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Website Usage Terms and Conditions

1. Introduction

These Website Usage Terms And Conditions (these “Terms” or these “Website Usage Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Usage Terms And Conditions.

​This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, That’s So Creative, LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

3. Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  1. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  2. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  3. using this Website to engage in any advertising or marketing;

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Certain areas of this Website are restricted from access by you and That’s So Creative, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content

In these Website Usage Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant That’s So Creative, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. That’s So Creative, LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties

This Website is provided “as is,” with all faults, and That’s So Creative, LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability

In no event shall That’s So Creative, LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and That’s So Creative, LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent That’s So Creative, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

​That’s So Creative, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment

That’s So Creative, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between 

That’s So Creative, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Illinois, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Illinois for the resolution of any disputes.

 

Project and Service Terms and Conditions

    1. Project Scope

    We’ll deliver the services outlined in your proposal. If additional services are requested, they’ll be billed separately and may adjust the timeline.

    2. Timeline

    We’ll aim to meet the deadlines outlined in your proposal, but we’ll need your timely feedback and materials to stay on schedule.

    3. Payment Terms

    • Deposit: 50% of the project total is required to begin.
    • Balance: The remaining amount is due upon project completion and before final delivery.
    • Monthly Services: Recurring payments must enabled and are due prior to the start of the month and/or service.
    • Expenses: If additional expenses come up (like materials, third-party services, shipping, or insurance), we’ll get your approval first. These costs will be reimbursed separately.
    • Late Payments: Invoices not paid within 15 days may incur a 1.5% late fee per month, and work may pause until payment is received.

    4. Revisions

    Your project includes one round of revisions (unless otherwise noted in your proposal). Additional revisions are billed at $150/hour.

    5. Change Orders

    If you need to adjust the scope, just let us know in writing. Changes may affect the cost and timeline. Approved changes require a 25% deposit before work begins.

    6. Client Responsibilities

    To keep things running smoothly, we’ll need your prompt responses, approvals, and materials. Once we deliver any concepts, designs, or drafts, you’ll have five (5) business days to review and provide feedback. If we don’t hear back within that time, we’ll assume everything is approved and move forward. Let us know if there’s anything that needs adjustment—we’re here to make sure you’re happy with the results!

    7. Confidentiality

    We’ll keep your proprietary information secure, and we trust you’ll do the same with ours.

    8. Termination

    Either of us can end this agreement with written notice. If you cancel, the deposit is non-refundable, and you’ll be billed for any work completed up to that point.

    9. Printing and Vendors

    If your project involves third-party vendors, we’ll coordinate on your behalf. Any vendor fees will be billed directly to you. While we’ll do our best to manage these services, we’re not liable for third-party delays or issues.

    10. Proofs

    We’ll provide digital or physical proofs for your review. Please approve them promptly, as changes after approval may incur additional costs.

    11. Digital Marketing

    If Digital Marketing services are purchased, you grant us access to manage your digital accounts as needed, with access ending upon termination of this agreement.

    Liability: While we’ll do our best to ensure smooth operations, we’re not responsible for account suspensions, ad rejections, or platform-related issues or data breaches outside our control. Timely approvals and adherence to platform guidelines help minimize these risks.

    Our services may include:

    • Setting up and managing platforms like Facebook, Instagram, and Google.
    • Running paid ad campaigns.
    • Managing your online reputation.
    • Providing analytics and performance updates.

    12. Website Design

    In the case of website design and development services:

    • Access: You authorize us to access necessary accounts for your website.
    • Errors: Let us know about any errors within 4 weeks of launch. We’ll fix them if possible.
    • Warranty: We offer 30 days of complimentary monitoring to address any bugs or theme updates. Fixes or updates needed after this period will be charged at our standard hourly rate.
    • Third-Party Tools: We’re not responsible for issues related to WordPress or other tools but can assist with updates for an additional fee.
    • Browser Testing: We test on current versions of major browsers to ensure a consistent user experience.

    13. Maintenance and Hosting

    If you’ve opted for maintenance or hosting, here’s what’s included (within the agreed timeframe in your package):

    • Updates to text, images, and other minor changes.
    • Security monitoring, malware removal.
    • Plugin and theme updates.
    • Troubleshooting support.
    • Backup recovery support.

    Third-Party Hosting: We use trusted third-party hosting services but can’t guarantee uninterrupted performance. While we’ll do our best to assist, we’re not responsible for lost files, emails, or databases due to server failures. For any network bandwidth or storage limits with your hosting plan, we can assist you in upgrading to avoid disruptions.

    Liability: We’re not responsible for malicious attacks, hacking incidents, or occasional downtime due to circumstances beyond our control. Let us know if issues arise, and we’ll help as much as possible.

    Troubleshooting: We’re happy to assist with troubleshooting any issues within the agreed-upon maintenance timeframe. If additional work is needed beyond this, it will be billed at our standard hourly rate.

    Payment: Maintenance is billed monthly in advance. Prices may change with 30 days’ notice.

    Cancellation: This agreement can end with 30 days’ notice. Prepaid services are non-refundable.

    14. Intellectual Property

    Once the project is fully paid for, you’ll have the rights to use the final deliverables for your intended purposes. We retain ownership of the original designs, artwork, and copy we create, but grant you a non-exclusive, royalty-free license to use them.

    If the project is canceled or terminated, you won’t be able to use any preliminary or completed work without our written consent. We may also showcase parts of the work in our portfolio or promotional materials unless otherwise agreed.

    Source Files: If you need the original design files, we’re happy to provide them at a negotiated rate of up to 100% of the project’s cost. Keep in mind, ownership of these files remains with us.

    Logos: Once the final payment is made, full ownership and trademark rights to logos we create for you are transferred to you.

    15. Limitation of Liability and Warranty

    We’re committed to delivering great results and ensuring the highest quality service. However, we’re not responsible for indirect damages, lost profits, or any issues beyond our control, such as delays caused by third parties or platform outages.

    Limitation of Damages: Each party’s maximum liability under this agreement is limited to the total fees paid for the project.

    Warranty: While we strive to meet your expectations, we can’t guarantee specific results (e.g., increased sales or site traffic) or uninterrupted performance of third-party tools or platforms. Minor variations or unforeseen issues may occur, but we’ll always aim to address them promptly.

    16. Indemnity Agreement

    Both parties agree to protect and hold each other, including employees, agents, and subcontractors, harmless from any claims, damages, or costs arising from breaches of this agreement, intellectual property disputes, or third-party claims. This does not apply to damages caused by the negligence of the indemnified party.

    17. Entire Agreement

    This document outlines our entire agreement. Any changes must be made in writing and agreed upon by both parties.