Terms and Conditions

Last Updated: October 2023

1. Introduction

Welcome to Redicreate (“Redicreate”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your use of our website, digital platforms, and services (collectively, the “Service”). Redicreate is a freelance business offering Photoshop design services and custom web application development. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Service.

2. Definitions

  • Client

    Any individual, business, or organization that contracts with Redicreate to receive Photoshop design services or custom web application development.

  • Freelancer/Service Provider

    Redicreate, its employees, contractors, or agents who perform the services.

  • Services

    The Photoshop design, digital imaging, graphic editing, and custom web application development services provided by Redicreate.

  • Deliverables

    The final work product(s) created by Redicreate for the Client as a result of the contracted Services.

  • Agreement

    This document, including any amendments, attachments, or additional agreements referenced herein.

  • Intellectual Property

    All copyrights, trademarks, trade secrets, and any other proprietary rights in content, designs, code, or documentation created or used by Redicreate.

  • User Content

    Any materials, feedback, or data submitted by the Client to Redicreate during the course of the engagement.

3. Scope of Services

  • Service Offerings

    Redicreate provides professional Photoshop design services and custom web application development. Specific details, timelines, and project milestones will be outlined in separate project proposals or Statements of Work (“SOW”) agreed upon by both parties.

  • Modifications

    Any change to the scope of work must be documented in writing and agreed upon by both the Client and Redicreate.

4. Client Obligations

  • Accurate Information

    The Client agrees to provide complete and accurate information, specifications, and materials required for the successful completion of the project.

  • Timely Feedback

    The Client will provide prompt feedback and approvals to facilitate timely delivery of the Services.

  • Payment

    The Client agrees to pay all fees as outlined in the project proposal or SOW in accordance with the agreed payment schedule.

5. Payment and Fees

  • Fees

    All fees for Services will be detailed in the project proposal or SOW. Fees may be charged on a fixed-price, hourly, or milestone basis as agreed in writing.

  • Invoicing and Payment Terms

    Invoices will be issued as specified in the SOW. Payments are due within [insert number] days of invoice receipt. Late payments may incur interest charges at the maximum rate allowed by applicable law.

  • Refunds

    Except as expressly provided in a separate refund policy or in cases of clear service non-performance, fees paid are non-refundable.

  • Additional Expenses

    Any out-of-pocket expenses or third-party costs incurred in the course of delivering the Services will be billed to the Client with prior written approval.

6. Intellectual Property Rights

  • Pre-Existing Materials

    Redicreate retains all rights to any pre-existing intellectual property used in or incorporated into the Deliverables.

  • Ownership of Deliverables

    Upon full and final payment, the Client is granted a non-exclusive, non-transferable license to use the Deliverables for the purposes set forth in the Agreement. Unless otherwise agreed in writing, Redicreate retains the right to use the work for portfolio, marketing, and internal purposes.

  • License Restrictions

    The Client shall not reproduce, distribute, or create derivative works of the Deliverables without prior written consent from Redicreate, except for the intended usage as outlined in the Agreement.

7. Confidentiality

  • Confidential Information

    Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the engagement (“Confidential Information”).

  • Use and Disclosure

    Confidential Information shall only be used for the purposes of fulfilling the obligations under the Agreement and will not be disclosed to any third party without prior written consent, except as required by law.

  • Exclusions

    Information that is publicly available or already known prior to disclosure is not considered Confidential Information.

8. Warranties and Disclaimers

  • Services Provided 'As Is'

    Redicreate provides its Services on an 'as is' and 'as available' basis without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

  • No Guarantee of Results

    While Redicreate will use commercially reasonable efforts to meet project specifications and deadlines, we do not guarantee that the Services will be error-free, uninterrupted, or completely secure.

  • Client Responsibility

    The Client acknowledges that any advice or recommendations provided are not a substitute for professional or legal advice, and the Client remains solely responsible for any decisions or actions taken based on such advice.

9. Limitation of Liability

  • Exclusion of Damages

    In no event shall Redicreate be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, loss of data, or costs of procurement of substitute goods or services, even if advised of the possibility of such damages.

  • Maximum Liability

    Redicreate’s total liability for any claim, whether in contract, tort, or otherwise, shall be limited to the amount paid by the Client for the specific service giving rise to the claim.

  • Force Majeure

    Redicreate shall not be held liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, government actions, pandemics, or technical failures.

10. Termination

  • Termination by Either Party

    Either party may terminate this Agreement with written notice if the other party materially breaches any provision and fails to remedy such breach within a reasonable period.

  • Termination for Convenience

    Redicreate reserves the right to terminate the Agreement for any reason with prior written notice. In such cases, any prepaid fees for services not yet rendered will be refunded.

  • Effect of Termination

    Upon termination, the Client shall pay any outstanding fees for services rendered. Any licenses granted to the Client shall also terminate unless otherwise agreed in writing.

11. Indemnification

  • Client Indemnity

    The Client agrees to indemnify and hold harmless Redicreate, its affiliates, officers, and employees from any claims, liabilities, damages, or expenses arising from the Client’s breach of this Agreement, misuse of the Services, or violation of applicable laws.

  • Redicreate Indemnity

    Redicreate shall indemnify the Client against claims alleging that the Deliverables infringe on any third-party intellectual property rights, provided that the Client promptly notifies Redicreate of any such claims.

12. Dispute Resolution

  • Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles.

  • Negotiation

    In the event of any dispute, both parties agree to attempt to resolve the matter through good-faith negotiations before pursuing formal legal action.

  • Arbitration

    If a dispute cannot be resolved through negotiation, it shall be settled by binding arbitration in accordance with the rules of [Insert Arbitration Body]. The arbitration shall take place in [Insert Location], and the decision shall be final and binding.

13. Miscellaneous

  • Entire Agreement

    These Terms constitute the entire agreement between Redicreate and the Client, superseding all prior agreements, understandings, and communications.

  • Amendments

    Redicreate reserves the right to modify these Terms at any time. Clients will be notified of significant changes, and continued use of the Services constitutes acceptance of the revised Terms.

  • Severability

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

  • No Waiver

    Failure by either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or any other rights under this Agreement.

14. Contact Information

For any questions regarding these Terms, you may contact Redicreate at contact@redicreate.com