Terms of Service
last updated
Welcome to KerseyKreative.com (the "Site"), operated by KerseyKreative, LLC ("we," "us," or "our"). By accessing or using our Site or services, you agree to be bound by the following Terms of Service ("Terms"). If you do not agree, please do not use our Site.
Table of Contents
Acceptance of Terms
By visiting our website or purchasing a product or service from us, you agree to these Terms and any
additional terms that may apply to specific sections of the Site or to products and services. These Terms
constitute a legally binding agreement between you and KerseyKreative, LLC.
Services Provided
KerseyKreative, LLC offers freelance web design, branding services, and digital products such as
Elementor templates and starter site kits. We also provide tools for client onboarding and communication
via secure client portals. Project scope, deliverables, timelines, and specific terms for custom work will be
outlined in separate project agreements.
User Responsibilities
For users in the European Union and other jurisdictions with similar privacy laws, we process your personal
information based on:
- Contract Performance: To fulfill our service agreements and contracts.
- Legitimate Interests: To operate our business, improve our services, and maintain security.
- Consent: For marketing communications and non-essential cookies (where required).
- Legal Obligation: To comply with applicable laws and regulations.
Digital Product Licensing
You agree not to:
- Use our services for unlawful purposes.
Attempt to gain unauthorized access to our systems. - Copy, share, or distribute our digital products beyond the permitted license.
- Misrepresent yourself or your business.
- Upload or transmit any content that infringes on third-party rights.
- Use our services in any way that could damage, disable, or impair our systems.
You are responsible for:
- Providing accurate information and required materials in a timely manner.
- Responding to communications and feedback requests within agreed timeframes.
- Ensuring you have rights to any content you provide for use in projects.
- Maintaining the confidentiality of your client portal login credentials.
Intellectual Property
All designs, templates, graphics, copy, and other materials created by or licensed to KerseyKreative, LLC
are protected by copyright and may not be reproduced or resold without express permission. You are
granted a non-exclusive, non-transferable license for personal or commercial use as stated in your
purchase terms.
Custom work created specifically for clients becomes the property of the client upon full payment, unless
otherwise specified in the project agreement. Until final payment is received, all work remains the
intellectual property of KerseyKreative, LLC and may not be used, published, or modified by the client.
KerseyKreative, LLC retains the right to showcase completed work in our portfolio and marketing
materials unless a non-disclosure agreement specifies otherwise.
Payments and Refunds
All payments for services or digital products are processed through secure third-party platforms (e.g.,
Stripe, PayPal). Payment disputes may also be subject to the dispute resolution procedures of these
platforms in addition to our own terms.
Payment Terms:
- Custom projects typically require a 50% deposit before work begins.
- Final payment is due upon project completion or as specified in project agreements.
- Late payments may incur a fee of 1.5% per month or the maximum allowed by law.
- All fees are quoted in USD and exclude applicable taxes.
Refunds:
- Due to the nature of digital goods, all sales of templates and digital products are final.
- Refunds on custom service work are available only under specific contractual agreements.
- No refunds will be provided for work completed and delivered according to agreed specifications.
Digital Product Licensing
Unless otherwise stated:
- Each purchase includes a single-user license (you or your client).
- You may use the templates for unlimited personal or client builds, but redistribution, resale, or
template resale is prohibited. - You may not claim authorship of the original template design.
- Support for digital products is provided as-is unless a support plan has been purchased.
- Updates to digital products are provided at our discretion.
Client Portal Access
Access to our client portal (powered by Propovoice and/or Rise) is provided for communication, file
sharing, invoicing, and project updates. You are responsible for safeguarding your login credentials and
using the portal respectfully and professionally. Portal access may be revoked upon project completion or
contract termination.
Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and
protect your information when you use our services. By using our services, you consent to the collection
and use of information as outlined in our Privacy Policy.
Project Completion and Revisions
- Projects are considered complete when all deliverables specified in the project agreement have been
provided. - Revision rounds and limits will be specified in individual project agreements.
- Additional work beyond the original scope may incur additional fees.
- Clients have 30 days from delivery to request revisions, after which additional fees may apply
Warranties and Disclaimers
Our services are provided “as is” without warranties of any kind, express or implied. We do not guarantee
that:
- Websites will be error-free or function without interruption.
- Websites will be secure from all potential threats.
- Websites will be compatible with all browsers, devices, or future technology updates.
- Our services will meet your specific business objectives or generate particular results.
- SEO implementations are designed to improve search engine compatibility, though rankings depend on many factors beyond our control.
Limitation of Liability
KerseyKreative, LLC’s total liability for any claims arising from or related to our services shall not exceed
the total amount paid by you for the specific service giving rise to the claim. We are not liable for any
indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of
profits, data, or business opportunities, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless KerseyKreative, LLC, its officers, directors, employees,
and agents from and against any and all claims, damages, losses, costs, and expenses (including
reasonable attorneys’ fees) arising from or related to:
- Your use of our services or materials.
- Your violation of these Terms.
- Your violation of any third-party rights.
- Content you provide that infringes on intellectual property or other rights.
Force Majeure
We shall not be liable for any failure or delay in performance of our obligations due to circumstances
beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism,
labor disputes, government actions, or pandemic-related restrictions.
Termination
We reserve the right to suspend or terminate your access to our services or portal for violation of these
Terms or any unlawful or abusive behavior. Upon termination:
- You will lose access to client portals and any work-in-progress.
- Completed work will be delivered according to payment status.
- Outstanding invoices remain due and payable.
- These Terms will survive termination where applicable.
Either party may terminate ongoing service agreements with 30 days written notice, subject to the terms
of individual project agreements.
Dispute Resolution
Good Faith Negotiation: Any disputes arising from these Terms or our services will first be addressed
through good faith negotiation between the parties.
Arbitration: If disputes cannot be resolved through negotiation within 30 days, they will be settled
through binding arbitration conducted in Effingham County, Illinois, in accordance with the rules of the
American Arbitration Association. The arbitrator’s decision will be final and enforceable in any court of
competent jurisdiction.
Class Action Waiver: You agree that any arbitration or legal proceeding will be conducted on an
individual basis and not as part of a class action or representative proceeding.
Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the State of Illinois,
United States, without regard to its conflict of law principles. Any legal proceedings not subject to
arbitration shall be conducted in the courts of Effingham County, Illinois.
Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent
jurisdiction, the remaining provisions will continue in full force and effect, and the invalid provision will be
modified to the minimum extent necessary to make it enforceable.
Changes to Terms
We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website
with a new “Last updated” date. Continued use of our services after changes are posted constitutes
acceptance of the new Terms. For ongoing projects, changes will apply to new work or renewals.
Entire Agreement
These Terms, together with any applicable project agreements, privacy policy, and other policies
referenced herein, constitute the entire agreement between you and KerseyKreative, LLC regarding the
use of our services and supersede all prior agreements and understandings.
Contact Information
For questions about these Terms or our services, contact:
KerseyKreative, LLC
Email: hello@kerseykreative.com
Location: Effingham, IL (remote-based business)
For legal notices or formal communications, please send written correspondence to the email address
above with “Legal Notice” in the subject line.
Agreement Acknowledgment
By accessing this website, engaging KerseyKreative, LLC for services, or making any purchase, you confirm
that you have read, understood, and agreed to be bound by these Terms of Service. If you are entering
into an agreement on behalf of a company or organization, you represent that you have the authority to
bind that entity to these terms.
Digital Signature Clause: Your electronic acceptance of these terms (via website interaction, online
forms, or email confirmation) constitutes a valid and binding digital signature equivalent to a handwritten
signature.