This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Website Design, Development and other Internet-related services provided by Kre8tive Digital LLC (the "Services"). As used in this Agreement, "Kre8tive Digital LLC" means Kre8tive Digital LLC and "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Kre8tive Digital LLC site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Kre8tive Digital LLC Site" refers to the Site located at the URL https://www.kre8tivedigital.com or any other successor Sites owned or maintained by Kre8tive Digital LLC.
The following terms and conditions apply to all website development / design services provided by Kre8tive Digital LLC to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Kre8tive Digital LLC are defined in the project estimate that the Client receives via e-mail. Estimates are valid for a period of 7 days. Kre8tive Digital LLC reserves the right to alter or decline to provide an estimate after expiry of the 7 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project estimate total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by credit, debit card, or ACH Transfer. PayPal, Apple Pay, or Google Pay is also accepted. No checks will be accepted at this time. Bank details will be made available on invoices.
Kre8tive Digital LLC will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Kre8tive Digital LLC otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Kre8tive Digital LLC will install and publicly post or supply the Client's website by the date specified in the project estimate, or at date agreed with Client upon Kre8tive Digital LLC receiving initial payment, unless a delay is specifically requested by the Client and agreed by Kre8tive Digital LLC.
In return, the Client agrees to delegate a single individual as a primary contact to aid Kre8tive Digital LLC with progressing the commission in a satisfactory and expedient manner.
During the project, Kre8tive Digital LLC will require the Client to provide website content; text, images, movies and sound files.
Failure to provide required website content:
Kre8tive Digital LLC is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.
If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.
Invoices will be provided by Kre8tive Digital LLC upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
Client agrees to reimburse Kre8tive Digital LLC for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Kre8tive Digital LLC makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Kre8tive Digital LLC cannot guarantee correct functionality with all browser software across different operating systems.
Kre8tive Digital LLC cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Kre8tive Digital LLC reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Kre8tive Digital LLC's Web space, Kre8tive Digital LLC’s will, at its discretion, remove all such material from its web space. Kre8tive Digital LLC is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will result in the Client's account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Kre8tive Digital LLC reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Kre8tive Digital LLC in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Kre8tive Digital LLC’s services may be used for lawful purposes only. You agree to indemnify and hold Kre8tive Digital LLC harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Kre8tive Digital LLC the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Kre8tive Digital LLC permission and rights for use of the same and agrees to indemnify and hold harmless Kre8tive Digital LLC from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Kre8tive Digital LLC that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (Email, Dropbox Link, or other Shared Drive link) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Kre8tive Digital LLC to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
A link to Kre8tive Digital LLC will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Kre8tive Digital LLC’s portfolio.
If the Client's website is to be installed on a third-party server, Kre8tive Digital LLC must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Kre8tive Digital LLC cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by United States Law.
Kre8tive Digital LLC hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of Kre8tive Digital LLC to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.