Definitions
- The Client: The company or individual requesting the services of Creative Canvas.
- Creative Canvas: Creative Canvas Team and their students, employees, agents, and representatives.
- The Program: Creative Canvas contractual work with the client
General
Following execution of this Agreement by both parties, Creative Canvas will provide the services specified in the attached work order. Creative Canvas will not provide services to clients who are under the age of 18.
Release of Liability
In consideration of The Client’s participation in the Program, The Client hereby releases Creative Canvas and their students, employees, agents, and representatives from any and all liability that may result from the conduct or content of the work performed as part of the Program. This Release of Liability includes, but is not limited to, any work performed and services provided relating to website design; website hosting; database, application, and e-commerce development; and computer hardware and software support.
Copyrighted Material
The client remains fully responsible for compliance with U.S. copyright laws with respect to materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Website Hosting
Creative Canvas offers limited hosting services by buying server space from third party vendors. We can refer you to their site should you require any additional information or need the terms and conditions. Creative Canvas makes no guarantees as to the availability, malfunction, or interruption of this hosting service.
Website Dependencies
In the event that any aspect of this website project is dependent on a separate third party, the quality and punctuality of the finished website may be subject to said party’s ability to meet the required time lines and/or level of quality. Creative Canvas is not responsible for any delay or defect caused by separate third party code or plug-ins. If the third party plug-ins or code change and cause disruptions in service to your website, Creative Canvas will bill at our hourly web design rate to work with the third party and make changes to your website to get you up and running again.
Hours of Business
Creative Canvas operates during normal business hours of Monday – Friday 8am – 5pm CST. We do our best to help you at any time of the day/week, however, assistance outside of those normal business hours is subject to consultant availability and not guaranteed.
Database, Application and E-Commerce Development
The client remains solely responsible for ensuring that all software is functioning correctly before use.
Computer Hardware and Software Support
Creative Canvas will only perform and provide computer services, repairs, and upgrades as requested by the customer. There may be circumstances under which your computer cannot be repaired. It may have to be rebuilt or upgraded. Predicting the length of time required to service/repair your computer may not be possible. The Client understands that in the process of working on your computer equipment, there is a potential for data loss. The Client agrees that you have made the necessary backups of your data so that, in the event of such loss, the data can be restored. The Client will be solely responsible for data loss or damage to data. The Client authorizes Creative Canvas to install anti- virus and any other necessary software on its computers to perform required services.
Payment of Accounts
A deposit sufficient to cover Creative Canvas’ out-of-pocket expenses is required from the client before any work is performed. A final invoice will be created and sent when the project is finished. Full payment of the final invoice is due within 30 days of the invoice date, unless other payment arrangements are made in advance. Failure to make full payment as specified may result in denial of access to the related website or project work and removal of web pages. Creative Canvas reserves the right to take further action in such circumstances. For recurring services or websites, payment is due each anniversary period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Creative Canvas to request termination of services.
Grant of Rights
The work to be performed under this Agreement is considered work made for hire under U.S. copyright law, with ownership of the final product to be held by The Client.