Revision Date: 13 May 2022
Summary:
You agree to pay us for the services listed on the invoice within 30 days. We agree to provide those services in a professional and timely manner barring any unforeseeable complications (i.e. Godzilla attack).
We want you to be satisfied, let us know if you’re not. Refunds are not available for all items.
You own what you pay for unless otherwise stated. We retain license to use it in our portfolio.
Our liability is limited, no guarantee is provided, and disputes are to be settled by mediation/arbitration.
The terms below supersede this summary and may be updated at any time.
Description of Service
Client agrees to purchase the product(s) and/or service(s) listed in the invoice.
Refund/Cancellation
Design: Deposits are non-refundable and will serve as equal to the minimum amount to be billed for required design time.
Website Hosting and Website Software: Charges are non-refundable. Cancellations must be received prior to the next renewal date.
Print Orders: Print orders are non-refundable. Reprints will be offered at our sole discretion for any error or omission caused by Elevate Creative LLC or the contracted printer.
Some goods are exempt from being returned, including materials and items purchased prior to written cancellation, items delivered prior to written cancellation, as well as special or custom orders.
Client acknowledges and agrees to pay for all unbilled hours and expenses incurred prior to notice of cancellation.
Force Majeure
Elevate Creative LLC shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
Limitation of Liability
The Client acknowledges and agrees that Elevate Creative LLC will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the Client has been advised or otherwise might have anticipated the possibility of such loss or damage.
No Guarantee
The client acknowledges and agrees that Elevate Creative LLC cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.
Grant of Rights
Unless otherwise stated, copyright and ownership of original work (work) created by Elevate Creative LLC transfers to client following payment in full. Elevate Creative LLC retains license to display and reproduce work for marketing purposes. Elevate Creative LLC agrees that work is produced with the intent it be unique and will not seek to resell or publish work. Client agrees to properly identify Elevate Creative LLC as the creator of work but does not have an obligation to display creators name with work.
Dispute Settled by Arbitration, and Governing Law
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This Agreement will be governed by the laws of Oregon, in the country of United States.