General Terms & Conditions

Appointment Booking Cancellation and No‑Show Policy

While our initial discovery calls are complimentary, we value the significance of our time spent together. If you find it necessary to reschedule, we kindly request a minimum of six (6) hours’ notice. Cancellations made without adequate notice or missed appointments may be subject to a $75 fee. We appreciate your understanding and cooperation.

Intellectual Property, Copyright & Attribution

Client‑Provided Materials

The Client assures Creative Atmosphere and unconditionally guarantees that any elements provided for inclusion in the project are owned by the Client or that the Client has obtained permission from the rightful owner to use each of these elements. The Client agrees to indemnify, protect, and defend Creative Atmosphere and its subcontractors from any claims or suits arising from the use of such materials.

Ownership Upon Final Payment

Creative Atmosphere guarantees that all aspects of design and construction of the project will be disclosed to the Client upon completion. Upon receipt of full payment, ownership of the final website files, excluding third‑party licenses, stock assets, and proprietary tools, will transfer to the Client.

Website Attribution & Credit

Unless otherwise agreed to in writing, Creative Atmosphere retains the right to include a discreet credit and/or hyperlink in the website footer identifying Creative Atmosphere as the original website designer and developer.

This attribution may not be removed, altered, or replaced without prior written consent from Creative Atmosphere. Ongoing maintenance, content updates, SEO services, hosting, or website management performed by the Client or any third party does not constitute authorship or ownership of the website’s original design or development.

No third party may claim, imply, or represent that they designed or developed the website unless a substantial redesign has been completed and agreed to in writing by Creative Atmosphere.

Substantial Redesign Definition

A “substantial redesign” is defined as a comprehensive visual and structural overhaul of the website, including but not limited to changes in layout, branding, navigation structure, and core design elements. Routine updates, content changes, SEO work, plugin changes, performance optimizations, or ongoing maintenance do not constitute a substantial redesign and do not grant authorship or design credit.

Third-Party Interference

Creative Atmosphere is not responsible for errors, downtime, performance issues, or loss of functionality caused by modifications made by the Client or any third party after project completion or handoff. Any remediation required as a result of third-party changes may be billable at Creative Atmosphere’s standard hourly rates.

Portfolio Use

Creative Atmosphere retains the perpetual right to display the completed website and related materials in its portfolio, website, proposals, presentations, and marketing materials unless otherwise agreed to in writing.

Revisions & Scope Changes

Additional fees may apply if the Client requests changes that fall outside the originally agreed‑upon scope, objectives, or deliverables. All scope changes will be discussed and approved prior to implementation.

Estimates, Invoices & Payments

Estimates & Validity

All estimates provided by Creative Atmosphere are based on the project scope and information available at the time of quoting and are valid for thirty (30) days from the date of issuance.

If the project scope or requirements change after this period, Creative Atmosphere reserves the right to revise the estimate accordingly. Any changes will be communicated and approved prior to proceeding.

Invoices & Payment Terms

Payments are due upon receipt unless otherwise stated. Creative Atmosphere accepts e‑transfer, credit card, and pre‑authorized credit card payments for select services.

Late or unpaid invoices may result in:
• An interest charge of ten percent (10%)
• Suspension or restriction of services, including hosting and website access

Invoices unpaid after sixty (60) days may be referred to collections. The Client will be responsible for all outstanding balances, collection costs, and reasonable legal fees.

Refund Policy

All payments and deposits are non‑refundable. In the event of project cancellation or postponement, all fees paid to date are retained by Creative Atmosphere.

Habitual Late Payment & Service Termination

Creative Atmosphere reserves the right to suspend or terminate services due to habitual late payment, defined as three (3) or more overdue payments within a twelve (12)‑month period.

Actions may include:

Suspension of Services
Services may be suspended if payment is not received within thirty (30) days of the due date. Services will resume only after all outstanding balances are paid.

Termination of Services
Continued late payment may result in permanent termination. Reactivation requires a new service agreement, payment of all outstanding fees, and a $500 reactivation fee.

Data Backup & Transfer
A backup of the website will be retained prior to termination. Upon request, and once all balances are paid, Creative Atmosphere will provide a copy of the backup and assist with domain transfers.

Clients will receive thirty (30) days’ written notice prior to final termination.

Website, Hosting & Support

Domain Registration

If Creative Atmosphere registers or renews a domain on behalf of the Client, it will be set to auto‑renew where applicable. Domains may be transferred between registrars for security or cost‑saving purposes without affecting ownership.

Clients are responsible for notifying Creative Atmosphere if they do not wish to renew a domain. Transfer fees may apply if the Client chooses to move the domain elsewhere.

Hosting Services

Hosting is invoiced in advance based on the selected package. A minimum of thirty (30) days’ written notice is required for cancellation or migration. Hosting fees are non‑refundable.

Failure to pay hosting fees may result in:
• Suspension after thirty (30) days
• Deletion of hosting files after sixty (60) days

A backup will be retained at time of deletion. Website restoration requires payment of outstanding fees plus a $500 setup fee.

Website Support & Care Plans

Creative Atmosphere will address server‑related issues within the scope of the hosting plan. Issues caused by third‑party changes, client edits, or external services may incur additional charges.

Email Hosting Services

Creative Atmosphere offers professional email hosting services powered by Titan Mail through hosting.com. By purchasing email hosting through Creative Atmosphere, you agree to the following terms in addition to our general Terms and Conditions.

Service & Availability

Email hosting services are delivered through a third-party infrastructure provider (hosting.com/Titan Mail). While Creative Atmosphere will make every reasonable effort to support your service, we cannot guarantee uninterrupted availability and are not liable for outages, downtime, or data loss caused by the provider. Service availability is subject to hosting.com’s own Service Level Agreement, which is available at hosting.com.

Billing & Payment

Email hosting services are available on a monthly or annual payment schedule, however all plans require a minimum 12-month commitment. Monthly payment clients will be billed automatically each month for the duration of their 12-month term. Annual payment clients will be billed in full at the time of account setup or renewal.

Regardless of payment schedule, no refunds or pro-rated credits will be issued for early cancellation. If a monthly payment client cancels before the end of their 12-month term, any outstanding monthly fees for the remainder of the term become due immediately upon cancellation.

Creative Atmosphere reserves the right to adjust pricing with a minimum of 30 days written notice prior to your renewal date. Failure to remit payment may result in suspension or termination of email services.

Account Management

Creative Atmosphere manages your email hosting account on your behalf through our provider relationship with hosting.com. You retain full ownership of your email data and domain. Login credentials for your individual mailboxes will be provided to you upon setup. Creative Atmosphere does not access, monitor, or store the contents of your email communications.

Acceptable Use

Email accounts provisioned through Creative Atmosphere may not be used to send unsolicited commercial email (spam), distribute malicious content, or engage in any activity that violates hosting.com’s Acceptable Use Policy (available at hosting.com) or applicable Canadian law. Creative Atmosphere reserves the right to suspend accounts found to be in violation of these terms without notice.

CASL Compliance

Clients are solely responsible for ensuring their use of email services complies with Canada’s Anti-Spam Legislation (CASL). This includes obtaining appropriate consent before sending commercial electronic messages, providing accurate sender identification, and including a functioning unsubscribe mechanism in all commercial emails. Creative Atmosphere assumes no liability for a client’s non-compliance with CASL.

Data & Privacy

Creative Atmosphere collects and retains only the account and billing information necessary to provision and manage your email service. Email content is not accessed or stored by Creative Atmosphere. Your information is handled in accordance with our Privacy Policy.

Support

Creative Atmosphere provides the following support for email hosting clients:

• Account setup and onboarding, including mailbox creation and basic configuration
• Billing inquiries and annual renewal management
• Basic troubleshooting for common email issues

Support is available during regular business hours. Issues beyond the scope of basic troubleshooting will be escalated to hosting.com on your behalf. Creative Atmosphere is not responsible for resolution times on issues that require provider-level intervention.

Cancellation & Transfer

You may cancel your email hosting service at any time by providing written notice to Creative Atmosphere. As all plans carry a minimum 12-month commitment, cancellation does not void any outstanding fees owing for the remainder of the current term. Upon cancellation, Creative Atmosphere will assist with the migration or transfer of your mailbox data to a new provider on a best-efforts basis. Any costs associated with migration tools or third-party services required for transfer are the responsibility of the client.