Terms and Conditions
Effective Date: January 1, 2025
1. Agreement to Terms
By engaging WBX Creative ("Company," "we," "us," or "our") for services, you agree to be bound by these Terms and Conditions ("Terms"). These Terms apply to all services provided by WBX Creative, including but not limited to web design, branding, marketing, technical services, and consulting.
2. Services
WBX Creative provides creative, technical, and consulting services as outlined in individual project proposals or service agreements. The specific scope of work, deliverables, timeline, and fees will be detailed in a separate project agreement or statement of work.
3. Client Responsibilities
You agree to:
- Provide timely feedback and approvals necessary for project completion
- Supply all necessary content, materials, and information as requested
- Ensure all provided materials do not infringe on any third-party rights
- Make timely payments according to the agreed payment schedule
- Designate a single point of contact for project communications
4. Payment Terms
Deposits: A 50% deposit is required before work begins on any project unless otherwise specified in writing.
Payment Schedule: The remaining balance is due upon project completion or according to the milestone schedule outlined in your project agreement.
Late Payments: Payments not received within 30 days of the invoice date will incur a 1.5% monthly late fee. Work may be suspended on accounts more than 30 days past due.
Care Plans: Monthly care plan fees are billed in advance on the first of each month. Annual plans are billed yearly in advance.
5. Intellectual Property
Client Materials: You retain all rights to materials you provide to us for use in your project.
Final Deliverables: Upon receipt of final payment, you own all rights to the final deliverables created specifically for your project, excluding any third-party materials or pre-existing WBX Creative materials.
Portfolio Rights: WBX Creative retains the right to display completed work in our portfolio and marketing materials unless a non-disclosure agreement specifies otherwise.
Third-Party Materials: Any third-party materials (stock photos, fonts, plugins, etc.) are subject to their respective licenses. Additional licensing fees may apply and will be communicated to you.
6. Revisions and Change Requests
The number of included revisions is specified in your project agreement. Additional revisions beyond the included amount will be billed at our current hourly rate. Significant changes to the project scope after work has begun will require a change order and may affect timeline and costs.
7. Timeline and Delays
Project timelines are estimates based on the prompt receipt of all required materials and feedback. Delays in client feedback or approvals may extend the project timeline. WBX Creative is not liable for delays caused by circumstances beyond our reasonable control.
8. Cancellation Policy
Client Cancellation: If you cancel a project after work has begun, you are responsible for payment of all work completed up to the cancellation date. Deposits are non-refundable.
Care Plan Cancellation: Monthly care plans require 30 days written notice for cancellation. Annual plans are non-refundable but service will continue through the paid term.
9. Warranties and Disclaimers
Service Warranty: We warrant that services will be performed in a professional and workmanlike manner. We will correct any errors in our work at no charge if reported within 30 days of delivery.
No Guarantee of Results: While we strive for excellence, we cannot guarantee specific business results, search engine rankings, or conversion rates.
Third-Party Services: We are not responsible for the performance or availability of third-party services, platforms, or integrations.
10. Limitation of Liability
WBX Creative's total liability for any claim arising from or related to our services shall not exceed the total amount paid by you for the specific service giving rise to the claim. We are not liable for any indirect, incidental, special, or consequential damages, including lost profits or data.
11. Indemnification
You agree to indemnify and hold harmless WBX Creative from any claims, losses, or damages arising from:
- Your breach of these Terms
- Your violation of any third-party rights
- Content or materials you provide to us
- Your use of the deliverables we provide
12. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the project. This obligation survives the termination of our business relationship.
13. Website Hosting and Maintenance
Hosting Services: If we provide hosting, you acknowledge that uptime is not guaranteed 100% and scheduled maintenance may occur. We will make reasonable efforts to minimize downtime.
Backups: While we perform regular backups as part of care plans, you are ultimately responsible for maintaining your own backups of critical data.
Security: We implement reasonable security measures but cannot guarantee protection against all security breaches or attacks.
14. Dispute Resolution
Any disputes arising from these Terms or our services will first be addressed through good-faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
15. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions.
16. Modifications to Terms
WBX Creative reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified Terms.
17. Entire Agreement
These Terms, together with any project agreements or statements of work, constitute the entire agreement between you and WBX Creative regarding our services.
18. Contact Information
For questions about these Terms or our services, please contact us at:
WBX Creative
Email: weston@wbxcreative.com
Phone: (615) 653-6369
Hours: Monday-Friday, 8AM-6PM EST
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.