Terms and Conditions

1. Acceptance of Terms

Welcome to Web Creative SEO, a premier Web Design Development agency. By accessing our website or engaging with our services, you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you may not access our website or use our services.

These Terms apply to all visitors, users, clients, and others who access or use our services. By using our website or services, you represent that:

• You have the legal capacity to enter into binding contracts
• You are at least 18 years of age
• You will provide accurate and complete information
• You will comply with all applicable laws and regulations
• You have the authority to bind your organization if acting on its behalf

2. Services Description

Web Creative SEO provides professional Web Design Development services, including but not limited to:

Service Delivery

Our Web Design Development services are delivered according to agreed-upon specifications in project proposals or service agreements. We reserve the right to:

• Modify service offerings based on technological advancements
• Subcontract portions of work to qualified third parties
• Require additional fees for scope changes or rush delivery
• Decline projects that don't align with our expertise or values

3. Use License and Website Access

Permission is granted to temporarily access and use our website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy website materials without written permission
• Use materials for commercial purposes or public display
• Attempt to decompile or reverse engineer any software
• Remove copyright or proprietary notations from materials
• Transfer materials to another person or mirror on another server

4. User Accounts and Responsibilities

Account Creation

To access certain features of our Web Design Development services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

Client Portal Access

Clients with active projects may receive access to our client portal. This access is subject to:

• Confidentiality agreements regarding project information
• Responsible use of collaboration tools and resources
• Timely feedback and approval processes
• Respect for intellectual property and work-in-progress materials

5. Prohibited Uses

You are prohibited from using our website or services:

6. Intellectual Property Rights

Our Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of Web Creative SEO or its content suppliers and is protected by international copyright laws.

Client Work Product

For Web Design Development projects:

• Upon full payment, clients receive ownership of custom-created deliverables
• We retain the right to display work in our portfolio unless otherwise agreed
• Third-party components remain under their respective licenses
• We retain ownership of proprietary tools, methodologies, and templates
• Source code ownership transfers only when explicitly stated in agreements

License for Marketing Use

By engaging our services, you grant Web Creative SEO a non-exclusive, worldwide license to:

• Display your project in our portfolio and case studies
• Reference our relationship in marketing materials
• Use project outcomes for industry awards and recognition
• Create derivative works for educational or promotional purposes

7. Payment Terms and Conditions

Payment Structure

Our Web Design Development services are billed according to the following structure:

• Project-Based: Fixed fee for defined scope of work
• Hourly Rate: Time and materials basis for ongoing work
• Retainer: Monthly fee for continuous services
• Milestone Payments: Phased payments tied to project deliverables

Payment Policies

8. Warranties and Disclaimers

Service Warranties

Web Creative SEO warrants that our Web Design Development services will be:

• Performed in a professional and workmanlike manner
• Delivered according to agreed-upon specifications
• Free from material defects for 90 days post-launch
• Compliant with current web standards at time of delivery

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE SPECIFICALLY DISCLAIM:

• Warranties of merchantability or fitness for particular purpose
• Guarantees of specific search engine rankings or traffic levels
• Responsibility for third-party services or components
• Liability for client-provided content or materials
• Warranty for results dependent on client actions or market conditions

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEB CREATIVE SEO SHALL NOT BE LIABLE FOR:

Excluded Damages

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages from service interruptions or system failures
• Costs of substitute services or replacement goods
• Damages from third-party actions or content

Liability Cap

Our total liability for any claim arising from these Terms or our services shall not exceed the greater of:

• The amount paid by you for services in the 12 months preceding the claim, or
• $1,000 USD

10. Indemnification

You agree to defend, indemnify, and hold harmless Web Creative SEO, its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your violation of these Terms and Conditions
• Your violation of any third-party rights or applicable laws
• Content or materials you provide for projects
• Your use or misuse of our services or deliverables
• Actions taken using your account credentials
• Disputes between you and third parties related to our services

Defense Obligations

This indemnification includes the obligation to provide legal defense at your expense. We reserve the right to assume exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with our defense.

11. Termination

Termination Rights

These Terms remain effective until terminated by either party. We may terminate or suspend access immediately, without notice, for:

• Violation of Terms and Conditions
• Non-payment of fees when due
• Requests by law enforcement or government agencies
• Discontinued or materially modified services
• Technical or security issues
• Fraudulent or illegal activities

Effect of Termination

Upon termination:

• All licenses granted to you terminate immediately
• You must cease all use of services and materials
• Outstanding fees become immediately due and payable
• Each party returns or destroys confidential information
• Provisions that should survive termination remain in effect

12. Governing Law and Disputes

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

• Step 1: Good faith negotiations between parties
• Step 2: Mediation in Anoka County, Minnesota
• Step 3: Binding arbitration under AAA Commercial Rules
• Exception: Either party may seek injunctive relief in court

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions, class arbitrations, or representative actions.

13. Changes to Terms

Web Creative SEO reserves the right to revise these Terms at any time. Changes are effective immediately upon posting to our website.

Notification Process

• Material changes announced via website banner for 30 days
• Email notification to registered users when feasible
• Updated "Effective Date" at top of Terms
• Version history maintained for transparency

Continued Use

Your continued use of our website or services after changes constitutes acceptance of revised Terms. If you disagree with changes, you must discontinue use immediately.

Additional Provisions

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Web Creative SEO regarding our services.

Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights to any successor or affiliate.

Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including acts of God, natural disasters, war, terrorism, strikes, or internet service failures.

No Waiver

Our failure to enforce any provision doesn't constitute a waiver of that provision or any other provision of these Terms.

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