Terms & Conditions – Updated 08/10/2019
By using the Creative Individuals services, you agree to be bound by the following terms and conditions. Creative Individuals reserves the right to change the Terms & Conditions at any time without notice, and your continued use of Creative Individuals constitutes your consent to such changes.
1.DESCRIPTION OF SERVICES. Creative will provide an ongoing set of online services including website design, copy and editorial development, search engine optimization and website updates as described on the “Quote” agreed with you for each project. The “Proposal” is an online proposal which is custom to each service you request from Creative Individuals Digital. Each proposals will include a detailed description of services, the selected payments method, project deliverables and any additional terms that we have been agreed with you.
2.LIMITATIONS OF SCOPE. Creative will not be responsible for work that is beyond the scope of services set forth in the Proposal in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
3.MANAGEMENT RESPONSIBILITY. Creative will provide certain tools, methods and resources to Client that are intended to help the Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. Creative may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
4.COPYRIGHT. All content produced by Creative within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by Creative for Client as part of the Services is copyrighted by Creative and remains the exclusive property of Creative. Upon termination of this Agreement copyrights shall remain with Creative. After twelve months of service and full payment, if Client chooses to cancel this agreement, per the conditions in Section 6 below, all Creative copyrighted content except software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
In the event Creative ceases business operations and providing the services described in this agreement all Creative copyrighted content, except software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
5.LINK. Customer hereby acknowledges and agrees that Creative shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of Creative services for referral and marketing purposes.
6.TERM/TERMINATION. Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. For monthly subscribed services or retainers, Creative will start billing to Client beginning the date (“Renewal Date”) client agrees to these terms of services and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email or has met its agreed term. Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. A repeated failure to make payment by date due during any period gives Creative the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by Creative to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to Creative’s Clients shall automatically terminate.
7.PAYMENT FOR SERVICES.
7.1 Monthly Subscriptions or Retainers
Client will pay monthly fees to Creative Individuals for a subscription to Services as described in Proposal in effect at the time of this agreement and/or for the license to use the Creative web services, software and licensed content in conjunction with these services. Payment will be made by automatic credit card transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed on the Renewal Date as described in Section 6 above. Creative reserves the right to charge late-payment charges of 1.5% per month on past due balances.
7.1.1 Recurring billing
If you enroll for subscription-based Paid Services, you authorize Creative Individuals or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to such Paid Services, you will be charged immediately for the initial period of the subscription at the then-current fee. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as specified on the Services. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES (E.G., MONTHLY FEES) WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR SERVICE PLAN. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR SERVICE PLAN, CONTACT INFO@CREATIVEINDIVIDUALS.DIGITAL.
7.1.2 Current information requirement
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR MY ACCOUNT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
7.1.3 Auto-renewal for subscription services
Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Subscription Services at any time, contact customer service at: email@example.com. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
7.1.4 Cancelling paid subscriptions
To cancel an ongoing, paid Individual subscription contact customer service at: firstname.lastname@example.org. Once you have cancelled your subscription, Creative Individuals will stop billing you until and unless you re-subscribe. Any and all fees paid and charges made prior to cancellation or termination of your account are non-refundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are non-refundable.
7.2 Deliverable based Installments or One-off Payments
Creative Individuals Digital shall provide an invoice that covers each deliverable to the Client within the first five (5) business days from accepting this agreement and once each deliverable has been approved by Client. Creative Individuals Digital will first account for such fees by applying amounts from the retainer held and request any additional amounts required in excess of such retainer. Invoices shall be due and payable within fifteen (15) days of receipt unless indicated otherwise within the Proposal. Creative reserves the right to assess and collect late-payment charges of 1.5% per month on past due balances.
7.3 Payment Processing for Card Payments
We use a third-party payment processor (the “Payment Processor”) to bill the subscription payment from the Credit/Debit Card you provide (your “Billing Account”) for use of the Paid Services . The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Subscription Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using the monthly subscription service. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Processor Terms – https://stripe.com/gb/legal
8.WARRANTY. Creative shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in Creative’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and Creative disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. Creative does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
9.LIMITATIONS OF LIABILITY. Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Creative, Creative’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by Creative, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, Creative and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, Creative shall have no liability to client arising from or relating to any third party hardware, software, information or materials. Creative is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though Creative will attempt to prevent or minimize exposure to such risks.
10.INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Creative and its licensors arising from products or services related to this Agreement. Conversely, Creative shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of Creative.
11.GOVERNING LAW. You agree that these Terms and Conditions shall be treated as though they were executed and performed in the United Kingdom and shall be governed by and construed in accordance with the laws of United Kingdom (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms and Conditions or any other agreement related to the use of Creative Individuals services shall be brought solely in the United Kingdom.