Terms and Conditions

Payment Terms

Unless otherwise arranged in advance, a retainer fee of 50% ( Non Refundable) of the design, production, and expense estimates is required upon initiation of project. The remainder of the costs will be invoiced upon project completion. Invoice terms are net 7 days. Invoices remaining unpaid after 7 days will be assessed interest at 1.5% per month (18% annually). If any phase of this project is delayed longer than 30 days, we will bill for work completed to date. Should the client elect to terminate this project, Cr8tive Chaos will invoice 50% of the lowest total estimate figure, or for actual work performed, whichever is greater, plus expenses. Should Cr8tive Chaos find it necessary to refer past due accounts to an attorney for collection, then the client shall reimburse Cr8tive Chaos for all attorney’s fees and collection costs incurred. Any such fees incurred in the collection process will be added to the amount due, and the account shall not be considered paid in full until the entire debt has been settled.

Terms for Rental Sites

The client does not own the site. They are simply leasing the site for a monthly rental fee.Website design and template belongs to Cr8tive Chaos.
All content, images, logos and Domain Name provided by the client is property of Client and shall remain that way after termination of contract with Cr8tive Chaos.
All contracts are on a 24 month recurring basis.

  • If the Client’s website is older than 24 months, termination must be given in writing 3 months before the cancellation date. This cancellation period will be billed as normal and does not incur a penalty
  • For websites younger than 24 months, 3 months notice must be given in writing, which is billed as normal. Thereafter, outstanding months up to the 24th month will incur a penalty of current monthly charges.

Cr8tive Chaos will archive the site for a period of 3 months, if client wishes to reactivate their contract within this period there will be an administration fee of US$100. After 3 months the site will be deleted from our servers permanently.

Please Read Our Full Term & Conditions For Our Rental Sites Here

Responsibility

Cr8tive Chaos will make every reasonable effort to ensure the accuracy of what is produced, but is not responsible for the correctness of copy, illustrations, photographs, nor for obtaining clearances or approvals. The client shall assume full responsibility for any accepted graphic recommendations from Cr8tive Chaos including, but not limited to trademark and patent searches, registrations, feasibility testing, and legal compliance responsibilities. The client shall indemnify Cr8tive Chaos and hold it harmless from any damages, costs, or losses that might arise as the result of any action against either party regarding products and/or services performed with regards to this project. Cr8tive Chaos will take normal measures to safeguard any materials entrusted to us. However, we are not responsible for the loss, damage or unauthorized use of such materials, nor are we responsible for the actions of the vendors and suppliers we utilize.

Supply of Materials

The Client is to supply all materials and information required for Cr8tive Chaos to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, Cr8tive Chaos has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client’s failure to supply materials prevents progress on the Work for more than 21 days, Cr8tive Chaos has the right to invoice the Client for any part or parts of the work already completed.

Ownership

This proposal is for the development and implementation of one strategic idea or concept. All preliminary concepts, ideas, approaches, plans, reports, recommendations, designs, artwork, and electronic files remain the sole property of Cr8tive Chaos, and may be used in the future at their discretion. All materials used in the production of this assignment -including original artwork and computer generated artwork, formats, and electronic code – remains the property of Cr8tive Chaos. Unless otherwise agreed upon, all original photography and illustration are for the sole purpose of the Website and may not be used in other applications. If the client wishes to purchase unlimited rights to the use of original photography or illustration (ownership of copyright), please inform Cr8tive Chaos and this will be a consideration in the selection of and negotiation with photographers or illustrators. Copyright to the Web site design will be considered transferred and reproduction rights granted upon receipt of payment in full.

Project Delays & Client Liability

The proposed timeframes are contingent upon full co-operation of the client, and complete & final content and photography for the web pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from the client side, and be made available on a daily basis in order to expedite the feedback process. Furthermore, incomplete content, or content requiring alteration during the development phase can add delay to the project. Cr8tive Chaos cannot be held to the agreed delivery date if the above conditions are not met. If the website development is delayed for more than 2 weeks by the client, or is halted indefinitely, Cr8tive Chaos can request full and final payment for the services specified in this proposal. If this occurs, additional costs may be imposed if the project is resumed at a later date.

Approval of Work

On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Cr8tive Chaos, in writing, of any unsatisfactory points within 14 days of receipt of such notification. Any of the Work which has not been reported in writing to Cr8tive Chaos as unsatisfactory within the 14 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 50% balancing payment will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.

Rejected Work

If the Client rejects the work within the 14 day review period, or will not approve subsequent work performed by Cr8tive Chaos to remedy any points reported by the Client as unsatisfactory, and Cr8tive Chaos considers that the Client is unreasonable in his repeated rejection of the work, the contract will be deemed to have expired and Cr8tive Chaos can take any legal measures to recover both payment for the completed work and reasonable expenses incurred in recovering payment.

Security

Although Cr8tive Chaos makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Cr8tive Chaos can in no way guarantee that the Finished Product(s) will not be subject to security breaches. Cr8tive Chaos recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract. Cr8tive Chaos will not be held responsible for any malicious attacks against the clients website.

Expenses

Client agrees to reimburse Cr8tive Chaos for any of the following expenses necessary in completion of the work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation)

Termination

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of the Client, Cr8tive Chaos shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Cr8tive Chaos and Cr8tive Chaos shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. The Client and Cr8tive Chaos are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Cr8tive Chaos has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

Limited Liability

The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client shall also be
responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers. The Client agrees that any liability of Cr8tive Chaos relating to this agreement and the services performed shall be limited to the amount of fees actually received by Cr8tive Chaos, from the Client under this agreement regarding the services in question. In no event shall Cr8tive Chaos be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.

Third Party or Client Page Modification

Some Clients will desire to independently edit or update their Web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of the Developer. Note however, that if this option is selected and the Client or an agent of the Client other than the Developer attempts to update the Web site and damages the design or impairs the ability for the Web pages to display or function properly, time to repair the Web pages will be assessed at an hourly rate of $50. There is a one hour minimum.

Completion & Site Changes

Cr8tive Chaos provides a 14 day testing period after the site launch & a 5 day testing period on redesigned sites. During this time any technical issues will be resolved at no cost. After this period, Cr8tive Chaos obligations under the contract will be deemed fulfilled and the contract concluded. Any changes to the website following the testing stage and conclusion of the contract will be charged separately. Cr8tive Chaos offers a hosting and maintenance package which will accommodate basic changes to the site (text and project photos) at any time. Please inquire with Cr8tive Chaos.

Nondisclosure

All parties agree that it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any Confidential information obtained about the Developer to another party.

Maintenance Agreements

Maintenance Agreements are negotiated on a Client by Client basis as each Client will have differing needs. This is how the Developer seeks to help the Client control cost. If ongoing maintenance is desired pricing will be included in the contract. The Developer offers a maintenance agreement in which the Client pays a fixed monthly rate for such things as site backups, updates and general maintenance, text & graphic changes, and coordinating delivery of the Web site with the Host Provider.

Design Credit

Client agrees that the developer may put a byline on the bottom of all web pages maintained by the Webmaster to establish maintenance credit. Client also agrees that the website maintained for the Client may be included in the developers portfolio.

Acceptance of our Terms and Conditions

Any form of payment to Cr8tive Chaos is acceptance of our Terms and Conditions. Cr8tive Chaos reserves the right to update these Terms and Conditions as and when we deem appropriate. Clients will be notified via email of any updates.