Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Jenny B. Creative, LLC.

All work is carried out by Jenny B. Creative, LLC. on the understanding that the client has agreed to Jenny B. Creative’s terms and conditions.

Copyright is retained by Jenny B. Creative, LLC. on all design work, including words, pictures, ideas, visuals, and illustrations, unless specifically released and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by Jenny B. Creative, LLC. as fulfilling the agreement. All other designs remain the property of Jenny B. Creative, LLC unless agreed in writing that this arrangement has been changed.

Project Acceptance
At the time of the proposal, Jenny B. Creative, LLC will provide the customer with a estimate or quotation. Full Terms and Conditions can be read on Jenny B. Creative, LLC website at www.jennybcreative.com/termsandconditions.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Jenny B. Creative, LLC. Alternatively, the client may send an official order in reply to the estimate or quotation, which binds the client to accept Jenny B. Creative, LLC's terms and conditions. No work on a project will commence until either document has been received by Jenny B. Creative, LLC.

Monthly Services

Monthly Marketing Management Fees are due in full on the first of each month. Services listed above will not be performed until the monthly fee is received. The client signature on this quote represents the client agreeing to a three-month service term and will auto-renew unless indicated by the client in writing to jenny@jennybcreative.com. Items divided into monthly payments cannot be canceled and will come off the monthly charge when all payments are made. All monthly payments are final, and services will be completed for the month paid unless otherwise indicated by the client. Additional hours needed past the scope of the retainer will be charged at the rate indicated on the estimate unless indicated as urgent. Urgent jobs are billed at $187.50/hr. Additional services will be added to the following month’s invoice.

Design Charges

Charges for design services to be provided by Jenny B. Creative, LLC will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a payment of 50% of the quoted fee will become immediately due on project, $250 in total value or more, and 50% due at the time of launch/release or 60 days, whichever comes sooner.

The customer will be provided with a review of the work provided. If proof rounds are indicated, the client will be notified when the limit is reached, and a flat $125 an-hour rate will be applied to all time used after this limit. Once the creative provided is approved. The customer needs to provide final approval in writing. At this time the remainder of the amount due will become payable to Jenny B. Creative, LLC. 

Publication and/or release of work done by Jenny B. Creative, LLC on behalf of the client may not take place before cleared funds have been received. Once payment has been made, there will be no reimbursement of funds unless agreed by Jenny B. Creative, LLC in writing.

Returned checks will incur an additional fee of $50 per returned check. Jenny B. Creative, LLC reserves the right to consider an account to be in default in the event of a returned check.

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice or following a returned check. Jenny B. Creative, LLC. shall be considered entitled to remove Jenny B. Creative, LLC and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes all unpaid due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers, and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Jenny B. Creative, LLC. reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks
By supplying text, images, and other data to Jenny B. Creative, LLC for inclusion in the customer’s business cards, flyers, pamphlets, website, or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer or rightful copyright or trademark owner.

By supplying images, text, or any other data to Jenny B. Creative, LLC, the customer grants Jenny B. Creative, LLC permission to use this material freely in the pursuit of the design.

Any artwork, images, or text supplied by Jenny B. Creative, LLC on behalf of the customer will remain the property of Jenny B. Creative, LLC and/or its suppliers.

Any artwork, images, or text created by Jenny B. Creative, LLC on behalf of the customer will remain the property of Jenny B. Creative, LLC until the final project is approved, the full fee has been received by Jenny B. Creative, LLC, and the final creative is released to the client. The client may request transfer of copyright in writing at any time after the final approval and final fee is received by Jenny B. Creative, LLC. The customer understands that it is the client’s responsibility to copyright the design (www.copyright.gov) and/or seek a trademark (www.uspto.gov/main/trademarks.htm).

Should Jenny B. Creative, LLC, or the customer supply an image, text, audio clip, or any other file for use in business cards, flyers, pamphlets, websites, multimedia presentations, print items, exhibitions, advertisements, or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Jenny B. Creative, LLC to remove and/or replace the file when applicable.

The customer agrees to fully indemnify and hold Jenny B. Creative, LLC free from harm in all claims resulting from the customer not having obtained all the required copyright and/or any other necessary permissions.

Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Jenny B. Creative, LLC. holds no responsibility for any amendments made by any third party before or after a design is published.

Design Project Duration
Any indication given by Jenny B. Creative, LLC of a design project’s duration is to be considered by the customer to be an estimation. Jenny B. Creative, LLC. cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Jenny B. Creative, LLC for the initial payment or by the date confirmed in writing by Jenny B. Creative, LLC.

Design Project Completion
Jenny B. Creative, LLC considers the design project complete upon receipt of the customer’s review with a written statement accepting approval. Other services such as printing, display panel production, film work, website uploading, publishing, etc., either contracted on the client’s behalf, constitute a separate project and can be treated as a separate charge. Once a project has been designed and emailed, there will be no refunds.

Project Abandonment
If after repeated attempts to begin, continue, or finalize the delivery of services, Customer fails to participate or becomes otherwise unresponsive to Jenny B. Creative’s requests for a period of two (2) months, the project may be considered abandoned, and Jenny B. Creative, LLC may reduce any refund the Customer may otherwise be entitled to hereunder to zero, and Customer will have forfeited all rights to receive any refund for services purchased or as described in the original invoice. Jenny B. Creative, LLC may issue customer credit for future services at its discretion. Full payment for rights to creative still applies. Small projects under the deposit limit will be billed for time used at 60 days.

Design Credits
The customer agrees to allow Jenny B. Creative, LLC to place a small credit on printed material exhibition displays, advertisements, and/or a link to Jenny B. Creative’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow Jenny B. Creative, LLC to place websites and other designs, along with a link to the client’s site, on Jenny B. Creative’s own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal
Jenny B. Creative, LLC will not include in its designs any text, images, or other data that it deems to be immoral, offensive, obscene, or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Jenny B. Creative, LLC also reserves the right to refuse to include submitted material without giving a reason. Any images and/or data that Jenny B. Creative, LLC does include in all good faith and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Jenny B. Creative, LLC to remove the contravention without hindrance or penalty. Jenny B. Creative, LLC is to be held in no way responsible for any such data being included.

Cancellation
Cancellation of orders may be made by formal notification in writing. The client will then be invoiced for all work completed over and above the deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Jenny B. Creative, LLC within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer
Jenny B. Creative, LLC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Jenny B. Creative, LLC will not be held responsible for any and all damages resulting from products and/or services it supplies. Jenny B. Creative, LLC is not responsible for any loss or consequential loss of data or non-delivery of products or services of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Jenny B. Creative, LLC responsible for any such loss or damage. Any claim against Jenny B. Creative, LLC shall be limited to the relevant fee(s) paid by the customer.

Jenny B. Creative, LLC reserves the right to use the services of sub-contractors, agents, and suppliers, and any work, content, services, and usage is bound by their Terms and Conditions. Jenny B. Creative, LLC will not knowingly perform any actions to contravene these, and the client also agrees to be so bound.

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Jenny B. Creative, LLC reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Jenny B. Creative, LLC and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Jenny B. Creative, LLC.

Confidentiality
Jenny B. Creative, LLC agrees to keep all client information and materials confidential and will not disclose such information to any third parties without the client’s prior written consent, except as required by law.

Data Protection
Jenny B. Creative, LLC will comply with all relevant data protection laws, including the General Data Protection Regulation (GDPR). Client data will be stored securely and used only for the purposes of delivering the contracted services.

Liability Limitation
Jenny B. Creative, LLC shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the services provided. The total liability of Jenny B. Creative, LLC shall not exceed the amount paid by the client for the specific service that gave rise to the claim.

Payment Terms
Payment for services is due upon receipt of the invoice unless otherwise agreed in writing. Late payments will incur an interest charge of 1.5% per month on the outstanding balance. Disputes regarding payments must be submitted in writing within 30 days of the invoice date.

Revisions and Approvals
The client is entitled to 3 rounds of revisions as specified in the estimate. Additional revisions will be billed at $125 per hour. The client must provide feedback or approval within 14 days of receipt of deliverables. Delays in feedback may result in project delays.

Termination
Either party may terminate this agreement by providing [number] days’ written notice. Upon termination, the client will pay for all work completed up to the termination date. If the client terminates the project after work has begun, the initial deposit is non-refundable.

Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including natural disasters, pandemics, and other force majeure events.

Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under or in connection with this agreement shall be resolved in the courts of Florida.

Client Responsibilities
The client is responsible for providing all necessary materials, information, and approvals in a timely manner. The client warrants that all content provided does not infringe on the rights of any third party.