Terms Of Service

To be completely honest, we hate that we must post any terms of service or "fine print" at all. However, in the age that we are in, we unfortunately feel it is necessary. We rarely ever must point to or enforce anything in this document and honestly prefer not to either. This document is not intended to limit or take advantage of any of our treasured clients. We simply have this document for anyone who might try to take advantage of us as a company in such a sue-happy culture. We are an old-fashioned local company with old fashioned values. 

We care about the local business owner and believe giving your word and a handshake should still be enough to build trust. Sadly, in today’s society, we realize that not everyone upholds their integrity in business anymore and so we are forced to cover almost everything to the extreme in this document. To sum it all up, be fair to us and we will be fair to you. 

We want to build you an amazing website that will hopefully help you get ranked higher on search engines and/or make your visitors enjoy their experience when they visit your site to the extent that they are more apt to do business with your company. The hope is that this will greatly increase your profits and you will appreciate your partnership and agreement with Cre8 My Site. 

Cre8 My Site, herein referred to as "Provider" agrees to offer clients, herein referred to as “Client", “you" or “your”, who are in good standing with Provider, with services signed up and paid for in advance, and have fully read and agree to abide by all of the following user conduct and terms of service: 

You may access and use Provider's services only for purposes as intended by the normal functionality of the Provider’s intent for Services, and so long as You are in compliance with all provisions of this Agreement. In connection with Client’s use of the Provider’s services, Client agrees to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Provider’s policies or the operational or security mechanisms of the Services, and without limiting the foregoing, 

Client may not:

• Use (i) the Website(s), (ii) the Services, or (iii) any content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on Provider’s created website and/or services to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

• Interfere with the access, use or enjoyment of this Provider’s websites and/or services by others (including without limitation causing greater demand on the Services than is deemed by Provider as reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people;

• Harvest or otherwise collect non-public information about another user obtained through the website and/or services (including without limitation email addresses), without the prior written consent of Provider and/or the holder of the appropriate rights to such information;

• Add a user account and/or member to Client’s email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the internet;

• Use any Content except for the intended purposes of the Provider’s created websites and/or services, subject always to the terms of this Agreement and Terms of Service. Client may not display, import or export feedback information relating to Provider’s created websites and/or services or use it for purposes unrelated to the Services without Our prior written consent;

• Alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of Provider’s created websites and/or services, the Services, any Content, or features;

• Access or attempt to access any of Provider systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Provider’s created websites and/or services;

• Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of Provider’s created websites and/or services except if and to the extent permitted by applicable law;

• Copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Site or the Content;

• Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);

• Fail to deliver timely payment for Client purchases and/or services which are invoiced or billed;

• Use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by Us;

• Create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;

• 'Deep-link', redistribute or facilitate the redistribution of Content; and

• Abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services.

• Defame the Character or services offered by Provider on any platform including but not limited to social media, Word Of Mouth, any type of review platform, any type of rating platform, and anything else where the client can use negative words, or intentions to speak ill or poorly of the Provider and cost the provider potential business.

We are not responsible for the accuracy, usefulness, safety or intellectual property rights of any content provided by you (the client). Cre8 My Site cannot be held responsible for any trademark, copyright, or IP (intellectual property) infringement. If we are approached by anyone claiming such claims, Cre8 My Site will have no choice but to remove all content in question from the site until you (the client) can dispute the case and provide proof of ownership.

These terms must be read, and signed before any work can begin. Without a signed client agreement, Cre8 My Site will not perform any work. By signing up for and/or using our services, Client agrees that this agreement constitutes a binding contract between the party, “Contact” and “Business Name”, both to be specified in contract form (hereinafter referred to as: Client) and Cre8 My Site (hereinafter referred to as Provider) & is non-cancelable by Client. By using or signing up for and/or using our services, all Clients acknowledge that they have read and agree to the entirety of our Terms & Conditions (often referred to as "terms of service" or "tos"), have fully read and agree to abide by all of the above and following terms of service: 

If Client signed up for and paid for website development/design and/or digital marketing & management, Provider will build Client's "Cre8 Site" or mobile site using the information and pictures Client provide us using the online Content Collection Form you’ll get from our website or via our extraction tool using Client's current website or Facebook page. All terms and conditions of "Cre8 Site" are governed by the information provided to us through these avenues at the day of signup. Upon account creation & payment, we will add Client's design work (if necessary, as part of Client's order) in our work order queue. Typical turn-around time is 2-6 weeks. If needed, Client may request that Client's design be expedited, however an expedited fee may be required in addition to Client's previous order total.

Within a period of 7 days upon full launch, Provider will allow Client to make 2 sets of minor corrections to Client's website based on the information Client have provided us with. Any additional changes beyond this, or more major changes requested may require additional charges. Provider will determine if requested corrections are considered “minor” or “major”. Any additions to the site that have not been provided in the initial information, and/or changes that are not associated to the original information will be completed at an additional cost to client.

Any media (graphics, images & videos) should be properly labeled and of best quality possible. Videos should already be uploaded to YouTube or Vimeo only; no other formats will be accepted. Videos should be provided as links and not actual media files. If there will be outside links, such as third-party applications or websites, Provider holds no responsibility if they do or will not work well in conjunction with the "Cre8 Site" either now nor in the future of Client's site. We have no control over other website or application functions. Provider reserves the right to deny external links, applications and/or websites at any time and for any reason. 

CRE8 NOW ACCEPTS VIDEOS DIRECTLY ON THE WEBSITE – should you wish to upload a video to the website, you must (i) own rights to the video as Cre8 My Site cannot be held responsible for any trademark, copyright, or IP infringement, (ii) Video size cannot exceed 200mb

Unless a Site-Builder license is purchased, Provider will only provide access to view the "Cre8 Site" after the site has been made live. Any changes made by the client to the site that result to site damages, malfunction, or other issues and problems will not be a responsibility of Provider. We may be able to repair the damage at an additional cost. 

Website repair is not covered in Client's service contract in either website design nor Client's management fee. 

All "Cre8 Site’s” and/or digital marketing and/or any other type of services from Provider will be paid for on the basis of: monthly, or annual debit agreement or full payment prior to the site being made live to the public.  

• The "Cre8 Site" price advertised includes up to 5 standard or typical pages (lower packages only include 3 pages) designed using Site-Builder type layouts and also include up to 2 minor corrections to the layout (overall look, feel, colors, etc.). This includes a responsive design for a desktop, tablet & mobile browser. These prices exclude additional pages, email addresses, the domain name registration or transfer, account setup, major & future updates, design changes, internet advertising, search engine optimization & anything other than the website described above.  

• Monthly payment plans are the default payment frequency for Client's account management fees. We present a monthly price breakdown to Client so Client can see the value Clients are getting for Client's plan. Monthly payment plans may be available as an alternative; however, this is only available if specified on Client's contract and approved by Provider upon the date of Client's initial signup. Because of the maintenance involved, monthly payment plans for account management fees (if approved) are charged a 4% or $5.99 (whichever is greater) per month convenience fee in additional to the management fees specified when Client signed up. To avoid this service fee, we highly encourage clients to pay their account management fees via cash and receive a 4% or $5.99 (whichever is least) cash discount. Monthly payment plans are not allowed unless written approval is given by Provider prior to contract signing. 

If there is a balance still due upon signing the Agreement (or contract), that entire balance is due within 2 weeks (14 calendar days) of the date the agreement was signed by the Client. No further work will be done nor any continuance of service will be given until the entire balance of contract is paid in full. If the client does not pay the entire balance within 2 weeks of the date of the Agreement, there will be a late fee of $25.00 or 3% of the balance still due, whichever is greater. This late fee will be incurred anew every 30 days past the original Order Agreement date and will be retroactive to the original signup date. The 2-week grace period will be forfeited from excuse or absence of the 30-day late fee period. If there is a balance due, every 30 days after the date of the signed Order Agreement, the client will incur a new late fee as specified above, which will be calculated based on the entire balance due at that point, including any previous late fees that are still unpaid. 

Any balance due based on either the signed agreement or invoice sent via email is due upon receipt. Client may incur Late Fees for any balance still due after the given due date from Provider. Provider usually allows a 7-calendar grace period for most clients, but Provider reserves the right to waive that grace period for any reason at any time without any notice whatsoever. Please pay for Client's services and invoices the day they are due to avoid any late fees or interruption of service. If Client’s services and/or invoices are late to be paid for, Provider may suspend or permanently terminate services with or without any warning. If suspension of services occurs, Client understands that they may lose access to and possibly permanently lose creative rights to project work and services previously performed by Provider including but not limited to: website, creative, graphic and/or video design as well as any progress on search engines and any other marketing accomplishments previously made. Provider reserves the right to refuse services to Client for any reason and without prior warning and with no refunds offered for services previously paid for. If services are suspended for any reason, Client understands that Provider will charge a Reactivation Fee of at least but not limited to $25.00 or more. Client also understands that, if services are suspended and Provider chooses to reinstate Client’s services, Client may be required to pay all services upfront for the next 12 months in addition to any previous charges, including Late Fees, NSF charges, Reactivation fees and previously used or incurred services. 

If a payment (via check, ACH, credit card, or any other method) is returned or rendered invalid for whatever reason, Provider will charge the client a NSF fee of $35.00 or 3 % of the total balance due on the full term of the agreement, whichever is greater, plus any other fees that are incurred via our financial institutions and payment processors in addition to any late fees that may be assessed to the client. NSF charges are billed separately than and in addition to any Late Fees. These fees may also be susceptible to late fees if not paid and will be calculated retroactively based on the date of the original order agreement. Client understands that, if one single scheduled or processed payment is returned or invalid for whatever reason, Client's account is deemed by Provider to be at "High Risk". If Client is considered at any time to be "High Risk” by Provider, Client agrees that any and all of the following are to be deemed and performed by Provider: suspension of any and all services agreed up between Client and Provider until full payment is made, including possible late fees, NSF charges and High Risk deposit, if deemed necessary by Provider; forfeiture of any and all rights to any discount previously given when Client signed up for Provider’s services; full charges to be implemented immediately for the total discount that was previously given; up to 12 months (total term of agreement) financial deposit to be debited from Client's financial account immediately via bank transfer, ACH, check or credit card for all services to be paid in advance to ensure Client’s account is financially up to date for the term of the agreement. It is solely up to Provider to deem how many months (up to 12) are warranted before continuing offering service for Client. If the deposit is not made, Client understands that services can and will be immediately suspended and could be terminated forever as well. Client also understands that Client could lose all design, data and information that Client had previously purchased upon being "High Risk" and/or not fulfilling the High-Risk deposit deemed necessary. 

Any “trial” period offered by Provider to Client is for the term set in the agreement only. After this trial period is over, as deemed by agreement, Client agrees to pay the full retail cost of services agreed up. Client is able to cancel “trial” service and downgrade their plan (up to 50% of agreed upon value of monthly or annual payment) as long as they do so within the trial period agreed up. Downgrading from a trial period must be done before the trial period expires and must be given in writing (email) to: admin@cre8mysite.com This email must also be confirmed by our staff or support system auto-reply as being received. 

Provider's Facebook advertising manager account (usually referred to but not always referred to as "Cre8MyFB") must be made an admin (administrator) and must remain an admin on Client's business Facebook page at all times of use of our services, while under contract agreement with us and while payment is still owed for services rendered, including past due or payment failure fees. By signing the agreement and/or making us an admin, Client authorizes Provider and its staff to do the following on Client's business' behalf: post, comment, communicate with Client's visitors and/or Clients, setup replies, auto messages, create videos, photos, ads and any other digital content through social media. Client also authorizes Provider to edit Client's Facebook business page settings including but not excluded to: settings, people, page roles, design look, business details, buttons, links, publishing and/or un-publishing of the Facebook page itself as well as all other admin privileges as allowed through Facebook. Client agrees that Provider will have such admin rights and privileges until Client's contract term is fulfilled and Client's account balance has been paid in full. Client agrees to allow Provider to post as well as publish or un-publish the Facebook business page if Client is considered "High Risk", as defined in this document. This partnership is a cooperate effort and can only fulfill its goals of potentially growing Client's business and/or profits if we work together. Client agrees to do Client's part to make sure Client's account is always in good standing so Client's online presence, social media accounts, etc. do not suffer loss, need to be un-published, lose visibility and/or content. Client agrees that Provider is not responsible to keep records of Client's Facebook, website or any online information, content, graphics, likes, performance updates, etc. and that this is solely Client's responsibility. 

Any website or digital content layouts provided or chosen are considered "expired" after 60 days of the signed contract date. Any account that has not paid the full balance due (including any late fees that have incurred) within 2 months (60 calendar days) of the original signed contract date will forfeit their initial design deposit or any amount paid at that point for layouts and any other service requested. After 60 days without full payment of the entire balance due of the signed Order Agreement, Provider will require an additional $99 fee to provide the same or a different layout in addition to the account balance, including any late fees that have incurred. If client changes their mind at any point in the web design timeframe (web design phases), no refunds are allowed or given for any amount of deposit or money paid and the client will still owe the 

remainder of the amount due based on the agreed signed contract, even if they decide to no longer go forward with the website they originally agreed upon. 

All sites will begin design once a deposit of 50% of the contracted price has been paid. All sites will be made live to the public once the remaining balance of the contract price has been paid in full. 

Any money paid for services is non-refundable, as non-tangible work is performed for client per the Order Agreement. If client does not wish to continue using services within the website design building process, or within the 12 months of service agreed upon with the signed Order Agreement, client forfeits any and all rights to any amount of money that has been paid up to that point. Client may not cancel this agreement. If client stops to use services that were signed up for, changes their mind or refuses to allow Provider to continue to have access or perform services, Client is still responsible to fulfill payment(s) for the entire term of the agreement. We have a strict “no refund” policy. After the time of the agreement, services continue on a "month to month" basis and charges will continue to incur and invoices will continue to be sent until formal cancelation is made via an official request via email, and or text message, and or both. A voicemail will not constitute an OFFICIAL REQUEST. 

Client understands that this is an estimate for online services to my previously agreed upon website design order agreement. For the order estimate total listed in our Agreement, Provider agrees to provide online services according to the terms of the signed agreement and/or the terms of this page (both above and below this section and including any future updates herein). Client understands that Provider does not guarantee a time-frame for completion of services but generally they are to be done within a 90-day period after full payment has been received. Provider will supply a URL to a “Live Preview Link” or a live website via Provider’s support system and/or current Project Management system. It is the Client’s sole responsibility to properly login and check via Provider’s support system and/or current Project Management system and verify that they have received a copy of this link. Provider makes no guarantee that Client’s email will work properly to receive such information. Provider does not guarantee in any way that the design work and/or services paid for will be saved nor backed up whatsoever. Client understands that this design will include 2 minor updates (as Provider defines) as long as they are suggested prior to layout approval, as defined by the Support Desk ticket status and/or Project Management system update. Any additional work, web pages or “major” updates (as defined by Provider) to the site past this agreement will be billed independently. Some plans and packages offer "content updates", which are understood to be up to 2 minor updates to the website text and/or photos. “Major updates” such as additional pages, changes to design, graphics & more detailed updates and/or changes are not handled through the original design project, signed agreement, nor are they included in any management & marketing plan. Major updates to the design will be billed additionally and separately from the original agreement/estimate as well as invoiced independently of that agreement. The full balance of the signed agreement is due in full within 2 weeks (14 days) of the date written or printed on the agreement.  

The individual signing the agreement on behalf of Provider (Contact) represents and warrants that he/she is authorized to sign as the decision maker (owner, officer, partner) of Client’s business entity & that he/she is empowered to legally bind themselves and Client’s business entity to the Terms & Conditions contained in the agreement & has read & agrees to abide by all terms of service found at: https://Cre8mysite.com/terms-of-service

 By signing up and/or using our services, Client understands that Provider may alter and change the Terms & Conditions (terms of service) at any time, for any reason and without notice to Client. Client agrees to all terms of service and will abide by the future changes of our terms of service even if they are altered in the future. Client understands that Provider must evolve and/or change terms of service on a continual basis due to the nature of services that are provided. 

By signing up and/or using our services, Client understands that Provider may alter and change the Terms & Conditions (terms of service) at any time, for any reason and without notice to Client. Client agrees to all terms of service and will abide by the future changes of our terms of service even if they are altered in the future. Client understands that Provider must evolve and/or change terms of service on a continual basis due to the nature of services that are provided. 

By signing up and/or using our services, Client authorizes Provider to manage their online listings; including but not limited to: search engines, local listings, social media and others. Provider does not guarantee listing information will be correct nor online, especially with so many 3rd party dynamics involved. Certain packages and plans include different online listing work but not all include these. It is the client's (Provider's) sole responsibility to fulfill obligations on their part to ensure proper and timely listing online. This may include giving Provider codes, usernames, passwords, and other information between 3rd parties, client and Provider. Some 3rd parties may text, email or even mail documentation and codes that need to be given and relayed to Provider in order for us to properly perform some services. Provider agrees to do all of these things to ensure proper service can be given. If Provider refuses to and/or neglects to do such obligations and requests, Provider may not be able to perform some services that Provider paid for and offers no refund in such a case. Because the layout, content and website design & services are built using our & our partner's software, servers & tools; all websites, designs, databases & any other product serviced by Provider are forfeited upon termination of service with our Provider. We do not offer tangible website design work that can be downloaded and used on other servers, hosts or website companies. Client pays for services to be used exclusively with our Provider and us alone. If client chooses to no longer use our services, that client will lose all rights and usage of the website design, software, tools, domain names, and anything else associated with Client's account. 

By signing up for and/or using Provider’s services, Client agrees to a minimum of 12 months of service to be paid for in advance, prior to rendered service either by our monthly, annual or Life Site plan. Failure to pay account dues prior to the next service term (monthly or annually) may result in account suspension or possibly deletion without warning or backup of any design or services rendered. Provider reserves the right to refuse service to any person or business without warrant or explanation. Provider does not guarantee website uptime in any way and give no promise to continue service with any client. If the account is deleted or service is stopped due to non-payment, neglect, or for any other reason, all website design materials and property may be lost irrevocably. It is solely up to Client to download, backup and save any design, data, graphics, databases and/or services on their own. Provider does not promise to keep nor maintain these for Client. 

Client understands that Provider changes plans and package names and details at will and not in connection with previous plans, packages and services; even if the new name of such plans, packages and/or services are similar or even the same as previous ones. As an example, Provider may offer a “Deluxe” package one month that includes SSL (website security) as part of the software service included in that package; but the following month, Provider may consider the new “Deluxe” package to not include that. Each package, plan or software is only considered good, valid and inclusive of services per the time (exact date) that Client originally signed up for that package, plan or service and whatever was included at that time. Client also understands that Provider reserves the right to alter or change the previously agreed upon package, plan or service at any time, for any reason and without notice to Client. All services, software and features of a package, plan or service is subject to change without warning or notice and Client understands that and agrees to abide by whatever Provider changes the plan to, even if that means a loss of service(s) and/or features previously agreed upon or included. 

Provider makes no promises that any 3rd party software and/or services from another company that Client has used or intends to use will continue to work or be accessible. Client understands that services such as domain names, email and any other software or service previously used or signed up for may no longer be accessible or useable upon signing up for and/or using Provider’s services. Client understands that it is solely Client’s responsibility to ensure that these other 3rd party services are backed up and made useful. Client agrees to use Provider’s services at Client’s own risk and might have previous service lost as a result. Client understands that Provider does not support nor help with any other company, software nor service for Client. To put it plainly, it is not Provider’s responsibility to manage your GoDaddy account settings or whatever other previous or desired 3rd party software or service you choose to work with. It is solely up to Client to work with the other company’s support to ensure they work well with Provider’s system and Client will handle 100% of that responsibility and service needs.  

Additional SEO Services are to be paid on a month-to-month direct debit basis and for a minimum of 3 months. 

All other services including but not limited to logos, marketing materials, design are to be paid for prior to completion and will then be delivered to Client digitally either in Client's site “images & content” section or by email. However, depending on the complexity, Provider reserves the right to request either 50% deposit or 100% payment on these works prior to commencing the development. 

Failure of direct debit payments, or prompt PayPal Payments to Invoiced Services to Provider for any and all services will result in 

Provider considering Provider at "High Risk". Provider is not required to contact the Provider to rectify this, as it is Client's responsibility to ensure this is taken care of. A notice to rectify Client's payment situation and make the account in right standing again may be made by Provider via phone call, email, support, Facebook etc. However, Provider is not required to do so. The client is responsible to make sure their contact information is kept up to date for billing purposes. If the account goes unpaid more than 1 day, Provider may, without any further notice other than these terms of service, place Client's account in a suspension period where it is unavailable for public viewing. Client’s usage, features, access & tools may be suspended as well. If the payment situation is not rectified within this suspension period of which Provider may choose the timing, beginning and final conclusion of, Client's account as well as Client's website, menu or any and all services may be terminated without any further notice. This may result in a complete loss of Client's website and/or menu design, and any materials, information, products and offerings stored and/or utilized in our services. 

Provider believes in treating each other (both clients and providers of service) with dignity, honesty and respect. Provider believes that the Client is not always right. If Client treats any of our staff with disrespect, verbal or written abuse or what is deemed as rude conduct, we will either respond in kindness and be professional, advise Client to present yourself and/or your comments differently, or ask Client to "play nice”, meaning we will ask Client to furthermore communicate in a more positive and affirming way. We also reserve the right to terminate business and services with Client at any time, for any reason and without refund of payment for past, present or future services. We have a strict "No Refund" policy. 

Client understands that they are to use; and Provider will use our current Support and/ or Project Management system as the main source for support and billing questions and resolutions. Provider makes no guarantees that a "Cre8 Site" or any other of its products or services will increase Client's business, gives a higher search engine ranking, increase revenue; nor cure Global Warming, the Common Cold nor create World Peace. 

Any deal, discount or coupon given for certain association membership or information or conversation spoken, typed or written to lead us to believe that Client is a current member in good standing with such an association will need to be verified after signing agreement. If verification documentation and proof is not supplied of such good standing affiliation as well as confirmed with the association within 1 week (7 calendar days) of contract signing, Provider has the authority to remove the discount and charge the Client the difference immediately for the discount or deal given. Client agrees to be charged and debited for the discount that was given if proof is not supplied with that first week of the agreement signature. No discounts are given to "High Risk" clients, as defined in this documentation. Any previously given discount will be retracted and charged to the Provider and/or Client. 

Clients signing up for "Restaurant Services", restaurant online menu and/or online ordering services agree to any and all of the above which pertain to their menu and ordering services as well as general legal, billing and policy terms of service stated above. 

Agreements are for 12 months of service to be paid monthly. After 12 months of service, the contract will continue until canceled by Client or Provider through the support desk. Payments are scheduled for monthly debits via e-check or credit card unless Client defaults on a monthly payment, to which the full and entire annual balance is due immediately. Client authorizes Provider to debit their financial institution via e-check or credit card for all services. 

Should you ("The Client") choose to move your website to another host or platform, you will be billed an additional $99.00 Exporting Fee, in which you will receive every file associated with your website to provide to your new host/developer. To the extent there is a contradiction between these Terms and the Life Site Program Terms, these Terms shall control.

Cre8 My Site does not warrant that the functions of the website will meet the client’s expectations of site traffic or resulting business. In no event will Cre8 My Site or its sub-contractors be liable to the client or any third party for any damages, including, but not limited to, any loss of sales, profits or revenue, loss of use of equipment or data, cost of capital, cost of substitute equipment, facilities or services, downtime costs, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Cre8 My Site has been advised of the possibility of such damages. Client shall indemnify Cre8 My Site and its subcontractors against any such claims from Client’s Clients.

Client shall not hold Cre8 My Site responsible for any issues arising from any third-party software, platforms, integrations, addons, widgets, apps, or any additional items that could have been added to the website; or used to help the website run. (e.g. if the ecommerce platform has a malfunction in their software, and your site loses business due to that malfunction, you cannot hold Cre8 My Site responsible for those loses. Cre8 My Site will help you in getting in touch with the right people, but you cannot hold us responsible. 

The client represents to Cre8 My Site and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to Cre8 My Site for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Cre8 My Site from any claim or suit arising from the use of such elements furnished by the client.

Copyright to the finished assembled work of web pages produced by Cre8 My Site shall be owned by the client upon final payment of this contract. Rights to the photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners. If the client is on a fully managed plan, they own no parts of their website until they have completed a term of 1 year (12 months) of monthly payments. After the 12 months mark the client may then request their website be removed and all files will be given to them to go wherever they choose. 

All Payments are done through Digital services such as PayPal, Stripe, etc. Cre8 My Site will never request your Credit Card information or any other personal information in order to obtain a payment. Cre8 My Site works very hard to deliver you what you want with your pre-approval, and therefore offers NO REFUNDS FOR ANY SERVICE. All payments are due by the 7th day of the month regardless of when your services started. If your invoice(s) are not paid in full by the 7th day, your services CAN BE SUSPENDED (without question or exception). If you need additional time to pay your invoice, it is your responsibility to reach out to us via email or phone (leave a voice mail) to request an extension. It is our right to add an extension fee of $25 to any extensions granted. It is also our right to not approve any Extensions at our own discretion. All payments are non-refundable. 

Client shall be responsible for any licensing fees or associated with any and all third-party costs. Any services not explicitly addressed shall be considered Out of Scope and will require a Request for Change and you agree to pay Cre8 My Site and additional hourly rate which is to be determined per client.

Cre8 My Site will not provide any access to the website after it has been made live. If at any point the client wishes to start making their own edits, they will be moved to our DIY plan at a different rate. Any changes made by the client that result to site damages, malfunction, and the likes, will not be a responsibility of Cre8 My Site. We will be able to repair the damage at an additional cost. If the site is accidentally deleted, then your website is gone for good and Cre8 My Site cannot be held Liable for deletion of a site. There is no recovery possible. 

Failure of direct debit or online payments will result in you having 7 days to rectify the payment situation of which you will be notified. If the situation is not rectified within 7 days your site and/or services will be suspended from public view. If the situation is not rectified within an additional 7 days, the site and/or service will be terminated.

Should you feel the need to leave Cre8 My Site, we will be extremely sad to see you go. However, we completely understand if you think the grass is greener on the other side. 

Cre8 My Site will export all website files for you. This will include all HTML, CSS, JS and Assets in a Compressed (zipped) folder. You can then use these files to upload to another server of your choice with another host, or website designer. 

Cre8 My Site, recommends taking Screenshots of all of your webpages before this process happens so that you can see “how the site looks”. This is your responsibility and will not be done by Cre8 My Site. 

 If you are on a Fully Managed Plan, you must have been a client for a term of 1 year (12 months) before you can export your site. If you have not been a client for a term of 1 year, you may pay the remaining balance to have your site exported. If you have been a client for 1 year, or longer, you may request to have your site exported.

ALL SITE EXPORTS HAVE A $199.00 USD FEE THAT CAN BE APPLIED, OR WAIVED AT THE PROVIDERS DISCRESION.

NOTE: ALL CRE8 WEBSITES ARE BUILT ON CMS SPECIFIC SERVERS. 

Your website will not look and function the exact same way on another server. Our servers are designed and customized for our website CMS and no other. It is our recommendation that you work with a Developer (not a designer) when installing these files on your new server. Items such as CSS and Aminations may not be compatible with the new server you are moving to.

If you have questions about site export, before moving from Cre8 My Site, please do not hesitate to ask via email at admin@cre8mysite.com

Privacy – Terms of Service - Disclaimer

All website will have a standard Privacy Policy, Terms of Service, and Disclaimer. These policies will be provided as part of your monthly plans and come from our partners at Termageddon. We will set up and establish all these policies for you, or you can request to speak directly with Termageddon to have these set up on your own.

Cre8 My Site is NOT A LEGAL entity, and we cannot offer any type of legal advice when it comes to the privacy of your website. We are simply offering a solution that we offer to all of our clients. It is YOUR (the client’s) RESPONSIBILITY to ensure the proper policies and privacy statements are on your website. It is recommended to use a Privacy Lawyer for your website, and we are okay with adding the policies they create for you to your website. Choosing not to use Termageddon solutions will not decrease your monthly amount. You may be required to pay a onetime fee for installing your policies from your Privacy Lawyer (onetime fee is at our own discretion).

ADA Compliance

A.D.A is the Americans with Disability act of 1990 and it is required that your website follows the requirements of this act. Cre8 My Site will offer as part of their plan a UserWay Accessibility Widget that we will set up and install on your website. We also offer a few paid resources from our partners at AudioEye if you are interested. Paid services must be requested via email in order to obtain those services. Cre8 My Site is not a legal entity and we cannot offer any legal advice when it comes to the Accessibility of your website. We are simply offering you tools that we offer all of our clients. It is you (the client’s) responsibility to ensure your website is conforming to the ADA requirements and standards.

You agree not to hold Cre8 My Site responsible for any legal issues that may arise from your websites Privacy or ADA compliance. You agree that you have been informed that seeking professional legal help is the best solution for your website, and that should any legal issues cause a financial burden on you, or your business that Cre8 My Site cannot be held responsible for those issues.

As a client of Cre8 My Site, we are going to welcome you with open arms and we are going to treat you with the respect, and kindness that you deserve. You will see a level of professionalism that “WE BELIEVE” is unmatched by anyone in our industry, and we are happy to help you in just about any way we can. 

A few things that we do not do:

• Work for free
• Perform miracles
• Solve problems for free that you created
• Guarantee you specific results (such as page one of Google. If a firm promises you that, don’t walk away RUN AWAY )
• We do not talk bad about our clients, or our partners. 

With all these things being said, we really need you (the client) to understand that we do everything we can to keep you happy, and deliver the results that you want. However, we do not operate off of DEMANDS, we do not allow our clients to dictate our time-frames, and we will not tolerate any type of negativity towards any of our employees, contractors, or partners. You are expected to treat us with the same respect and kindness we will show you, or you will be fired as a client with zero refunds.

Things you cannot do as a Cre8 Client.

We greatly appreciate your business and are looking forward to working with you on your project. We know that we cannot always keep everyone happy and that sometimes, we simply are not the right fit for everyone. With that being said, we ask that you give us every chance we can to make you happy. If you are not happy, we can discuss parting ways amicably.

As a client you are not allowed to 

Discuss the price you pay with anyone who may be seeking services. You may be charged less or more for your project and discussing this can cause animosity between Cre8 and other clients with more or less complex scopes of work. 

Speak negitavely to any of our employees / partners / contractors or anyone else acting on behalf of Cre8 My Site. Any negative, rude, defaming talk towards anyone mentioned above will result in the release of your project from Cre8 with NO REFUNDS.

Speak ill or negative about Cre8 on any social or physical platform that may cause other potential clients to avoid using Cre8 My Site. This includes social media reviews, post, videos, or Google reviews.

You as the client understand that Cre8 My Site uses 3rd party platforms to complete your request. You agree that you; the client shall indemnify, defend and hold harmless Cre8 My Site should any issues arise with any of these platforms at any time. These issues could create downtime on the website, or the digital marketing campaigns that results in the loss of income for your business. You agree to hold Cre8 My Site harmless for these losses, and to pursue corrective action with the platform itself. Cre8 My Site cannot control the aspects or performance of these 3rd party platforms.

 Should anything happen with any of these platforms and cause you monetary damages, you understand that Cre8 My Site is not responsible for paying those damages back to you. You can request Vender Information from us with the main platform being used, and then you can communicate between yourself and said platform to find out which services they offer is the cause of the issue and how they plan to rectify the situation. This could mean you will need to discuss further actions with their legal department on how they plan to resolve the issues for you. You understand that Cre8 My Site cannot control these platforms performance and we are simply utilizing the services to help you with your services.

You understand that there is no design fee associated with your fully managed plan. This means the site build is yours. In order to prevent individuals from signing up, getting a custom website, and then leaving after 30 days with their design, we require all full managed plans to remain a client for a term of 1 year (365 or 12 months) in order to be able to obtain your design for free if you choose to leave. 

This means that if you sign up with Cre8, and choose to leave before the 1-year mark, CRE8 WILL OWN YOUR SITE DESIGN. You can then choose to purchase the design from cre8 for a one-time fee. If you choose to leave Cre8 after one year of service, we will export the design files for you free of charge so you can host your site elsewhere. 

Other than your monthly maintenance fee and design fee (for website clients only, not including digital marketing or SEO), we may require additional payment for any changes or issues within your site.

Each plan comes with a set number of hours for content edits and or changes to your website. IT IS IMPERATIVE TO UNDERSTAND. These edits only consist of minor content changes, and or image changes. All content and images must be provided by the client and Cre8 My Site will get the changes done within 48-72 hours during business days.

THESE EDITS DO NOT ALLOW FOR THE DESIGN CHANGES TO THE ENTIRE SITE.

THESE EDITS DO NOT ALLOW FOR CUSTOM CODED SOLTIONS - custom coded solutions are considered Tech Solutions and are billed at a rate of $95/hour.

THESE EDITS DO NOT ALLOW FOR THE ADDITION OF PAGES - unless a page is being duplicated and minor changes made, these edits will not allow the addition of additional pages.

As of right now, we do not support Recurring Payments. We are working to expand this feature in the near future. For all billing that is on an Annual Plan, you will be billed once for your maintenance package per year. 

For Monthly plans, your invoice will be sent out on the 1st of each month. You will have a 7-day grace period to pay this invoice before service disruption. Should anything happen and you need some assistance with your billing, please do not hesitate to contact us HERE for special assistance. We try to be as lenient as possible. However, we reserve the right to demand payment, or add on additional late fees in rare cases. If you have no requested assistance, and have not paid your invoice by the 7th day, your website will be removed from the internet and a late fee will be applied. 

Digital Marketing / SEO:

All Digital Marketing or SEO services offered by Cre8 My Site are pre-paid, or are on a pre-paid subscription basis which are non-refundable. Based on the purchased services, Cre8 My Site is required to add such services to software(s) or payments to marketing partners immediately after the purchase. The setup process is initiated immediately (depending on business hours of Company or Partner) after the purchase. The monthly maintenance services are initiated by the monthly recurring subscription. All sales are final. No refunds or credits are applicable as software fees and labor costs are incurred by Cre8 My Site once the payment has been processed for both the initial purchase fees and the monthly recurring subscription fees. Cre8 My Site does not make any promises or guarantees that your site SEO or Digital marketing will perform in any certain manner or produce any type of results. We will never guarantee you certain results. 

Design Fees:

Cre8 My Site will work with you on your mocked up design to ensure you love your design before we move forward. Cre8 My Site does not offer any refunds for any design services to include; but not limited to: 

• Website Design
• Business Card Design
• Logo Design
• Social Graphics
• Graphic Design 
• Any Digital Design

NO REFUNDS AFFORDED ON FULLY MANAGED PLANS, BECAUSE THERE IS NO DESIGN FEE.

Monthly Maintenance:

No refunds are afforded for website maintenance (hosting fees or fully managed fees).