General Terms & Condition
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 6 hours' notice. Please be advised that a $75 fee may be incurred for cancellations made without prior notice or for no-show appointments. We appreciate your understanding and cooperation.
Copyright and Trademarks
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 will indemnify, protect, and defend Creative Atmosphere and its subcontractors from any claims or suits arising from the use of such elements provided by the client.
Creative Atmosphere guarantees that all aspects of design and construction of the project will be disclosed to the client upon completion. Full code, copyrights, and ownership will become the property of the client once full payment has been received.
Revisions After Project Commenced
Additional fees may apply if the client opts to modify the initially agreed-upon project scope and objectives.
Estimates, Invoices & Payments
Estimates and Validity
Estimates provided by Creative Atmosphere are based on the current project scope and information available. These estimates are valid for a period of 30 days from the date of issuance.
If the project scope or requirements undergo changes after the expiration of the estimate validity period, Creative Atmosphere reserves the right to review and adjust the estimate accordingly. Any modifications to the project scope, objectives, or specifications may result in revised estimates, and these will be communicated and agreed upon before implementation.
It is the responsibility of the client to provide accurate and comprehensive project requirements during the estimation process. Failure to do so may impact the accuracy and validity of the estimate.
Invoices and Payments
Payments are due on receipt of the invoice. Creative Atmosphere accepts e-transfers and credit card. Pre-authorized credit cards are available for some services.
Unless otherwise specified or agreed upon, you are required to make payment upon receipt of any invoices.
Failure to do so may result in:
An interest charge of 10%.
The required payment timeframe is clearly stated on the first page of all invoices.
If payment is not received within this timeframe, we reserve the right to restrict the services provided, including the suspension of hosting and websites as an example.
After 60 days of unpaid balances, Creative Atmosphere retains the right to initiate collections proceedings. In such a case, you will be responsible for the total outstanding payments along with any associated collection costs, including reasonable attorney’s fees.
Refunds
We value your commitment to our services and the resources invested in your success. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Creative Atmosphere.
Habitual Late Payment and Service Cancellation
Creative Atmosphere reserves the right to suspend or terminate services due to habitual late payment. "Habitual late payment" is defined as three (3) or more instances of overdue payments within a twelve (12) month period.
In the event of habitual late payment, Creative Atmosphere may take the following actions:
Suspension of Services: Services, including website hosting and support, may be suspended if payment is not received within thirty (30) days of the due date. Services will be reactivated only upon receipt of all outstanding payments.
Termination of Services: If late payment continues despite previous warnings or after service suspension, Creative Atmosphere reserves the right to permanently terminate the service agreement. In such cases, all services will be removed from our servers, and any reactivation will require a new service agreement, including payment of all outstanding fees and a reactivation fee of $500.
Data Backup and Transfer: Before terminating services, Creative Atmosphere will take a backup of the client’s website. Upon request, a copy of the website backup can be provided to the client, and domain transfers will be facilitated. However, this will only occur after all outstanding fees have been paid.
Final Notice: Clients will receive a written notice of service termination 30 days prior to the final termination date, allowing them an opportunity to settle outstanding payments or arrange for service migration to another provider.
Habitual late payment significantly impacts our ability to manage cash flow and maintain the quality of services for all clients. We value a collaborative and timely relationship, and we encourage clients to maintain regular payments to avoid interruptions in service.
Website, Hosting & Support
Domain and Registration
If Creative Atmosphere acts on behalf of a client to register/purchase/renew a domain, the domain will be registered with domain privacy and set to auto-renew upon expiry where applicable.
Creative Atmosphere reserves the right to transfer the domain name to another domain registrar, such as GoDaddy, Namecheap, or a similar company, at its discretion - for security reasons or as a cost saving measure. This transfer will not affect the ownership of the domain name.
The client is responsible for notifying Creative Atmosphere if they do not wish to renew the domain registration. Otherwise, the domain will be automatically renewed.
A transfer fee may be incurred if the client chooses to transfer the domain away from Creative Atmosphere's registration service that will act as the next year's renewal cost.
Hosting and Payment
Hosting is invoiced in advance and in the frequency of the package that you selected. Payment can be made by e-transfer, credit card and pre-authorized credit card. Payments are due on receipt.
For hosting cancellation or relocation, a 30-day written notice is required. Refunds are not provided for any hosting fees paid to date.
If you need to move your website to another host, we may provide an export of your website’s source code and database. There may be a fee for these files, and we reserve the right not to release them until all outstanding amounts are settled.
Failure to pay hosting fees within the stated terms may lead to the suspension of the hosting service.
Interest or late fees apply when hosting fees aren't paid based on the terms.
If payment isn't received within 30 days, your website will be disabled and will be reenabled when payment is received.
After 60 days without payment, all files associated with your hosting account will be deleted.
We will keep a copy of your site from the date of removal and should you choose to want your site back, there will be a setup fee of $500 plus the outstanding hosting fees in order to get your site back on the internet.
Hosting fees are to be paid in full in order to maintain your website. Partial payments will not be accepted.
Our Habitual Late Payments policy above also applies to our hosting services.
Website Support and Care Plan
If you encounter issues with your website on our server, please notify us via support ticket, and we will work to promptly resolve any problems.
For errors arising from internal issues, we strive to address and resolve them, and this service is covered within the monthly hosting cost.
However, if an error stems from circumstances caused by the client, a third party, or modifications to the website files, an additional charge may be applied to resolve the issues.
For example, if websites are running slow due to excessive server load, we will work to resolve the issue within the monthly hosting cost. Conversely, if the slowdown is a result of a modification made by the client, an additional charge may be applied to address the issue.
Revised: September 1, 2024