Terms of Service

Updated: August 2025.

This Agreement is entered into by and between A Creative LLC (hereinafter "A Creative" "A Creative LLC" "us" "we" and "our") and you, the Client, (hereinafter "Client' " you"" your" and "'"), collectively referred to as the “Parties.” By submitting payment, the Client acknowledges having read, understood, and agreed to these Terms.

At A Creative, we pride ourselves on doing our absolute best in delivering quality and functional designs to fulfill our client's needs. However, it remains necessary to ensure a few simple things are outlined on paper should any unforeseen questions or issues arise. We have written this contract in simple language, avoiding legal terms to make it easy for both parties involved to understand. Our goal is to maintain clarity throughout in order for you to fully know and understand what services you are agreeing to upon signing.

Agreement
I, the Client, am hiring A Creative LLC., acting under A Creative (Minneapolis, MN) to design and develop a website for the total estimated price quoted to you (refer to the proposal). I acknowledge that the price I receive is based on an assessment of the information I have provided to A Creative on the date of this contract and is only an estimate. I further acknowledge that if A Creative determines additional work not documented in the attached Statement of Work is needed, the cost will be impacted. I will, however, have the opportunity to review and approve any additional charges prior to A Creative moving forward with the project.
 
What Do Both Parties Agree To Do?
As our Client, you have the power to enter into this contract on behalf of your company or organization. Upon doing so, you are agreeing to provide us with everything necessary to complete the project including logo, text, images, link(s) to social media, hosting credentials, and any other information needed, upon request, in the required format. We wish to avoid any delays. Deadlines work both ways. You, as well, will be bound by any dates/timelines we set forth. You also agree to adhere to the payment schedule outlined in this agreement. We have the experience and ability to perform the requested services and will carry out our work in a professional and timely manner. We cannot be held responsible for a missed website launch date or deadline if you have not provided all content and/or revisions on time. We reserve the right to delay project completion to our next available date if you miss a project deadline.
 
Engagement and Deliverables
The estimated time required to complete your website is 6 hours plus 2 hours for revisions on your scheduled start date. We will commence the work ONLY after we have received a signed contract and the non-refundable initial deposit. Please, keep in mind we rely on you and your team to provide us with the necessary assets (including but not limited to website text(copy), photos, social media links, products, pricing, etc.), and approvals in order for us to work on your website, and to avoid impacting your website launch date.
 
The timeline of your project and the proceeding and following weeks are to go as follows:
 
A) After your contract is signed, we will invite you to a Basecamp project and video explanation with everything you need to start gathering content for your website. The content requested in Basecamp is due a minimum of one week before your scheduled design slot.
B) For Website Design Day, we take all of your design inspiration along with your copy and pictures you have provided and we begin to build out your website at 9AM CT, and typically by 3PM CT we will be done with the main design all except for responsiveness and little things. This will give you a two hour window for any edits to the design.
C) Additional revisions may be done after your Website Design Day has ended, however, they will be subject to the current rate at the time of your inquiry.
D) By 5PM CT of Website Design Day, if no edits are left then the website will be considered complete and any additional revisions after the fact will be subject to the current rate at the time of your inquiry. (You do get 2 weeks of follow-up support. However, this is not for any design changes. It is only for if you have any remaining questions after watching your training videos or if some sort of website functionality issue is detected.)
 
Scope of Services:
This Agreement covers web design and development services provided by A Creative LLC (“A Creative”) under the primary formats:

A) Website Design Day engagements — Single-day intensives focused on fast-paced delivery of specific design and development tasks.
B) Custom Projects — Larger or longer-term scopes, typically completed over multiple days or weeks, based on a defined proposal.
C) Retainer-Based Services — Ongoing, scheduled access to services provided on a monthly basis, typically defined by a set number of hours or deliverables.
D) Hourly Requests — Flexible one-off work billed at an hourly rate, either on-demand or pre-scheduled.

The specific deliverables, timelines, and payment structure for each engagement will be defined in a Proposal Document, Invoice, or Service Scope Summary shared prior to the start of work. Each signed proposal or invoice is hereby incorporated into this Agreement by reference. In the event of any conflict between the terms of a proposal and this Agreement, the terms of this Agreement shall govern unless explicitly stated otherwise in writing.

All work performed under this Agreement, regardless of format or scope, shall be governed by the terms outlined herein.

Term
This contract is active from the time the contract is signed until the completion of the design and all revisions on the website. This will encompass signing the contract and submitting it, the time between signing and your start date which will include a number of interactions from calls to prep work, your scheduled design time, and your 2-week follow-up period. Any renewal or extension of the term must be discussed and agreed upon by both parties.
 
Designer Confidentiality
Over the course of A Creative's design process, we will require access to and create potentially confidential and proprietary information and documents. This can include but is not limited to your personal information (logins, emails, etc.)  company and employee information, financial statements and records, supplier and vendor information, etc. A Creative acknowledges and agrees that such information is and is to remain confidential and will not be disclosed with any third parties whatsoever unless explicitly requested by you. Upon completion of services, termination of this contract or request by you A Creative will return all confidential information to you immediately.
 
Error Review
We provide you with a 2-week window from the date of website completion for error review. This does not include new website revisions, but errors that may have occurred during migration. This includes but is not limited to fixing broken links, updating text, swapping out pictures, and other issues as such. It is your responsibility as the Client to review your website during this time and point out any errors to be corrected. Any error that you find after the 2 weeks, will be charged at the current rate at the time of your inquiry.
 
Please note: We are not your long-term IT support. We will be happy to help you however we can, but any support outside of your 2-week follow-up period will be subject to being charged at our rate at the time of your inquiry.
 
Browser Functionality
All of our websites are tested for functionality on current Safari, Chrome, Firefox internet browsers. We do not guarantee that your website will look exactly the same on every screen, and may appear differently due to varying screen resolutions and aspect ratios.
 
Statement of Work
We’ve prepared the price quote (refer to the proposal) based on everything we have discussed or that you have picked on your own, including any correspondence via email, in-person, virtual proposal forms, or phone calls. The breakdown is outlined in the Package Proposal document which includes the scope of work, project objectives, tasks, deliverables, certain terms, conditions, and requirements as well as payment of the project. We are only responsible for the items outlined in the Package Proposal. Items not included in the Statement of Work are not a part of the project nor have they been included in the quoted cost. If you have any additional feature requests, changes in tasks, changes in deliverables, or any scope modifications, beyond what was agreed on in the original Package Proposal, additional billable time will be incurred to you, the Client, at the current rate at the time of your inquiry.
 
Revisions
The price estimate includes time for revisions, and that will not exceed 10% of the total budget of web development time. Should you request additional revisions beyond what is included, or that exceed the allocated time, you will receive an email notification from us requesting a confirmation that you wish to proceed with said revisions and agree to be billed at the current rate at the time of your inquiry. After we have received your confirmation, we will proceed.
 
Rescheduling
We understand that sometimes life happens, and things don't go as planned. Therefore, if the need does arise to reschedule your project, the provisions set forth are as follows:
 
A.) There will be no penalty to reschedule your project if it is at least 4 weeks ahead of your scheduled design date. This will give us plenty of time to shuffle around the schedule, and make your original design date(s) available to other paying clients.
B.) If you must reschedule your project within 4 weeks of your design date, you will owe a $500 rescheduling fee unless we are able to find another client to take your designated dates. We will do our best to find another client to switch dates with you if needed.

C.) If you do not have all required materials, information, or access provided by your scheduled design date, we reserve the right to reschedule your project. In this case, the $500 rescheduling fee will apply unless we can fill your original slot with another client.
D.) On rare occasions, we may need to reschedule your project due to unforeseen circumstances on our end (such as emergencies or family health issues). If this occurs, we’ll notify you as soon as possible and work together to find new dates that work for everyone. We appreciate your understanding should this situation arise.

 
Allowances
You’re responsible for the cost of any outside paid assets. This is included but not limited to hosting, domains, SSL certificates, third party plugins, stock images, and premium fonts. In addition, we cannot be held liable for the functionality of third party plugins or software, recommended or otherwise.
 
License
By signing this contract, you grant A Creative a personal, non-transferable, non-sublicensable and fully revocable license to market your deliverables and use your logos, trademarks/trade names, project, and similar identifying material if said material was made by or used in the design process by A Creative.
 
Exclusive Design Credit
A Creative LLC reserves the right to apply the text “made by a creative” at the bottom of your website. Should you wish to remove the credit, a fee of $250 will apply. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that “made by a creative” will be visibly displayed on your site acknowledging design credit for as long as the website design remains in place.

Style Release
By signing this contract you warrant that you have reviewed A Creative's previous works and have a reasonable expectation of your website's outcome. We will use all of our efforts and design knowledge acquired up to your scheduled design time to produce a website that is satisfactory for you. You also acknowledge that given your specific tastes and requests that your website will not mirror or imitate any other websites, made by A Creative or not. As a website designer and provider of services, A Creative reserves the right to make design decisions to make a satisfactory website for you and does not have to strictly adhere to every suggestion made by you. This also encompasses that given your variable needs and abilities (budget, type of business, involvement in the design process, etc.) will also play into the final product. This all means that if you are dissatisfied with your website but do not inform us in the parameters of your design process, you are not able to terminate this agreement or request any form of reimbursement.
 
Non-disparagement
The Parties agree that they shall not disparage, criticize, or defame the other Party, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders or employees. Nothing in this section applies to any evidence or testimony required by any court, arbitrator or government agency.
 
Warranties and Representations
By signing this contract both you and A Creative agree that the other party is free to enter this agreement and by doing so does not violate any separate agreements made to each other or third parties. You warrant that you own and have the right to use any and all content created for you by A Creative. We disclaim liability for any content violating any rights of third parties.
 
Force Majeure
In the duration of an extraordinary event that is out of the parties control, if either party is unable to follow through with any services or obligations agreed upon, that party is to be excused from doing so until the pendency of such cause is over. This includes but is not limited to fires, natural disasters, medical emergencies, global pandemics, stolen properties, etc. Payments are not included in these parameters since it is in most cases not caused by outside forces.
 
Independent Contractor
A Creative is an independent contractor and is not categorized as an employee or agent of you or your business. You acknowledge and agree that we are solely responsible for how we perform under this contract. You also acknowledge and agree that we work with multiple clients with similar contracts. We are responsible for withholding and payment of all taxes and other assessments arising from our services. A Creative is not entitled to participate in any employee benefit plans by you or your business. This agreement does not subject A Creative to be in any partnership, association or employment relationship with you or your business. Neither party has any binding obligations to act for or on behalf of the other party or make agreements or representations for the other party. You are also not to control the manner in which A Creative goes through the design process.
 
Assignment
This Agreement is personal to each of the Parties. No rights or obligations may be assigned or delegated by either Party at any time, unless such assignment is in writing and signed by both Parties.

Waiver
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no waiver by either Party of any breach of, or of compliance with, any condition or provision of this Agreement by the other Party shall be considered a waiver of any other breach or provision, whether or not similar, nor shall any waiver constitute a continuing waiver.

Website Policies Waiver
Several privacy laws require certain websites to have a Privacy Policy. A Privacy Policy explains how you collect, use, and disclose personally identifiable information (PII). Any website with even a contact form collects PII and should have a Privacy Policy.

Privacy laws protect PII of citizens in certain states, with fines ranging from $2,500 to $7,500 per website visitor. More states are proposing laws with unique requirements and penalties. Some allow citizens to sue businesses for having a contact form without an updated Privacy Policy. These laws can apply to businesses of any size or location.

We advise all clients to have a Privacy Policy and a plan to keep it up to date. An updated Privacy Policy helps avoid fines and lawsuits.

If you cannot hire a privacy attorney, we recommend Termageddon, a website policy generator that updates your policies automatically when laws change. A Termageddon license includes Privacy Policy, Terms of Service, Disclaimer, and more for $119/year. We include our typical one-time setup fee as a part of your Website Design Day purchase to create and install these policies on your site.

By signing this agreement, you acknowledge:
- We informed you about the need for a Privacy Policy under applicable law.
- We are not attorneys and do not provide Privacy Policies as a service.
- We are not responsible for your compliance with privacy laws.
- We have a relationship with Termageddon and can assist linking their policies to your site.
- You are not obligated to use Termageddon but we recommend it. We receive a commission from Termageddon.
- Your relationship with Termageddon is governed solely by their Privacy Policy and Terms of Service.
 
Severability
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Merger and Final Agreement
This Agreement constitutes the final, exclusive agreement between the Parties. All earlier and contemporaneous agreements, negotiations, understandings, representations, and warranties between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment
The Parties may amend this Agreement only by the Parties’ written consent pursuant to the notice provided in this Agreement.

Notice
All notices, claims, and demands made under this Agreement must be in writing and addressed to the other Party at the email address set forth upon signing. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.

Indemnification
The Client hereby agrees to indemnify, defend and hold harmless A Creative, our affiliates, employees and agents from and against any and all third-party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees, to the extent such losses result from any breach of the Agreement or applicable law by you or breach of contractual or fiduciary obligation owed by it to a third party.

Limitation of Damages
Notwithstanding any damages that you may incur, A Creative’s entire liability under this Agreement, and your exclusive remedy, will be limited to the amount actually paid by or on your behalf to A Creative under this Agreement for all services rendered through and including the termination date. Neither Party shall, under any circumstances, be liable to the other Party for consequential, incidental, indirect or special damages, including but not limited to loss of actual or anticipated profits or income, punitive damages, loss of revenue; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties.
 
Survival
The termination of this Agreement shall not affect any accrued rights or liabilities of the Parties or affect the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination.
 
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.
 
Payment Agreement
The price for your project is noted on your proposal. You also have the options of paying in full for the website or paying for it over multiple months with the payment plan you selected. The initial deposit does not constitute a credit, and therefore cannot be used toward our other services. You are accountable for the full balance of your contract whether you decide to complete the website or not.
 
Late Payment Penalty Fee
Any missed payment due date will result in a late fee penalty payment. You will owe an additional 10% of the full missed payment for every week your payment is late. This late fee penalty payment will continue compounding in perpetuity until you pay the full balance of your missed payment, including all additional late fee payments. 
 
All payments are to be paid through Wix Payments and can be accessed in your Basecamp project in the "MAKE PAYMENTS" message. If you are having trouble accessing the link to pay or cannot pay through Wix Payments for some reason please contact us immediately to resolve the issue.
 
Chargebacks
In the case of filing for a refund prior to attempting a chargeback with your financial institution, you will still be financially responsible for any payments due if payments with said institution are disputed. If a chargeback is attempted, you are agreeing to give up any and all deliverables or properties afforded in exchange for services purchased. A Creative reserves the right to present proof of purchase along with this agreement to your financial institution.

Business Hours
A Creative's business operating hours are Monday-Friday 9AM-5PM CT. All emails, messages, or questions will be acknowledged and responded to within 24 business hours of being received. If A Creative is contacted during the weekend, a response will be given on the following business day. 
 
Client Termination
At any point in time, if A Creative LLC feels that the Client is not a good fit or is contributing to the overall detriment of A Creative LLC, we reserve the right to terminate the service agreement and relationship with the Client. The Client does not reserve the right to terminate this agreement.
 
Mediation
In the event a dispute shall arise between the Parties that is related to or arises out of this Agreement, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Ridgedale Library, Minnesota or remotely via Zoom. For a mediation, the Parties will agree to use commercially reasonable efforts to begin the mediation within [15] business days of the selection of the mediator and to conclude the mediation with [30] days of the start of the mediation. If mediation fails, disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), or another mutually agreed-upon arbitration organization. The Client agrees to be responsible for all costs associated with dispute resolution, including both mediation and arbitration fees. The failure of either Party to enforce any provision of this Agreement at any time shall not be construed as a waiver of its rights.