Terms of Service

Effective Date: 7/30/24

 

Introduction
Welcome to Avad Creative ("Company", "we", "our", "us"). These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with our services ("Service") operated by Avad Creative. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

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Services Provided
Avad Creative offers a comprehensive range of digital marketing and creative services designed to meet the unique needs of churches and non-profits. Our services include, but are not limited to:

 

- Search Engine Optimization (SEO): Enhancing the visibility of your website on search engines through on-page and off-page SEO strategies.
- Social Media Management: Creating, scheduling, and managing content across various social media platforms to engage your audience.
- Website Design and Development: Building responsive, user-friendly websites that reflect your mission and vision.
- Video Production: Producing high-quality videos for promotional, educational, or worship purposes.
- Email Marketing: Designing and executing email campaigns to communicate effectively with your audience.
- Graphic Design: Creating visually appealing graphics for all your digital and print needs.
- Consulting Services: Providing expert advice and strategies to improve your digital presence and engagement.

 

Payment Terms
- Invoices: Invoices for ongoing services will be issued upon completion of each project milestone or at the end of each month. All invoices must be paid within 30 days of receipt unless otherwise agreed upon in writing.
- Late Payments: Late payments may incur a late fee of 1.5% per month on the outstanding balance. Persistent late payment may result in the suspension of services until the account is brought current.
- Refunds: Refunds for services rendered are not available except in cases where Avad Creative fails to deliver the agreed-upon services within the specified timeframe, as outlined in the project agreement. Refund requests must be submitted in writing within 15 days of the service delivery date.

 

Intellectual Property
- Ownership: All content created by Avad Creative remains the intellectual property of Avad Creative until full payment is received. Upon full payment, ownership of the deliverables is transferred to the client. This includes all copyrights, trademarks, and other intellectual property rights.
- Usage Rights: Avad Creative reserves the right to use any work created for promotional purposes, including portfolios, case studies, and marketing materials, unless specifically agreed otherwise in writing.
- Third-Party Materials: Any third-party materials used in the project (such as stock images, licensed software, etc.) remain the property of their respective owners and are subject to their licensing terms.

 

Confidentiality
- Mutual Confidentiality: Both parties agree to maintain the confidentiality of any proprietary information received during the course of the project. This includes but is not limited to trade secrets, business strategies, and client information.
- Disclosure: Neither party will disclose confidential information to any third party without prior written consent from the other party, except as required by law or as necessary to perform the services.
- Data Security: Avad Creative implements industry-standard security measures to protect client data. However, we cannot guarantee absolute security and are not responsible for any breach of security outside our reasonable control.

 

Limitation of Liability
- General Limitation: Avad Creative is not liable for any indirect, incidental, or consequential damages resulting from the use or inability to use the Service, even if Avad Creative has been advised of the possibility of such damages.
- Maximum Liability: Our total liability for any claim arising out of or relating to the Service is limited to the amount paid by the client for the Service.
- Exclusions: This limitation of liability does not exclude or limit our liability for gross negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
 

Termination
- Termination by Either Party: Either party may terminate the agreement with 30 days written notice. Upon termination, the client will be invoiced for all work completed up to the date of termination.
- Immediate Termination: Avad Creative reserves the right to terminate the agreement immediately if the client breaches any terms of this agreement, including but not limited to non-payment or misuse of the deliverables.
- Post-Termination Obligations: Upon termination, both parties must return or destroy all confidential information and cease using any intellectual property belonging to the other party.

 

Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of Alabama, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be resolved in the state or federal courts located in Alabama.

 

Changes to Terms
Avad Creative reserves the right to modify or replace these Terms at any time. Any changes will be posted on our website, and continued use of the Service following the posting of any changes constitutes acceptance of those changes. It is the client's responsibility to review these Terms periodically for any updates.

 

Force Majeure
Avad Creative is not liable for any failure to perform its obligations under this agreement if such failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, and government regulations.

 

Independent Contractor
Avad Creative operates as an independent contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, or employer-employee relationship between Avad Creative and the client.

 

Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations, whether written or oral, relating to the subject matter herein.

 

Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

 

Waiver
The failure of Avad Creative to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. A waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Avad Creative.

 

Notices
All notices and other communications required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, sent by confirmed email, sent by nationally recognized overnight courier, or mailed by registered or certified mail (return receipt requested), to the addresses specified by the parties.

 

Contact Us
If you have any questions about these Terms, please contact us at:

 

Avad Creative
(256) 580-6303
AvadCreative@gmail.com

By using our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.