Web Development Policies & Terms
- Websites created by Creative will have the statement “Website developed by Creative” placed at the bottom of at least the home page (unless other arrangements are made between both parties at the beginning of project).
- Creative reserves the right to include in our portfolio any projects created or developed by us.
- Text content will be provided by client as final drafts ready for publication and in digital form. Graphic content will be provided by client in an orderly manner and clearly labelled as to desired use on site. These website source materials must be provided before the second stage, the beginning of website construction (1 month). Website content submitted after this will incur the normal fee.
- Creative will maintain the confidentiality of client’s source materials, technical and marketing plans and all other sensitive information.
- Upon full payment of all invoices due, copyright to page designs produced by Creative for client shall belong to client. Secondary materials created by Creative during production, including drafts, plans, graphic source files, and templates, remain the sole property of Creative unless other arrangements are made.
- Creative may use qualified subcontractors if required under our supervision for any work on projects.
- Images for use on the site are to be provided by the client or can be billed at an extra cost.
- Software licenses required for the development of the site are license to the client and therefore any expense incurred is billed to the client.
Refund Policy on Monthly Services
Monthly services such as SEO, Marketing and Website hosting are generally paid in advance on a monthly basis.
Refunds may be honoured solely at management discretion and is approved on a case to case basis only.
In the event a refund is required, provided store credit or other services are inappropriate to the situation, refund requests must be communicated to your assigned Project Managers in writing. The approval process takes 3 business days and a refund is issued within 15 days via the client’s original method of payment
Under this policy:
- Generally due to the nature of our work, we do not assure any refunds upon cancellation.
- If refund is made, we would debit the amount for the work already completed, and for the work in progress.
- Taxes paid on services to regulatory bodies will not be refunded.
- No refund will be issued to cancellations due to violations of signed agreements with the company (such as a violation of the non-disclosure agreement or SLA.
- No refund will be issued due to delayed execution of projects arising from client delays in communication
Refund Policy on Website Projects paid in total before commencement
Prior to work commencing:
You will be eligible for a complete refund of your project value if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your website project and request a refund.
Once work has commenced:
Once we have commenced work on your project a partial refund may be available to you. Any request for a refund, or partial refund, must be made in writing. Your refund will be calculated by deducting costs associated with work undertaken by Creativ Digital (charged at our current hourly rate) and/or expenses incurred by Creativ Digital relating to your project up to the date of cancellation. We will provide you with a ledger of work completed, and/or expenses incurred, to justify the refund (if applicable) you will be paid.
Work undertaken on your project may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Creativ Digital, the commencement of wireframes/prototypes by Creativ Digital for your project, the development of a design concept(s) by Creativ Digital for your project, the sourcing of imagery for your project, time spent on strategy for your website, internal discussions by our staff relating to your project, the allocation of future staffing resources in response to your project sign-off and any time spent building and/or coding your website. Expenses incurred may include the purchase of stock imagery, the purchase of third party technology products and/or services for your project as well as other, reasonably incurred expenses in building your website.
Refund Policy on Website Projects with a staged payment structure
Prior to work commencing:
You will be eligible for a complete refund of your 50% deposit if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your project and request a refund.
Once work has commenced:
Once we have commenced work on your project no refund is available on the 50% deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Creativ Digital, the commencement of wireframes/prototypes by Creativ Digital for your project, the commencement of design concepts by Creativ Digital for your project and other work undertaken by Creativ Digital in relation to your project.
Limitation of Liability
- Creative will not be liable for indirect, special or consequential damages, or any loss of revenue or profits, arising in connection with the projects that we developed.
- Client is solely responsible for the editorial content of the material included on its website. Accordingly, client agrees that it will defend and indemnify (hold harmless) Creative from any suit, demand, or claim resulting from the editorial content of the website. Unless Creative is contracted to create specific website content.
- Client represents to Creative and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Creative for inclusion in client’s web site are owned by client, or that client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Creative and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
- Creative will set up web hosting for client with a professional hosting company known to be reliable. However, Creative makes no guarantees as to minimum “uptime”, nor shall Creative be held responsible for any direct, indirect, special or consequential damages resulting from possible lapses in hosting services. Such possible damages include any lost profits or business interruption or loss of digital data.
- Creative will not be liable to client or to any third party for any damages arising from the use of web site.
All digital and non-digital materials supplied by the client to Creative for project development must be, either owned by the client or given copyright permission for publication. Creative is not responsible for copyright infringements found on these materials.
Cancellation of project development
A request to cancel project must be made in writing to Creative and include the signature of the authoritative client. Creative will charge for the number of hours accumulated in project development before the cancellation request is made.
Pause in project development
A request to pause project development must be made in writing to Creative and include the signature of the authoritative client. The delay will not exceed a period of 30 days. Unless other arrangements are made between both parties, Creative will assume any delay requested by the client that exceeds the 30-day period a cancellation, and hence will charge for the number of hours accumulated in project development before the request to pause is made.
Creative reserves the right to change/update policy, services, and prices without liability. If you have any questions regarding Creative’s Design policy please contact us.