Terms & Privacy Policy
Quick overview
Client Authority: The Client represents and warrants that they have full authority to enter this Agreement on behalf of themselves or their organization, and will provide timely access, approvals, materials and support required to complete the project.
Service Provider Role: MY KREATIVE SOLUTIONS (“MKS”) will perform services with reasonable skill, care and diligence and will use commercially reasonable efforts to deliver agreed deliverables on schedule.
Both parties will protect non-public information disclosed during the engagement and only use it for project purposes. Confidential information may only be disclosed if required by law; where legally permitted, the disclosing party will be notified in advance.
Each party is responsible for breaches caused by its employees, contractors or agents. Confidentiality obligations survive termination for three (3) years.
Final deliverables produced under this Agreement will be considered “work for hire” and belong to the Client upon full payment of all fees. To the extent any deliverable is not a “work for hire,” MKS assigns all ownership rights, title and interest to the Client.
MKS may retain and reuse general knowledge, skills, tools, templates or code libraries used in the project, provided that no Client confidential information or proprietary materials are disclosed or reused without consent.
Payment Methods: MKS accepts certified cheques, Interac, wire transfers, debit/credit cards, and cash as agreed.
Terms: Invoices are due within 15 days of receipt. Late or unpaid invoices may lead to suspension of work until payment clears. MKS may charge a 1.5% monthly late fee on undisputed balances to the maximum extent permitted by law.
All payments are non-refundable. MKS will make reasonable efforts to minimize non-cancellable costs but the Client remains responsible for work and expenses incurred prior to termination.
Services beyond the agreed scope (including additional consulting, training, or meetings) are billed at $80/hour. Training sessions longer than one hour will be billed accordingly.
Authorized project expenses (stock assets, plugins, third-party services) will be invoiced and reimbursed within 15 days of an itemized invoice.
Each project includes up to 2 rounds of feedback. Clients must provide written feedback for each round. MKS will implement requested revisions and request client review.
If revisions are required due to MKS misinterpreting client instructions, those corrections will be made at no additional charge. Additional rounds beyond the included two will be billed at $80/hour.
SEO: MKS follows industry best practices, but cannot guarantee search engine rankings or placement.
Browser & Device Testing: MKS will test deliverables across major modern browsers and common device sizes. Exact pixel-perfect consistency across all browsers and devices is not guaranteed.
Third-Party Dependencies: MKS is not responsible for outages, licensing changes, or limitations introduced by third-party platforms, hosting, or plugins.
MKS may include a discreet credit/link in the footer of websites it delivers. Clients may request removal of this credit for a one-time fee of $999, or by written agreement at MKS’s discretion.
MKS may showcase project deliverables in its portfolio, galleries, and marketing materials; the Client authorizes this use for demonstration purposes only.
MKS warrants that services will be performed professionally and, to the best of its knowledge, will not infringe third-party rights. MKS will obtain required licenses where applicable.
Disclaimer: Except as expressly stated, deliverables are provided “as-is” without implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability: To the maximum extent permitted by law, MKS is not liable for indirect, incidental, consequential, special or punitive damages. MKS’s aggregate liability is limited to the total fees paid by the Client under this Agreement.
Client Indemnity: The Client will indemnify MKS against claims arising from Client-provided materials (e.g., logos, text, images) or from Client-originated ideas and instructions.
MKS Indemnity: MKS will indemnify the Client for claims arising from MKS’s negligence or breach of its representations under this Agreement (excluding attorneys’ fees and costs).
Either party may terminate with 7 days’ written notice. Immediate termination is allowed if a material breach is not cured within 5 business days of written notice.
On termination, the Client will pay for services performed and authorized expenses incurred up to the termination date. Unpaid fees must be paid before use of deliverables is permitted.
Non-Solicitation: Neither party will solicit the other’s employees, contractors, or clients for 1 year after the Agreement.
Independent Contractor: MKS acts as an independent contractor; nothing creates an employment or partnership relationship.
Governing Law: This Agreement is governed by the laws of British Columbia, Canada. Disputes will be brought in BC courts.
Force Majeure: Neither party is liable for delays caused by events beyond reasonable control (e.g., acts of God, strikes, outages).
Severability & Entire Agreement: If any clause is invalid, the remainder survives. This document contains the entire agreement between the Parties.
Information Collected: We collect personal information you provide (name, email, phone, website) and anonymized analytics data (cookies, page usage).
Use of Data: Data is used to provide services, respond to inquiries, and improve our website. We do not sell personal data. We may share data with third parties only to the extent necessary to provide services.
Cookies: We use necessary, analytical and third-party cookies (e.g., Google Analytics). You can control cookies via your browser settings.
Security: We maintain reasonable administrative, physical, and technical safeguards to protect personal information.
External Links: We are not responsible for third-party sites linked from our website.
Your Rights: You may request access, correction or deletion of your personal data by contacting us. We will verify identity before making changes.