Terms and Conditions

These Terms and Conditions govern any work performed by Creatuity Corp. for any client without a currently active contract, or in any case that a contract does not cover one of the following sections. If you do not agree to these Terms and Conditions, contact us immediately via email at clientservices@creatuityproject.net to cancel your project. You should receive an automated email confirming receipt of your email to clientservices@creatuityproject.net; the date and time noted in this automatic confirmation will establish the cancellation date and time of the project.

Payment of an invoice with these terms and conditions attached or referenced indicates your consent to and acceptance of these terms and conditions. Continuing to work with Creatuity Corp. on your project beyond seven days after the receipt of an invoice with these terms and conditions attached or referenced indicates your consent to and acceptance of these terms and conditions. If you do not agree or consent to these Terms and Conditions, please cancel your project. Continuing indicates your acceptance and consent to these Terms and Conditions.

Section 1 – Payment

All payments are due upon receipt of the invoice. Invoices and/or payments shall be considered late or past due after 7 days, unless a signed agreement is in place between Creatuity Corp. and the Client specifying a longer grace period before an invoice is considered past due. Late payments will be charged a 1.5% compounded monthly late fee, plus a $25 administrative fee. Should a payment be late or past due, Creatuity Corp. reserves the right to freeze all work until accounts are settled. The Client hereby indicates that they understand that any such freeze will delay any project schedule or milestone delivery dates outlined in this agreement or in any separate agreement or communication. Past due payments shall be deemed a material breach of this agreement by the Client.Please note that we may employ the use of Cookies. Cookies are small programs that enhance your use of the Internet, in general, and specifically we use Cookies to enhance your usage of our functions.

Invoices that remain unpaid after 30 days will be turned over to collections. The Client hereby agrees to pay for any and all collection costs, legal fees and other expenses incurred by Creatuity Corp. in the process of seeking payment for a past due invoice.

Payments will be made via wire ($15 fee applies to wires under $500), ACH Payment, the Intuit Payment Network (ACH), PayPal (including credit cards via PayPal), direct credit/debit card payment or other payment methods Creatuity Corp. may make available in the future.

Section 2 – License

All work done for the Client is done pursuant to the license posted at http://creatuity.com/license/, the contents of which are incorporated here by reference.

Section 3 – Default

Late payments are considered a material breach of any agreements in place between Creatuity Corp. and the Client, including a material breach of these Terms and Conditions. Upon any breach of this agreement by the Client, or any default by the Client, ownership of any finished products or other items produced by Creatuity Corp. for the Client will revert to Creatuity Corp. The Client agrees to destroy any copies they might have of the finished products or other items produced by Creatuity Corp. if the Client breaches this agreement, and agrees to relinquish any claim to the finished products or other items produced by Creatuity Corp.

Section 4 – 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 other item delivered to the Client by Creatuity Corp. 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 Creatuity Corp. relating to this agreement and the services performed shall be limited to the amount of fees actually received by Creatuity Corp. from the Client under this agreement regarding the services in question. In no event shall Creatuity Corp. 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 or Creatuity Corp. is told that any such damages may occur.

Section 5 – Severability & Jurisdiction

If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Kaufman, State of Texas. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph.

Section 6 – Terms Applying to Credit Card Payments

In the event that the Client makes payment to Creatuity Corp. via credit card, the Client hereby agrees that the person or persons signing below on behalf of the Client are an authorized user(s) of any credit card that the Client uses to make payment(s) to Creatuity Corp. The Client also affirms that the billing address listed below on the New Account Setup Form is the billing address for any credit card that the Client uses to make payment(s) to Creatuity Corp. By signing below and presenting a credit card for payment to Creatuity Corp., the Client affirms that they have read and agree to this contract, including, but not limited to section 5.1 (‘Payment’). For credit card transactions specifically, as well as all other payment methods, the Client understands that there are NO EXCHANGES / NO REFUNDS. All credit card transactions will be processed in US Dollars.

Section 7 – Privacy

The terms of the Creatuity Corp. privacy policy, available at http://creatuity.com/privacy-policy/ are hereby incorporated into these Terms and Conditions by reference.

Section 8 – Call Recording & Monitoring

Phone calls (including VOIP and other voice chat sessions), video conferences and chat sessions made to or from Creatuity Corp. and its employees, contractors and other associated individuals may be recorded or monitored for training, quality assurance, archival or other purposes.

Last Updated: September 27, 2022