When working with Creative Stream Marketing, you agree to these Terms Of Service and Policies. These serve as the framework for the working relationship as well as explaining your rights and responsibilities. This includes but is not limited to Marketing & Creative Services, Web Design & Development, and Branding Services.
Revised November 1, 2022
Rights and Ownership
Creative Stream Marketing, LLC “the Company” assumes that all materials or information provided by the Client are confidential, whether verbally communicated, written or as digital files.
The following information is included here for your information, as this is how US copyright law works, and how we work.
Creative Stream Marketing, LLC operates under commonly accepted practices regarding copyright issues. Therefore, Creative Stream Marketing retains all ownership rights to all created content. Creative Stream Marketing grants the Client a perpetual, royalty-free, worldwide, transferable right and license to (a) use, (b) copy, print, display, publish or transmit, (c) modify, adapt or translate the final versions of content written, designed, created or developed by Creative Stream Marketing.
No native file formats will be delivered to the client, which include but are not limited to:
- Adobe Photoshop
- Adobe Illustrator
- Adobe InDesign
- Adobe XD
- Adobe After Effects
- Adobe Premiere Pro
- Adobe Audition
- Adobe Dreamweaver
- Any other Adobe Creative Suite formats
- Affinity Designer
- Affinity Photo
- Affinity Publisher
- Any other content creation applications.
Rights are granted for Creative Stream Marketing to use the content for promotional purposes, such as a website portfolio, client logo on its website, press release announcing Client has selected Creative Stream, or other related purpose. The client agrees to all policies of Creative Stream Marketing, except as noted in your specific agreement.
When working with us, you, as the Client, will provide essential details of services, solutions, products or promotions with recommendations from the Company. The Client shall be responsible for review of artwork or documents presented and shall communicate approval or disapproval of various elements of both. If, after the Client has approved a design, the Client requests changes that require additional services from the Company, the Client shall pay a minimum change fee of $150, or $150 per hour, whichever is greater. No additional services will be provided, nor fees incurred, without the approval of the client.
If agreement terminates, the client is responsible to pay the total balance of all payments upon termination. Client is responsible for any and all fees arising from the collection of amounts due. If agreement terminates, the client is responsible to pay the total balance of open invoices for products and services provided. If any project is extended beyond reasonable time frames due to Client delay, the Company has the right to terminate the project or agreement, or charge additional fees as necessary based on costs that were incurred for the project. The Company retains the right to decline any project it thinks does not align with the Client’s brand and/or effective marketing principles.
To the best of our knowledge, any materials and intellectual property created are original and do not infringe upon the intellectual property rights of others. However, Clients are advised to engage legal counsel, at its own expense, to verify the originality of work. The Client shall indemnify, defend, and hold Creative Stream Marketing, LLC harmless from and against any claim, suit, damages and expense, including attorney’s fees, arising from or out of any claim by any party that its rights have been or are being violated or infringed upon with respect to any materials or artwork provided by the Client or Creative Stream Marketing. All indemnities shall continue even after termination of services.
This is a legally binding contract governed by the laws of the State of Ohio, USA.
Communication & Availability
Creative Stream Marketing takes its partnership with clients seriously. In addition to weekly marketing calls, we are always available during standard business hours. However, if there is an urgent need, we encourage our clients to contact us, including nights and weekends.
The company is closed for the following holidays:
- New Year’s Day, January 1
- Memorial Day
- Independence Day, July 4
- Labor Day
- Thanksgiving Day and Black Friday
- December 24 through Jan 2
Web Maintenance Policy
Clients hosting a website on our server agree to provide the Creative Stream web development team with an admin account on the website, and to retain that account for the duration of hosting with us. Client also agrees to keep its CMS (Content Management System), Themes, and Plugins updated to the latest versions. This is to ensure safety and security for all websites on the server.
If Creative Stream is notified that a client website on the server has an outdated CMS, theme, or plugins which are posing security risks, we will notify the client immediately. Upon notification, if the client does not take action within 30 days, we reserve the right to access the effected website, make backups, and update the website accordingly, for which the client shall pay a minimum maintenance fee of $150, or $150 per hour, whichever is greater.
Clients have the option to sign up for one of our web hosting plans instead, in which case the Creative Stream team will make all necessary updates, backups, and security checks on a monthly basis.
Timing of Website Builds
Timing depends on both the Company and the Client. Depending on scope of the project, website design/ development can take from 90-120 days. It is the intention of the Company to complete the project in a timely manner and avoid delays.
- Website will not be made live until total balance is paid in full. If project is delayed by Client choice, balance due is required regardless. Client will guarantee timely payment of balance by supplying credit card in advance, and an additional 4% processing fee applies.
- Any additional fees arising from e-commerce requirements, domain name, or other services outside of this scope are the responsibility of the client.
- Creative Stream Marketing will host your site on our Virtual Private Server. The VPS is held by Media Temple, a WordPress specialty hosting company owned by GoDaddy. Technical details are included in your specific agreement.
- Your site will be 100% functional on our staging site and server. We cannot guarantee it will function properly on your own company server and advise against a self-hosted website. Client assumes responsibility for the proper installation, display and functioning of the site on their own server.
- Additional charges will apply to move the site away from our hosting.