TERMS AND CONDITIONS:
Introduction
Whocreatives.com (“Who Creatives”) and our acquaintances provide you services based on 5 areas on the terms to the following conditions. Before opting for our services, we would recommend to go through our terms and condition and privacy policy.
Acceptance of terms and condition:
Advertiser, specialist or agent will verbally concede a summary of related payments, terms of administration and our cancelation strategy. These terms and conditions will be acknowledged through an email confirmation link and favorable action through checking the “acknowledgment” box and clicking “submit” taking after a chance to survey these Terms and Conditions.
In case, advertisers are not able to accept the terms and conditions within the 30 days of the presentation of conditions presented by Who Creatives then the offer will be marked as withdrawn. Advertisers may again ask for services from Who Creatives however, new estimation and terms and condition will be considered.
Three day cancelation:
If the advertiser does not assent to be lawfully bound, he/she may convey his approval to Who Creatives in (3) working business days by emailing advertiser’s name, business name, email address, physical or street number, and area to info@whocreatives.com with “Cross Out Administrations” in the subject line, and the services will be cancelled with no further assurances, provided that the notification is given before 5 PM USA eastern standard time, and advertiser is in charge of the expenses of all services. However, if by any means, the advertiser does not email or coordinate with Who Creatives for the cancelation of administration then we would therefore conceive that all the terms and conditions are accepted and that you have the consent to be lawfully bound with the terms and condition contract.
Personal Information:
On the approval of the terms and conditions, the advertiser also consents to receive all the information form Who Creatives regarding the advertisers’ record and the services we provide. The information usually includes promotional messages, technological advancements or extra offers. For unsubscribing for the promotional or marketing messages, email us by sending unsubscribe with the subject “showcasing messages opt-out” to info@whocreatives.com It is very important that the advertiser should mention his name in the email.
Irrespective of whether Advertiser accepts these Terms and Conditions, any recognizable data given by Advertiser should be accountable to Who Creatives security approach, which can be examined.
If Advertiser gives its contact data to Who Creatives and subsequently either certifiably rejects or has not within thirty (30) days approved these Terms and Conditions, consequently the services are not provisioned, or following after the termination or cancelation of Services previously provided to Advertiser, the Advertiser may keep on getting Marketing Messages from Who Creatives. As above, for unsubscribing for the promotional or marketing messages, email us by mentioning unsubscribe with the subject “showcasing messages opt-out” to info@whocreatives.com It is very important that the advertiser should mention his name in the email.
Any requests to quit as per the terms of this area will require a sensible measure of time for preparing by Who Creatives, and Advertiser may keep on receiving messages within the handling time frame.
Description of the services:
Who Creatives will market the business of advertisers through different online strategies, websites and so on. For us our services are our products.
The following are the present “Services” offerings, which may alter every once in a while. For Advertiser, these Terms and Conditions will just apply to such of the Services as requested and paid by Advertiser, and provided by Who Creatives:
Each of the Services integrates the marketing and upholding services and practices particularly revealed at the connection above for such service, and is liable to the limitations depicted at such connection. The product/service terms and conditions revealed at each of the above connections are particular just to the specific service depicted, and not to whatever other service which might be given by Who Creatives. For each of the services acquired by Advertiser at any given time, the related terms and conditions particular to such service at the suitable connection above should be a part of these general Terms and Conditions.
Nevertheless, the Services being given to Advertiser, Who Creatives will give to Advertiser an Account Information Page which may be retrieved by Advertiser at any time to decide the status of Advertiser’s record and the services provided by Who Creatives. Promoter may figure out anytime what services are at present being given by Who Creatives through a call, chat or email. Advertiser ought to comprehend that clicks to Advertiser’s site, including clicks on the search engine, shopping engines, content sites, and so on, may have certain incorrect spellings, singular/plural combinations, and other related inquiry terms that Who Creatives maps to Advertiser’s promoting effort. In any case, incorrect spellings appear to be a very basic flaw in the times of auto complete internet searcher innovation. All keyword campaigns will combine key terms, titles, and descriptions selected particularly with the aim to advance profit for advertising spend.
Unless Advertiser has associated with Who Creatives to give a small scale site, Advertiser is in charge of the eminence and exactitude of its own site and its landing page(s), or redirect sites that link to its ads.
Fees for Who Creatives:
Advertiser, at any time, can decide the expenses and pricing for any service being provided on telephone, chat or email. Charges for the services are put under the individual product/service terms and conditions pages illustrated previously. By accepting these terms and conditions, Advertiser clearly assents to pay the charges and pricing for the Services asked for, and which were communicated to Advertiser at or before the season of acknowledgment.
Payment:
Advertiser must use one of the following two strategies for payment. Credit card to be subsequently charged by Who Creatives and also a Bank Cheque in the name of Who Creatives.
Advertiser permits Who Creatives, or Who Creatives merchant services provider, to hoard Advertiser’s financial information with the end goal of encouraging payment to Who Creatives. It is Advertiser’s responsibility to notify Who Creatives, in composing, of any progressions or redesigns to Advertiser’s financial information.
All expenditures must be paid in USD. Advertiser is utterly in charge of any pertinent taxes. All expenses are probable as per the settled upon charge plan, or instantly upon Advertiser’s receipt of receipt, as appropriate. Advertiser coincides that any setup incidentals or one-time service installments are non-refundable.
Late payments:
Installments made out of a credit card or a bank account are besieged in order to avoid the tiresomeness of late payment to both parties. Nonetheless, it is Advertiser’s responsibility to guarantee that Who Creatives has the most updated credit card or bank account information, and that such strategies are suitable for installment of the expenditures because of Who Creatives’ services.
In case of a failure of the payment method approved by Advertiser, and one or a more number of payments are made later than the due date, such late payments are accountable to a late expense equivalent to the greater of $150 or 10% of the total money due, however not to exceed the maximum sum permitted by material law. Apart from late expenses, Advertiser consents to pay every one of lawyers’ charges and expenses caused by Who Creatives for late installment collection efforts
Recurring payments and term of agreement:
If Advertiser request any time to elect the present contract term for any of the Services, or some other data with respect to the amount or predicted date of any consequently repeating installment, or the term, end, or reestablishment of the Services, the same will be manageable on request through telephone, chat or email.
The tenure of every Service should start as of the date of salutation of these terms and conditions by Advertiser. Charging will take place as a one-time installment or a scheduled installment, as put forward in the particular product/service terms and conditions for the services provided.
If billing is to include an automatically recurring payment:
All expenses for services will be paid in advance on a monthly basis. Following the present contract term for a specific Service, this contract for such services should consequently re-establish for progressive one-month terms on monthly anniversary date of Advertiser’s underlying acceptance of these terms and conditions.
After the primary contract term, Advertiser may cancel the automatically repeating payment, including the services related, by giving notification to Who Creatives by messaging Advertiser’s name, business name, email address, telephone number, physical location, and area, to info@whocreatives.com , with “Cancel Service” in the subject line. Given such notice is received by Who Creatives not later than 5:00 PM USA Eastern Standard Time no less than (3) three business days in advance of the date on which the following repeating payment is planned to be made, then the following repeating payment will be cancelled off and the Services ended toward the end of the then-current term.
If such a notice is received closer than three (3) business days to the following recurring payment, then the repeating installment will at present be made as a final payment, the services might continue for an additional renewal term, and cessation will rather happen toward the end of that additional renewal term.
No proficient assessed refunds for fractional terms or months will be given. For simplicity, if an Advertiser were to draw in Who Creatives for Services with a 365 day contract term, and the original sign-up date were July 15 of a given year, if an advertiser wished to cancel the services towards the end of the agreement term without obtaining an extra month’s charge, Advertiser would need to give written notice of cancellation at the very latest July 12 – accepting July 12, 13, and 14 were business days. One-time charge offerings have no ensuing with term in light of the fact that the same are given in advance, the term thereof having been mollified upon initial delivery of the Service to Advertiser.
Early termination fee:
If an Advertiser terminates services prior to completion of the contract term then Advertiser will have to pay an early termination fee equivalent to the rest of the Contract Value. Contract Value is verbalized by taking the number of months complied with in the agreement or inclusion request times the month to month expenses appropriate to the Services. For instance, the Contract Value of Services of $850 for a three month term is $2500. On the off chance that the Advertiser call off after the first month the cancellation expense will be $1250.
Modification:
Advertiser understands that Who Creatives may modify its standard terms and conditions and service offerings from time to time, and that Who Creatives reserves the right to adjust the pricing of these services, after at the thirty (30) days’ advance written notice to Advertiser. If the agreement does not accommodate renewal restoration for an extra term of over one month, then the agreement might be considered month-to-month and Advertiser might be accountable to revised terms and conditions and/or pricing following receipt of such notice. Advertiser is advised to enter a long term contract or contracts to adjust pricing, terms, and conditions. Advertiser and Who Creatives can change the Services anytime upon common understanding.
Access:
Advertiser is accredited to access Who Creatives -possessed, functioned, or accommodated sites that require log in or account details to deal with Advertiser’s advertising account(s). Advertiser agrees that it will not use the site or neither any material nor it will hand out any specific data. Advertiser’s right to create its account with Who Creatives is personal to Advertiser and non-assignable and is bound to follow the rules imposed by Who Creatives. Advertiser agrees that it won’t make use of any automated scripts, robots or spiders, or access to the Advertiser’s account or monitor Who Creatives ‘ website and the substance contained in that, aside from those automated means explicitly made accessible by Who Creatives.
Latency:
Advertiser twigs that, any data or statistics given by the Advertiser to Who Creatives may not be processed on a real time basis and might be accountable to the latency of the Internet, the Who Creatives frameworks and system of third party accomplices and search engines.
Ownership of non-advertiser property:
Title and full proprietorship rights in and to the Services, together with all concepts, ideas, campaign optimizations, computer programs, and other technology subsidiary or generally classifying with Who Creatives operation of the Who Creatives arrange, the Who Creatives bid management, task management, and optimization platform and website(s) (altogether, the ” Who Creatives Materials”), might stay at all times entirely with Who Creatives and/or with the particular outsourced supplier or author, or with Who Creatives promotional partner, if appropriate and if promotional partner is the owner of the same. Advertiser recognizes that it has not obtained any ownership interest for the Who Creatives Materials and won’t secure any ownership interest for the Who Creatives Materials by reason of this Agreement.
Advertiser's site:
Unless Advertiser’s website is intended and provided by Who Creatives as a part of its Services, Advertiser therefore accepts that neither Who Creatives nor its Promotional Partner (if appropriate) is in command of the development, support, and operation of the Advertiser website(s), nor for any content or different materials that appear on, and all guests to, the Advertiser website(s), nor is Who Creatives or its promotional partner in control of order entry, payment processing, shipping, cancellations, returns, or client service concerning orders placed on Advertiser’s website(s). Advertiser further permits that it will not add to or place upon its site any Who Creatives or its promotional partner’s claimed or licensed content, or any Who Creatives ‘search listings, aside from a subsidiary arrangement with Who Creatives.
Advertiser representations and warranties:
Advertiser signifies and permits to Who Creatives, and to its promotional partner if relevant, that for and continuing all through the term of this Agreement:
This Agreement establishes a considerable, authorized, and enforceable understanding as per its terms;
Advertiser is in command of its own receptiveness to correspondences and entreaty from Who Creatives and identifies that any lack of receptiveness could physically affect the usefulness of the Services;
Information, content or images that promoter (experts or agents) has provided or will provide for services and will be appropriate for the Advertiser’s learning. Advertiser has a genuine right to utilize such data, content, images or information;
Advertiser is the appropriate owner or representative of the website(s) for which services will be provided unless the site to be endorsed by the services is composed and given by Who Creatives; and Advertiser’s site and information, content, images or information given to Who Creatives cannot be misused and are liable to third party rights that includes copyright, patent, trademark, trade secret, or other intellectual property or right of security or exposure, true content; no consumer fraud, product liability, breach of agreement, damage or cause harm of any sort to any individual or element; is not offensive, derogatory, hostile, or intimidating content; is free of viruses; no promotional content , or any type of spyware, adware, or other publicizing or data gathering software; or vicious links, hate crimes (whether racial or something else), unlawful practices, segregation taking into account race, sex, religion, nationality, disability, sexual orientation, and age.
Advertiser covenants:
Advertiser further consents to execute as follows:
Advertiser will not hold Who Creatives or its associates and promotional partner, at risk or in charge of the practices of visitors who go to Advertiser’s website(s) through Services.
If Advertiser has been referred to the Services by or through an Who Creatives partnership promotion, to such an extent that Promotional Partner is a legatee of these terms and conditions, Advertiser approves that Who Creatives may share all information it acquires, including product performance data, with Promotional Partner, and promotional partner might have the same rights to access and utilize specified information as Who Creatives itself.
Advertiser concurs that if the services requested from Who Creatives include paid search management, and if the paid inquiry management is executed through a current account as opposed to Who Creatives account, then Advertiser will allow Who Creatives exclusive managerial access to specified account. Advertiser may retain read-only access, however this will permit Who Creatives to play out the Services without shared administrative rights. Advertiser recognizes this is important for Who Creatives to successfully play out the services.
Advertiser will not, for a time period of one (1) year after the date when the Agreement ends be able to either (a) request for occupation of any worker or independent contractor utilized by Who Creatives, (b) prompt or support any representative or self-employed entity utilized by Who Creatives to fire job with Who Creatives, or (c) purposely interfere with the job relationship between Who Creatives and any of its workers or with any relationship between Who Creatives or any self-employed entity who performs services for Who Creatives. Despite the previous, general requesting for vocation (i.e., through occupation sheets or general ads) and any work relationship built up as a consequence of reactions to general sales for job might not be considered an infringement of this Advertiser Covenant.
On the off chance that Advertiser offers or promotes prohibited or age-confined items and/or services, Advertiser will: (i) have age confirmation on its locales’ landing page and in the business procedure in consistence with every single material law and directions; and (ii) might not offer such products and/or services in jurisdictions in which they are disallowed or are in any capacity limited; and (iii) concurs that Advertiser will reimburse Who Creatives against any cases, misfortunes, harms, fines, punishments, or the like which might be looked for, evaluated, or forced as an after effect of Advertiser’s deal or advancement of such products or services
Advertiser indemnification obligations:
Advertiser reach agreement to repay, defend, and hold Who Creatives, its delivery accomplices including promotional partner, their particular licensors and licensees, and associated organizations, and any of their individual officers, executives, workers, delegates, and operators (on the whole the “Repaid Parties”), from and against all cases, activities, liabilities, misfortunes, costs, harms, and expenses (without impediment, reasonable lawyers’ charges) that may be caused by any of them as a result of cases, suits, or procedures (all in all being alluded to in this as a “Case”) without restriction, slander, infringement of right of security or attention, copyright encroachment, trademark encroachment, or other encroachment of any outsider right, extortion, false publicizing, distortion, item obligation, or infringement of any law, statute, mandate, guideline, or control all through the world regarding Services performed for the benefit of Advertiser, Advertiser’s customer’s website(s) or substance in that, Advertiser’s behavior, demonstrations or oversights, or any affirmed or demonstrated break by Advertiser of any term, condition, agreement, representation, or guarantee herein.
This repayment excludes any claim that emerges exclusively from the demonstrations or oversights of an Indemnified Party, as to that party. An Indemnified Party indemnified party will notify Advertiser of any claim, activity, or demand for which repayment is required. An indemnified party should have sole discretion to acknowledge or dismiss the law firm that Advertiser guards the Indemnified Party. Advertiser may not settle any claim or matter identifying with the culpability or obligation of an Indemnified Party without the prior consent of that party concerned. An indemnified party will have the privilege to take an interest in any defense of a case and/or to be spoken to by counsel of its own choice at its own particular cost. Without constraining any rights and cures under applicable law, Who Creatives will have the privilege to set off any risk of Advertiser concerning a Claim against any deposited amount with Who Creatives.
OLimitation of liability and warranty disclaimer:
Advertiser agrees that it won’t hold Who Creatives, promotional partner at risk for any mistakes in the content, exclusions, consequences, harms, costs, discounts, or refunds of any sort emerging from any intrusion of service or other inaccessibility of the Internet or website(s) in which the advertisements are disseminated for reasons unidentified.
Advertiser further concedes and reaches agreement that blunders or mistakes in the execution of the Services, uninhibited to incorrect spellings or miscommunication, don’t make a right for a refund for the Advertiser. Sponsor will give Who Creatives timely notice and permit Who Creatives a utilitarian time frame to make changes to any recognized errors or omissions. As Who Creatives depends on outsiders for specific information, Who Creatives makes no certifications in regards to the precision, quality, or fulfillment of any such information. Not in any case Who Creatives, or Promotional Partner if appropriate, be in charge of any important, uncommon, lost benefits, or different harms emerging under this Agreement
OLimitation of liability and warranty disclaimer:
Advertiser agrees that it won’t hold Who Creatives, promotional partner at risk for any mistakes in the content, exclusions, consequences, harms, costs, discounts, or refunds of any sort emerging from any intrusion of service or other inaccessibility of the Internet or website(s) in which the advertisements are disseminated for reasons unidentified.
Advertiser further concedes and reaches agreement that blunders or mistakes in the execution of the Services, uninhibited to incorrect spellings or miscommunication, don’t make a right for a refund for the Advertiser. Sponsor will give Who Creatives timely notice and permit Who Creatives a utilitarian time frame to make changes to any recognized errors or omissions. As Who Creatives depends on outsiders for specific information, Who Creatives makes no certifications in regards to the precision, quality, or fulfillment of any such information. Not in any case Who Creatives, or Promotional Partner if appropriate, be in charge of any important, uncommon, lost benefits, or different harms emerging under this Agreement
Choice of law:
EXCLUSIVE VENUE:
This Contract shall be construed in accordance with the laws of United States of America, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in United States of America.
Heading: (looks unnecessary):
Section headings are not to be considered a part of this Agreement and are not anticipated to be a full and accurate description of the contents hereof. WAIVER: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement. ENTIRE UNDERSTANDING: This document, with any other materials, documents, understandings, or agreements incorporated by reference herein, and any exhibit, schedule, or other supplementary document attached hereto, constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
Attorneys' fees:
If a question arises between the parties hereto, then the concerned party in such circumstance, regardless of whether an official choice is ultimately rendered by the court, shall be qualified to get its lawyers’ expenses repaid from the non-prevailing party.
No third party beneficiaries:
The contracts, endeavors, and agreements put forward in this Agreement are exclusively for the advantage of and enforceable by the Parties, and where shown, Promotional Partner, or their particular successors or permitted assigns.
SURVIVAL: The sections of this Agreement that address or administer matters or conditions that could happen after end of this Agreement might be interpreted to survive any such termination.
Content Policy:
Our content policy plays an important role in maintaining a positive experience for you, the client. For the usual websites and resume designs all content (images, headings, copy, text etc.) will be provided by client. In case of resume design, a client has to provide complete personal information with biography, and we do not provide any sort of content services. For an e-commerce website up to 10 to 30 sample products will be provided by the Who Creatives team and sample product information will also be provided by client including product name, product price, and product images and shipping policy. CMS and e-commerce management will be handled by Who Creatives.
We use dummy text (Lorem Ipsum) in the graphics for previewing layouts and visual mockups.
Refund Policy:
Who Creatives guarantees 100% customer satisfaction with our limitless free Revision Policy which enables you to improve on your initial design brief free of charge through your account area.
In case of any identical charge due to dispensation error, failing to fulfill any of your special designing requirements or not being able to complete your design order as per the delivery policy, your complete design order amount will be refunded.
In case of any dissatisfaction from any design services provided by Who Creatives, you can submit a refund request within five days of your initial designs completion. However, it shall be assumed between both parties that you are satisfied with your initial designs if a refund request is not received within five days of initial designs delivery. For any Special / Combo packages, the same refund policy will be applicable as for the single design packages.
Your refund would be processed as per the chart below:
If request for refund is made before the order delivery, you would be eligible for a Full Refund (less 10% service & processing fee).
If request for refund is made within 48 hours of the initial design delivery, you would be eligible for a 66% refund (less 10% service & processing fee).
If request for refund is made between 48- 120 hours of the initial design delivery, you would be eligible for a 33% refund (less 10% service & processing fee).
No refund request will be entertained after 120 hours of your initial design delivery. However, since we believe in 100% customer satisfaction you are encouraged to contact us immediately in order to resolve any of your issues.
If no action is performed from customer after initial concept delivery (48 hours) or revised concept (72 hours), then 100% satisfaction will be considered.
All refund requests should be communicated to the support department. Who Creatives, based on the violation of your user agreement reserves the right to approve/disapprove your request on an individual case to case basis.
How to claim your refund:
All refund requests will be fulfilled as per the following arrangement:
Claim your refund specifying your concern by contacting us via phone, chat or email.
We will try to resolve your concern by virtue of our revision policy as soon as possible or else an email for refund request will be sent to you from our refund department.
After the refund, your design rights would be obtained by Who Creatives and you would not be able to display any version of the design sent by the company. Let us also specify that:
Since the design rights would now be transferred to the company, you will no longer have the right (direct or indirect) to use any response or other content, work product or media, nor will you have any ownership to it.
Working in collaboration with the Government Copyright Agencies Who Creatives would share Copyright Acquisition information for the refunded designs that would restrict the re-use of the designs as original designs in the future.
Quality Assurance Policy:
In order to provide you the anticipated satisfaction, our designers deliver according to client’s specifications and needs.
The designs are created after a detailed research and scrutiny that ensures that the design quality and uniqueness is maintained throughout.
100% Satisfaction assurance
Our free multiple revisions offer ensures that you get a 100% satisfaction.
We rework the ordered design and keep on revising it until you are completely satisfied.
We also provide coordination with your printing company for free, if required.
Delivery Policy:
All design order files are delivered to Account Area as per the date stated on the “Order Confirmation”. An e-mail is also sent to notify the client about their design order delivery made to their specific account area. All procedures pertaining to revision & refund are subject to date and time of design order delivered to client’s account area.
We deliver all our preliminary customized design orders for logos, websites and branding material within 2 to 3 days, however software, apps, mobile games and animation storyboards within 3 to 5 days of receiving the order — via an e-mail. The timeline for the delivery of digital marketing strategy varies upon the involved research, mediums, budget and overall plan size.
Revision Policy:
Who Creatives gives you assurance regarding unlimited revisions according to your particular packages. Clients can ask for revisions as per the package and no extra fee will be charged. However, design and concept will remain identical and the customer can post revision on any one of the provided options. Revision on numerous options is either inadmissible or will be charged discretely. Normal Revision reversal time would be 48 to 72 hours for logo and website design, 3 to 5 days for video animations, and the timeline for software, apps and games may vary depending on the revision scope. Similarly, the timelines for functionality and Development revisions may also differ contingent on the scope of work. The timeline for the revision of digital marketing strategy varies upon the involved research, mediums, budget and overall plan size.
Ownership of the Work:
Once an art work is accepted and the final file is sent to the client after the complete payment, the client owns all the rights of the paid art work. All the claims and copyrights of the design are then transferred to the client.
Copyrights & Trademarks:
The client retains full ownership of the logos, the drafts and all related materials.
The Website retains the right to use the logos exclusively for promotional purpose, including as part of our portfolio, and should under no circumstances sell, or use for profit unless explicitly authorized by the client.
The client has the right to use the design, graphics, logos, and text contained, at his discretion.
The Website should use the logos in a fair and legal manner which does not damage the client’s reputation and integrity.
Record Maintenance:
We keep a record of your finalized design once we provide you the final files.
If you require the final files again in the future we can send them to you at your request. The data will be maintained for a period of 6 months, after which the files will be permanently deleted.
Communication Policy:
YOU agree that Who Creatives is not liable for any correspondence from email address (es) other than the ones followed by our own domain i.e. “…@whocreatives.com” or/and any toll free number that is not mentioned on our website. Who Creatives should not be held responsible for any damage(s) caused by such correspondence. We only take responsibility of any communication through email address (es) under our own domain name or/and via toll free number i.e. already mentioned on Who Creatives Website.
Clause of Use
If a project has been abandoned in terms of approvals or specifications, based on the lack of any written communication between the client and the account manager for a period of at least 30 days then the project will be deemed as closed.
Closed Projects:
Closed Project is a project that has been either delivered in full or wasn’t claimed for a period of at least 60 days and [Var_Brand_Name] cannot be held liable after the stated time duration.