Terms and Conditions
Last updated 3/3/2023
General
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide Us with everything that We need to complete the project including text, images and other information as and when We need it, and in the format that We ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner, too.
We have the experience and ability to perform the services you need from us and We will carry them out in a professional and timely manner. Along the way We will endeavor to meet all the deadlines set, but We can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.
Payments will continue after the contract period automatically for any ongoing services (such as website maintenance) or third-party licenses or fees until the client decides to terminate said services with 30 days written notice.
Canceling Service
Either party may cancel service at any time with 30 days written notice. All unpaid invoices must be paid prior to termination. If you request termination, then any deliverables being paid on amortized terms will become due in full upon request for termination.
Refund Policy
Work that has been substantially completed by Us, or which has been approved by You via verbal or written communication, is non-refundable.
Each payment made by You indicates satisfaction with and approval of all work done prior to that payment, and therefore that work is non-refundable.
A payment made in advance of work provided may be refundable at Our sole discretion.
Third Parties
All third-party products and services (stock photography, printing, advertising, embroidery, videography, etc), including fees and expenses related to travel completed at Your request or on Your behalf, constitute costs above and beyond Our agency services fee.
You can request direct billing from third-party providers, or We can pass through those costs at net (plus a 5% convenience fee) as additional items on monthly invoices. All third-party fees will be approved by You prior to their being incurred.
Reimbursement invoices are due upon receipt. If a reimbursement is not paid within 30 days, a 25% penalty will be added. If reimbursements are not paid within 90 days, the debt will be sold to a collection agency.
Payments
Unless prior arrangements have been made, invoices will be sent by Us at the beginning of each month and will be due upon receipt. Invoices are payable by bank account transfer, credit card, or debit card.
Licensing
You grant an unlimited, irrevocable, nonexclusive license to Us to use creative products — designs, layouts, screen shots, and etc (including unapproved drafts or rejected concepts) — in any and all mediums for promotional marketing and sales purposes.
Technology
Your website will be built using the current version of WordPress. A template may be used to streamline workflows and enhance the appearance of the website.
A variety of Plug-Ins will be used to provide specific functionality and to provide long-term security and backups of the website. The site will feature a non-standard hidden WordPress login page.
Testing
We will test the website in current versions of major browsers including those made by Apple, Microsoft, Google, and Mozilla. We will not test these templates in old or abandoned browsers. We will also test the website for responsive design on tablets and cell phones using responsive testing tools. It is impossible to test on all cell phone or browser combinations.
We do not test for compatibility with technologies older than three years.
Revisions
All creative deliverables are subject to three rounds of revision. If additional revisions are required, We agree to provide this work at 50% of Our normal hourly rate, which is $225 per hour.
Troubleshooting & Debugging
For the duration of this agreement, We will remain available, at no additional fee to repair any bugs or malfunctioning programming. This will not include major site revisions or design changes, nor will it include fixes due to technology updates to WordPress or third-party plugins.
Our Warranty
We warrant to You that all the Deliverables, unless expressly specified, We provide to You do not, to the best of Our knowledge, infringe on any third party copyright, or intellectual property rights.
Your Warranty
You warrant to Us that any material You provide Us is not protected by a third party copyright or any third party intellectual property rights, and that We can use such material lawfully.
Your Indemnification
In the event litigation from a third party results from Our breach of Our warranty, we agree to indemnify and hold You harmless for any costs, damages, or liabilities associated with such breach of Our warranty. We also agree to indemnify You from third party claims resulting from Our gross negligence.
Our Indeminification
If a third party pursues litigation as a result of Your breach of Your warranty, You agree to indemnify and hold Our harmless for any costs, damages, or liabilities associated with such breach of Your warranty. You also agree to indemnify Us from third party claims resulting from Your gross negligence.
Limitation of Liability
You agree that, in no event, shall The Creative Offices, Jonathan D. Spiliotopoulos, Yuliya S. Spiliotopoulos, including any of our contractors or employees, be liable for an amount greater than the portion of any fees You have paid. In no event shall We be held liable for consequential, incidental, or punitive damages.
Force Majeure
Neither You nor We will be considered to be in default under this agreement for delays in performance caused by events beyond our reasonable control.
Acknowledgement of Confidentiality
We recognize that You will be giving Us access to certain confidential information and We understand the need to keep that information confidential. We may also be giving You confidential information that You are also agreeing to keep confidential. We agree to designate to each other any information that we want to remain confidential.
Information will not be considered confidential if it becomes public knowledge, or is received by a third party, without either of us breaking our confidentiality obligations, or if the receiving party can show they already knew the information before disclosure by the other party.
Neither You nor We will disclose any confidential information without prior approval from the other party.
Relationship
This Agreement does not create an employee-employer or joint venture relationship. Our relationship to You is that of an independent contractor.
As a result, both parties are solely responsible for all of our own employees, including the payment of compensation, worker’s compensation insurance, withholding taxes, and other required payments.
Merger
This Agreement states the full agreement between the parties and supersedes all prior negotiations and agreements.
Amendments
No amendment or modification of this Agreement is binding unless in writing and signed by both parties. An email specifically approving a Change Order will be considered a binding agreement.
Attorney Fees
You agree to pay any attorney fees required if We are forced to sue for any payment.
Severability
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force.
Counterparts
This Agreement may be executed in one or more counterparts, including by facsimile or electronic signature, each of which is an original, and all of which constitute only one agreement between the parties.
Choice of Law
This Agreement is to be governed and construed in accordance with the laws of Texas, without regard to its conflict of law principles.
