Terms & Conditions
The following Terms and Conditions ofc Service apply to all products and services provided by Cre8tive Dezine and in the event of any dispute are governed by the laws of Illinois.
All work is carried out by Cre8tive Dezine with the understanding that once we are retained for services the client has agreed to our terms and conditions. Clients who enter into agreement with and retain our services will be bound by the terms of their signed contract and the terms of service herein.
Copyright is retained by Cre8tive Dezine on all original design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of concept designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Cre8tive Dezine, unless specifically agreed in writing.
Communication
All communication and updates regarding client projects is done via email, the HoneyBook CRM platform, or the design editor. All clients receive access to the platform portal and are required to conduct project related business via the platform.
Project Acceptance
For graphic Design projects; At the time of proposal, Cre8tive Dezine will provide the customer with a written estimate or proposal via email or assigned client portal.
A digital or hardcopy of proposal is to be signed and dated by the customer to indicate acceptance and should be returned to Cre8tive Dezine.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, these Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
With the exception of Etsy onboarded projects; charges for design services will be outlined in the proposal or quotation that is provided to the customer prior to project start. At the time of the customer’s signed acceptance of this proposal and contract, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless otherwise stated by Cr8tive Dezine, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Source Files
We will supply proofs and all files as appropriate for printing and display or other graphic files as detailed in the job scope or request.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with an Approval Form and final Invoice prior to final release of project files or materials. At this time the remainder of the amount due will become payable. Publication and/or release of work done by Cre8tive Dezine on behalf of the client, may not take place before cleared funds have been received.
Accounts which remain outstanding for 30 days after the date of any outstanding invoice, will incur a late payment interest charge at the rate of plus 3.25% per day in addition to the outstanding amount from the date due until the date of payment.
All Payments will be made electronically. Acceptable forms of payment are credit card (Visa, Mastercard) or Debit Card. Checks and Money Orders are not accepted.
Etsy Onboarded Projects
Initial Payment for projects onboarded via the Etsy Platform are handled via the Etsy platform Any charges for additional services performed related to the project will handled via Stripe payment processing unless otherwise stated and arranged by Cre8tive Dezine.
Subscriptions:
All Sites
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following returned payments. Cre8tive Dezine shall be entitled to remove their own and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Returned payments for NSF funds for monthly service charges will incur a $25.00 Return payment fee.
Failure to pay required monthly fees for any service after a 30 day period will lead to service deactivation and access restriction.
Removal of such access to services does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Cre8tive Dezine ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Cre8tive Dezine for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Cre8tive Dezine on behalf of the customer, will remain the property of Cre8tive Dezine unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
Customer acknowledges that we may at any time use designs created for the sole purpose of advertising and promoting our services.
The customer may request in writing from Cre8tive Dezine, the necessary permission to use materials (for which Cre8tive Dezine holds the copyright) in forms other than for which it was originally supplied, and we may, at our discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Should Cre8tive Dezine, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow us to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Cr8tive Dezine free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Design Credits
The customer agrees to allow Cre8tive Dezine to place a small credit on printed material, exhibition displays, advertisements and/or a link to Cre8tive Dezine's own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Cre8tive Dezine to place websites and other designs, along with a link to the client’s site on their own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Cre8tive Dezine will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Cre8tive Dezine also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that Cre8tive Dezine does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Cre8tive Dezine to remove the contravention without hindrance, or penalty. Cre8tive Dezine is to be held in no way responsible for any such data being included.
Alterations
Sites created by Aurum get unlimited minor site edits & revisions for the lifetime of your sites paid subscription. The customer agrees that extensive changes and revisions will incur an additional charge of no more than $30/hr unless otherwise agreed upon.
Customer agrees that any changes or updates made to their website by the customer under the DIY plan are the responsibility of the customer. Any unwanted changes or updates by the customer in error that cause site malfunction or responsiveness will be corrected at no cost to the customer. Any additional errand edits that need correction to restore the site back to normal functionality will incur a charge at a flat rate of $30/hr for proper corrections and updates by Cre8tive Dezine.
For Graphic Design the customer also agrees that Cre8tive Dezine holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Cre8tive Dezine, or any of its contractors, is licensed for use by the client and may not be modified, or re-distributed in any way or form without the express written consent of Cre8tive Dezine and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Cre8tive Dezine will not be held responsible for any and all damages resulting from such claims.
Cre8tive Dezine is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Cre8tive Dezine responsible for any such loss or damage.
Any claim against Cre8tive Deine shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Cre8tive Dezine’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Cre8tive Dezne in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Cre8tive Dezine via the client portal or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing.
Cre8tive Dezine will not be held responsible for any image quality which the client later deems to be unacceptable. Cre8tive Dezine cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images.
Design Project Duration
Any indication given by Cre8tive Dezine of a design project’s duration is to be considered by the customer to be an estimation. Cre8tive Dezine cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by cre8tive Dezine (which is typically 24hrs) for the initial payment or by date confirmed in writing by Cre8tive Dezine.
Rights of Access for Website Construction or Social Media and Email Management
The client agrees to allow Cre8tive Dezine all necessary access to Social Media Business accounts (for Social Media Management Service), Business Email Account ( for Email Management Service) as required, in order to complete Setup & Management, including the necessary read/write permissions, usernames and passwords.
The customer agrees to supply Cre8tive Dezine with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Aurum agrees not to share, use or distribute the sensitive account information for clients Social Media and or Email Accounts.
Design Project Completion
Cre8tive Dezine considers the design project complete upon receipt of the customer’s signed Approval form or signoff email and final payment for project.
Website Design Only
Once web design project is complete, Cre8tive Dezine will provide the customer with the opportunity to review the resulting work via a guided walkthrough and make any changes or additions. Any further changes beyond customers agreed production timeline are at the discretion of the client. Cre8tive Dezine will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 24hrs of the start of the review period.
Hosting Websites
Cre8tive Dezine 's Web Hosting services are through Amazon AWS servers. Cre8tive Dezine cannot not guarantee continuous uninterrupted service and will accept no liability for loss of service, due to Amazon AWS site maintenance or downtime.
All sites incur a monthly or annual subscription based hosting fee according to the site plan. This fee is separate from any other monthly fees due for add-ons.
All sites must have a mandatory SSL Security Certificate to ensure proper data and privacy protection. Security Certificates are supplied free of charge.
All sites created are designed on the Duda web design platform and are non-transferrable. This means you cannot transfer all elements to a 3rd party platform for hosting since features and compatibility may differ. Any site moves would need to be rebuilt within the new software platform.
SEO/Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Cre8tive Dezine cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Cre8tive Dezine employs lite SEO services for our clients and has more comprehensive SEO services available via a third party partnership.
Disclaimer
Cre8tive Dezine makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Cre8tive Dezine will not be held responsible for any and all damages resulting from products and/or services it supplies. Cre8tive Dezine is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Cre8tive Dezine responsible for any such loss or damage. Any claim against Cre8tive Dezine shall be limited to the relevant fee(s) paid by the customer.
Cre8tive Dezine reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Cre8tive Dezine will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Cre8tive Dezine reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Cre8tive Dezine, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions. Furthermore, an estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Cre8tive Dezine.
rev. 12/10/24
