Terms of Service

Last updated: June 2026

1. Agreement

These Terms of Service ("Terms") govern your use of the Creative Spade website and the design, development, hosting, branding, content, and marketing services we provide ("Services"). By engaging Creative Spade ("we," "us," "our") or using this website, you agree to these Terms. If you don't agree, please don't use the site or our Services.

2. Our Services

Creative Spade builds and maintains websites and online stores, and offers branding, content creation, social media, and lead-generation services for small businesses. The specific deliverables, timeline, and price for any engagement are set out in a written proposal or quote we provide and you approve. A proposal, once accepted, together with these Terms, forms our agreement.

3. Quotes, Proposals & Payment

• Project work is quoted up front. Hosting and ongoing maintenance are billed on a recurring (typically monthly) basis as stated in your proposal.
• Unless stated otherwise, a deposit may be required before work begins, with the balance due on or before launch.
• Recurring hosting/maintenance fees keep your site live and supported. If recurring payment lapses, we may pause updates or suspend hosting after reasonable notice.
• Fees are non-refundable except where required by law or expressly agreed in writing. Third-party costs (domains, premium fonts, stock assets, paid APIs, ad spend) may be billed separately or passed through.

4. Your Responsibilities

• Provide timely content, feedback, approvals, and access we need to do the work.
• Ensure you own or have the rights to all logos, text, images, and other materials you give us, and that they don't infringe anyone's rights.
• Use the website and any phone, SMS, or email features we set up in compliance with applicable laws (including the TCPA, CAN-SPAM, and carrier rules).

5. Intellectual Property & Ownership

On full payment for a project, you own the final delivered website design and the content you provided. We retain ownership of our pre-existing tools, frameworks, components, and know-how, and of any unused concepts. Unless you ask us in writing not to, we may display your project in our portfolio and marketing as an example of our work.

6. Hosting & Availability

Sites we host run on Cloudflare's global network. We work to keep your site fast and available but do not guarantee uninterrupted service unless a separate written service-level agreement applies. We are not liable for downtime, data loss, or issues caused by third-party providers or events beyond our reasonable control.

7. Phone, SMS & Email Communications

We may provision a tracking phone number that forwards calls to you and may log call metadata (such as caller number and call time) so you can follow up on leads. Contact-form submissions are delivered to you by email. If you enable SMS or outbound calling features, you are responsible for obtaining consent from recipients and honoring opt-out requests. Standard message and data rates may apply to recipients.

8. Third-Party Services

Our Services rely on third-party providers including, for example, Cloudflare (hosting, domains, security), Resend (email delivery), Calendly (scheduling), and Twilio (phone/SMS). Your use of features built on these providers is also subject to their terms, and we are not responsible for their outages, pricing changes, or data practices outside our control.

9. Acceptable Use

You agree not to use our Services or website to break the law, infringe others' rights, transmit malware, send spam, or attempt to disrupt or gain unauthorized access to any system.

10. Disclaimers

Services are provided "as is" and "as available." We do not warrant specific business results (such as traffic, rankings, leads, or sales). We make no warranty that templates, copy, or third-party integrations are error-free or fit for a particular purpose.

11. Limitation of Liability

To the maximum extent permitted by law, Creative Spade is not liable for any indirect, incidental, special, or consequential damages, including lost profits or data. Our total liability for any claim is limited to the amount you paid us for the Services giving rise to the claim in the three months before it arose.

12. Indemnification

You agree to indemnify and hold Creative Spade harmless from claims, damages, or expenses arising from the content or materials you provide, your use of the Services, or your violation of these Terms or any law.

13. Termination

Either party may end an engagement as allowed by the proposal or applicable law. On termination or non-payment, hosting and ongoing services may be suspended or ended. You remain responsible for fees incurred up to termination.

14. Governing Law

These Terms are governed by the laws of the State of Indiana, USA, without regard to its conflict-of-laws rules. Venue and dispute procedures may depend on the parties, claim, and applicable law.

15. Changes

We may update these Terms from time to time. Material changes will be posted here with a new "Last updated" date. Continued use of the Services after changes take effect constitutes acceptance.

16. Contact

Email: business@creativespade.com
Phone: (812) 615-3316