Terms of Service for Design Services
The Terms of Services set forth in the paragraphs below will serve as the contract standard for services offered by Creative Marketing Solutions. In the event of any conflict or inconsistency between any Proposal and Contact submitted by Creative Marketing Solutions and these Terms of Services—the terms found within this document shall take precedence.
By entering into a business relationship, either by signing a project contract or payment in lieu of signature has been made for contracted service with Creative Marketing Solutions, you (the client) consent to the following Terms of Services:
Creative Marketing Solutions working days are Monday through Friday, 8:00am to 5:00pm (Central Time); excluding legal holidays.
Phone Conference: At our discretion, Creative Marketing Solutions has the right to add any additional fee to the final billing statement for phone conferences made during the designing process that was over 15 minutes in length at the rate of $40/hour.
In Person: Local meetings with clients, after the initial contract signing, will be at the rate of $40/hour with a minimum of one hour of time excluding time for transportation.
Email Communication: Email the preferred method of communication regarding projects. Emails will be replied to during our business hours. All email communication is included in the design project fee.
Creative Marketing Solutions Design Process and Project Timeframes
Any request for altercations of during the design process work, or to have any variations of ideas conceptualized, may be discussed between both parties over the phone; however, no work will be done until client submits their request clearly written out and sent in an email to Creative Marketing Solutions for clarification of what the client is requesting to have designed or worked on.
If Creative Marketing Solutions agrees to make these changes, we will resubmit an updated project contract based on the new received information about the project. Please Note: Any updates made to the initial contract will increase the prices that were previously agreed upon for the project.
Website Design Process and Timeframe
All websites will begin their initial design work in Creative Marketing Solutions wix.com account.
All written content and any imagery client wants to used on the website must be turned into Creative Marketing Solutions no later than 3 business days from the date of the contract signing, unless notification was previously given for a later date that will not extend past 7 days.
Upon completion of the design you will receive a link to preview the website and submit feedback on the website design. Feedback must be turned in either by wix.com feedback or email and received by Creative Marketing Solutions within 48 hours. If feedback is not received thereafter, website design layout and appearance will be deemed approved by default and final payment requested.
Completion of Website Project
Creative Marketing Solutions shall have fulfilled its obligations of the website design when your website has been completed for desktop and mobile. The website transferred into clients wix.com account (upon receipt of the remaining balance being paid) with on-site search engine optimization completed with the website URL being sent to Google for indexing.
Website Design Delays Policy
In the unforeseen circumstances arise on the part of the business owner or representative please let Creative Marketing Solutions know immediately. If a temporary hiatus for the website project is needed—a 24 hour notice must be emailed to Creative Marketing Solutions and must include a date when the project will continue.
Logo Design Process and Timeframe
Creative Marketing Solutions requires a rough sketch of the logo concept to give us a visual description of what you (the client) are wanting and must include colors and font names that are to be used. A logo design questionnaire is available upon request to help you with this process.
Client will receive three (3) mockups based on the sketch and information given about the logo. Client will inform Creative Marketing Solutions of which mockup best reflects their visual description of the logo. One final mockup will be designed based on any feedback given. If client requests additional mockup logos, they will be designed at the rate of $40/each and added to the final billing statement.
Logo mockup feedback must be turned in by email to Creative Marketing Solutions within 48 hours. If feedback is not received thereafter, logo design layout and appearance will be deemed approved by default and final payment requested.
Completion of Logo Project
Creative Marketing Solutions shall have fulfilled its obligations for your logo design and delivered in the following digital formats: .jpg, .png, vector (.ai and .eps) and .pdf are sent to client upon receipt of payment of the final billing statement.
Print Design Process and Timeframe
Creative Marketing Solutions designs flyers, one-sheets, brochures, menu layouts, stationary layouts, book cover design and business cards.
We will go over the overall appearance and concept of the print design that the client is wanting (i.e. colors, font selections, etc.) and business cards will receive three (3) mockups and other print design layouts will receive two (2).
Feedback on the mockups must be turned in by email and received by Creative Marketing Solutions within 48 hours. If feedback is not received thereafter, print design layout and appearance will be deemed approved by default and final payment requested.
Completion of Print Design Project
Creative Marketing Solutions shall have fulfilled its obligations for your print design when client has paid remaining balance and we have delivered the following digital formats:
Brochures, flyers, one-sheet, menu layout, stationary layout will receive: .pdf, Adobe InDesign.
Book cover design and business cards will receive: .pdf, Adobe InDesign, .png.
If business cards had printing requested, they will be mailed directly to you from our printing source.
Social Media Setup Process and Timeframe
Social media setup by Creative Marketing Solutions does not include any paid ad campaigns.
Creative Marketing Solutions will design one (1) cover image to be used on your social media included in the price of the social media setup. The cover image will include your business logo, business tagline, or any brief call-to-action client requests. Client’s logo and business information will be required to be emailed to Creative Marketing Solutions within 24 hours of signing of the contract.
Social media setup requires full payment before setup to begin and will be completed by Creative Marketing Solutions within 48 hours of receiving payment and business information.
Creative Marketing Solutions Project Costs and Billing Statement Policy
Creative Marketing Solutions accepts the following payment options: Credit Card (over the phone), PayPal and Check (with check being cleared by the bank before work begins on the project). Please Note: Payment in lieu of signature becomes the legal enforceable agreement between Creative Marketing Solutions and client.
Creative Marketing Solutions has a NO REFUND policy and any outstanding balance becomes automatically due in the event client has changed their mind after contract for service(s) has been signed and/or any payment in lieu of signature has been made for contracted service.
Client will be responsible for two costs for the website—to be paid separately—those cost are:
Website Design work provided by Creative Marketing Solutions desktop and mobile website designs, on-site search engine optimization, connection of website domain and submission of website to be indexed in Google.
Wix.com Premium Plan for Hosting and Domain (and any website Application premium add-on) fees. You will pay a yearly fee directly to wix.com for renewal of the premium plan (hosting) and domain.
Fees for premium applications, will be automatically charged to your credit card; you are bound to the terms and conditions of the app developer. Creative Marketing Solutions is not liable for recurring charges of any premium application. Should you decide you do not want an app, it is your responsibility to cancel it. Contact information for premium applications may be found in the settings on the application.
All website projects under $500 are to be paid in full before the start of the project. Projects over $500 will require 50% deposit, and the balance to be paid prior to the transferring of the website into your wix.com account. All work remains the property of Creative Marketing Solutions until final payment is received for all design and/or subtasks related to the website design project.
In the event that Creative Marketing does not receive all requested website content from the client within 30 days removed from the date of initial payment—any and all remaining balance becomes due immediately.
The client understands that any and all revision requests, updates, corrections, addition website pages or variations made to website page will incur a billable charge.
Creative Marketing Solutions will begin work on your logo design upon receipt of a non-refundable $100 down payment.
The client understands that any and all revision or mockup requests will incur an additional hourly billable charge after the initial three (3) mockup has been turned in for feedback.
Creative Marketing Solutions will begin work on your print design upon receipt of a non-refundable $100 down payment.
The client understands that any and all revision or mockup requests will incur an additional hourly billable charge after the initial two mockup (three for business cards) has been turned in for feedback.
Social Media Setup
Creative Marketing Solutions will begin work on your print design upon receipt of a non-refundable $100 down payment.
Delinquent Billing Statement
If payment has not been received by the three (3) business day from the date on the billing statement, Creative Marketing Solutions will send one reminder email or phone call. If payment is not received by the fifth (5) business day from the date on the billing statement a 10% late fee will be charged to the outstanding balance and Creative Marketing Solutions will resubmit the billing statement to you reflecting the late fee charges being added on. An additional 10% will be added to the outstanding balance every seven (7) days thereafter until payment is made in full.
In the unfortunate event that Creative Marketing Solutions has not received full payment within 30 consecutive days from the initial billing statement date, a final notice will be sent. The Client will forgo all rights to use Creative Marketing Solutions designs in any manner, and legal action will be taken to enforce this policy.
A project shall be considered abandoned after either event has occurred:
30 consecutive days have passed since the last communication received from the client
If all content for the project has not been turned in by client within 30 days of the initial payment unless requested in writing (by client) and granted by Creative Marketing Solutions for a later date or was stipulated within the website contract
In all abandon projects, all payments, received by Creative Marketing Solutions, are forfeit without option for reclamation. Creative Marketing Solutions reserves the right to seek legal recourse against client for any outstanding balance due to the breach of contract by abandonment of project or failing to provide content within the required timeframe.
Any renewal of the project after termination will require a new agreement with full payment and content turned in at signing of the new contract.
Payment Charge-Back Policy
All work remains the property of Creative Marketing Solutions until final payment is received for all design and/or subtasks related to the design project(s).
Client forfeits their right to dispute any charges associated with the cost of any services performed by Creative Marketing Solutions when the client has signed a contract for the project and/or has paid any payment on or for the project.
If client performs a charge-back request with their bank while production is still being performed by Creative Marketing Solutions and/or they are delinquent on paying on the billing statement will be subjected to any legal fees including third-party collection costs and any unpaid balance will be doubled. Creative Marketing Solutions reserves the right to seek legal recourse for any and all unpaid balances and fees associated with collection of the unpaid balance.
The content found within any of the proposals, contracts, or any marketing material is the solo property of Creative Marketing Solutions. As it may contain information that is privileged or confidential. Any intentional distribution may result in legal recourse taken against you.
Please Note: Changes to these Terms of Service can be made without notice.
Last updated: January 10, 2020