Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Aurum Creative LLC (hereinafter referred to as Aurum Creative) and in the event of any dispute are governed by the laws of Illinois.
All work is carried out by Aurum Creative on the understanding that once we are retained for services the client has agreed to our terms and conditions. Clients who enter into agreement with and retain our services will be bound by the terms of their signed contract and the terms of service herein.
Copyright is retained by Aurum Creative on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of concept designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Aurum Creative, unless specifically agreed in writing.
Communication
All communication and updates for client project design is done via the HoneyBook CRM platform. All clients receive access to the platform portal and are required to conduct project related business via the platform.
If a choice of concept designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Aurum Creative, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Aurum Creative will provide the customer with a written estimate or proposal via email or assigned client portal.
A digital or hardcopy of proposal is to be signed and dated by the customer to indicate acceptance and should be returned to Aurum Creative.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, these Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by Aurum Creative will be set out in the proposal or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this proposal and contract, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
All design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Source Files
We will supply proofs and all files as appropriate for printing and display or other graphic files as detailed in the job scope or request.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with an Approval Form and final Invoice prior to final release of project files or materials. At this time the remainder of the amount due will become payable. Publication and/or release of work done by Aurum Creative on behalf of the client, may not take place before cleared funds have been received.
Accounts which remain outstanding for 30 days after the date of any outstanding invoice, will incur a late payment interest charge at the rate of plus 3.25% per day in addition to the outstanding amount from the date due until the date of payment.
All Payments will be made by online transfer via the HoneyBook Client Portal unless otherwise directed by Aurum Creative. Acceptable forms of payment are credit card (Visa, Mastercard) or Debit Card. Checks and Money Orders are not accepted.
Subscriptions:
All Sites
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following returned payments. Aurum Creative shall be entitled to remove Aurum Creative ‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Returned payments for NSF funds for monthly service charges will incur a $25.00 Return payment fee.
Failure to pay required monthly fees for any service after a 30 day period will lead to service deactivation and access restriction.
Removal of such access to services does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Aurum Creative ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Aurum Creative for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Aurum Creative on behalf of the customer, will remain the property of Aurum Creative unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
Customer acknowledges that Aurum Creative may at any time use designs created for the sole purpose of advertising and promoting our services.
The customer may request in writing from Aurum Creative, the necessary permission to use materials (for which Aurum Creative holds the copyright) in forms other than for which it was originally supplied, and Aurum Creative may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Should Aurum Creative, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Aurum Creative to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Aurum Creative free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Design Credits
The customer agrees to allow Aurum Creative to place a small credit on printed material, exhibition displays, advertisements and/or a link to Aurum Creative's own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Aurum Creative to place websites and other designs, along with a link to the client’s site on Aurum Creative's own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Aurum Creative will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Aurum Creative also reserves the right to refuse to include submitted material without giving reason.
In the situation where any images and/or data that Aurum Creative does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Aurum Creative to remove the contravention without hindrance, or penalty. Aurum Creative is to be held in no way responsible for any such data being included.
Alterations
The customer agrees that changes required over and above the estimated work, in addition to the agreed scope, where the client makes changes to the supplied print design copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
Customer agrees that any changes or updates made to their website by the customer under the Standard Web Design Plan are the responsibility of the customer since the customer is given full access to site edits and Aurum is not retained as full service providers for said package. Any unwanted changes and correction requests to changes or updates by the customer will incur a charge at a flat rate of $30/hr for proper corrections and updates by Aurum Creative.
The customer also agrees that Aurum Creative holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Aurum Creative, or any of its contractors, is licensed for use by the client and may not be modified, or re-distributed in any way or form without the express written consent of Aurum Creative and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Aurum Creative will not be held responsible for any and all damages resulting from such claims.
Aurum Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Aurum Creative responsible for any such loss or damage.
Any claim against Aurum Creative shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Aurum Creative’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Aurum Creative in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Aurum Creative via the client portal or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing.
Aurum Creative will not be held responsible for any image quality which the client later deems to be unacceptable. Aurum Creative cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images.
Design Project Duration
Any indication given by Aurum Creative of a design project’s duration is to be considered by the customer to be an estimation. Aurum Creative cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Aurum Creative (which is typically 36hrs) for the initial payment or by date confirmed in writing by Aurum Creative.
Rights of Access for Website Construction or Social Media and Email Management
The client agrees to allow Aurum Creative all necessary access to Social Media Business accounts (for Social Media Management Service), Business Email Account ( for Email Management Service) as required, in order to complete Setup & Management, including the necessary read/write permissions, usernames and passwords.
The customer agrees to supply Aurum Creative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Aurum agrees not to share, use or distribute the sensitive account information for clients Social Media and or Email Accounts.
Design Project Completion
Aurum Creative considers the design project complete upon receipt of the customer’s signed Approval form or signoff email and final payment for project.
Website Design Only
Aurum Creative requires that a template draft and or mood board is approved by the customer before designing of a site commences. Once web design is complete, Aurum Creative will provide the customer with the opportunity to review the resulting work and make any changes or additions. Any further changes beyond customers agreed production timeline are at the discretion of the client. Aurum Creative will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 48hrs of the start of the review period.
Hosting Websites
Aurum Creative 's Web Hosting services are through Amazon AWS servers. Aurum Creative cannot not guarantee continuous uninterrupted service and will accept no liability for loss of service, due to Amazon AWS site maintenance or downtime.
All sites incur a monthly or annual subscription based hosting fee according to the site plan. This fee is separate from any other monthly fees due for add-ons.
All sites must have a mandatory SSL Security Certificate to ensure proper data and privacy protection. Security Certificates incur an annual fee no greater than $25.00. The initial 4 months of certificate service is valid without charge; afterwhich the annual fee will be automatically billed or charged to the payment method on file.
SEO/Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Aurum Creative cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Aurum Creative employs lite SEO services for our clients and has more comprehensive SEO services available via a third party partnership.
Disclaimer
Aurum Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Aurum Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Aurum Creative is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Aurum Creative LLC responsible for any such loss or damage. Any claim against Aurum Creative shall be limited to the relevant fee(s) paid by the customer.
Aurum Creative reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Aurum Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Aurum Creative reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Aurum Creative, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions. Furthermore, an estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Aurum Creative.
rev. 5/13/21