you provide to us is accurate to the best of your knowledge.
If you are purchasing services on behalf of a company or organization, you represent that you have authority to bind that organization to these Terms.
EMARKZ provides digital development services based on the scope agreed with each Client.
Services may include:
Creation of websites designed around a Client’s business objectives, branding, content, functionality, and requirements.
Development of online stores that may include product catalogs, shopping carts, checkout functionality, payment integrations, and other agreed features.
Development of websites designed to adapt across smartphones, tablets, laptops, desktops, and other supported screen sizes.
Development of interactive web-based applications designed around specific workflows, business requirements, user roles, data, and functionality.
Where purchased or agreed, maintenance services may include updates, technical adjustments, troubleshooting, content changes, and other defined support tasks.
Where included in a project, SEO services may involve website structure, content recommendations, technical improvements, and other agreed optimization activities.
The exact services provided will depend on the Client’s selected package, proposal, quotation, or written project agreement.
EMARKZ generally provides development packages on a one-time payment basis.
Unless specifically agreed otherwise in writing:
Our development packages are not subscription services.
A Client is not automatically enrolled in a recurring monthly subscription.
A completed project does not create an automatic recurring development charge.
Additional work outside the agreed scope may require a separate payment.
Third-party services may have their own recurring fees that are separate from EMARKZ’s development fee.
Examples of third-party costs may include hosting, domains, premium plugins, software licenses, payment processing, APIs, or external platforms.
Such third-party fees are not automatically included in our one-time development price unless expressly stated in the project agreement.
Any quotation, proposal, package description, or price provided by EMARKZ is based on the information available when the quotation is prepared.
A quotation may specify:
Project scope
Deliverables
Features
Number of pages
Development requirements
Estimated timeline
Price
Payment terms
Additional conditions
Unless otherwise stated, quotations are not guaranteed to remain available indefinitely.
A project becomes confirmed when the Client accepts the applicable proposal or quotation and satisfies any required payment or project-start conditions.
Each project will be developed according to the agreed scope.
The scope may define:
Number of pages
Design requirements
Functionality
Features
Integrations
Content requirements
Responsive behavior
Development technologies
Deliverables
Revisions
Other project-specific requirements
EMARKZ is not responsible for features, integrations, pages, or functionality that are not included in the agreed scope.
Clients may request functionality that is not included in a standard package.
Additional requirements may include:
Custom dashboards
Advanced integrations
Additional pages
Additional functionality
Complex animations
Specialized databases
Custom APIs
Advanced e-commerce features
Additional revisions
Third-party software integration
Such requirements may result in additional costs and may require a revised project scope.
EMARKZ will communicate applicable additional charges before proceeding where reasonably practicable.
The Client is responsible for providing information and materials reasonably necessary to complete the project.
This may include:
Business information
Logo files
Brand guidelines
Images
Product information
Website content
Contact information
Legal policies
Account access
Technical requirements
Feedback
Other project materials
The Client is responsible for ensuring that information supplied to EMARKZ is accurate, lawful, and authorized for use.
The Client retains responsibility for content supplied to EMARKZ.
This may include:
Text
Images
Videos
Logos
Product descriptions
Documents
Graphics
Audio
Brand assets
Customer testimonials
The Client represents that it has the necessary rights, permissions, licenses, or authority to provide these materials for use in the project.
EMARKZ is not responsible for copyright, trademark, privacy, publicity, or other legal claims arising from Client-provided content.
Some projects may use third-party materials or services.
These may include:
Fonts
Stock images
Plugins
Themes
APIs
Software libraries
Payment services
Hosting services
Analytics services
External platforms
Third-party materials may be subject to separate licenses, terms, limitations, and fees.
The Client agrees to comply with applicable third-party terms.
Project communication may occur through email or other communication channels agreed upon by the parties.
The Client is responsible for providing timely responses and project decisions.
Delays in communication, approvals, content, credentials, or feedback may affect project timelines.
EMARKZ is not responsible for delays caused by the Client’s failure to provide necessary information or decisions within a reasonable timeframe.
Any project timeline provided by EMARKZ is an estimate unless expressly agreed as a fixed contractual deadline.
Timelines may be affected by:
Client delays
Changes in scope
Delayed content
Delayed approvals
Third-party services
Technical issues
Hosting problems
Integration requirements
Unexpected development complexity
We will make reasonable efforts to complete projects within agreed or estimated timeframes.
Where revisions are included in the selected package, they apply only to the scope and number of revisions specified in the relevant proposal or package.
A revision generally means an adjustment to previously agreed work.
A revision does not automatically include:
A completely new design
A new website concept
Major functionality changes
Additional pages
New integrations
Substantial changes to project scope
Requests that materially change the project may be treated as additional work.
Clients may request changes during development.
Depending on the nature of the change, EMARKZ may:
Include the change within the existing scope;
Adjust the timeline;
Provide an additional quotation; or
Require a revised project agreement.
Material changes may affect both cost and delivery time.
The Client may be asked to review and approve designs, content, functionality, or other project elements.
Once the Client approves a major project component, subsequent changes may be considered additional work if they require substantial redevelopment.
Clients should carefully review materials before providing final approval.
Unless explicitly included in the project scope, the Client is responsible for providing final website content.
This may include:
Page text
Product descriptions
Pricing
Images
Policies
Contact information
Legal disclosures
EMARKZ may assist with content where such services are specifically included.
However, the Client remains responsible for verifying the accuracy and legality of final business information published on its website.
The Client is responsible for ensuring that its website complies with laws and regulations applicable to its business, customers, industry, and location.
This may include requirements relating to:
Privacy
Cookies
Consumer protection
Accessibility
Advertising
E-commerce
Taxes
Industry regulations
Intellectual property
Data protection
Terms and policies
EMARKZ may implement technical features requested by the Client but does not provide legal advice unless expressly agreed otherwise.
Clients should consult qualified legal professionals where legal compliance advice is required.
Payment terms will be communicated through the applicable quotation, proposal, invoice, or project agreement.
The Client agrees to pay the agreed amount according to the stated payment schedule.
Where a project requires payment before development begins, EMARKZ may delay project commencement until the required payment has been received.
Work outside the agreed project scope may require additional payment.
Examples include:
Additional pages
New functionality
Major redesigns
Additional integrations
Additional revisions
New applications
New product uploads beyond agreed limits
Complex troubleshooting caused by external systems
Significant changes requested after approval
EMARKZ will generally communicate additional costs before performing substantial additional work.
If a payment becomes overdue, EMARKZ may temporarily suspend relevant project work until the outstanding amount is resolved.
Suspension may affect the project timeline.
The Client remains responsible for agreed payment obligations unless otherwise agreed in writing.
EMARKZ may suspend development where:
Required payments are overdue;
The Client repeatedly fails to provide necessary information;
The project has been materially delayed by the Client;
Requested activities create legal or security concerns;
The Client requests unlawful or harmful functionality;
Continuing the project would create unreasonable technical or operational risks.
Work may resume when the relevant issue has been resolved.
Ownership of project deliverables will depend on the terms agreed for the specific project.
Unless otherwise stated in writing:
The Client may receive rights to use final deliverables after full payment.
EMARKZ retains ownership of its pre-existing tools, systems, reusable components, development methods, frameworks, libraries, templates, and know-how.
Third-party materials remain subject to their applicable licenses.
Source code ownership, licensing, and transfer terms may be specified separately for custom projects.
Full payment may be required before final ownership or usage rights are transferred where applicable.
The Client retains ownership of intellectual property it provides to EMARKZ, including:
Logos
Brand assets
Original content
Business materials
Client-owned images
Client-owned trademarks
Other materials owned by the Client
The Client grants EMARKZ permission to use these materials only as reasonably necessary to perform the agreed services.
EMARKZ retains rights to its pre-existing intellectual property, including where applicable:
Development methods
Reusable code
Internal tools
Frameworks
Templates
General techniques
Non-client-specific components
Internal processes
Know-how
Project delivery does not automatically transfer ownership of EMARKZ’s pre-existing intellectual property.
Unless the Client expressly requests otherwise in writing, EMARKZ may identify completed projects in its portfolio or promotional materials.
This may include:
Project screenshots
Website links
General descriptions
Business name
Non-confidential project information
We will avoid publicly disclosing confidential information that the Client has specifically identified as confidential.
If you do not want your project used for portfolio purposes, please contact us with your request.
If hosting is not specifically included in the project scope, the Client is responsible for obtaining and maintaining suitable hosting.
EMARKZ is not responsible for outages, limitations, suspension, or failures caused by third-party hosting providers.
Domain registration and renewal may be handled by the Client or a third-party domain provider.
Unless expressly included, EMARKZ is not responsible for domain renewal fees, registration disputes, domain expiration, or ownership issues.
Clients should maintain accurate domain registration information and renewal settings.
Websites may depend on third-party platforms and services.
Examples include:
Hosting providers
Payment processors
Content management systems
Email platforms
APIs
Analytics services
Plugins
Software providers
EMARKZ does not control third-party services and cannot guarantee their continued availability, pricing, functionality, or compatibility.
Changes made by third-party providers may require additional development work.
EMARKZ takes reasonable technical measures during development, but no website can be guaranteed to be completely secure.
The Client understands that security risks can arise from:
Hosting environments
Third-party software
Plugins
Passwords
Server configurations
External integrations
User behavior
Newly discovered vulnerabilities
Clients are responsible for maintaining appropriate security practices after project delivery unless ongoing security maintenance is expressly included in a separate agreement.
For web applications, security requirements depend on the application’s purpose, data, users, integrations, and technical architecture.
Where appropriate, development may include reasonable security considerations such as:
Authentication
Access controls
Input validation
Secure communication
Session management
Permission controls
No development service can guarantee complete protection against every possible security threat.
For e-commerce projects, EMARKZ may develop functionality such as:
Product catalogs
Shopping carts
Checkout
Payment integration
Order functionality
Customer accounts
The Client remains responsible for:
Product legality
Product claims
Pricing
Taxes
Shipping
Returns
Refund policies
Consumer disclosures
Regulatory compliance
Payment processing is generally handled by third-party payment providers.
Where SEO services are included, EMARKZ may perform agreed optimization work.
However, EMARKZ does not guarantee:
Specific search rankings
Specific traffic levels
Specific leads
Specific sales
Guaranteed indexing
Guaranteed algorithm outcomes
Search engine algorithms and policies can change without notice.
SEO results can also depend on factors outside our control.
Maintenance services are provided only when specifically purchased or agreed.
Maintenance may include:
Updates
Minor fixes
Content changes
Technical adjustments
Troubleshooting
Performance improvements
The exact scope depends on the relevant package or agreement.
Major redesigns, new functionality, or substantial development work may require a separate quotation.
We aim to provide reliable services, but we do not guarantee that our website or communication channels will always be available without interruption.
Temporary interruptions may occur because of:
Maintenance
Technical problems
Hosting issues
Security incidents
Internet failures
Third-party service outages
Circumstances beyond our reasonable control
You agree not to use our website or services to:
Violate applicable laws
Infringe intellectual property rights
Distribute malware
Conduct fraud
Conduct phishing
Facilitate illegal activities
Abuse our systems
Attempt unauthorized access
Interfere with website operations
Misrepresent your identity
Request unlawful functionality
Use our services to harm others
We reserve the right to refuse or terminate work that creates legal, ethical, security, or operational concerns.
To the extent permitted by applicable law, the Client agrees to defend, indemnify, and hold harmless EMARKZ LLC and its personnel from claims, losses, liabilities, damages, costs, or expenses arising from:
Client-provided content
Client’s unlawful use of a website
Client’s violation of third-party rights
Client’s breach of these Terms
Client’s violation of applicable laws
Products or services sold by the Client
Client’s misuse of a developed website or application
This provision does not apply to the extent a claim is caused by EMARKZ’s own unlawful conduct or obligations that cannot legally be excluded.
To the maximum extent permitted by applicable law, EMARKZ LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of our website or services.
This may include losses relating to:
Lost profits
Lost revenue
Lost business opportunities
Lost data
Business interruption
Reputation
Third-party service failures
To the extent permitted by applicable law, EMARKZ’s aggregate liability arising from a specific project or service will not exceed the amount actually paid to EMARKZ for that specific service giving rise to the claim.
Nothing in these Terms excludes liability that cannot legally be excluded or limited under applicable law.
Website development can provide a digital foundation for business activity, but EMARKZ does not guarantee specific commercial results.
We do not guarantee:
Increased revenue
Increased sales
Specific conversion rates
Specific search rankings
Specific traffic
Specific number of customers
Specific return on investment
Business results depend on many factors beyond website development.
EMARKZ will not be responsible for delays or failures caused by circumstances beyond our reasonable control.
These may include:
Natural disasters
Internet outages
Major technical failures
Cybersecurity incidents
Government actions
War
Civil unrest
Labor disruptions
Third-party service failures
Widespread infrastructure failures
Other extraordinary circumstances
Where reasonably possible, we will communicate material delays caused by such circumstances.
A Client may request termination of a project by contacting EMARKZ.
Termination terms may depend on:
Work already completed
Payments already made
Project stage
Third-party commitments
Contractual obligations
The applicable refund policy
Termination does not automatically entitle the Client to a full refund.
We may terminate or suspend a project if:
The Client materially breaches these Terms;
Payments remain unpaid;
The Client requests unlawful activities;
The Client engages in abusive or threatening conduct;
The project creates significant security concerns;
The Client repeatedly prevents reasonable progress;
Continuing the project would violate applicable law.
Where appropriate, we may provide notice and an opportunity to resolve the issue.
Upon termination:
Outstanding payment obligations may remain due.
Access to unfinished work may be limited.
Third-party costs may remain payable.
Ownership rights may depend on payment status and the project agreement.
Confidentiality obligations may continue.
Provisions intended to survive termination will remain effective.
Refund eligibility is governed by our applicable refund policy and the specific project agreement.
Because website development involves time, planning, design, development, and potentially third-party costs, payments may not always be refundable once work has begun.
Clients should review the applicable refund terms before purchasing a package.
Both parties may receive confidential business or technical information during a project.
Each party agrees to use reasonable care to protect confidential information and not disclose it unnecessarily to unauthorized parties.
Confidentiality obligations do not generally apply to information that:
Is publicly available;
Was already lawfully known;
Becomes public without a breach;
Is independently developed;
Must be disclosed by law.
If you provide suggestions, ideas, or feedback regarding our services, we may use such feedback to improve our services without creating an obligation to compensate you, unless otherwise agreed in writing.
We make reasonable efforts to maintain accurate information on our website.
However, website content may contain errors, omissions, outdated information, or typographical mistakes.
We reserve the right to correct or update website content without prior notice.
Our website may contain links to third-party websites.
Such links are provided for convenience and do not necessarily constitute an endorsement.
EMARKZ is not responsible for third-party websites, their content, availability, security, or privacy practices.
We may update these Terms from time to time.
Changes may be made to reflect:
New services
Changes in business operations
Legal requirements
Technology changes
Updated policies
Changes in project practices
The updated version will include a revised “Last Updated” date.
Your continued use of our website or services after changes become effective may constitute acceptance of the updated Terms to the extent permitted by law.
These Terms will be governed by applicable laws of the State of New Mexico and applicable federal laws of the United States, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Any dispute will be handled in a court or other forum having appropriate jurisdiction, subject to any mandatory rights or protections available under applicable law.
If a dispute arises between you and EMARKZ, we encourage both parties to first attempt to resolve the matter through good-faith communication.
You may contact us at:
Where appropriate, the parties may discuss an informal resolution before pursuing formal legal proceedings.
Nothing in this section limits any mandatory legal rights available to either party.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
The invalid provision will be interpreted or modified to the minimum extent necessary to make it enforceable where legally permitted.
A failure by EMARKZ to enforce any provision of these Terms does not constitute a permanent waiver of that provision or any other provision.
We may enforce our rights at a later time.
These Terms, together with any applicable proposal, quotation, project agreement, invoice, refund policy, privacy policy, or other written agreement expressly incorporated into the project, form the agreement governing the applicable services.
If there is a conflict between these Terms and a project-specific written agreement, the project-specific agreement will control to the extent of the conflict.
The Client may not transfer its rights or obligations under these Terms without our prior written consent, except where permitted by applicable law.
EMARKZ may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or similar business transaction.
You agree that EMARKZ may communicate with you electronically regarding:
Project updates
Quotes
Invoices
Service information
Support requests
Agreements
Administrative notices
Electronic communications may satisfy written communication requirements where permitted by applicable law.
If you have questions about these Terms and Conditions, our services, project requirements, or your agreement with EMARKZ, please contact us.
EMARKZ LLC
Email: hi@emarkz.com
Address:
1209 Mountain Road PL NE STE R
Albuquerque, NM 87110
United States
Website: emarkz.com
By using emarkz.com, requesting our services, accepting a quotation, purchasing a package, or entering into a project with EMARKZ LLC, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
Our goal is to provide professional website and web application development through clear project scopes, transparent one-time payment packages, practical communication, and purposeful digital solutions.
EMARKZ LLC — Professional Digital Development Built Around Your Business.
Building Professional Websites And Digital Solutions That Help Businesses Grow, Connect, Perform, And Succeed Online.
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