OVERALL STATEMENT:
This contract ("Agreement") is entered into between Cre8 My Site ("Company") and the undersigned client ("Client"). By signing this Agreement, Client agrees to the following terms and conditions:
To be completely honest, we hate that we must post any terms of service or "fine print" at all. However, in the age that we are in, we unfortunately feel it is necessary. We rarely ever must point to or enforce anything in this document and honestly prefer not to either. This document is not intended to limit or take advantage of any of our treasured clients. We simply have this document for anyone who might try to take advantage of us as a company in such a sue-happy culture. We are an old-fashioned local company with old-fashioned values.
We care about the local business owner and believe giving your word and a handshake should still be enough to build trust. Sadly, in today’s society, we realize that not everyone upholds their integrity in business anymore and so we are forced to cover almost everything to the extreme in this document. To sum it all up, be fair to us and we will be fair to you.
We want to build you an amazing website that will hopefully help you get ranked higher on search engines and/or make your visitors enjoy their experience when they visit your site to the extent that they are more apt to do business with your company. The hope is that this will greatly increase your profits and you will appreciate your partnership and agreement with Cre8 My Site.
Services Provided
Cre8 My Site agrees to provide the following services only if your monthly plan allows for them, if not; then Cre8 will only provide the services listed out in your plan:
- Website design
- Website development
- Website migrations
- Various types of digital marketing
- Hosting (through our website platform)
- Security (through our website platform)
- Website Updates (hours based on the plan the client has or a flat rate if the client chooses to host their own website)
Payment Terms
The Client agrees to pay a starting investment as outlined in the project agreement, followed by recurring monthly payments for hosting, maintenance, or other ongoing services. All payments will be processed securely through a third-party payment processor (e.g., PayPal, Stripe). Cre8 My Site does not directly collect or store credit card information, in order to protect both parties from liability related to handling sensitive financial data.
Monthly auto-payments will begin on the website launch date and will continue on the same calendar day of each month thereafter unless otherwise specified in writing. These payments will recur until the Client provides written notice of service cancellation, with a minimum of 15 days' advance notice required.
If a payment fails (e.g., due to an expired card, insufficient funds, or a declined transaction), our payment processor will attempt to collect payment up to three (3) times over a 3-day period. If payment is still not successful after this grace period:
- Cre8 My Site reserves the right to immediately suspend all services, including but not limited to website hosting, email forwarding, and any active digital marketing campaigns.
- The Client will be required to provide updated billing information and pay the outstanding balance in full before services will be reinstated.
If the Client opts for monthly invoicing instead of auto-payments:
- Invoices will be issued on the 1st of each month and are due no later than the 7th of the same month.
- Failure to remit full payment by the due date will result in:
- A late fee of $35 or 10% of the overdue amount (whichever is greater);
- Immediate suspension of services, including deactivation of the Client’s website and/or associated digital assets;
- Reinstatement only after the full invoice amount, plus any applicable late fees, has been paid.
By engaging Cre8 My Site, the Client acknowledges and accepts that non-payment or repeated late payment constitutes a material breach of agreement, and that Cre8 My Site is fully within its rights to suspend or permanently remove any hosted content or digital services until the account is brought current. All intellectual property, design assets, and access credentials remain the property of Cre8 My Site until payment is made in full, unless otherwise stipulated in a signed agreement.
Failure to comply with this payment policy may result in permanent removal of the Client’s website from the internet and may be referred to collections.
Revisions
Upon completion of the website, Client is entitled to one round of revisions. These revisions are limited to small changes that do not require significant layout modifications, the addition of new pages, or custom coding. Revisions should take no more than two hours to complete. If additional time is required, an additional fee may be incurred.
Copyright and Trademark
The client represents to Cre8 My Site and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to Cre8 My Site for inclusion in web pages 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, and defend Cre8 My Site from any claim or suit arising from the use of such elements furnished by the client.
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of any content provided by you (the client). Cre8 My Site cannot be held responsible for any trademark, copyright, or IP (intellectual property) infringement. If we are approached by anyone claiming such claims, Cre8 My Site will have no choice but to remove all content in question from the site until you (the client) can dispute the case and provide proof of ownership.
Ownership and Intellectual Property
The website and all associated intellectual property will be owned by the Client. However, as Cre8 My Site does not charge a standard design fee, the Client must remain a customer of Cre8 My Site for a minimum of one year before they can transfer their website to another provider. If the Client wishes to leave before the end of this period, an Export Fee will apply. After one year, no Export Fee will be charged, and Cre8 My Site will provide all files and code to the Client at no additional cost. The Client acknowledges that the website is built on the Duda platform, and the exported code may require the assistance of a developer to function correctly on another platform. Cre8 My Site will not provide support to any third-party developers or platforms.
Updates
Client Access and Responsibility Clause
Cre8 My Site does not allow clients to edit or update their websites directly to ensure the integrity and functionality of the website is maintained. This policy helps prevent potential errors or damage. However, if a client wishes to have access to host and edit their own website, they will be subject to a higher design fee (one-time fee broken down into payments) and will not have a monthly fee to Cre8. Instead, they will be billed at an hourly rate for any services they may require from us. This hourly rate starts at $85/hr and is capped at $125/hr, depending on the complexity of the edits or changes needed.
If the client opts for a monthly plan, it will include a set number of hours per month for changes to the website. These changes are limited to images, content, and simple design modifications. Any requests for new pages or significant design layout changes will be evaluated at Cre8’s discretion, and additional charges may apply based on the rates mentioned above. Update requests must be submitted through the form collection available on our website.
Client Responsibility for Self-Hosted Websites or Access to Cre8 Hosted Websites:
Should the client choose to have access to their website to make edits or updates, the client acknowledges and agrees that they are solely responsible for any damages or issues that arise from such changes. Cre8 My Site will not be held liable for any errors, damages, or disruptions caused by client edits. Additionally, if any issues occur that require intervention or repairs by Cre8 My Site or our providers, the client may incur an hourly fee based on the rates stated above. This fee will be determined by the nature and complexity of the required repairs.
By choosing to have direct access to their website, the client accepts full responsibility for all modifications and understands that any necessary repairs or technical support will be charged at the prevailing hourly rate.
Confidentiality
Both parties agree to maintain the confidentiality of each other's proprietary information. The Client agrees not to disclose any details about Cre8 My Site's tactics, prices, software, tools, or other sensitive information to third parties. Similarly, Cre8 My Site agrees not to share any details about the Client or their business with anyone outside of Cre8 My Site, its partners, or contractors.
Termination
If the Client wishes to cancel their services, they must provide 30 days' notice via email to both admin@cre8mysite.com and cre8mysite@gmail.com. If services are canceled in the middle of a billing period, an additional charge may be applied, depending on the timing of the cancellation.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Tangipahoa Parish in the state of Louisiana, United States.
Client Responsibilities
We’re thrilled to have you as a client and want you to know that we’ll welcome you with open arms. At Cre8 My Site, you can expect to be treated with the respect and kindness you deserve. We take pride in offering a level of professionalism that we believe is unmatched in our industry, and we’re here to assist you in almost any way we can.
That said, there are a few things we don’t do:
- We don’t work for free.
- We don’t perform miracles.
- We don’t solve problems for free that you’ve created.
- We don’t guarantee specific results (like getting to page one on Google—if anyone promises that, don’t just walk away, run away!).
- We never speak negatively about our clients or our partners.
While we’re dedicated to doing what we can to keep you happy and deliver the results you want, we also need you to understand that we operate on mutual respect. We don’t work under demands, allow our timeframes to be dictated, or tolerate any negativity towards our team, contractors, or partners. We expect the same respect and kindness we show you. If this isn’t maintained, we may need to part ways, and no refunds will be issued.
A Few Things We Ask of You as a Cre8 Client:
We deeply appreciate your business and look forward to working with you. We understand that sometimes things don’t work out, and that’s okay. If you’re not happy, we’re open to discussing how we can improve or, if needed, part ways amicably.
As a client, we ask that you please:
- Keep pricing discussions private: The price you pay may differ from others due to the complexity of your project. Discussing this could create tension between Cre8 and other clients, so we ask that you avoid sharing this information.
- Treat our team with respect: Any negative, rude, or defamatory comments towards our employees, partners, contractors, or anyone acting on behalf of Cre8 My Site will result in the termination of our services, with no refunds.
- Maintain a positive image of Cre8: Please refrain from speaking negatively about Cre8 My Site on social media, in reviews, or in any public forum. This includes social media posts, videos, or Google reviews. If you’re unhappy, we ask that you come to us directly so we can work together to resolve the issue.
- Ensure smooth and effective communication to prevent delays in service.
- If we have a request from you, please respond in a timely manner, and we will do the same.
Please understand that we, just like you, have a job to do and have families. There may be extenuating circumstances that result in delays, and we completely understand. Just try to be as transparent with us as we will be with you.
Third-Party Software
You as the client understand that Cre8 My Site uses 3rd party platforms to complete your request. You agree that you; the client shall indemnify, defend, and hold harmless Cre8 My Site should any issues arise with any of these platforms at any time. These issues could create downtime on the website, or the digital marketing campaigns that result in the loss of income for your business. You agree to hold Cre8 My Site harmless for these losses, and to pursue corrective action with the platform itself. Cre8 My Site cannot control the aspects or performance of these 3rd party platforms.
Should anything happen with any of these platforms and cause you monetary damages, you understand that Cre8 My Site is not responsible for paying those damages back to you. You can request vendor information from us with the main platform being used, and then you can communicate between yourself and said platform to find out which services they offer is the cause of the issue and how they plan to rectify the situation. This could mean you will need to discuss further actions with their legal department on how they plan to resolve the issues for you. You understand that Cre8 My Site cannot control these platforms' performance and we are simply utilizing the services to help you with your services.
Privacy and ADA Compliance
Privacy – Terms of Service - Disclaimer
All websites will have a standard Privacy Policy, Terms of Service, and Disclaimer. These policies will be provided as part of your monthly plans and come from our partners at Termageddon. We will set up and establish all these policies for you, or you can request to speak directly with Termageddon to have these set up on your own.
Cre8 My Site is NOT A LEGAL entity, and we cannot offer any type of legal advice when it comes to the privacy of your website. We are simply offering a solution that we offer to all of our clients. It is YOUR (the client’s) RESPONSIBILITY to ensure the proper policies and privacy statements are on your website. It is recommended to use a Privacy Lawyer for your website, and we are okay with adding the policies they create for you to your website. Choosing not to use Termageddon solutions will not decrease your monthly amount. You may be required to pay a one-time fee for installing your policies from your Privacy Lawyer (one-time fee is at our discretion).
ADA Compliance
A.D.A is the Americans with Disability Act of 1990 and it is required that your website follows the requirements of this act. Cre8 My Site will offer as part of their plan an Accessibility Widget that we will set up and install on your website. Please note, that the widget to the best of our knowledge will not make your site 100% compliant, it is merely a tool we offer. Cre8 My Site is not a legal entity and we cannot offer any legal advice when it comes to the accessibility of your website. We are simply offering you tools that we offer to all of our clients. It is your (the client’s) responsibility to ensure your website is conforming to the ADA requirements and standards.
You agree not to hold Cre8 My Site responsible for any legal issues that may arise from your website's Privacy or ADA compliance. You agree that you have been informed that seeking professional legal help is the best solution for your website, and that should any legal issues cause a financial burden on you, or your business that Cre8 My Site cannot be held responsible for those issues.
Indemnification
The Client agrees to indemnify and hold harmless Cre8 My Site from any and all claims, liabilities, damages, and expenses, including attorney's fees, arising from issues with the website, third-party software, or failure to comply with any regulations or laws.