These terms govern your use of sparkdms.com and the services you buy from us. You pay for the package or proposal you choose, we deliver the work described in it, and once you have paid in full, the final work we create for you is yours. Subscriptions renew automatically until you cancel, and you can cancel at any time. Please read the full terms below, because they form a binding agreement between you and us.
These Terms of Service ("Terms") are an agreement between you and Spark Digital Marketing Solutions LLC, a company with its address at 1267 Willis St, Suite 200, Redding, CA 96001, United States ("Spark", "we", "us" or "our"). They apply when you use sparkdms.com, our Support Center, or any service you buy from us.
By using our website, creating an account or placing an order, you agree to these Terms, our Privacy Policy, our Refund & Cancellation Policy and our Satisfaction Guarantee. If you are accepting on behalf of a business, you confirm that you have authority to bind that business, and "you" includes that business. You must be at least 18 years old to buy our services.
We provide website development, eCommerce solutions, branding and identity design, Website Care and Support plans, mobile app development, the Startup Foundation program, and related digital marketing services. The features, deliverables, timelines and price of each service are described on its pricing page or in a written proposal. That description, together with these Terms, makes up the agreement for your order.
Free consultations are provided for information only and do not create an obligation for either of us until an order is placed.
You may need an account to place an order. Please keep your login details secure and give us accurate, up-to-date information. You are responsible for activity under your account. Tell us promptly if you believe your account has been accessed without permission.
Website Care and Support plans and any other service described as monthly or yearly are subscriptions. By purchasing a subscription, you authorize us and our payment partner to charge your payment method automatically at the start of each billing period, at the price shown at checkout, until you cancel.
Delivery times shown on our pricing pages, such as "up to 14 days", begin when we have received your payment and all the content, information and access we need to start. Timelines pause while we are waiting for your feedback, approvals or materials. Where we give a guaranteed launch date as part of a promotion, the guarantee applies only if you provide everything we request by the deadlines we give you.
If we cannot meet a delivery time because of our own delay, we will tell you as soon as possible and agree a new date with you.
Revisions are included as described in your package and our Satisfaction Guarantee. Packages marked "Unlimited revisions" include unlimited revision rounds on the deliverables in that package until you approve them. Requests that change the agreed scope, such as new features, extra pages or a new concept after approval, are new work, and we will quote them before we start.
A deliverable is treated as approved when you approve it in writing, when the website goes live at your request, or when you have not given feedback for 14 days after delivery and we have reminded you at least once.
We use recognized best practices for marketing, search engine optimization (SEO), answer engine optimization (AEO) and advertising. However, rankings, traffic, leads and sales depend on search engines, ad platforms, competitors and other factors outside our control, so we do not guarantee specific results. Advertising spend is paid to the platforms and is not part of our fees unless stated. You are responsible for complying with each platform's policies for your ads and business.
Our work may rely on third-party products such as hosting providers, domain registrars, content management systems, themes, plugins, apps, payment gateways, app stores and AI tools. These are governed by their own terms. We are not responsible for their availability, pricing changes, security or performance, but we will help you resolve issues within the scope of your service.
Each of us will keep the other's non-public business information confidential and use it only for our work together. This does not apply to information that is already public, that was received lawfully from someone else, or that must be disclosed by law. We will treat any website or account access you give us as confidential and use it only to provide our services.
Refund eligibility, refund windows and how to cancel are explained in our Refund & Cancellation Policy, which forms part of these Terms.
You agree not to use our website or services to:
We may refuse or stop work that we reasonably believe breaks these rules.
We will perform our services with reasonable skill and care, in line with generally accepted industry standards. Except as stated in these Terms and to the extent permitted by law, our website and services are provided "as is" and "as available", and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Information on our website and blog is for general information only and is not professional advice.
To the maximum extent permitted by law, Spark will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business opportunity, arising from or related to our website or services. Our total liability for any claim relating to a service will not exceed the amount you paid us for that service in the 12 months before the claim arose.
Some jurisdictions do not allow certain limitations of liability, so some of these limits may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud.
You agree to defend and indemnify Spark and its team against claims, losses and reasonable legal costs arising from materials you provide to us, your breach of these Terms, or your use of the deliverables in breach of any law or third-party rights.
Either of us may end a project or subscription if the other seriously breaches these Terms and does not fix the breach within 14 days of written notice. We may suspend services if payments are overdue or if continuing would break the law or our acceptable use rules. When a project ends, you pay for work completed up to that point, and we hand over completed deliverables once payment is made. Sections that by their nature should continue, such as intellectual property, confidentiality, liability and governing law, continue after termination.
These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law rules. If a dispute arises, please contact us first so we can try to resolve it informally. If we cannot resolve it within 30 days, either of us may bring a claim in the state or federal courts located in Shasta County, California, and both of us agree to their jurisdiction. Either of us may bring an eligible claim in small claims court. If you are a consumer, you also keep any right to bring a claim in the courts where you live, where the law gives you that right.
We may update these Terms from time to time. The updated version applies from the "Last updated" date shown above. For active subscriptions or projects, we will notify you of material changes by email at least 30 days in advance, and the changes will not apply retroactively to orders already placed.
Related policies: Privacy Policy · Refund & Cancellation Policy · Satisfaction Guarantee
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