1. DEFINITIONS
"Company" refers to Foreman Creative, LLC, its affiliates, and employees."Client" refers to any person, business, or entity engaging in services with Foreman Creative."Services" refers to all branding, web design, marketing, consultation, and creative solutions offered by Foreman Creative."Deliverables" refers to the work produced, including but not limited to branding materials, logos, websites, marketing campaigns, and consultation reports.
2. SCOPE OF SERVICES
Foreman Creative offers a wide range of services, including but not limited to:
- Branding & Identity (logo design, brand guides, social media assets, etc.)
- Design Services (print materials, digital media, large-format design, interactive QR codes, etc.)
- Marketing Services (SEO, PPC ads, social media campaigns, email marketing, etc.)
- Website Development (custom websites, CMS solutions, e-commerce platforms, ongoing maintenance, etc.)
- Consulting & Strategy (business growth planning, brand positioning, compliance guidance, onboarding, etc.)
Each project is subject to an agreed Scope of Work (SOW) detailing specific deliverables, timelines, and payment terms.
3. PAYMENT TERMS & FEES
Project-Based Fees: All services are priced based on project scope, complexity, and required resources.Retainers & Ongoing Work: Clients engaging in long-term agreements or retainers will have custom payment schedules defined in their agreement.Payment Structure:- Non-Refundable Deposit: A [X]% deposit is required before work begins.
- Milestone Payments: For large projects, payment installments will be structured at key milestones.
- Final Payment: Remaining balances must be settled before final delivery of work.
Late Payments: A [X]% late fee per month will apply to invoices not paid within [X] days.No Transfer of Ownership Until Paid in Full: Ownership of all deliverables remains with Foreman Creative until full payment is received.
Notice:The required deposit percentage (X%) and payment schedule will be determined based on project scope and discussed in the contract prior to signing.
4. CANCELLATION & TERMINATION POLICY
- Client Cancellation: If a client chooses to cancel a project before completion, the following applies:
- Deposits are non-refundable.
- Work completed up to the cancellation date will be billed accordingly.
- Any outstanding balances must be paid before cancellation is finalized.
- Foreman Creative Termination: We reserve the right to terminate any project due to non-payment, breach of contract, abusive behavior, or unlawful requests.
5. REVISIONS & CLIENT APPROVAL
Revision Limits: Each project includes a set number of [X] revisions per deliverable. Additional revisions will be charged at an hourly rate.Approval Responsibility: Clients are responsible for reviewing and approving all work before finalization. Once approved, Foreman Creative is not responsible for errors, omissions, or further modifications without additional fees.
Notice:The number of included revisions (X) and additional revision rates will be determined based on project scope and outlined in the contract before work begins.
6. INTELLECTUAL PROPERTY & USAGE RIGHTS
Foreman Creative Ownership: Until full payment is received, Foreman Creative retains all rights to the work produced.Client Usage Rights: Upon final payment, the client is granted a non-exclusive, non-transferable license to use the deliverables for their intended purpose.Third-Party Materials: Any stock images, fonts, or third-party assets used in a project are subject to their respective licensing agreements. The client may be responsible for obtaining appropriate usage rights.
7. LIABILITY & DISCLAIMERS
No Guarantee of Results: While we strive for excellence, Foreman Creative cannot guarantee specific outcomes (e.g., website traffic increases, ad conversions, brand engagement). Results depend on various factors outside our control.Client-Supplied Content: Clients are responsible for ensuring that any text, images, or materials they provide are legally owned or licensed and do not infringe on any copyrights or trademarks.Technical Limitations & Third-Party Issues: Foreman Creative is not responsible for third-party software malfunctions, website hosting failures, or platform changes (e.g., Meta, Google algorithms, CMS updates) that may affect performance.
8. CONFIDENTIALITY
Both Foreman Creative and the client agree to keep all project-related information confidential. This includes proprietary strategies, trade secrets, business plans, and sensitive content.
Exceptions:
- Information that is already public
- Data required by law enforcement or court order
9. INDEMNIFICATION
Clients agree to defend, indemnify, and hold Foreman Creative harmless against any claims, damages, or losses arising from:
- Misuse of designs, branding, or marketing materials
- Copyright infringement from client-supplied content
- Failure to comply with industry regulations
10. RETAINERS & ONGOING SERVICES
Clients engaging in ongoing retainer agreements acknowledge that these contracts:
- Require deep planning, long-term execution, and evolving strategies
- Are structured for sustained growth and optimization
- May include support plans, content management, ad strategy, and consulting services
Cancellation Notice Period:
- 12-month+ retainers require a 90-day written notice for cancellation.
- 6–11-month retainers require a 60-day written notice for cancellation.
- 1–5-month retainers require a 30-day written notice for cancellation.
Final invoices will reflect all completed work up to the cancellation date, and any remaining unpaid balances must be settled before termination is finalized.
11. FORCE MAJEURE
Foreman Creative is not liable for delays or non-performance due to causes beyond our control, including but not limited to natural disasters, server outages, cyberattacks, strikes, or unforeseen technical failures.
12. GOVERNING LAW & DISPUTE RESOLUTION
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, United States.
Multi-State Compliance
For work performed outside of Ohio, Foreman Creative acknowledges that certain states may have specific laws regarding contracts, business operations, taxes, or consumer protection. If services are provided to clients in other states, Foreman Creative will comply with all applicable state and federal regulations governing marketing, design, intellectual property, digital services, and business transactions within that jurisdiction. Clients outside of Ohio are responsible for informing Foreman Creative of any specific legal requirements affecting their project.
Dispute Resolution Process
In the event of any dispute, claim, or disagreement arising from or relating to these Terms & Conditions, both parties agree to follow this resolution process:
- Good Faith Negotiation: Both parties will first attempt to resolve the dispute through direct negotiation in good faith.
- Mediation: If negotiation fails, the dispute shall be submitted to mediation before an agreed-upon neutral mediator in Ohio or a mutually agreed jurisdiction. The costs of mediation will be shared equally between both parties.
- Binding Arbitration: If mediation does not result in resolution, the dispute shall proceed to binding arbitration under the rules of the American Arbitration Association (AAA) or another recognized arbitration body. The arbitration shall take place in Ohio, unless otherwise agreed. The decision of the arbitrator(s) shall be final and legally binding on both parties.
- Litigation Exception: If arbitration is not a legally enforceable option in a specific jurisdiction, or if a client seeks injunctive relief related to intellectual property infringement, Foreman Creative reserves the right to pursue legal action in a court of competent jurisdiction.
By engaging in services with Foreman Creative, the client agrees to waive the right to pursue legal action in a traditional court setting (except as noted above) and instead resolve disputes through arbitration or mediation.
13. THIRD-PARTY TOOLS, INTEGRATIONS, & SERVICES
Foreman Creative may integrate, configure, or recommend third-party software, plugins, hosting providers, and marketing platforms (e.g., Webflow, Meta Business Suite, Google Ads, payment gateways, analytics tools).
- Client Responsibility: Clients are responsible for ongoing licensing, subscriptions, or service fees associated with any third-party tools used in their project. Foreman Creative is not liable for changes in pricing, features, security breaches, downtime, or service discontinuation of third-party tools.
- Compatibility & Support: While we ensure proper setup and integration, Foreman Creative is not responsible for long-term technical support, updates, or conflicts arising from third-party platforms unless explicitly covered in a retainer or maintenance agreement.
14. WARRANTIES & LIMITATION OF LIABILITY
Limited Warranty
Foreman Creative warrants that all work will be performed in a professional and workmanlike manner and that deliverables will be free from defects at the time of delivery.
However, Foreman Creative does not guarantee:
- Specific performance metrics (e.g., website traffic, ad conversions, SEO rankings).
- Functionality beyond delivery unless covered under an ongoing support plan.
- That digital properties will remain error-free indefinitely due to evolving technology, platform updates, or third-party changes.
Limitation of Liability
- Foreman Creative shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our services, including but not limited to loss of profits, business interruptions, reputational damage, or data loss.
- Maximum Liability Cap: In no event shall Foreman Creative’s total liability exceed the amount paid by the client for the specific service that caused the claim.
15. CLIENT REPRESENTATIONS & RESPONSIBILITIES
By engaging with Foreman Creative, clients agree to:
- Provide all necessary materials, approvals, and information in a timely manner to avoid project delays.
- Confirm they have legal rights to all text, images, and content supplied to Foreman Creative.
- Take responsibility for compliance with any industry regulations, privacy policies, and advertising laws related to their business.
- Understand that digital marketing, SEO, and branding strategies require time and that results depend on multiple factors beyond Foreman Creative’s control.
16. REFUNDS & PAYMENT POLICY
Foreman Creative maintains a strict no-refund policy due to the nature of our creative, marketing, and development services. Each project follows an approval process at key milestones, ensuring clients have full oversight and opportunity for feedback before final delivery.
Refund Guidelines:
- No Refunds After Approval: Once a project phase, milestone, or final deliverable has been approved and signed off by the client, no refunds will be granted. The client bears full responsibility for all approved work.
- Special or Unique Circumstances: Refunds will only be considered in exceptional cases where Foreman Creative determines that a major unforeseen issue or failure has occurred, which cannot be corrected or resolved.
- Correction of Errors: If Foreman Creative makes a mistake on a deliverable, we will correct it immediately and at no additional cost, provided it falls within the originally agreed-upon scope.
Non-Refundable Payments Include:
- Deposits & Retainers: All deposits and retainers are non-refundable, as they secure time, resources, and upfront planning.
- Partially Completed Work: If a project is canceled by the client after work has begun but before final approval, all completed work will be billed accordingly and no refunds will be provided.
- Third-Party Costs: Payments made to third-party vendors, software providers, or advertising platforms (e.g., hosting, paid ads, stock assets) are non-refundable, as Foreman Creative does not control these costs.
By engaging in services with Foreman Creative, clients acknowledge and agree to this strict refund policy.
17. CHANGES TO TERMS & CONDITIONS
Foreman Creative reserves the right to update or modify these Terms & Conditions at any time. Clients will be notified of significant changes. Continued use of our services constitutes agreement to the updated terms.
18. CONTACT INFORMATION
For any questions regarding these terms, please contact us:
📧 Email: dimitri@foremancreative.design
🌍 Website: www.foremancreative.design
