Terms of Service
General Acknowledgements and Representations
I, the undersigned representative of Client, hereby confirm that I have the necessary authority and capacity to enter into this Agreement with MY KREATIVE SOLUTIONS on behalf of Client. As part of this Agreement, Client agrees to collaborate with and provide MY KREATIVE SOLUTIONS with all essential support and materials (referred to as “Necessary Materials”) required to enable the smooth execution of the project deliverables as specified in our agreement. I acknowledge that MY KREATIVE SOLUTIONS possesses the skills and expertise necessary to carry out the project deliverables in a professional and timely manner.
In order to fulfill our agreement, we will be sharing information with various social media platforms and search engine providers, which may include but is not limited to Instagram, Yelp, Twitter, Facebook, Yahoo, YouTube, Google, LinkedIn, Yahoo, and other traditional marketing platforms. Rest assured that your information will only be shared in accordance with the terms outlined in this agreement.
Confidentiality & Non-Disclosure
Each party shall maintain and protect, in the strictest confidence, all Confidential Information (as defined herein) of the other party. Confidential Information means all (i) nonpublic information (at the time of disclosure) disclosed by one party to the other party under this Agreement, provided such information is marked or indicated by the disclosing party to be confidential; (ii) and any information which ought reasonably to be considered confidential about the circumstances surrounding disclosure, whether or not such information is marked “Confidential.
In the event a party is required to disclose Confidential Information pursuant to a judicial or other governmental order, such party shall, to the maximum extent permitted by law or opinion of counsel, provide the other party with prompt notice prior to any disclosure so that the party or its client may seek other legal remedies to maintain the confidentiality of such Confidential Information.
Each party receiving Confidential Information shall be responsible for any breach of this provision that is caused by any of its employees, affiliates, representatives or agents and such party agrees to indemnify and hold harmless the other party from and against any liabilities, claims, damages, losses, costs and expenses resulting, directly or indirectly, from any breach by a party, or any of its employees or independent contractors, of any provision of this Agreement. The obligations of this Section shall survive termination of this Agreement for a period of 3 years.
Ownership and Licenses
MY KREATIVE SOLUTIONS acknowledges and agrees that the project deliverables and materials developed or produced by MY KREATIVE SOLUTIONS pursuant to this Agreement (including, without limitation, all presentations, writings, ideas, concepts, designs, text, plans, and other materials that conceives and develops pursuant to this Agreement, including all materials incorporated therein whether such materials were conceived or created by individually or jointly, on or off the premises of Client, or during or after working hours ) shall be treated as if the development of such project deliverables constitutes a “work for hire” and shall be owned by the Client upon payment of amounts due to the MY KREATIVE SOLUTIONS.
Concerning project deliverables& any materials that fall outside the scope of a “work made for hire,” MY KREATIVE SOLUTIONS hereby agrees to assign all ownership (whether represented or not by a registered patent, copyright, trade secret) and proprietary rights, title and interest in such materials to the Client. MY KREATIVE SOLUTIONS agrees to execute such documents as may be required or reasonably requested by the Client, in order to assist Client in obtaining & protecting such rights.
MY KREATIVE SOLUTIONS acknowledges and agrees that MY KREATIVE SOLUTIONS has no ownership or proprietary rights, title and interest in the project deliverables and materials that MY KREATIVE SOLUTIONS submits to Client as part of this Agreement, including, without limitation, any security interest therein, and hereby releases to Client any interest therein (if any) which may be created by operation of law. Except as otherwise agreed and reduced to a separate written agreement between the Parties and as necessary in the performance and enforcement of this Agreement, MY KREATIVE SOLUTIONS shall have no rights to license, sell or use the project deliverables or work product materials developed under this Agreement, or any portion thereof.
WARRANTY
MY KREATIVE SOLUTIONS warrants that: (i) the Services will be performed in a professional and workmanlike manner and that none of the Services to be performed, or any other part of this Agreement, is or will become inconsistent with any obligation MY KREATIVE SOLUTIONS may have to others; (ii) none of the Services or Inventions or any development, use, production, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property rights or any other rights of any person or entity (including, without limitation, MY KREATIVE SOLUTIONS ); (iii) MY KREATIVE SOLUTIONS has the full right to provide Client with the assignments and rights provided for herein; (iv) MY KREATIVE SOLUTIONS shall comply with all applicable laws in the course of performing the Services and (v) if all or part of the Contractor’s work to be performed for the Client requires a license(s), The MY KREATIVE SOLUTIONS either will obtain or has obtained the necessary and requisite license(s).
EXCEPT AS SET FORTH IN THIS ATTACHMENT B, CONTRACTOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, COMPLETENESS OR RESULTS TO BE DERIVED FROM THE WORK. EXCEPT AS SET FORTH HEREIN, ALL PROJECT DELIVERABLES ARE DELIVERED ON AN “AS-IS” BASIS.
Indemnity: Client agrees to indemnify and hold harmless MY KREATIVE SOLUTIONS, its owners and employees from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to MY KREATIVE SOLUTIONS use of materials furnished by Client (including but not limited to, logos, slogans, trademarks, written content, photographs, video, music, and fonts). Information or data obtained by MY KREATIVE SOLUTIONS from you to substantiate claims made in marketing deliverables shall also be deemed to be “materials furnished by you.” Such claims may include claims for invasion of privacy, defamation, patent, trademark, copyright or other intellectual property claims. Additionally, Client agrees to indemnify and hold harmless MY KREATIVE SOLUTIONS, its owners and employees against any and all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to business ideas, innovations, concepts, websites, web-based applications and the like that Client has generated and has asked MY KREATIVE Solutions to develop or implement.
Search engine optimization (SEO)
MY KREATIVE SOLUTIONS cannot guarantee first or top-listed search results. MY KREATIVE SOLUTIONS does not guarantee improvements to your website’s search engine ranking, but MY KREATIVE SOLUTIONS will use SEO best practices and ensure that the pages are fully accessible to search engines.
Cross-Browser and Mobile Testing
MY KREATIVE SOLUTIONS will ensure that the individual’s user experience is appropriate to the capabilities of that browser or device. Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. MY KREATIVE SOLUTIONS will test the websites across the most common browsers (i.e. Google Chrome, Edge, Firefox, Safari) and will test across common devices (i.e. desktop, laptop, Mac, tablet, phone)
Non-Solicit
The Parties mutually agree that during the term of this Agreement and for one year thereafter, that each Party will not unduly influence or solicit, either directly or indirectly, any employee, vendor, client or contractor of the other Party, to leave that Party for any reason.
Relationship of Parties
Nothing contained in this Agreement shall be construed to create a partnership, joint or co-venture, agency, or employment relationship between Contractor and Client. Both Parties agree that Contractor is, and always during the engagement of this Agreement shall remain, an independent contractor.
Term & Termination
Either Party may terminate this Agreement at any time, with or without cause, upon 7 days written notice. Furthermore, either Party may terminate this Agreement immediately if: (i) the breaching party does not cure the breach within 5 days of receiving written notice from the non-breaching party.
If this Agreement is terminated by the Client without cause, Client agrees to pay Contractor any and all sums which are due and payable for: (i) services provided as of the date of termination; and (ii) expenses already incurred, including those from documented non-cancelable commitments. Contractor agrees to use the best efforts to minimize such costs and expenses. Termination for any reason shall not affect the rights granted to Client by Contractor hereunder. Upon termination, Client shall pay to Contractor all undisputed amounts due and payable. If upon termination Client has not paid undisputed fees owed for the material, deliverables or Services provided by Contractor as of the date of termination, Client agrees not to use any such material or the product of such Service, until Client has paid Contractor in full. Any provisions or clause in this Contract that, by its language or context, implies its survival shall survive any termination or expiration of this Agreement. Notwithstanding anything to the contrary in this Agreement, Contractor shall retain a perfected security interest in the deliverable or material until Client has made payment in full for all undisputed amounts as of the termination date. Contractor hereby agrees to release and waive its security interest in the deliverable and material upon receipt of full payment for all undisputed amounts.
Notices:
Any notice or other communications required or permitted herein shall be sufficiently given if in writing and delivered personally or sent by electronic mail (email), Federal Express (or other similar reputable third-party delivery service), registered mail or certified mail, postage prepaid and addressed as noted on the signature page of this Agreement.
Rates.
Rates stated in this Agreement will be applied accordingly. These rates are subject to potential changes at the discretion of MY KREATIVE SOLUTIONS. The company reserves the right to periodically increase the rates listed on any rate card, modify the product/service offerings, or alter the service terms.
In the event of any increase in rates, modifications to products/services, or changes in terms that may impact this agreement, MY KREATIVE SOLUTIONS will provide written notice to the Client 30 days prior to the effective date of such changes. The Client has the option to cancel the remaining term of this Agreement, commencing from the date the new rates, modifications, or changes come into effect. To exercise this option, the Client must notify MY KREATIVE SOLUTIONS in writing no less than 10 days before the changes take effect. Failure to provide such written notice will result in the Client being bound by the new rates, product/service modifications, and terms, which will then be integrated into this Agreement and become effective on the date specified in the prior notice from MY KREATIVE SOLUTIONS.
Payments and Terms
MY KREATIVE SOLUTIONS offers various payment methods for the convenience of its clients, including certified checks, drafts, interac transfers, wire transfers, debit/credit cards, and cash.
The client acknowledges the significance of timely payment to independent contractors and values maintaining a positive working relationship with MY KREATIVE SOLUTIONS to ensure smooth progress on the project. Consequently, payments for each invoice provided by MY KREATIVE SOLUTIONS to the client are required to be settled within 15 days of receipt.
In the event of any overdue payments, MY KREATIVE SOLUTIONS retains the right to suspend work until the outstanding payment is received and cleared. Prompt payment is essential to uphold a productive collaboration and ensure the seamless continuation of the project.
Additional Consulting and Training:
In the event that the client requires further consulting or training services beyond the scope of the project deliverables detailed in Attachment A, these additional services will be subject to a billing rate of $80 per hour. Should the training session extend beyond one hour, the client will be invoiced for the extra training time accordingly.
Furthermore, if the client requests additional consulting meetings, whether in-person or virtual, the time spent in these meetings will be billed as additional consulting time.
It is important to note that any services not explicitly specified in this agreement will be deemed as “additional” services. These services will be quoted separately and independently from this agreement to ensure transparent and accurate billing.
Late Payment:
If an invoice is not settled within the specified timeframe, MY KREATIVE SOLUTIONS reserves the right, to the maximum extent permitted by law, to apply a late payment fee of 1.5% per month on any outstanding and undisputed balance.
It is important to understand that MY KREATIVE SOLUTIONS’ acceptance of these late payment charges does not waive its rights to pursue other remedies in the event of the Client’s breach of this Agreement. All payment obligations are considered non-cancelable, and fees paid are non-refundable.
Expense Reimbursement:
The Client is responsible for reimbursing MY KREATIVE SOLUTIONS for all reasonable expenses that have been explicitly authorized in writing by the Client in advance. These authorized expenses shall be payable within 15 days of the Client receiving an itemized invoice detailing such expenses.
Feedback:
The Client and MY KREATIVE SOLUTIONS shall engage in up to 2 rounds of feedback each. During each round, the Client will provide written feedback and return it to MY KREATIVE SOLUTIONS.
Upon receiving the feedback, MY KREATIVE SOLUTIONS will implement the necessary revisions and seek clarifications if required. After implementing the feedback, MY KREATIVE SOLUTIONS will request the Client to review the changes to ensure accurate implementation of their intentions. If the feedback is successfully implemented without any misunderstanding, the feedback round will be considered closed.
However, if MY KREATIVE SOLUTIONS misinterprets the Client’s intent, revisions will be made free of charge to rectify the misunderstanding.
In case the Client requests further edits beyond the two rounds of feedback and desires to explore different options, additional changes will be incorporated in the subsequent feedback round. For any further rounds of feedback beyond the initial two, MY KREATIVE SOLUTIONS will charge an hourly rate of $80 per hour for the additional work.
Changes:
Any significant alterations to the terms of this Agreement, including the scope of work to be performed and related fees, require the prior written consent of both parties.
Right to Authorship Credit:
Both parties mutually agree that if requested by any third party, the Client must appropriately acknowledge MY KREATIVE SOLUTIONS as the creator of the deliverables. In website designs, MY KREATIVE SOLUTIONS retains the right to include their name and link in the footer. This right can only be waived at MY KREATIVE SOLUTION’S discretion or upon receipt of an additional fee of $999.
While the Client is not obligated to proactively display MY KREATIVE SOLUTIONS’ name alongside the deliverables, the Client may not misrepresent or claim that the deliverables were created by any other entity than MY KREATIVE SOLUTIONS.
The Client grants authorization to MY KREATIVE SOLUTIONS to exhibit and showcase the deliverables as part of their work-product portfolio, galleries, and other media solely for the purpose of demonstrating their work, but not for any other purpose.
Indemnification and Limitation of Liability:
MY KREATIVE SOLUTIONS agrees to indemnify and hold the Client harmless from any and all claims, actions, damages, and liabilities (excluding attorneys’ fees, costs, and expenses) arising from: (i) the negligence, recklessness, act, or omission of MY KREATIVE SOLUTIONS or any of its employees in producing the Project Deliverables; or (ii) any third-party claim arising from a breach or alleged breach by MY KREATIVE SOLUTIONS of any representation, warranty, or covenant in this Agreement.
The Client agrees to indemnify, defend, and hold harmless MY KREATIVE SOLUTIONS, its affiliates, directors, officers, employees, and agents from any and all claims, suits, demands, losses, damages, costs, and expenses (including litigation expenses and attorneys’ fees) arising from: (i) any negligence, recklessness, act, or omission of the Client; (ii) any claim that the materials or project deliverables produced by MY KREATIVE SOLUTIONS (including those utilizing materials provided by the Client) infringe upon or violate any proprietary or intellectual property rights of any third party; or (iii) any breach or alleged breach by the Client of any representations, warranties, or covenants in this Agreement.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, MY KREATIVE SOLUTIONS SHALL NOT BE LIABLE TO THE CLIENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, OR SIMILAR LOSSES) ARISING FROM OR RELATED TO THIS ENTIRE AGREEMENT (INCLUDING ATTACHMENTS A AND B), OR MY KREATIVE SOLUTIONS’ PERFORMANCE HEREUNDER, OR ANY DISRUPTION OF THE FOREGOING, EVEN IF THE CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, MY KREATIVE SOLUTIONS’ AGGREGATE LIABILITY UNDER THIS ENTIRE AGREEMENT (INCLUDING ATTACHMENTS A AND B) SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY THE CLIENT TO MY KREATIVE SOLUTIONS UNDER THIS AGREEMENT.
Governing Law & Forum:
This Agreement shall be governed by the laws of the Province of British Columbia, excluding its conflict of law rules. Any action or dispute arising from or related to this Agreement shall be brought before the applicable courts in British Columbia.
Force Majeure:
Neither party shall be held responsible for any delays or failures in the performance of this agreement to the extent that such party was hindered by any act of God, civil commotion, labor dispute, unavailability or shortages of materials, or any other occurrence beyond its reasonable control.
Severability:
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable for any reason, that specific provision shall be deemed severable from this agreement, and it shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
Scope and Entirety of Agreement:
The Parties acknowledge that there are no representations, warranties, collateral agreements, or conditions affecting this Agreement except as expressly provided herein. This Agreement supersedes and invalidates all prior negotiations, communications, understandings, and agreements pertaining to the subject matter hereof.
Privacy Policy:
Our Commitment to Privacy:
We value your privacy and are committed to safeguarding your personal information. This notice explains our online information practices and the choices you have regarding the collection and use of your information.
The Information We Collect:
This privacy notice applies to all information collected or submitted on the Kreative Solutions website. When you visit certain pages on our site, you may choose to provide personal information through a contact form. The types of personal information we collect on these pages include your name, email address, phone number, and website.
The Way We Use Information:
We only collect information that you voluntarily provide to us via email or direct contact. We use this information to respond to your inquiries and address the reasons for your contact. We do not share this information with third parties unless it is necessary to fulfill your request or order. Non-identifying and aggregate information is used for generating statistical reports, monitoring and analyzing site traffic and usage, and enhancing our website. We never use or disclose personally identifiable information in ways unrelated to the ones described above.
Cookies:
Our website uses “cookies” to automatically collect information about how you use our site. Cookies are text files placed on your computer to gather standard internet log information and visitor behavior data.
We use three categories of cookies:
- Necessary Cookies: These are essential for the website’s operation, such as managing logins and saving cart items.
- Analytical Cookies: These track website visitors and their interactions, allowing us to compile statistical reports and improve the website’s functionality and your experience.
- Third-Party Cookies: Used by third-party providers (e.g., Google, Facebook) to enable their services. We have no control over these cookies and provide a link to their privacy policy.
The third-party plugins and technologies integrated into our website use cookies. We anonymize this data upon collection and automatically delete user and event data older than two years. Our website is built with WordPress (View their Privacy Policy) and uses Google Analytics (View their Privacy Policy). All contact form submissions are sent to our Gmail.
You can change your cookie preferences in some browsers. Please consult your browser’s help section for more information. You may opt-out of Google Analytics tracking by using the Google Analytics Opt-Out Browser Add-on.
Data Security:
We implement physical, electronic, and managerial measures to prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information collected online.
Outside Links:
Our website may contain links to other sites. We are not responsible for the content or privacy practices of those external websites. We encourage you to read the privacy statements of any new website you visit after leaving our site.
Accessing or Correcting Your Information:
You have the right to access and correct any personally identifiable information we collect and maintain. To do so, please submit a request via email, phone, or mail. For your privacy and security, we will verify your identity before granting access or making corrections.