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Terms of Service

Web2Creative will deliver the products and services proposed in the Scope and Deliverables sections of the proposal. In return, Client agrees to pay Web2Creative the amounts identified and/or selected in the Cost and Terms section of the proposal.

Project is divided in several stages. Each stage must be completed before work on the next stage may begin. A stage is considered completed when the client signs off on the work and/or deliverables assigned to that stage.

Review and Feedback
Web2Creative may deliver work-in-progress to the client for review and approval. The client agrees to provide a prompt feedback within 24 hours to the work in progress presented. Absence of, or delayed feedback may result in delayed project delivery and additional charges.   

The client is entitled to one free revision of the materials provided by Web2Creative if the feedback is provided within the stipulated timeframe. An absence of the feedback within the stipulated time frame implies approval and forgoes of the rights to the free revision. Revisions of the content provided by the client, or a third party selected by the client, are subject to additional charges.

Project Completion
A project is considered completed when the client has signed off on the project, has made the final payment, or 15 days after the client has received the final product or service but has not signed off.

Errors and Omissions
It is the client’s ultimate responsibility to thoroughly review the work in progress and final product or service before approving it. Web2Creative will do its best to identify and eliminate any content-related errors and omissions. However, Web2Creative is not responsible should any such error or omission go undetected and become a part of the final materials.

Web2Creative will correct free of charge any content related issues and technical issues related to codes and functionality of electronic media components that have resulted from Web2Creative oversight for 30 days after the project completion.

The client agrees to indemnify and hold harmless Web2Creative from any loss, expense, and damages arising out of violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks, or graphical work supplied by the Client or endorsed by the Client.  

Intellectual Property Rights
Web2Creative will retain all the rights to the development components of the materials it has created and the presentation rights for demonstration purposes to all products delivered to the client. The client will retain the intellectual property right to the products and services listed under Project Deliverables.

The copyright for any creative concepts and copy I develop shall be automatically transferred to you upon full payment of applicable invoice.

Staying on schedule is essential in the production process. Web2Creative makes every effort to deliver the project on time. In the event of a significant delay in production caused by the client, Web2Creative maintains a discretionary right to charge the client a $250 monthly retainer fee for each month the project completion is being extended.

Payments Schedule
Unless specified differently in the proposal, a 50% of the Project Estimate’s Total is payable to Web2Creative as a Down Payment before the project can begin. The remaining balance is payable in a form of Final Payment upon delivery of all items listed in the Project Scope. The Final Payment is due upon the launch approval and before the website goes live. Late payments may result in production delays, late fees and termination of services.

Events of Default
In the events of payment delay, late payment fees apply. Late fee consists of $25.00 flat rate plus 25% APR on the amount owed. The interest is assessed and accrued on a monthly bases. The assessment of the late fees will begin accumulating on the date the invoice was issued but will be forgiven if paid within the grace period of 30 days. After 90 days, the balance due will be handed to a collection agency.

The refund will be given for any prepaid but unused service time. Items such as Stock photography, music, web hosting, domain names, statistical packages and software, etc. will not be refunded due to their non-refundable nature.

Search Engine Disclaimer
Web2Creative has no control over rankings and appearance of any website in search engines and will under no circumstances guarantee the site placement

Disputes and Governing Law
All disputes between Web2Creative and its clients, that cannot be resolved through negotiations, will first tried to be resolved through mediation in St. Louis, MO. This agreement will be governed by and construed in accordance with the laws of the State of Missouri. All parties agree that any action or dispute arising out of the agreement will be brought in the state of Missouri and in the county where Web2Creative maintains its principle office. The party at loss will be responsible for covering all legal costs for all involved parties.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.