Terms of Services
This Agreement was last modified on March 31, 2019.
Please read these Terms of Service completely when using https://creativetable.co. This Agreement documents the legally binding terms and conditions attached to the use of the Site at https://creativetable.co.
By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Services.
The Site and all of its content are the sole property of CreativeTable, Inc. and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
CreativeTable, Inc. reserves the right to terminate your access to the Site, without any advance notice.
Links to other websites
Our Site may contain links to other websites and online resources that are not owned or controlled by CreativeTable, Inc.
This Agreement is governed in accordance with the laws of New York, United States.
Changes to this agreement
CreativeTable, Inc. reserves the right to modify these Terms of Services at any time. We do so by posting the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Services. Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the https://creativetable.co site immediately.
At the time of proposal, CreativeTable, Inc. will provide the client with a written project details and fee. This can be in the form of email, printed document or both. A copy of a written project details and fee must be signed and dated by the client to indicate acceptance and should be returned to CreativeTable, Inc. Alternatively, the client may send an official order in reply to the written project details and fee which binds the client to accept CreativeTable, Inc.’s Terms and Conditions. If no documentation is signed it will be assumed that the client is prepared to accept CreativeTable, Inc. project details and fee after work has been commissioned.
Fees and payment
The client will be provided with an invoice prior to project commencement. The client will make a 50% down payment prior to work commencing. The project can be scheduled once the down payment is received by CreativeTable, Inc. The down payment is non-refundable. The remaining 50% is payable to CreativeTable, Inc. within 30 days of project completion and before the original artwork is supplied to the client. Under no circumstances will project artworks or deliverables be released until final payment is cleared.
Fees quoted are based on expertise, value added and time by CreativeTable, Inc. for the project issued. The fee issued by CreativeTable, Inc. will not alter if the project duration is increased on the part of CreativeTable, Inc. If the project duration is lengthened by the client then the fee will rise by an additional 10%.
The fee will not include print costs, web hosting costs, purchase of fonts or stock photography, materials, and extra charges incurred throughout the project duration by third parties, however, CreativeTable, Inc. will source third party quotations for the project as standard and will inform the client of these costs to be agreed to before hiring third parties.
If the project assigned will be extending over a longer period (i.e. 6 months - 1 year), CreativeTable, Inc. may require payments made in monthly installments. The client will be made aware that this could be a possibility at the beginning of the project.
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of design will be liable to a separate charge. The client also agrees that CreativeTable, Inc. holds no responsibility for any amendments made by any third party, before or after designs aredeveloped and delivered. We recommend that proofs are viewed in the latest available Adobe Reader and this should be downloaded before giving proof approval.
The client shall be responsible to ensure that the content of any artwork is correct, this includes print ready artwork and digital files supplied by third parties and supplied by CreativeTable, Inc. All final printed artwork and digital files must be approved by the client and any errors including typographical and design errors once printed and or developed for digital use are without any liability on the part of CreativeTable, Inc.
CHARGES FOR OTHER SERVICES
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. If a meeting is required before a project is assigned, CreativeTable, Inc. will charge at an hourly rate, which will be made available to the client when requested. If it is decided that no further contact will take place after the initial meeting, then no further charges will be made.
If the final invoice is not paid within the 30 day period a 5% “delayed payment” fee will be charged. This initial 5% charge will be added upon each recurring 14 day period until the full amount has been received by CreativeTable, Inc.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice.
Returned payments will incur an additional fee of $100 per payment. CreativeTable, Inc. reserves the right to consider an account to be in default in the event of a returned payment. A processing fee of 5% will be chargeable on all quotes and payments.
If there are any questions regarding the Terms of Services, you may contact us using the information below.
We can be contacted from Monday to Friday between 9am and 5pm. The majority of designer/client contact is normally via email, which helps both parties to keep track of specific design requirements and potential changes, although a contact number will be issued once initial email contact has been made.
Copyrights and trademarks
All content and materials available on https://creativetable.co, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of CreativeTable, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by CreativeTable, Inc.
Copyright is retained by CreativeTable, Inc. on all design work including words, photos, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
By supplying text, images and other data to CreativeTable, Inc. for project work, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
If a choice of design is presented, only one solution is deemed to be given by CreativeTable, Inc. as fulfilling the contract. All other designs remain the property of CreativeTable, Inc., unless agreed in writing that this arrangement has been changed.
All services provided by CreativeTable, Inc. shall be for the exclusive use of the client other than for CreativeTable, Inc.’s promotional use. Upon payment of fees and expenses, the following reproduction rights for all approved final designs created by CreativeTable, Inc. for this project shall be granted:
• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce works through commercial printers.
• The client shall be entitled to full ownership of all artwork created during the project upon full payment of the agreed fee.
The client shall provide CreativeTable, Inc. with samples of print design and/or photography that result in such deliverables. Such samples shall be representative of the highest quality of work produced. CreativeTable, Inc. shall use such copies and samples for publication, exhibition, or other promotional purposes. CreativeTable, Inc. shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition or other promotional purposes.
CreativeTable, Inc. may contract with other creative professionals to provide services such as web development, interior design, photography and illustration. Any third-party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalized prior to project commencement, unless requested by the client at a later date.
By supplying images, text, or any other data to CreativeTable, Inc., the client grants CreativeTable, Inc. permission to use this material freely in the pursuit of the design. Should CreativeTable, Inc. or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow CreativeTable, Inc. to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold CreativeTable, Inc. free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
If, after project commencement, client communication (face to face, telephone, or email) stops for a period of 30 days, the project can be cancelled, in writing by CreativeTable, Inc., and ownership of all copyrights shall be retained by CreativeTable, Inc. A cancellation fee of 50% of the remainder of agreed unpaid fees will be charged to the client. A new agreement will need to be made for the project to commence if the client wishes to pursue the project in the future.
The client shall inform CreativeTable, Inc. in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
The client agrees to indemnify and hold harmless CreativeTable, Inc. from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including solicitors’ fees and costs, but only to the extent caused by, arising out of, the work supplied by CreativeTable, Inc.
By agreeing to and signing a written proposal upon project commencement, the parties hereto have agreed to all of the Terms of Services of this Agreement, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all of the Terms of Services herein.