Terms of Service

1. Agreement to Terms

Welcome to Creativex. These Terms of Service ("Terms") govern your access to and use of our website, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use of our Services constitutes acceptance of any changes.

2. Description of Services

Creativex provides professional digital services including but not limited to:

• Web Development and Design
• Mobile Application Development
• UI/UX Design Services
• Brand Identity and Graphic Design
• Digital Marketing Solutions
• Content Creation and Strategy
• Custom Software Development
• Consulting and Technical Support

The specific scope, deliverables, timelines, and pricing for each project will be outlined in a separate Service Agreement or Statement of Work (SOW).

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Information

When you register for an account or engage our Services, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Security

You must immediately notify us of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account information.

4. Client Responsibilities

When engaging our Services, you agree to:

• Provide timely and accurate information, materials, and feedback necessary for project completion
• Respond to our communications within reasonable timeframes
• Ensure you have the necessary rights to any materials you provide to us
• Comply with all applicable laws and regulations
• Make payments according to agreed-upon terms
• Not use our Services for any illegal or unauthorized purpose
• Not interfere with or disrupt the integrity of our Services
• Not attempt to gain unauthorized access to our systems

5. Payment Terms

5.1 Pricing and Fees

All fees and payment terms will be specified in your Service Agreement or invoice. Prices are subject to change with notice, but any price changes will not affect orders already placed.

5.2 Payment Schedule

Unless otherwise agreed in writing, payments are typically structured as follows:

• Initial deposit upon project commencement (usually 30-50%)
• Milestone payments during project execution
• Final payment upon project completion and delivery

5.3 Late Payments

Payments are due within the specified timeframe. Late payments may result in:

• Suspension of work until payment is received
• Late fees of 1.5% per month on outstanding balances
• Collection costs and legal fees if necessary
• Termination of Services

5.4 Refund Policy

Refunds are handled on a case-by-case basis and depend on the stage of the project. Generally:

• Deposits are non-refundable once work has commenced
• Refunds may be considered for work not yet performed
• All refund requests must be submitted in writing
• Refund decisions are at the sole discretion of Creativex

6. Intellectual Property Rights

6.1 Client Materials

You retain all rights to any materials, content, or information you provide to us. By providing such materials, you grant us a non-exclusive, worldwide, royalty-free license to use them solely for the purpose of delivering the Services.

6.2 Deliverables

Upon receipt of full payment, you will own the final deliverables specifically created for you as outlined in the Service Agreement. This ownership transfer includes:

• Custom designs and artwork created specifically for your project
• Website or application code developed for your project
• Final approved content and materials

6.3 Creativex Property

Creativex retains ownership of:

• Pre-existing materials, templates, and frameworks
• Development tools, methodologies, and processes
• Preliminary designs, sketches, and concepts not included in final deliverables
• Any proprietary technology or intellectual property developed independently

6.4 Third-Party Assets

Any third-party assets (stock photos, fonts, plugins, etc.) used in your project are subject to their respective licenses. You are responsible for obtaining and maintaining any necessary licenses.

6.5 Portfolio Rights

We reserve the right to display completed projects in our portfolio, marketing materials, and case studies unless you explicitly request confidentiality in writing.

7. Project Timelines and Deliverables

7.1 Estimated Timelines

Project timelines are estimates based on the information available at project commencement. Actual completion dates may vary due to:

• Scope changes or additional requirements
• Delays in client feedback or approval
• Unavailability of required materials or information
• Technical challenges or unforeseen complications

7.2 Revisions

The number of revision rounds will be specified in your Service Agreement. Additional revisions beyond the agreed scope may incur additional fees.

7.3 Client Delays

If project delays are caused by client inaction or unavailability for more than 30 days, we reserve the right to:

• Charge additional fees to resume work
• Renegotiate timelines and deliverables
• Consider the project completed in its current state
• Terminate the agreement and retain all payments made

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. However, we do not guarantee specific results or outcomes.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Accuracy, reliability, or completeness of content

8.3 Third-Party Services

We may use or recommend third-party services, tools, or platforms. We are not responsible for the performance, reliability, or policies of these third-party services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVEX SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services or goods
• Damages resulting from third-party actions or services
• Damages exceeding the total amount paid by you for the Services in the 12 months preceding the claim

This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Creativex and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Materials or content you provide to us
• Your breach of any representations or warranties

11. Termination

11.1 Termination by Either Party

Either party may terminate the Service Agreement with written notice if:

• The other party materially breaches these Terms
• The other party becomes insolvent or files for bankruptcy
• Mutual agreement is reached

11.2 Effects of Termination

Upon termination:

• You remain responsible for all fees incurred prior to termination
• We will provide work completed to date, proportional to payment received
• All rights and licenses granted to you will immediately terminate
• Provisions that by their nature should survive termination will remain in effect

11.3 Early Termination by Client

If you terminate the agreement before project completion, you agree to pay:

• All amounts due for work completed
• A termination fee equal to 25% of the remaining contract value
• Any third-party costs already incurred on your behalf

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement. This obligation includes:

• Not disclosing confidential information to third parties without consent
• Using confidential information only for the purposes of providing/receiving Services
• Taking reasonable measures to protect confidential information
• Returning or destroying confidential information upon request

This confidentiality obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiations for at least 30 days.

13.2 Mediation

If informal resolution fails, the parties agree to attempt mediation before pursuing legal action. Mediation costs will be split equally between the parties.

13.3 Arbitration

Any disputes not resolved through mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English in the jurisdiction where Creativex is located.

13.4 Legal Action

If arbitration is unavailable or unenforceable, disputes will be resolved in the state or federal courts located in the jurisdiction of Creativex's principal place of business.

14. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to:

• Natural disasters, pandemics, or acts of God
• War, terrorism, or civil unrest
• Government actions, regulations, or restrictions
• Labor disputes or strikes
• Internet or telecommunications failures
• Supplier or vendor failures

The affected party will notify the other party promptly and make reasonable efforts to minimize the impact.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any Service Agreement and our Privacy Policy, constitute the entire agreement between you and Creativex regarding the Services.

15.2 Amendments

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified via email. Your continued use of our Services after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

15.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

15.6 Governing Law

These Terms are governed by the laws of the jurisdiction where Creativex operates, without regard to conflict of law principles.

15.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

16. Contact Information

If you have any questions about these Terms of Service, please contact us: