Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and CreataCo, LLC (“CreataCo,” “we,” “us,” or “our”), a Michigan limited liability company headquartered in Detroit, Michigan.

By accessing our website at creataco.com, submitting any form, requesting a consultation, or entering into any service agreement with CreataCo, you agree to be bound by these Terms. If you do not agree, do not use our Site or engage our services.

For clients who enter into a formal service agreement (Statement of Work, Project Agreement, or Proposal), those documents govern the specific terms of the engagement. In the event of a conflict between a project-level agreement and these Terms, the project-level agreement controls.

2. Services & Scope of Work

CreataCo offers digital agency services including, but not limited to, web design and development, brand identity design, digital marketing, search engine optimization (SEO), e-commerce development, and related consulting services.

Project Agreements

All services are performed pursuant to a written project scope, proposal, or Statement of Work (SOW) agreed upon by both parties before work commences. The scope defines deliverables, timelines, revision rounds, and fees.

Client Responsibilities

You agree to:

• Provide timely feedback, approvals, and access to necessary accounts, content, and assets
• Designate a single point of contact with authority to make decisions on behalf of your organization
• Ensure that all content and materials you provide to us do not infringe any third-party rights
• Review and respond to deliverable submissions within the timeframe specified in the project agreement (typically 5–7 business days)

Delays caused by late feedback, unavailability, or failure to provide required materials may extend project timelines. CreataCo is not responsible for delays attributable to the Client.

Revisions

Each project scope includes a specified number of revision rounds. Revisions beyond the included rounds will be billed at our standard hourly rate, which will be communicated in advance.

3. Payment & Fees

Project Fees

Project fees are outlined in your proposal or SOW. All fees are in U.S. dollars. Standard payment structure is a deposit upon engagement (typically 50% of the project total) with the balance due at defined project milestones or upon completion, as specified in the project agreement.

Retainer and Ongoing Services

For ongoing monthly services (SEO retainers, digital marketing, hosting, maintenance), fees are billed monthly in advance. Recurring charges will be processed on the same day each month unless otherwise agreed.

Late Payments

Invoices are due within 14 days of issuance unless otherwise stated. Overdue amounts are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance. CreataCo reserves the right to pause or suspend work on any project or service where payment is overdue by more than 14 days.

Refunds

Deposits are non-refundable once work has commenced. If a project is canceled by the Client after work has begun, the Client is responsible for fees corresponding to the work completed up to the date of cancellation, as reasonably determined by CreataCo. If CreataCo cancels a project without cause, deposits will be refunded on a pro-rata basis.

Pricing Changes

CreataCo reserves the right to adjust pricing for ongoing services with 30 days' written notice. Pricing for agreed project scopes will not change once a proposal is countersigned.

4. Intellectual Property

Ownership Upon Payment

Upon receipt of full payment for a project, CreataCo assigns to the Client all intellectual property rights in the final custom deliverables created specifically for that project (the “Work Product”), including logos, website designs, written copy, and graphics, to the extent permitted by applicable law.

CreataCo Retained Rights

CreataCo retains ownership of all pre-existing intellectual property, proprietary tools, frameworks, code libraries, and methodologies developed prior to or independently of the Client engagement. CreataCo also retains a royalty-free license to display the Work Product in its portfolio, on its website, and in marketing materials unless the Client requests otherwise in writing.

Third-Party Assets

Some projects may incorporate third-party elements (stock photography, icon libraries, fonts, or software licenses). These remain subject to the licensing terms of their respective owners. CreataCo will communicate any licensing requirements to the Client. The Client is responsible for ensuring ongoing compliance with third-party license terms after project handoff.

Client Content

You represent and warrant that all content, trademarks, images, and materials you provide to CreataCo are owned by you or that you have the right to provide them for use in your project. You grant CreataCo a license to use your content solely for the purpose of delivering the agreed services.

5. SMS & Phone Communications Consent

Nature of Communications

CreataCo may contact you via SMS text message and/or telephone call for purposes including:

• Responding to your inquiry or project request
• Scheduling and confirming discovery calls or strategy sessions
• Providing project updates, approvals, or time-sensitive information
• Sharing relevant offers, programs, and resources from CreataCo
• Follow-up communications related to our Michigan Business Initiative or other programs

Consent is Not a Condition of Purchase

Your consent to receive SMS and phone communications is not required as a condition of purchasing any CreataCo service. You may contact us at hello@creataco.com without providing a phone number.

Opting Out

You may revoke your SMS consent at any time by replying STOP to any text we send. You may revoke phone call consent by notifying us in writing at hello@creataco.com or by calling (313) 591-0939. Opting out of marketing communications will not affect any legally required communications or transactional messages related to active service agreements.

Message Frequency & Rates

Message frequency varies. You may receive up to 4–6 messages per month. Message and data rates may apply. CreataCo is not responsible for charges imposed by your mobile carrier. For support, reply HELP to any text or email hello@creataco.com.

TCPA Compliance

CreataCo's SMS and phone marketing practices comply with the Telephone Consumer Protection Act (TCPA) and applicable federal and state regulations. We do not use autodialed or pre-recorded calls without prior express written consent.

6. Confidentiality

Each party agrees to treat as confidential all non-public information it receives from the other party in connection with a service engagement (“Confidential Information”), and to use it solely for performing or receiving the services. Confidential Information does not include information that is or becomes publicly known through no fault of the receiving party, was independently developed by the receiving party, or is required to be disclosed by law.

CreataCo will not disclose your business information, strategies, or project details to competitors or third parties except as necessary to deliver the agreed services or as required by law.

7. Warranties & Representations

CreataCo Warranties

CreataCo represents and warrants that:

• We have the right to enter into agreements and perform the services described
• Services will be performed in a professional and workmanlike manner consistent with industry standards
• Deliverables will conform in all material respects to the agreed specifications

Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, CREATACO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATACO DOES NOT WARRANT THAT WEBSITE TRAFFIC, SEARCH RANKINGS, OR BUSINESS RESULTS WILL MEET ANY SPECIFIC TARGET.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATACO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF CREATACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CREATACO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CREATACO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless CreataCo, LLCand its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our services; (b) your violation of these Terms; (c) your content or materials provided to CreataCo; or (d) your violation of any third-party rights.

10. Termination

Either party may terminate an ongoing service agreement with 30 days' written notice. Upon termination, the Client is responsible for fees corresponding to work completed through the termination date. CreataCo will provide final deliverables for completed work upon receipt of all outstanding payments.

CreataCo reserves the right to terminate any agreement immediately upon written notice if the Client materially breaches these Terms or any project agreement and fails to cure such breach within 10 days of written notice.

11. Governing Law & Dispute Resolution

These Terms and any service agreements with CreataCo are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our services that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration in Detroit, Michiganunder the rules of the American Arbitration Association. The prevailing party may seek recovery of reasonable attorneys' fees.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction located in Michigan to protect intellectual property rights or Confidential Information.

12. Modifications

CreataCo reserves the right to modify these Terms at any time. Updated Terms will be posted to this page with a revised effective date. For ongoing service clients, material changes will be communicated with 30 days' notice. Continued use of our Site or services after the effective date of any modification constitutes your acceptance of the updated Terms.

13. Contact

If you have questions about these Terms, please contact us:

• Email: hello@creataco.com
• Phone: (313) 591-0939
• Address: CreataCo, LLC, Detroit, Michigan

You may also review our Privacy Policy.