Terms and conditions
The following Terms of Service (the “Agreement”) is entered into between Creative Growth Agency, LLC (“Agency”) and Client (together referred to as the “Parties”). This Agreement governs the performance of marketing and creative services (the “Services”) as described in the selected package option, which automatically renews on a monthly basis.
1. Definitions
1.1 “Agreement” refers to this entire document and any additional schedules, exhibits, or payment links referenced and incorporated by reference.
1.2 “Client Content” refers to all information, photography, writings, designs, or materials provided by Client for use in the Services.
1.3 “Copyrights” refers to the rights in original works of authorship, as defined under U.S. Copyright Law.
1.4 “Deliverables” refers to the services and work products provided by Agency to Client, as outlined in the selected package.
1.5 “Agency Tools” refers to the tools, software, and systems developed or used by Agency, including web tools, source code, fonts, and other proprietary applications.
1.6 “Final Work” refers to the completed materials developed by Agency exclusively for Client.
1.7 “Final Deliverables” refers to the final versions of the Deliverables, accepted by Client.
1.8 “Third-Party Materials” refers to proprietary content from third parties (e.g., stock images) that may be incorporated into the Final Deliverables.
1.9 “Trademarks” refers to trade names, symbols, logos, or designs used to designate the source of goods or services.
2. Intellectual Property Provisions
2.1 Client Content: Client retains ownership of all pre-existing Trademarks and Client Content. Client grants Agency a non-exclusive, limited license to use this content solely for the performance of the Services.
2.2 Third-Party Materials: Third-Party Materials are the property of their respective owners. Agency will inform Client of any necessary third-party licenses for the Services.
2.3 Copyright Assignment: Upon completion of the Services and full payment, Agency assigns ownership rights, including copyrights, of any custom-created work to Client.
3. Fees
3.1 Service Fees: Client agrees to pay the fees as outlined in the selected package on the payment link.
3.2 Additional Expenses: If additional expenses such as stock images, software, or licenses are required, Agency will seek Client approval before incurring such costs.
4. Timing and Acceptance
Agency will perform the Services according to the package specifications. Client agrees to promptly review and either (i) approve the Deliverables in writing or (ii) provide feedback for revisions within the agreed-upon timeframe.
5. Client Responsibilities
Client is responsible for providing content, feedback, and any required legal information in a timely manner. Final proofreading is also the responsibility of Client.
6. Recognition
Agency reserves the right to display and use the Final Deliverables, including Client’s name and marketing results, in its portfolio, website, or for promotional purposes. Client also agrees that testimonials may be used similarly.
7. Confidential Information
The Parties may exchange confidential information necessary for the performance of the Services. Both Parties agree to maintain confidentiality and only disclose information as required by law.
8. Relationship of the Parties
Agency is an independent contractor, and this Agreement does not create any partnership or joint venture. Agency will determine the best methods for performing the Services.
9. Warranties and Representations
9.1 Client Warranties: Client warrants that all content it provides is either owned or properly licensed and that its use will not infringe upon the rights of third parties.
9.2 Agency Warranties: Agency warrants that the Services will be performed professionally and in accordance with industry standards.
10. Indemnification
10.1 Client Indemnity: Client agrees to indemnify Agency against any claims arising from Client's breach of this Agreement or any infringement resulting from the Client Content.
10.2 Agency Indemnity: Agency agrees to indemnify Client against claims arising from Agency's breach of this Agreement or failure to perform the Services.
11. Term and Termination
11.1 Term: This Agreement shall commence upon the effective date and renew monthly unless terminated by either party.
11.2 Termination: Either Party may terminate the Agreement by providing written notice at least 1 day before the next billing cycle. Fees for the current month are non-refundable.
12. Payment
Payments are due at the start of each billing cycle. Client’s payment will be processed automatically through the payment details provided at signup.
13. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the State of Florida. Any disputes will be resolved through arbitration in the state of Florida.