General Terms of Service.
General Terms Of Service
These terms must be read, and signed before any work can begin. Without a signed client agreement, Cre8 My Site will not perform any work.
By signing up for and/or using our services, Client agrees that this agreement constitutes a binding contract between the party, “Contact” and “Business Name”, both to be specified in contract form (hereinafter referred to as: Client) and Cre8 My Site (hereinafter referred to as Provider) & is non-cancelable by Client. By using or signing up for and/or using our services, all Clients acknowledge that they have read and agree to the entirety of our Terms & Conditions (often referred to as "terms of service" or "tos"), have fully read and agree to abide by all of the above and following terms of service:
If Client signed up for and paid for website development/design and/or digital marketing & management, Provider will build Client's website or mobile site using the information and pictures Client provide us using the online Content Collection Form or email; you’ll get from our website or via our extraction tool using Client's current website or Facebook page. All terms and conditions of "Cre8 My Site" are governed by the information provided to us through these avenues at the day of signup. Upon account creation & payment, we will add Client's design work (if necessary, as part of Client's order) in our work order queue. Typical turn-around time is 2-6 weeks.
Within a period of 7 days upon full launch, Provider will allow Client to make two (2) sets of minor corrections to Client's website based on the information Client have provided us with. Any additional changes beyond this, or more major changes requested may require additional charges. Provider will determine if requested corrections are considered “minor” or “major”. Any additions to the site that have not been provided in the initial information, and/or changes that are not associated to the original information will be completed at an additional cost to client. A “minor” change is swapping an image, adding or removing text that the client provides, or making small adjustments to the layout (spacing, shadows etc.); anything else will be considered “Major”, or “Technical”.
Any media (graphics, images & videos) should be properly labeled and of best quality possible. Videos should already be uploaded to YouTube or Vimeo only; no other formats will be accepted. If there will be outside links, such as third-party applications or websites, Provider holds no responsibility if they do or will not work well in conjunction with the website either now nor in the future of Client's site. We have no control over other website or application functions. Provider reserves the right to deny external links, applications and/or websites at any time and for any reason.
CRE8 NOW ACCEPTS VIDEOS DIRECTLY ON THE WEBSITE – should you wish to upload a video to the website, you must (i) own rights to the video as Cre8 My Site cannot be held responsible for any trademark, copyright, or IP infringement, (ii) Video size cannot exceed 200mb
Cre8 My Site does not offer clients access to the backend or the frontend of their websites. This is to prevent the client from damaging the website, or deleting the website by accident. Unless a Site-Builder license is purchased, Provider will only provide access to view the website after the site has been made live. Any changes made by the client to the site that result to site damages, malfunction, or other issues and problems will not be a responsibility of Provider. We may be able to repair the damage at an additional cost.
Website repair is not covered in Client's service contract in either website design nor Client's management fee.
All websites and/or digital marketing and/or any other type of services from Provider will be paid for on the basis of: monthly and will be agreed upon and paid in full prior to the site being made live to the public.
• The price advertised includes up to 5 standard or typical pages (lower packages only include 3 pages) designed using Website Builder type layouts and also include up to 2 minor corrections to the layout (overall look, feel, colors, etc.). This includes a responsive design for a desktop, tablet & mobile browser. These prices exclude additional pages, email addresses, the domain name registration or transfer, account setup, major & future updates, design changes, internet advertising, search engine optimization & anything other than the website described above.
• Monthly payment plans are the default payment frequency for Client's account management fees. We present a monthly price breakdown to Client so Client can see the value Clients are getting for Client's plan. Yearly payment plans may be available as an alternative; however, this is only available if specified on Client's contract and approved by Provider upon the date of Client's initial signup. Yearly payment plans are not allowed unless written approval is given by Provider prior to contract signing.
If a clients is paying us for just web design that they can host on their own account, or on their own servers then a design fee will be applied. That design fee will be based on numerous factors, and will be different for every Client. All design Fees are required to be paid 50% up front, 25% at the first review, and the final 25% before the site is given to the client. If there is a balance still due upon signing the Agreement (or contract), that entire balance is due within 1 weeks (7 calendar days) of the date the agreement was signed by the Client. No further work will be done nor any continuance of service will be given until the entire balance of contract is paid in full. If the client does not pay the entire balance within 1 weeks of the date of the Agreement, there will be a late fee of $25.00 or 3% of the balance still due, whichever is greater. This late fee will be incurred anew every 30 days past the original Order Agreement date and will be retroactive to the original signup date. The 2-week grace period will be forfeited from excuse or absence of the 30-day late fee period. If there is a balance due, every 30 days after the date of the signed Order Agreement, the client will incur a new late fee as specified above, which will be calculated based on the entire balance due at that point, including any previous late fees that are still unpaid. There are no refunds to website design services that have already begun. If you do not pay the balance in full, Cre8 My Site will continue to own the design that we created until your balance and late fees are paid in full.
Any balance due based on either the signed agreement or invoice sent via email is due upon receipt. Client may incur Late Fees for any balance still due after the given due date from Provider. Provider usually allows a 7-calendar grace period for most clients, but Provider reserves the right to waive that grace period for any reason at any time without any notice whatsoever. Please pay for Client's services and invoices the day they are due to avoid any late fees or interruption of service. If Client’s services and/or invoices are late to be paid for, Provider may suspend or permanently terminate services with or without any warning. If suspension of services occurs, Client understands that they may lose access to and possibly permanently lose creative rights to project work and services previously performed by Provider including but not limited to: website, creative, graphic and/or video design as well as any progress on search engines and any other marketing accomplishments previously made. Provider reserves the right to refuse services to Client for any reason and without prior warning and with no refunds offered for services previously paid for. If services are suspended for any reason, Client understands that Provider will charge a Reactivation Fee of at least but not limited to $25.00 or more. Client also understands that, if services are suspended and Provider chooses to reinstate Client’s services, Client may be required to pay all services upfront for the next 12 months in addition to any previous charges, including Late Fees, NSF charges, Reactivation fees and previously used or incurred services. If there is a balance due, every 30 days after the date of the signed Order Agreement, the client will incur a new late fee as specified above, which will be calculated based on the entire balance due at that point, including any previous late fees that are still unpaid.
If a payment (via check, ACH, credit card, or any other method) is returned or rendered invalid for whatever reason, Provider will charge the client a NSF fee of $35.00 or 3% of the total balance due on the full term of the agreement, whichever is greater, plus any other fees that are incurred via our financial institutions and payment processors in addition to any late fees that may be assessed to the client. NSF charges are billed separately than and in addition to any Late Fees. These fees may also be susceptible to late fees if not paid and will be calculated retroactively based on the date of the original order agreement. Client understands that, if one single scheduled or processed payment is returned or invalid for whatever reason, Client's account is deemed by Provider to be at "High Risk". If Client is considered at any time to be "High Risk” by Provider, Client agrees that any and all of the following are to be deemed and performed by Provider: suspension of any and all services agreed up between Client and Provider until full payment is made, including possible late fees, NSF charges and High Risk deposit, if deemed necessary by Provider; forfeiture of any and all rights to any discount previously given when Client signed up for Provider’s services; full charges to be implemented immediately for the total discount that was previously given; up to 12 months (total term of agreement) financial deposit to be debited from Client's financial account immediately via bank transfer, ACH, check or credit card for all services to be paid in advance to ensure Client’s account is financially up to date for the term of the agreement. It is solely up to Provider to deem how many months (up to 12) are warranted before continuing offering service for Client. If the deposit is not made, Client understands that services can and will be immediately suspended and could be terminated forever as well. Client also understands that Client could lose all design, data and information that Client had previously purchased upon being "High Risk" and/or not fulfilling the High-Risk deposit deemed necessary.
Any “trial” period offered by Provider to Client is for the term set in the agreement only. After this trial period is over, as deemed by agreement, Client agrees to pay the full retail cost of services agreed up. Client is able to cancel “trial” service and downgrade their plan (up to 50% of agreed upon value of monthly or annual payment) as long as they do so within the trial period agreed up. Downgrading from a trial period must be done before the trial period expires and must be given in writing (email) to: admin@cre8mysite.com This email must also be confirmed by our staff or support system auto-reply as being received. If you wish to receive a trial period, you must request one via email at admin@cre8mysite.com, and Cre8 My Site will determine if you are able to have a trial period. Request of trial periods are not guaranteed, meaning that the Provider reserves the right to offer a trial period.
Provider's Facebook advertising manager account (usually referred to but not always referred to as "Cre8MySocial") must be made an admin (administrator) and must remain an admin on Client's business Facebook page at all times of use of our services, while under contract agreement with us and while payment is still owed for services rendered, including past due or payment failure fees. By signing the agreement and/or making us an admin, Client authorizes Provider and its staff to do the following on Client's business' behalf: post, comment, communicate with Client's visitors and/or Clients, setup replies, auto messages, create videos, photos, ads and any other digital content through social media. Client also authorizes Provider to edit Client's Facebook business page settings including but not excluded to: settings, people, page roles, design look, business details, buttons, links, publishing and/or un-publishing of the Facebook page itself as well as all other admin privileges as allowed through Facebook. Client agrees that Provider will have such admin rights and privileges until Client's contract term is fulfilled and Client's account balance has been paid in full. Client agrees to allow Provider to post as well as publish or un-publish the Facebook business page if Client is considered "High Risk", as defined in this document. This partnership is a cooperate effort and can only fulfill its goals of potentially growing Client's business and/or profits if we work together. Client agrees to do Client's part to make sure Client's account is always in good standing so Client's online presence, social media accounts, etc. do not suffer loss, need to be un-published, lose visibility and/or content. Client agrees that Provider is not responsible to keep records of Client's Facebook, website or any online information, content, graphics, likes, performance updates, etc. and that this is solely Client's responsibility.
Any website or digital content layouts provided or chosen are considered "expired" after 60 days of the signed contract date. Any account that has not paid the full balance due (including any late fees that have incurred) within 2 months (60 calendar days) of the original signed contract date will forfeit their initial design deposit or any amount paid at that point for layouts and any other service requested. After 60 days without full payment of the entire balance due of the signed Order Agreement, Provider will require an additional $99 fee to provide the same or a different layout in addition to the account balance, including any late fees that have incurred. If client changes their mind at any point in the web design timeframe (web design phases), no refunds are allowed or given for any amount of deposit or money paid and the client will still owe the remainder of the amount due based on the agreed signed contract, even if they decide to no longer go forward with the website they originally agreed upon.
All sites will begin design once a deposit of 50% of the contracted price has been paid. All sites will be made live to the public once the remaining balance of the contract price has been paid in full.
Any money paid for services is non-refundable, as non-tangible work is performed for client per the Order Agreement. If client does not wish to continue using services within the website design building process, or within the first month of service agreed upon with the signed Order Agreement, client forfeits any and all rights to any amount of money that has been paid up to that point. Client may not cancel this agreement. If client stops to use services that were signed up for, changes their mind or refuses to allow Provider to continue to have access or perform services, Client is still responsible to fulfill payment(s) for the entire term of the agreement. We have a strict “no refund” policy. After the time of the agreement, services continue on a "month to month" basis and charges will continue to incur and invoices will continue to be sent until formal cancelation is made via an official request via email, and or text message, and or both. A voicemail will not constitute an OFFICIAL REQUEST.
Client understands that this is an estimate for online services to our previously agreed upon website design order agreement. For the order estimate total listed in our Agreement, Provider agrees to provide online services according to the terms of the signed agreement and/or the terms of this page (both above and below this section and including any future updates herein). Client understands that Provider does not guarantee a time-frame for completion of services but generally they are to be done within a 90-day period after full payment has been received. Provider will supply a URL to a “Live Preview Link” or a live website via Provider’s support system and/or current Project Management system. It is the Client’s sole responsibility to properly login and check via Provider’s support system and/or current Project Management system and verify that they have received a copy of this link. Provider makes no guarantee that Client’s email will work properly to receive such information. Provider does not guarantee in any way that the design work and/or services paid for will be saved nor backed up whatsoever. Client understands that this design will include 2 minor updates (as Provider defines) as long as they are suggested prior to layout approval, as defined by the Support Desk ticket status and/or Project Management system update. Any additional work, web pages or “major” updates (as defined by Provider) to the site past this agreement will be billed independently. Some plans and packages offer "content updates", which are understood to be up to 2 minor updates to the website text and/or photos. “Major updates” such as additional pages, changes to design, graphics & more detailed updates and/or changes are not handled through the original design project, signed agreement, nor are they included in any management & marketing plan. Major updates to the design will be billed additionally and separately from the original agreement/estimate as well as invoiced independently of that agreement. The full balance of the signed agreement is due in full within 2 weeks (14 days) of the date written or printed on the agreement.
The individual signing the agreement on behalf of Provider (Contact) represents and warrants that he/she is authorized to sign as the decision maker (owner, officer, partner) of Client’s business entity & that he/she is empowered to legally bind themselves and Client’s business entity to the Terms & Conditions contained in the agreement & has read & agrees to abide by all terms of service found at: https://Cre8mysite.com/client-agreement
By signing up and/or using our services, Client understands that Provider may alter and change the Terms & Conditions (terms of service) at any time, for any reason and without notice to Client. Client agrees to all terms of service and will abide by the future changes of our terms of service even if they are altered in the future. Client understands that Provider must evolve and/or change terms of service on a continual basis due to the nature of services that are provided.
By signing up and/or using our services, Client authorizes Provider to manage their online listings; including but not limited to: search engines, local listings, social media and others. Provider does not guarantee listing information will be correct nor online, especially with so many 3rd party dynamics involved. Certain packages and plans include different online listing work but not all include these. It is the client's (Provider's) sole responsibility to fulfill obligations on their part to ensure proper and timely listing online. This may include giving Provider codes, usernames, passwords, and other information between 3rd parties, client and Provider. Some 3rd parties may text, email or even mail documentation and codes that need to be given and relayed to Provider in order for us to properly perform some services. Provider agrees to do all of these things to ensure proper service can be given. If Provider refuses to and/or neglects to do such obligations and requests, Provider may not be able to perform some services that Provider paid for and offers no refund in such a case. Because the layout, content and website design & services are built using our & our partner's software, servers & tools; all websites, designs, databases & any other product serviced by Provider are forfeited upon termination of service with our Provider. We do not offer tangible website design work that can be downloaded and used on other servers, hosts or website companies. Client pays for services to be used exclusively with our Provider and us alone. If client chooses to no longer use our services, that client will lose all rights and usage of the website design, software, tools, domain names, and anything else associated with Client's account.
By signing up for and/or using Provider’s services, Client agrees to a minimum of 12 months of service to be paid for in advance, prior to rendered service either by our monthly, annual or Life Site plan. Failure to pay account dues prior to the next service term (monthly or annually) may result in account suspension or possibly deletion without warning or backup of any design or services rendered. Provider reserves the right to refuse service to any person or business without warrant or explanation. Provider does not guarantee website uptime in any way and give no promise to continue service with any client. If the account is deleted or service is stopped due to non-payment, neglect, or for any other reason, all website design materials and property may be lost irrevocably. It is solely up to Client to download, backup and save any design, data, graphics, databases and/or services on their own. Provider does not promise to keep nor maintain these for Client.
Client understands that Provider changes plans and package names and details at will and not in connection with previous plans, packages and services; even if the new name of such plans, packages and/or services are similar or even the same as previous ones. As an example, Provider may offer a “Deluxe” package one month that includes SSL (website security) as part of the software service included in that package; but the following month, Provider may consider the new “Deluxe” package to not include that. Each package, plan or software is only considered good, valid and inclusive of services per the time (exact date) that Client originally signed up for that package, plan or service and whatever was included at that time. Client also understands that Provider reserves the right to alter or change the previously agreed upon package, plan or service at any time, for any reason and without notice to Client. All services, software and features of a package, plan or service is subject to change without warning or notice and Client understands that and agrees to abide by whatever Provider changes the plan to, even if that means a loss of service(s) and/or features previously agreed upon or included.
Provider makes no promises that any 3rd party software and/or services from another company that Client has used or intends to use will continue to work or be accessible. Client understands that services such as domain names, email and any other software or service previously used or signed up for may no longer be accessible or useable upon signing up for and/or using Provider’s services. Client understands that it is solely Client’s responsibility to ensure that these other 3rd party services are backed up and made useful. Client agrees to use Provider’s services at Client’s own risk and might have previous service lost as a result. Client understands that Provider does not support nor help with any other company, software nor service for Client. To put it plainly, it is not Provider’s responsibility to manage your GoDaddy account settings or whatever other previous or desired 3rd party software or service you choose to work with. It is solely up to Client to work with the other company’s support to ensure they work well with Provider’s system and Client will handle 100% of that responsibility and service needs.
Additional SEO Services are to be paid on a month-to-month direct debit basis and for a minimum of 3 months.
All other services including but not limited to logos, marketing materials, design are to be paid for prior to completion and will then be delivered to Client digitally either in Client's site “images & content” section or by email. However, depending on the complexity, Provider reserves the right to request either 50% deposit or 100% payment on these works prior to commencing the development.
Failure of direct debit payments, or prompt PayPal Payments to Invoiced Services to Provider for any and all services will result in Provider considering Client to be at "High Risk". Provider is not required to contact the Client to rectify this, as it is Client's responsibility to ensure this is taken care of. A notice to rectify Client's payment situation and make the account in right standing again may be made by Provider via phone call, email, support, Facebook etc. However, Provider is not required to do so. The client is responsible to make sure their contact information is kept up to date for billing purposes. If the account goes unpaid more than 1 day, Provider may, without any further notice other than these terms of service, place Client's account in a suspension period where it is unavailable for public viewing. Client’s usage, features, access & tools may be suspended as well. If the payment situation is not rectified within this suspension period of which Provider may choose the timing, beginning and final conclusion of, Client's account as well as Client's website, menu or any and all services may be terminated without any further notice. This may result in a complete loss of Client's website and/or menu design, and any materials, information, products and offerings stored and/or utilized in our services.
Provider believes in treating each other (both clients and providers of service) with dignity, honesty and respect. Provider believes that the Client is not always right. If Client treats any of our staff with disrespect, verbal or written abuse or what is deemed as rude conduct, we will either respond in kindness and be professional, advise Client to present yourself and/or your comments differently, or ask Client to "play nice”, meaning we will ask Client to furthermore communicate in a more positive and affirming way. We also reserve the right to terminate business and services with Client at any time, for any reason and without refund of payment for past, present or future services. We have a strict "No Refund" policy.
Client understands that they are to use; and Provider will use our current Support and/ or Project Management system as the main source for support and billing questions and resolutions. Provider makes no guarantees that a website or any other of its products or services will increase Client's business, gives a higher search engine ranking, increase revenue; nor cure Global Warming, the Common Cold nor create World Peace.
Any deal, discount or coupon given for certain association membership or information or conversation spoken, typed or written to lead us to believe that Client is a current member in good standing with such an association will need to be verified after signing agreement. If verification documentation and proof is not supplied of such good standing affiliation as well as confirmed with the association within 1 week (7 calendar days) of contract signing, Provider has the authority to remove the discount and charge the Client the difference immediately for the discount or deal given. Client agrees to be charged and debited for the discount that was given if proof is not supplied with that first week of the agreement signature. No discounts are given to "High Risk" clients, as defined in this documentation. Any previously given discount will be retracted and charged to the Provider and/or Client.
Clients signing up for "Restaurant Services", restaurant online menu and/or online ordering services agree to any and all of the above which pertain to their menu and ordering services as well as general legal, billing and policy terms of service stated above.
Agreements are for 12 months of service to be paid monthly. After 12 months of service, the contract will continue until canceled by Client or Provider through the support desk. Payments are scheduled for monthly debits via e-check or credit card unless Client defaults on a monthly payment, to which the full and entire annual balance is due immediately. Client authorizes Provider to debit their financial institution via e-check or credit card for all services.
Should you ("The Client") choose to move your website to another host or platform, you will be billed an additional $199.00 Exporting Fee, in which you will receive every file associated with your website to provide to your new host/developer. To the extent there is a contradiction between these Terms and the Life Site Program Terms, these Terms shall control.