Terms and Conditions

By selecting the “I Accept” button as part of the ordering process you agree to the terms and conditions of our website development process. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.

  1. Definitions
    1. In these Terms and Conditions "we", "our", "us", and "CREATE" refers to "createwebworks.com".
    2. "You", "Client" means any person, company, partnership, organization or body for which we will develop the website.
    3. "Agreement" mean this terms and conditions
    4. "Substantial Compliance" mean that your website has been constructed according to the original specifications as described in the web package selected by you.
  2. Create website use
  3. You agree that you shall not use our Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use our website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of our Website or attempt to gain access to secured areas or sensitive information.

  4. Client Content

    The Client is responsible for creating content for incorporation in the Web Site, including but not limited to, copy, lists, libraries, databases, software files, including but not limited to HTML, graphic files, images, photographs, illustrations, graphics, audio clips, video clips or text. Client shall input/upload the content as required by the content management process and system provided by Create. You warrant that you hold all intellectual property rights over all content you upload for your site’s creation and hold us free from any liability for any copyright, patent, trademark, intellectual property or publishing right disputes, infringements arising out of or concerning materials you submitted to us for inclusion on the web site. Create will initiate work on your web site only after all required content have been completely submitted or you otherwise signify that content submitted is complete. Once we receive complete content and your consent that content submission is complete, construction of your website will commence and all content received will be considered complete and final. Any changes you require after this point will be done by you directly through the hosted content management system of Adobe Business Catalyst, or by us, through additional work request, which will be assessed and charged separately, on a per request basis.

  5. Charges and Payment of Fees

    Charges for services to be provided by Create are defined in the package(s) you selected. All accounts are run on a pre-pay basis. Create uses Paypal and charged through Techgrowth Global, Ltd. All payments are in US Dollars. Create will have no obligation to perform any work until the initial payment is received and such funds are cleared from the relevant financial institution Cancellation and refunds will not be entertained once we have initiated work on your website or in any case after twenty-fours (24) hours of processing payment. If taxes are imposed on the project, the client will pay all such taxes. Any refund that is processed will have deducted from the total, any and all charges levied by banks and merchant processors, as well as USD 25 assessed by Techgrowth Global, Ltd. Create’s services are "AS-IS, WHERE-IS, WITH ALL FAULTS" and no refunds shall be provided for Create's services hereunder.

  6. Point Of Contact/Comminications

    All communications intended for you will be sent to the email address provided during the registration process. You will be required to white list or tag as ‘not spam’, our email address support@createwebworks.com from which all communications from us will originate. We provide no warranties that other parties will be able to ‘spoof’ or otherwise copy our domain and/or email address and send you inappropriate and/or non-genuine communications from us.

  7. Client Responsibilities and Requirements

    All Create web packages will require you to get hosting from Adobe Business Catalyst. All web packages will require you to acquire your own domain. And all web packages will require intermediation on your part to point your domain to the delivered web site.

  8. Going Live

    After all content has been uploaded and signified as complete, Create will endeavor to have your web site completed and live within three (3) business days excluding weekends, provided that all other client responsibilities and requirements with respect to hosting, domain and intermediation are met. In certain circumstances this can take longer.

  9. Revisions

    If you wish to revise your web site, you may do this directly through the hosted content management system of Adobe Business Catalyst, or by us, through additional work request, which will be assessed and charged separately, on a per request basis.

  10. Intellectual Property to Webpages

    Intellectual Property to the finished assembled work of webpages produced by Create is owned by Create and cannot be reproduced or used without written consent and final payment by client. Upon final payment of this Agreement, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Create and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

  11. Indemnity

    Client agrees to indemnify and hold harmless Create, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Create or in connection with any breach of any of the terms of this Agreement.

  12. Warranty

    CREATE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEB PAGES OR THE WEB SITE WILL MEET THE CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE WEB PAGES WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE

  13. DISCLAIMERS

    The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
    The information contained with the Website is provided on an "as is" basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
    We do not guarantee uninterrupted availability of the Create websites and cannot provide any representation that using the Website will be error free.

  14. SEVERANCE

    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

  15. GOVERNING LAW AND JURISDICTION

    This Agreement will be governed by the laws of Hong Kong, and any user of the Website hereby agrees to be bound exclusively by the jurisdiction Hong Kong courts without reference to rules governing choice of laws.

  16. PERSONAL DETAILS

    Whilst your e-mail is primarily used for billing purposes, Create reserve the right to e-mail you information regarding enhancements to our services. You can unsubscribe from marketing communications on any e-mail communication.
    We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Create may use for purposes of delivering specific services to you. (e.g. client support)

  17. PAYMENT OPTIONS

    Create uses Paypal. You can use a balance with Paypal or Credit & Debit Cards, OR a bank account subject to Paypal's terms and conditions

  18. CANCELATIONS & REFUNDS

    Create reserves the right to cancel the service at any time. In this event clients will be entitled to a pro-rata refund based on the remaining period of membership. If a client contravenes Create terms and conditions no refund will be issued in the event of a cancellation. Clients may cancel their account at any time by giving written notice 30 days prior to termination to Create.