Below are the Terms and Conditions that govern all services provided by Cre8ive Options LLC and are limited to the Client. We make every effort to be as transparent as possible about the manner in which we provide creative services. Please let us know if you have any questions. It is your responsibility as Client to ensure you read and fully understand these terms and conditions, as well as their implications before you accept and commerce any project with Cre8ive Options LLC.
1. Acceptance
Acceptance of estimate(s) or contract(s), whether material or electronic, as well as payments made towards projects, whether by deposit, retainer, or payment in full constitute the Client’s full agreement with and acceptance of these terms and conditions, and is considered THE EXACT SAME AS YOUR WRITTEN SIGNATURE. The Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
2. Authorization
The named Client (hereinafter referred to as “Client”) is engaging Cre8ive Options LLC (hereinafter referred to as “Cre8ive Options LLC”) as contractor for the specific purpose of graphic design, web design, website design and website related design work or as otherwise described within the SCOPE OF WORK and herein after referred to as the “SCOPE OF WORK”, to be provided to the “Client” and/or published on the “Client’s” account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as “Hosting Service”, or provided on diskette or via electronic transmission at the discretion of “Cre8ive Options LLC”. The “Client” hereby authorizes “Cre8ive Options LLC” to access said account(s), and authorizes the Hosting Service to provide “Cre8ive Options LLC”, its designer(s) and where applicable subcontractors with “full access” to the “Client’s” account, and any other programs needed for the SCOPE OF WORK included as part of the “Client” service agreement/level. The “Client” also authorizes “Cre8ive Options LLC” to submit, when/if applicable any completed SCOPE OF WORK to major Web Search Engines, if applicable.
3. Payments & Deposits
“Cre8ive Options LLC” uses an online accounting system called FRESHBOOKS for the invoicing and collection of service fees. Upon acceptance of the SCOPE OF WORK an account will be established in the “Client’s” name and payment schedules will be automated. Acceptance of this SCOPE OF WORK constitutes acceptance to receive invoices electronically and to provide payments exponentially and in kind. “Cre8ive Options LLC” accepts payments by credit card, debit card or eCheck through FRESHBOOKS. Paper check payments can be accepted ONLY with prior authorization; please make sure to allow time for handling and processing – “Client” is responsible and agrees to pay all fees that may be incurred because of missing, lost, late or insufficient funds.
“Cre8ive Options LLC” reserves the right to: a) hold until payment due is received or b) remove any SCOPE OF WORK project from viewing on the Internet until final payment is made. All payments are due as the individual payment schedule dictates or otherwise within 15 days of billing. In the case of a change of mind by the “Client” ANY deposit is NON-REFUNDABLE and is forfeited, plus a prorata payment based upon the time spent.
The “Client” agrees to pay to “Cre8ive Options LLC” any amounts, deposits or retainers listed on the SCOPE OF WORK upon acceptance of the SCOPE OF WORK. Once research, resources allocated or design work has commenced on a project, this deposit is NON-REFUNDABLE.
Invoices not paid by the due date are considered PAST DUE and incur a 3% late fee on the balance due, are subject to additional fees or charges, and are subject to cancellation of service at the discretion of “Cre8ive Options LLC”.
4. Late Payments & Default
Invoices not paid by the due date are considered PAST DUE and incur a 3% late fee on the balance due, are subject to additional fees or charges, and are subject to cancellation of service at the discretion of “Cre8ive Options LLC”.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or the “Client” has stated expressly that they do not intend to pay an invoice by “Cre8ive Options LLC”, unless prior arrangements have been made. “Cre8ive Options LLC” shall at its sole discretion suspend any and all services provided to the “Client” by “Cre8ive Options LLC” or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered on behalf of the “Client”, including, but not limited to design, hosting, domain registration, search engine optimization, marketing, ads, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue. The “Client” deemed in default agrees to pay all reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
5. Additional Fees
Charges for services to be provided by “Cre8ive Options LLC” are defined in the SCOPE OF WORK and or in communications that the “Client” receives via e-mail. Additional work not specified in the approved SCOPE OF WORK document or any other amendment or modification to the SCOPE OF WORK must be in writing and authorized in written exchange by both the “Client” and “Cre8ive Options LLC”.
The “Client” agrees to pay “Cre8ive Options LLC” for ANY expenses incurred in performing the “Client’s” work, including but not limited to postage, copying and printing, supplies including art assets, stock photography, fonts, paper stock, label stock, and any monies paid to outside parties on the “Client’s” behalf. “Cre8ive Options LLC” may elect at its discretion to invoice the CLIENT separate and apart from the scheduled billing cycle should these fees exceed $50.00. If the fees are less than $50.00 “Cre8ive Options LLC” will include these costs in the “Client’s” next applicable invoice.
Estimates for work are valid for a period of 30 days. “Cre8ive Options LLC” reserves the right to alter or decline to provide an estimate after expiry of the 30 days.
6. Development
The SCOPE OF WORK will be developed using industry standard software: “Cre8ive Options LLC” currently uses Adobe® Photoshop, Adobe® Illustrator, Adobe® InDesign, Adobe® Acrobat, Adobe® Dreamweaver or according to the SCOPE OF WORK.
Compatibility – Graphic Design: “Cre8ive Options LLC” uses industry standard software. Native files where applicable are delivered by agreed method to the “Client” according to the SCOPE OF WORK. No liability exists on the part of “Cre8ive Options LLC” to provide or otherwise assure “Client” possess appropriate software to adjust, manipulate or otherwise work with said files. Currently “Cre8ive Options LLC” utilizes Adobe Creative Cloud Suites and Softwares and as such files are provided in their format for intended and agreed use, unless otherwise requested in advance by the “Client”. Alterations required on the part of “Cre8ive Options LLC” to accommodate requested format changes may incur additional charges at the discretion of “Cre8ive Options LLC”.
Website Design: “Cre8ive Options LLC” makes every effort to ensure websites are designed to be viewed by the majority of visitors and represents and warrants that the web site we design for you will work in the latest web browsers: IE10, IE11, Firefox, Safari, Chrome, Edge. “Cre8ive Options LLC” cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the “Client”. As such, “Cre8ive Options LLC” reserves the right to quote additionally for any work involved in changing the website design or website code for it to work with updated browser software.
Mobile and Responsive WordPress web work is tested but not warranted for success on any specific device or display. While “Cre8ive Options LLC” will make reasonable efforts to design a fully-functional web site, “Cre8ive Options LLC” services or warranty does not cover AOL, MSN, MAC, phone, personal PDA, Tablet, text-based browsers or requested special effects that we have advised you against.
For People with Disabilities – “Cre8ive Options LLC” standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors. If your website requires any special circumstances for assistance with/and/or for disability measures, “Client” assumes responsibility to alert “Cre8ive Options LLC” of such needs in writing. Where agreeable, and at such time as required, an additional SCOPE OF WORK will be provided in writing, for approval that meets the requirements requested and to be agreed to separately by both parties.
7. Performance of Services
The way the Services are to be performed and the specific hours to be worked by “Cre8ive Options LLC” shall be determined by “Cre8ive Options LLC”. “Client” will rely on “Cre8ive Options LLC” to perform the work specified in any reasonably manner necessary to fulfill its obligations under the SCOPE OF WORK. “Cre8ive Options LLC” reserves the right, to assign subcontractors to the SCOPE OF WORK at any time to insure that the terms of the SCOPE OF WORK are met. “Cre8ive Options LLC” defines standard business days as being Monday thru Friday 9am-5pm CST. Requests for work after hours, on weekends, holidays or deemed RUSH in nature will incur additional charges.
8. Project Approvals
While every effort is made to avoid errors, “Cre8ive Options LLC” accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the responsibility of the “Client” to proof read, review and approve all final copy before the final production of artwork. Email verification of the “Client’s” representative shall be conclusive as to the approval of all artwork prior to its release for printing, replication or installation. NO REFUNDS are available for errors resulting from a “Client’s” oversight. Should the “Client” request alterations after approval, the “Client” agrees to pay all additional charges resulting from rework or time spent to regenerate a final product.
9. Copyrights and Trademarks
All materials furnished by “Client” will remain the property of “Client”. All Copyrights owned by the “Client” will remain with the “Client”. The “Client” unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to “Cre8ive Options LLC” for inclusion in ANY works are owned by the “Client”, or that the “Client” has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend “Cre8ive Options LLC” and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the “Client”. Rights to photos, graphics, native files, source code, work-up files, fonts and computer programs are not transfered to the “Client”, and remain the property of their respective owners. All original preparation materials, sketches, visuals, comps and unused ideas previously shown, and considered, will remain the property of “Cre8ive Options LLC”. “Cre8ive Options LLC” is free to use said unused ideas for future conceptual, and “Client” work. Where a previously unused idea/design retains a similar look and style to a finished product, “Cre8ive Options LLC” will make every reasonable effort to re-style articles to be sufficiently different so as not to cause conflict.
“Cre8ive Options LLC” and its subcontractors retain the right to display graphics and other designed elements as examples of their work within their respective portfolios. “Cre8ive Options LLC” reserves the right to watermark, or copyright/legal statement with a link to “Cre8ive Options LLC” Design Services Web Site. Copyright to finished artwork, graphic design, logo, website design, or any creative work produced by “Cre8ive Options LLC” will be owned by “Cre8ive Options LLC” except where provisions are guaranteed within a SCOPE OF WORK and appropriate compensation is paid for the transfer of the copyright.
Copyright is not the same as a Trademark, or Registered Trademark. The terms contained herein do not provide for, or make any claims whatsoever as to Trademark ownership, trademark-ability, research, advice or protection pertaining to a trademark. The “Client” understands it is their full responsibility to seek separate counsel for trademark assistance.
10. Relationship of Parties
It is understood by the parties that “Cre8ive Options LLC” is an independent contractor with respect to “Client”, and not an employee of “Client”. It is further understood that this IN NO WAY CONSTITUTES WORK FOR HIRE and there are NO BENEFITS ENDOWED OR PROMISED TO EITHER PARTY APART FROM THOSE SPECIFIED WITHIN these terms and conditions for service or any agreement made.
11. Web Site Maintenance
All website’s require routine maintenance and updating. The terms of service include NO website maintenance unless otherwise agreed to in writing. Such items may include, but are not exclusive to: theme changes or updates, plugin changes or updates, platform changes or update, major or minor page reconstruction, new pages/new posts, changes to aesthetics, changes to url’s, artwork, or text, guestbooks, discussion webs, blogs, navigation structure changes, attempted updates by “Client” repairs or Web Design Projects delivered to “Client” via diskette, U.S. mail and e-mail. The maintenance period begins on the date the “Client’s” web site is available to be published to the “Client’s” hosting service [NO APPROVAL IS NEEDED]. Major page code and/or graphics changes and additions will be charged at the $85.00 per hour rate. (Notice: This rate is subject to change at any time.) Maintenance agreements are billed on or about the 1st day of each month and are due upon receipt or within the payment terms outlined on the delivered invoice. All payments, regardless of amount, must be made within 15 days to avoid late payment fees.
12. Project Duration, Completion and Cooperation
“Cre8ive Options LLC” and the “Client” must work together to complete the SCOPE OF WORK in a timely manner. “Cre8ive Options LLC” agrees to work expeditiously to adhere to any schedule as set forth by mutual arrangement and agreement. Estimated project schedules should be deemed to be from the date that cleared funds of the deposit are received by “Cre8ive Options LLC”. Regardless of any agreed schedule of work, the “Client” agrees that if for ANY REASON the “Client” becomes absent from active engagement (ceases reasonable communication) with the project for a term of more than 30 days of the effective date of the SCOPE OF WORK, the entire deposit amount of the SCOPE OF WORK shall be retained by “Cre8ive Options LLC” as liquidated damages and the contract shall become null and void, at Cre8ive Options LLC discretion. “Cre8ive Options LLC” considers the SCOPE OF WORK complete upon receipt of the customer’s approval.
13. Project Delivery
The final SCOPE OF WORK will be either:
a) provided to the “Client” by electronic file format or in such cases as US Mail Service or the like is required, “Client” agrees to pay “Cre8ive Options LLC” for the mailing costs of such final product delivery charges upon the receipt of full payment.
or
b) published to the “Client’s” hosting service or provided to the “Client” by electronic file format or in such cases as US Mail Service or the like is required, “Client” agrees to pay for the mailing costs of such final product delivery charges upon receipt of final payment.
Hosting:
The “Client” understands that “Cre8ive Options LLC” does not directly provide any hosting services in connection with the SCOPE OF WORK. Hosting services require a separate contract directly with the hosting service of the “Client’s” choice. The “Client” agrees to select a hosting service which allows “Cre8ive Options LLC” full access to the “Client’s” account via FTP (File Transfer Protocol). The “Client” will be solely responsible for any and all hosting service charges, unless otherwise specified in their SCOPE OF WORK.
Publishing:
If the hosting service has FrontPage®98 extensions installed and the extensions are not configured correctly to support publishing/FrontPage®98 functionality, “Cre8ive Options LLC” will not be responsible for problems arising from improperly installed FrontPage®98 Extensions.
There is no additional charge to publish the site if the hosting service does not have FrontPage®98 extensions installed and “Cre8ive Options LLC” must use an FTP.
14. Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the SCOPE OF WORK or any other services contemplated herein, and will hold harmless, protect, and defend Julia A Fowler and “Cre8ive Options LLC” and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the “Client’s” exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
15. Termination
Either party may cancel an agreement for service by giving written notice of termination to the other. If the “Client” cancels, the fees paid to date are non-refundable and are forfeited. If either party breaches its obligations under this contract, and such breach is not cured within ten (10) days following the date on which the other party (the “non-breaching party”) delivers to the breaching party written notice specifying the breach, then at the election of the non-breaching party the agreement for service terminate at the expiration of that 10-day period. Such election shall be made by the non-breaching party’s delivering to the breaching party, within five (5) days after the end of that 10-day period, written notice of termination. Notwithstanding any termination hereunder, (a) “Client” shall remain liable to pay “Cre8ive Options LLC” the costs and fees that have accrued under these Terms and Conditions prior to the effective date of termination, and (b) all rights and duties of the parties shall survive the termination of service.
16. Legal Notice & Liability
Notwithstanding anything to the contrary contained in this contract, neither “Cre8ive Options LLC” nor any of its employees or agents warrants that the functions contained in the SCOPE OF WORK will be uninterrupted or error-free. The entire risk as to the quality and performance of the SCOPE OF WORK is with the “Client”. In no event will “Cre8ive Options LLC” be liable to the “Client” or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the SCOPE OF WORK, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if “Cre8ive Options LLC” has been advised of the possibility of such damages. The entire liability of “Cre8ive Options 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.
17. Governing Law
In case collection proves necessary, the “Client” agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective when you agree to the terms of service through the electronic measures provided at the time the document is approved. Regardless of the place of approving of this agreement, the “Client” agrees that for purposes of venue, this SCOPE OF WORK was entered into Nicollet County, Minnesota, and that any dispute will be litigated or arbitrated in Nicollet County, Minnesota and the “Client” hereby consents to the personal jurisdiction of the Minnesota State Courts. Furthermore, the “Client” waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.
18. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The “Client’s” signature, electronic consent or payment of an advance fee constitutes FULL AGREEMENT TO AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
19. Severability
In the event any one or more of the provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions shall be unimpaired and no SCOPE OF WORK 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 invalidated event.
[Acceptance of estimate(s) or contract(s), whether material or electronic, as well as payments made towards projects, whether by deposit, retainer, or payment in full constitute the Client’s full agreement with and acceptance of these terms and conditions, and is considered THE EXACT SAME AS YOUR WRITTEN SIGNATURE. The Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.]
Cre8ive Options LLC reserves the right to alter or change these terms at their discretion without prior notice. [Last updated: 1-1-2022]
