Effective Immediately Upon Publication
1. Acceptance of Terms
By accessing or using CreativaForge (“Company,” “we,” “us”) services—including but not limited to web design, development, branding, consulting, and digital products—you (“Client,” “you”) agree to these legally binding Terms of Service (ToS). If you disagree, discontinue use immediately.
1.1 Modifications
We reserve the right to update these terms at any time.
Continued use after changes constitutes acceptance.
Major changes will be emailed to active clients.
2. Services & Deliverables
2.1 Scope of Work
Services are defined in project proposals, statements of work (SOW), or service agreements.
No implied services are included unless explicitly stated.
2.2 Revisions & Approvals
Clients receive 3 rounds of revisions per milestone (additional rounds billed at $95/hour).
Final approval must be given in writing (email suffices).
2.3 Project Delays
Client-caused delays (e.g., late feedback) may incur rescheduling fees (15% of project cost).
3. Payment Terms
3.1 Fees & Deposits
50% non-refundable deposit required to begin work.
Remaining balance due upon project completion (before final file delivery).
3.2 Late Payments
5% monthly interest on overdue balances.
$50 late fee applied after 15 days.
Work stoppage if payment is 30+ days late.
3.3 Chargebacks & Disputes
Unauthorized chargebacks result in immediate service termination + legal action.
Disputes must be submitted in writing within 7 days of invoice receipt.
4. Intellectual Property (IP) Rights
4.1 Client Ownership
Final deliverables transfer to the client only after full payment.
Source files (e.g., PSDs, code repositories) require an additional $500+ licensing fee.
4.2 Company Rights
We retain the right to display completed work in our portfolio (unless under NDA).
Unpaid work remains our property and may be resold.
4.3 Third-Party Assets
Clients must license fonts, stock images, or plugins separately.
We are not liable for copyright violations caused by unlicensed assets.
5. Limitation of Liability (Critical Section)
5.1 Absolute Exclusions
CreativaForge shall not be liable for:
Lost profits, data loss, or business interruptions.
Client misuse of deliverables (e.g., illegal activities).
Third-party failures (e.g., hosting crashes, payment processor errors).
5.2 Maximum Liability Cap
Our total liability is capped at 125% of fees paid for the affected service or $10,000 USD (whichever is lower).
5.3 No Warranties
Services are provided “as-is” without warranties (express or implied).
No guarantee of search engine rankings, sales increases, or legal compliance (e.g., ADA, GDPR) unless explicitly stated in a contract.
6. Termination & Suspension
6.1 By Client
Clients may terminate with 30 days’ written notice.
Deposits and completed work are non-refundable.
6.2 By Company
We may terminate immediately for:
Non-payment (15+ days overdue).
Abusive behavior (e.g., harassment, excessive demands).
7. Dispute Resolution
7.1 Mandatory Mediation
Before litigation, parties must attempt JAMS mediation (costs split 50/50).
Location: [Your City, State] unless client pays travel fees.
7.2 Governing Law
These terms are governed by [Your State/Country] law.
Exclusive jurisdiction for lawsuits: [Courts in Your Jurisdiction].
7.3 Class Action Waiver
Clients waive the right to class-action lawsuits.
8. Miscellaneous
8.1 Force Majeure
Not liable for delays caused by acts of God, wars, or pandemics.
8.2 Entire Agreement
These terms supersede all prior agreements (oral or written).
8.3 Severability
If any clause is deemed unenforceable, the remainder stays valid.
9. Client Acknowledgments
By using our services, you confirm:
✅ You have read and understood these terms.
✅ You are authorized to enter this agreement.
✅ You waive any claims not raised within 6 months of project completion.
Contact for Disputes:
[CreativaForge.com]
[[email protected]]