Terms & Conditions

TERMS OF AGREEMENT

Effective Date: August 31, 2026

These Terms of Agreement (“Terms”) govern the services provided by Cre8ive Options LLC (“Cre8ive Options,” “we,” “us,” or “our”) to the client identified on an applicable estimate, proposal, invoice, statement of work, or other service agreement (“Client,” “you,” or “your”).

By accepting an estimate, proposal, statement of work, invoice, or other agreement from Cre8ive Options; authorizing work to begin; making a payment toward a project; or otherwise engaging Cre8ive Options for services, you acknowledge that you have read, understood, and agree to these Terms.

These Terms, together with the applicable estimate, proposal, statement of work, or other written agreement, constitute the agreement between Cre8ive Options and Client.

1. ACCEPTANCE AND ELECTRONIC AUTHORIZATION

Client may accept an estimate, proposal, or other agreement electronically, including through an invoicing system, project-management system, email, electronic signature, online acceptance, or other electronic means.

Client’s electronic acceptance constitutes authorization for Cre8ive Options to proceed with the services described in the applicable estimate, proposal, or agreement and constitutes Client’s agreement to these Terms.

Electronic records and signatures may be used in place of physical documents and handwritten signatures. Minnesota law generally recognizes electronic records, electronic signatures, and electronic contracts as legally enforceable when applicable requirements are satisfied.

If an individual accepts an agreement on behalf of a business or other organization, that individual represents that they have authority to bind that organization.

2. SCOPE OF SERVICES

Cre8ive Options will provide the services specifically described in the applicable estimate, proposal, statement of work, or other written agreement.

The scope of work is limited to the services and deliverables expressly identified in that document. Items not specifically identified are not included unless subsequently agreed upon in writing.

Project descriptions, examples, recommendations, discussions, preliminary concepts, estimates, or verbal conversations do not constitute additional contractual deliverables unless incorporated into the approved scope of work.

Where appropriate, an estimate may identify assumptions, limitations, exclusions, or dependencies that affect the scope or cost of the project.

3. ESTIMATES AND ADDITIONAL WORK

Estimates are provided in good faith based on the information and scope understood at the time of preparation. Unless expressly identified as a fixed-price agreement, an estimate is a preliminary projection and is not a guarantee of the final cost.

Client will be billed for actual work performed and expenses incurred in accordance with the applicable estimate and rate structure.

Any work requested by Client or reasonably required to address circumstances outside the approved scope will be considered additional work. Additional work may include, without limitation:

  • Changes to previously approved requirements;
  • Additional pages, products, collections, features, or functionality;
  • Additional revisions beyond the included revision allowance;
  • Work resulting from changes in Client requirements;
  • Corrections necessitated by Client-provided information or materials;
  • Additional configuration or troubleshooting caused by third-party platforms or services;
  • Work resulting from changes to a website, code, theme, plugin, application, or other system by Client or another party;
  • Research, troubleshooting, or technical work not reasonably anticipated when the original estimate was prepared; and
  • Services requested after completion or approval of the original scope.

Unless otherwise stated in the applicable estimate or agreement, additional work will be billed in half-hour (½ hour) increments at the standard open rate or the applicable rate associated with Client’s account at the time the additional work is performed.

Additional work may be authorized electronically, including by email, written message, project-management system, invoicing system, or other documented communication.

4. FEES, DEPOSITS, AND PAYMENT

Fees, deposits, installment payments, recurring charges, and payment schedules will be specified in the applicable estimate, proposal, invoice, or service agreement.

Unless otherwise stated, a deposit or initial payment is required before work begins.

Deposits and payments made for services are earned as work is performed and are generally non-refundable once work has commenced, except where otherwise required by law or expressly agreed to in writing.

Client remains responsible for all approved charges, including charges for additional work and approved third-party expenses.

Payment does not transfer ownership of work product or deliverables until all amounts owed to Cre8ive Options relating to the applicable project have been paid in full, unless otherwise agreed in writing.

5. LATE PAYMENTS AND SUSPENSION OF SERVICES

Invoices are due according to the payment terms stated on the invoice, estimate, proposal, or service agreement.

Amounts not paid when due may be subject to late fees, finance charges, or other collection costs to the extent permitted by applicable law and as specified in the applicable agreement or invoice.

If an account becomes delinquent, Cre8ive Options may, at its discretion, suspend work, withhold delivery of completed work, suspend access to services under Cre8ive Options’ control, or decline to begin additional work until the account is brought current.

Suspension of services due to nonpayment does not relieve Client of its obligation to pay amounts already due.

Cre8ive Options is not responsible for project delays, missed deadlines, lost sales, or other consequences resulting from a suspension caused by Client’s failure to make timely payment.

6. CLIENT RESPONSIBILITIES

Client agrees to provide, in a timely manner, all information, materials, content, approvals, credentials, access, decisions, and other resources reasonably necessary for Cre8ive Options to perform the services.

Depending on the project, Client may be responsible for providing:

  • Logos and branding materials;
  • Product information and specifications;
  • Product images and other photography;
  • Written content and copy;
  • Pricing and promotional information;
  • Product SKUs, UPCs, barcodes, and inventory information;
  • Shipping and tax information;
  • Domain and hosting information;
  • Access to Shopify, WordPress, hosting accounts, email accounts, social media accounts, analytics platforms, or other services;
  • Legal policies and business information;
  • Customer-service, fulfillment, and operational requirements; and
  • Timely approvals and feedback.

Client is responsible for ensuring that information and materials supplied to Cre8ive Options are accurate, complete, current, and legally authorized for use.

Client delays in providing required information, materials, access, approvals, or decisions may delay the project and may require the project schedule to be adjusted.

7. CLIENT-PROVIDED CONTENT AND MATERIALS

Client represents that it owns, has licensed, or otherwise has the legal right to use all text, photographs, graphics, logos, trademarks, product information, videos, music, data, software, and other materials provided to Cre8ive Options.

Client is responsible for obtaining any necessary permissions, licenses, releases, or consents relating to Client-provided materials.

Cre8ive Options is not responsible for claims arising from Client’s unauthorized use of copyrighted, trademarked, proprietary, or otherwise protected materials.

Client is responsible for reviewing all content, product information, prices, policies, legal notices, and other information before publication or launch.

8. APPROVALS AND REVISIONS

Client is responsible for reviewing work submitted for approval and providing timely, consolidated feedback.

Unless otherwise specified in the applicable estimate or agreement, revisions are limited to reasonable changes within the original scope of work.

Requests that materially change the original direction, functionality, structure, design, content, or requirements may be treated as additional work.

Once Client has approved a design, page, product, functionality, content, or other deliverable, subsequent changes may be billed as additional work.

Client’s failure to identify an error or requested change during the approval process does not obligate Cre8ive Options to provide unlimited revisions after approval.

9. PROJECT SCHEDULES AND DELAYS

Any project completion date provided by Cre8ive Options is an estimate unless expressly identified in writing as a guaranteed deadline.

Project schedules depend upon Client cooperation, timely approvals, availability of required information, third-party services, technical conditions, and other factors outside Cre8ive Options’ control.

If Client becomes inactive or fails to provide required materials, approvals, access, or communication for an extended period, Cre8ive Options may place the project on hold or consider the project inactive.

If a project remains inactive for 30 consecutive days or more due to Client’s failure to provide required information, approvals, access, or direction, Cre8ive Options may close or suspend the project. Reopening an inactive project may require a new estimate, revised schedule, or additional charges.

10. THIRD-PARTY PLATFORMS AND SERVICES

Many projects depend upon third-party platforms, applications, plugins, themes, hosting providers, payment processors, domain registrars, shipping services, APIs, marketplaces, advertising platforms, analytics services, or other third-party systems.

Examples include, but are not limited to, Shopify, WordPress, hosting providers, payment processors, domain registrars, shipping providers, email services, plugins, applications, and software-as-a-service platforms.

Cre8ive Options does not control third-party providers and is not responsible for:

  • Service interruptions or outages;
  • Changes to platform functionality;
  • Changes to pricing or fees;
  • Changes to policies or terms;
  • Discontinued features or services;
  • Security incidents affecting third-party systems;
  • Compatibility issues;
  • API changes or restrictions;
  • Third-party account suspensions or limitations;
  • Data loss occurring within a third-party system; or
  • Other circumstances caused by or attributable to a third-party provider.

Third-party subscription, application, hosting, licensing, transaction, domain, advertising, or other fees are the responsibility of Client unless expressly included in the applicable estimate or agreement.

Cre8ive Options may recommend or configure third-party services but does not guarantee their continued availability, performance, pricing, or functionality.

11. WEBSITE, ECOMMERCE, AND TECHNICAL SERVICES

Website and eCommerce services may include design, development, configuration, customization, migration, troubleshooting, product setup, content entry, SEO implementation, integrations, and related services as specifically described in the applicable scope of work.

Cre8ive Options does not guarantee that a website, online store, application, or digital property will:

  • Generate a particular amount of traffic, revenue, leads, sales, or conversions;
  • Achieve a particular search-engine ranking;
  • Remain compatible with all future browsers, devices, operating systems, applications, plugins, or platforms;
  • Be completely free of errors or vulnerabilities; or
  • Remain unchanged following updates made by Client, third parties, hosting providers, platform providers, plugins, applications, or other software.

Where Client or another party makes changes to a website or system after Cre8ive Options completes its work, Cre8ive Options is not responsible for problems resulting from those changes.

12. SEO AND DIGITAL MARKETING

SEO, search-engine optimization, content strategy, digital marketing, advertising, analytics, and related services are provided using reasonable professional practices but cannot guarantee specific rankings, traffic, leads, sales, or other performance results.

Search engines, advertising platforms, marketplaces, social media platforms, and other third parties may change their algorithms, policies, requirements, or functionality without notice.

Cre8ive Options does not guarantee placement, ranking, traffic volume, advertising performance, or revenue.

13. MAINTENANCE AND ONGOING SERVICES

Ongoing maintenance, consulting, support, content updates, website administration, or other recurring services are provided according to the applicable service agreement or estimate.

Unless specifically included, ongoing services do not include unlimited support or unlimited revisions.

Services requested outside the included scope will be billed at the applicable rate.

Cre8ive Options may establish reasonable limits on recurring service requests based on the applicable service plan or agreement.

14. INTELLECTUAL PROPERTY AND OWNERSHIP

Upon full payment of all amounts due for a project, Client will receive ownership or the applicable usage rights to the final custom deliverables specifically identified in the applicable agreement, subject to the provisions below.

Cre8ive Options retains ownership of its pre-existing materials, tools, methods, processes, templates, frameworks, code libraries, know-how, concepts, techniques, and other materials developed independently of the project.

Third-party themes, plugins, applications, fonts, stock photography, software, libraries, code, and other licensed materials remain subject to the ownership and licensing terms of their respective owners.

Where a project incorporates third-party software, themes, applications, or other licensed materials, Client receives only the rights granted by the applicable third-party license.

Unless otherwise agreed in writing, Cre8ive Options may retain copies of project files for archival, portfolio, recordkeeping, or business purposes.

15. DOMAIN NAMES, HOSTING, ACCOUNTS, AND ACCESS

Unless specifically included in the applicable agreement, Client is responsible for maintaining ownership and payment of domain names, hosting accounts, email accounts, platform subscriptions, applications, licenses, and other third-party accounts.

Cre8ive Options may assist with account setup, configuration, migration, or administration as part of the scope of work.

Client remains responsible for maintaining accurate account information, billing information, ownership information, and administrative access.

Cre8ive Options is not responsible for loss of access caused by expired domains, unpaid subscriptions, compromised credentials, account suspension, third-party actions, or Client’s failure to maintain an account.

16. BACKUPS AND DATA

Client is responsible for maintaining appropriate backups of its website, store, databases, content, customer information, product information, and other important data unless backup services are specifically included in the applicable agreement.

Cre8ive Options may create or maintain working copies or backups during the course of providing services, but such copies are not a substitute for Client maintaining its own independent backups.

Cre8ive Options is not responsible for data loss caused by hosting providers, software failures, security incidents, Client actions, third-party actions, platform changes, or circumstances outside Cre8ive Options’ reasonable control.

17. PRIVACY, SECURITY, AND ACCESS CREDENTIALS

Client is responsible for providing appropriate authorization when granting Cre8ive Options access to accounts or systems.

Client should provide the minimum level of access reasonably necessary for Cre8ive Options to perform the requested services.

Cre8ive Options will use reasonable care in handling Client credentials and account access. Client remains responsible for changing passwords or revoking access when access is no longer required.

Cre8ive Options does not guarantee that any website, account, platform, or system will be immune from unauthorized access, hacking, malware, data breaches, or other security incidents.

18. ACCESSIBILITY AND LEGAL COMPLIANCE

Cre8ive Options may implement accessibility-conscious design and development practices when included within the scope of work.

Unless specifically agreed in writing, Cre8ive Options does not provide legal advice or certify that a website, store, content, product, business practice, or digital property complies with any particular law, regulation, accessibility standard, privacy requirement, industry standard, or governmental requirement.

Client is responsible for obtaining appropriate legal advice regarding privacy policies, terms of sale, accessibility requirements, consumer disclosures, ADA or other accessibility obligations, cookie requirements, data collection, marketing compliance, and other legal matters applicable to Client’s business.

19. WARRANTIES AND DISCLAIMER

Cre8ive Options will perform services in a professional manner consistent with generally accepted practices for the type of services being provided.

Except as expressly stated in these Terms or a written agreement, services and deliverables are provided without additional express or implied warranties to the fullest extent permitted by law.

Cre8ive Options does not warrant that services or deliverables will be uninterrupted, error-free, completely secure, or compatible with every third-party system or future software version.

20. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Cre8ive Options LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, loss of data, loss of customers, or business interruption arising from or related to the services.

To the fullest extent permitted by law, Cre8ive Options’ total liability arising from or relating to a project or services will not exceed the amount actually paid by Client to Cre8ive Options for the specific services giving rise to the claim.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

21. CLIENT INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless Cre8ive Options LLC and its owners, employees, contractors, and agents from claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from:

  • Client’s violation of these Terms;
  • Client’s violation of applicable law;
  • Client’s unauthorized use of third-party materials;
  • Content or materials supplied by Client;
  • Client’s products, services, business practices, or claims made by Client;
  • Client’s misuse of a website, platform, application, or other deliverable; or
  • Claims arising from information or instructions provided by Client.

This provision does not apply to the extent a claim is finally determined to have resulted from Cre8ive Options’ own gross negligence or willful misconduct.

22. CANCELLATION AND TERMINATION

Either party may terminate an ongoing service arrangement as provided in the applicable agreement or, if no termination provision is specified, upon reasonable written notice.

If Client terminates a project after work has begun, Client remains responsible for payment for all work performed, approved expenses incurred, non-cancellable third-party costs, and other amounts due through the effective termination date.

Deposits are generally non-refundable after work has commenced.

Cre8ive Options may terminate or suspend services for nonpayment, abusive or inappropriate conduct, unlawful requests, failure to cooperate, or other material breach of these Terms.

Upon termination, Cre8ive Options may withhold unfinished work until all amounts due have been paid.

23. PROJECT COMPLETION AND DELIVERY

A project will be considered substantially complete when the agreed-upon services and deliverables have been provided or made available for Client review and approval, subject to any remaining minor corrections or items within the original scope.

Client’s use, publication, launch, or implementation of a website, store, design, or other deliverable may constitute acceptance of that deliverable.

Once a project has been completed and approved, additional changes or requests may constitute new work and may be billed separately.

24. PORTFOLIO AND SELF-PROMOTION

Unless Client specifically requests otherwise in writing, Cre8ive Options may identify Client as a client and may display completed work, screenshots, descriptions, or links to completed projects in its portfolio, website, social media, proposals, presentations, or other promotional materials.

Cre8ive Options will not knowingly disclose confidential information solely for promotional purposes.

Client may request that a particular project or confidential material not be publicly displayed.

25. CONFIDENTIALITY

Each party agrees to use reasonable care to protect confidential information received from the other party and to use such information only for purposes related to the business relationship.

Confidential information does not include information that:

  • Is or becomes publicly available through no breach of this agreement;
  • Was already lawfully known to the receiving party;
  • Is independently developed without use of the confidential information; or
  • Is lawfully obtained from a third party without a confidentiality obligation.

Nothing in this section prevents either party from disclosing information when required by law.

26. INDEPENDENT CONTRACTOR

Cre8ive Options LLC is an independent contractor and not an employee, partner, joint venturer, or agent of Client.

Nothing in these Terms creates a partnership, joint venture, employment relationship, or fiduciary relationship between Cre8ive Options and Client.

27. FORCE MAJEURE

Cre8ive Options will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including but not limited to natural disasters, severe weather, power or internet outages, government actions, labor disputes, cyberattacks, widespread technology failures, third-party platform outages, illness, or other events beyond reasonable control.

28. CHANGES TO THESE TERMS

Cre8ive Options may update these Terms from time to time.

The version of the Terms applicable to a particular project or engagement will generally be the version in effect when Client accepts the applicable estimate, proposal, agreement, or service arrangement, unless the parties subsequently agree in writing to updated Terms.

Changes to these Terms will not automatically modify an already-approved fixed-scope agreement unless expressly agreed by both parties or otherwise permitted under the applicable agreement.

29. GOVERNING LAW AND VENUE

These Terms will be governed by the laws of the State of Minnesota, without regard to conflict-of-law principles.

Any legal action arising from or relating to these Terms or the services will be brought in a court of competent jurisdiction located in Minnesota, unless otherwise required by applicable law.

30. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

The invalid or unenforceable provision will be interpreted or modified to the minimum extent necessary to make it enforceable while preserving its intended purpose to the extent permitted by law.

31. ENTIRE AGREEMENT

These Terms, together with the applicable estimate, proposal, statement of work, invoice, service agreement, and any other written documents expressly incorporated into the engagement, constitute the entire agreement between Cre8ive Options and Client regarding the applicable services.

If there is a conflict between these Terms and a specific written provision in an approved estimate, proposal, statement of work, or service agreement, the specific written provision will control with respect to that particular project or service.

No modification to the agreement is binding unless made in writing and accepted by both parties, including through electronic means.

32. CONTACT AND NOTICES

Notices relating to a project or account may be provided by email or through the communication method regularly used by the parties for the engagement.

Client is responsible for maintaining a current email address and other contact information with Cre8ive Options.

CLIENT ACKNOWLEDGMENT AND ACCEPTANCE

By accepting an estimate, proposal, invoice, statement of work, or other agreement from Cre8ive Options LLC, Client acknowledges that Client has had the opportunity to review these Terms and agrees to be bound by them.

Client understands that electronic acceptance, including clicking an acceptance button, typing a name, submitting an electronic signature, responding with written authorization, or otherwise electronically indicating agreement, constitutes Client’s authorization to proceed and acceptance of these Terms.

Cre8ive Options LLC
https://cre8iveoptions.com/terms/