Terms and Conditions

  1. Services and Scope

Creation48 ("we," "us," or "our") provides website development services using the WordPress platform. This includes design, development, and optional hosting on our servers or through third-party providers, as chosen by the client.

  1. Hosting Options

When developing and hosting your website with Creation48, you have the flexibility to choose from the following hosting options:

  • Creation48 Managed Hosting:
    • Choose our provided server, where we will handle all server management tasks for you. This includes regular server updates, security monitoring, and performance optimization.
  • Client-Managed Hosting:
    • Opt for a server setup under client name, where we will assist in the initial setup of the server at no additional cost. Clients will be responsible for managing the server, including handling payments, updates, and maintenance. This option offers you greater control and flexibility.
  • Existing Client Server:
    • If you already have a server, you can provide us with the necessary credentials. We will use a one-click installation option to set up your website on your existing server. You will maintain full responsibility for managing your server, including security and performance.

Please note that by choosing any of the above options, you agree to assume the responsibilities associated with your selected hosting arrangement. If you have any questions or need further clarification, our support team is available to assist you.

By choosing "Client-Managed Hosting" option, the client consents to and affirms the following:

  • Creation48 will set up the hosting account at the chosen hosting company using the client's information at no additional cost.
  • The client authorizes Creation48 to create the account with their personal and/or business information.
  • The client understands and agrees that any responsibility regarding the server, including but not limited to management, billing, and other related aspects, lies solely with them.
  • Creation48 is not liable for any issues, disruptions, or problems that may arise with the hosting company or server after the initial setup.
  1. Third-Party Applications

We may integrate third-party applications (e.g., Mailchimp, Tawk.to) to enhance website functionality. Client acknowledges that these tools are governed by their own terms of service and privacy policies, and Creation48 is not responsible for their data practices or functionality.

  1. Content and Client Responsibility
  • Content: The client is solely responsible for all website content, including text, images, videos, and user-generated content. Creation48 is not liable for claims arising from client content or website activities.
  • Project Brief: The client must provide a clear, detailed project brief with all necessary information (e.g., samples, deadlines). Creation48 is not responsible for inaccuracies or omissions in the brief.

 

  1. Intellectual Property
  • Ownership Transfer: Upon full payment and project completion, all intellectual property rights in the custom website design, code, and other deliverables created by Creation48 specifically for the client will be transferred to the client. This excludes pre-existing templates and third-party components, which are subject to their own licenses.
  • Client Content: Client retains ownership of their content (text, images, logos, etc.). They grant Creation48 a non-exclusive, worldwide license to use, modify, and display this content solely for website development and maintenance.
  • Templates: Templates used in the design are licensed for single-use in the final website. The Client website receives a limited sublicense to use the template solely within the website and cannot extract or reuse it elsewhere. Templates do not receive future updates.
  • Trademarks: Trademarks used on the website belong to their respective owners. Nothing in these Terms grants the client rights to any trademarks owned by Creation48 or third parties.
  • Infringement: The client agrees not to use the website or its content in ways that infringe on third-party intellectual property rights.
  • Attribution: Creation48 may include a small attribution link in the website footer, identifying them as the developer, unless otherwise agreed upon in writing.

 

  1. Email Services

If we provide email accounts as part of our Hosting Option 1, the client consents to the following terms. We reserve the right to revoke this benefit at any time if we determine that the use of the email accounts does not comply with the provider’s policy, including but not limited to:

  • Outgoing Email Limit: There is a maximum limit on the number of outgoing emails per hour for each domain, including addon and subdomains. If a user exceeds this limit, emails will fail and may bounce back with an undeliverable error.
    • If you receive a bounce-back indicating that your email has been flagged as spam due to exceeding the hourly limit, please wait until the next hour to continue sending emails.
  • POP Email Check Limit: Users who attempt to check their email via POP too frequently may encounter a password error indicating that the login is incorrect. This login error will subside within an hour, and the email check will automatically unlock. To prevent this, disable automatic email settings that send and receive frequently or set the email check interval to a higher time period, such as checking once every 10 minutes.

 

  1. Payment Terms
  • Age Requirement: Clients must be of legal age to purchase our services.
  • Payment Method: We accept major debit/credit cards via Stripe and/or PayPal.
  • Upfront Payment: Full payment is due upon project approval to secure resources and prioritize your project.
  • Project Cost: The final cost is based on the features and options in your personalized proposal.
  • Currency: All payments must be made in USD.

 

  1. Project Timeline and Deliverables
  • Timeline: The estimated timeline is 30 days from Phase 1 completion, assuming no revisions. Revisions may extend the timeline.
  • Phase 1: Discovery: The client provides all necessary information (business details, style preferences, content) for the design process.
  • Final Delivery: The completed website is delivered at the end of the timeline, subject to client completion of Phase 1 and revisions.

 

  1. Client Responsiveness
  • Timely Feedback: Prompt client feedback is crucial for project progress.
  • Approval Timelines: We will set timelines for client reviews and approvals.
  • Consequences of Delays: Delays in client feedback may extend the project timeline.



  1. Limitation of Liability

To the fullest extent permitted by law, Creation48 and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Creation48 has been advised of the possibility of such damages), resulting from:

  • The use or the inability to use our services;
  • The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from our services;
  • Unauthorized access to or alteration of your transmissions or data;
  • Statements or conduct of any third party on our services;
  • Any other matter relating to our services.

 

  1. Indemnification

Client agrees to indemnify and hold Creation48 harmless from any claims, losses, damages, or expenses (including legal fees) arising from their use of our services, their website content, or any violation of these Terms and Conditions.

 

  1. Client Portal
  • Access and Security: Upon project confirmation and receipt of full payment, you will be granted access to our secure Client Portal. You will receive a unique username and password, which you are solely responsible for safeguarding. You agree to:
    • Maintain the confidentiality of your login credentials.
    • Not share your credentials with any third parties.
    • Notify Creation48 immediately of any unauthorized access or suspected security breach.
    • Change your password regularly and use a strong, unique password that is not used for any other online accounts.
  • Information Exchange: The Client Portal serves as the primary platform for communication and information exchange throughout your project. You agree to:
    • Provide all requested information and materials through the portal promptly and accurately. This includes, but is not limited to, business details, design preferences, content, and feedback on design concepts.
    • Regularly check the portal for updates, notifications, and requests for your input.
    • Use the portal's messaging features to communicate with our team and track project progress.
  • Data Security and Privacy: Creation48 takes reasonable measures to protect the security and confidentiality of your information within the Client Portal. However, you acknowledge that no data transmission over the internet can be guaranteed to be 100% secure. Creation48 shall not be liable for any unauthorized access, disclosure, alteration, or destruction of data that occurs due to events beyond our reasonable control.
  • Data Retention and Deletion: Upon project completion, your project data may be archived or deleted from the Client Portal at our discretion. You may request a copy of your data within [Number] days of project completion. After this period, we may not be able to provide your data.
  • Responsibility for Information: You are solely responsible for the accuracy and completeness of the information you provide through the Client Portal. Creation48 shall not be liable for any errors or omissions in the information provided by you.
  • By using the Client Portal, you agree to the terms outlined in this section. Failure to comply with these terms may result in delays in your project or, in severe cases, termination of our services.

 

  1. Dispute Resolution

Creation48 strives to provide excellent service and resolve any concerns amicably. However, in the event of a dispute or chargeback, the following policies apply:

  • Fraudulent Charges: We do not charge any credit/debit card without explicit customer authorization. All payments are processed securely through Stripe, and we do not support any fraudulent activities.
  • Product/Service Not Received: If you claim to have not received the product/service, please note that project timelines are subject to change based on client revisions or delays in providing necessary information as outlined in our Terms and Conditions. If you wish to cancel the project due to delays, you must submit a cancellation request with a valid reason. Our team will review the request and may offer a partial refund if you are eligible according to our Terms and Conditions.
  • Product/Service Unacceptable: We prioritize customer satisfaction and strive to meet your expectations. All designs and deliverables are subject to your approval before finalization. We offer unlimited revisions within the agreed-upon scope to ensure your satisfaction. Therefore, claims of unacceptable products/services after approval will not be eligible for a full refund. Additionally, our services are digital, and we do not provide any products in physical form.
  • Credit Not Processed: You can claim a credit was not processed only if a refund was committed to in writing by Creation48's billing or customer care department and has not been processed within the agreed-upon timeframe.
  • General/Other Disputes: We do not entertain "change of mind" requests as we invest significant resources in providing our services. However, we are committed to resolving disputes amicably and fairly. We will consider each case individually and may offer solutions such as additional revisions, partial refunds, or alternative services.
  • Contact for Dispute Resolution: If you have a dispute or chargeback, please contact us immediately at info@creation48.com. We will work with you to find a satisfactory resolution.

 

  1. Maintenance and Support

Creation48 does not provide ongoing maintenance or technical support services as part of our standard website development packages. However, we are committed to ensuring your satisfaction with the final product and offering assistance during the project's duration.

  • Project Support: For any questions, concerns, or technical issues related to your project during the development phase, please contact our dedicated project support team at project@creation48.com. We will make every

 

  1. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law provisions.

  1. Changes to Terms

We reserve the right to modify or update these Terms and Conditions at any time, with or without notice. The updated version will be posted on our website with a revised "Last Updated" date. Continued use of our services after any changes constitutes your acceptance of the updated Terms.

  1. Refunds

Creation48 strives for 100% client satisfaction. If you are dissatisfied with our services, please communicate your concerns to us within 2 days of receiving the initial design concept. We will work with you to address any issues through revisions. If we are unable to resolve your concerns to your satisfaction, you may be eligible for a partial or full refund, depending on the specific circumstances and the progress of the project. Please note that refunds are not automatic and are subject to our review and approval.

  1. Email & Mobile Phone Communications

By providing your email address and mobile phone number, you consent to receive communications from Creation48 regarding your project, updates, newsletters, and promotional offers (if you have opted in). You can opt out of these communications at any time by following the instructions provided in the communication or by contacting us directly.

  1. Revision Policy
  • Free Revisions: You are entitled to two (2) free revisions of the initial design concept within [Number] days of delivery. Revisions are for minor adjustments and do not include complete redesigns or changes to the project scope.
  • Additional Revisions: Additional revisions may be requested for an additional fee. We will provide you with a cost estimate for your approval before proceeding with any additional revisions.
  • Turnaround Time: Revisions typically take 2-3 business days, but complex changes may require additional time.
  • Finalization: Once you approve a design as final, no further revisions are included without incurring additional fees.
  1. Rights of Refusal

Creation48 reserves the right to refuse or cancel any project at any time for any reason, including but not limited to:

  • Content that is illegal, unethical, offensive, or violates our company values.
  • Projects that pose technical challenges beyond our expertise.
  • Failure of the client to adhere to these Terms and Conditions.
  1. Termination

Either party may terminate this agreement for any reason with [Number] days written notice. Upon termination, the client will be responsible for all fees incurred up to the date of termination.

  1. Force Majeure

Neither party shall be liable for any delay or failure in performance due to events outside their reasonable control, such as acts of God, natural disasters, war, government actions, or labor disputes.

  1. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision shall be struck from the Terms and Conditions and the remaining provisions shall remain in full force and effect.

  1. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior or contemporaneous communications and proposals, whether oral or written.

  1. Contact Us

If you have any questions about these Terms and Conditions, please contact us at info@creation48.com.


Last Update: 06.01.2024