TERMS AND CONDITIONS

DESIGN.THEKRE8TIV.COM

1. GENERAL

www.design.thekre8tiv.com (referred to as the Website) is operated by THEKRE8TIV GmbH (referred to as the Agency). Please read these Terms and Conditions before purchasing our products and services. This Website offers products and services for users to develop creative content for marketing purposes, including social media and advertising. Any new products, services, tools or features which may be added to the Website shall also be subject to these terms and conditions. 

2. PRIVACY POLICY

Our privacy policy highlights the information which the company may gather about you through your use of the Website and the ways in which the Agency will or may use the information. Please review the privacy policy before accepting these terms and conditions. 

3. YOUR ACKNOWLEDGEMENT

You acknowledge and agree that the Agency :  

1. has no responsibility to check and cannot be held liable should the assets (logo, images, videos, audio, etc.) and other elements of your content and ads have issues with copyright violations;
2. may terminate your ability to access or use the service at any time in response to a breach of these terms & conditions or in accordance with any other agreement the Agency may have with you;
3. will not issue a refund on the plan purchased upon termination of this contract per Section 3.b; and 
4. makes no promise of exclusivity whatsoever and reserves the right to provide our services to your competitors, including in other markets and market segments. 

4. OUR SERVICES

This Website offers professionally created graphic design materials in different formats including, but not limited to, static, dynamic (GIF), banner, carousel and microvideo (each referred to as a Design Material). These Design Materials are tailored to the creative brief (referred to as Brief) you submit. 

1. You may purchase one of our plans (referred to as Plan) at any time. 
2. There is no limit to the number of Plans that you may purchase which means that if you have multiple teams in your business, each may purchase their own plan. 
3. To cancel, upgrade or downgrade your Plan is only possible with the monthly subscription option. You need to send us a request via email to design@thekre8tiv.com seven (7) days prior to your next month’s billing. 
4. Single use / month Plan is non-cancellable.
5. When purchasing a Plan, the Website outlines which services and benefits are available to you. You also agree to any applicable / additional Terms and Conditions provided to you upon purchase of your Plan. 
6. Each monthly subscription Plan will renew automatically every 30 days and we will automatically bill you on renewal unless you cancel, upgrade or downgrade per Section 4.c.
7. A breach or violation of any term in these Terms and Condition, as determined in the sole discretion of the Agency may result in an immediate termination of your Plan. 

5. OUR SCOPE OF WORK

1. This website has three Plans – with different price points, services and benefits – that you can choose from : 

2. Depending on the Plan you purchase, we will provide up to one (1) month of visuals for your social content and digital ads. The actual number of visuals you may be served may also vary based on several factors including, but not limited to, complexity and clarity of Briefs, speed of communication, turnover of brand assets, etc. 
3. Upon purchase of your Plan, you will get a Brief template where you will include all your requirement details and assets so we can start working on your content / ads. 
4. We encourage that you brief us in “batches”, which means that you will share with us all your requirements at the start of your Plan period. However, we will still follow the respective turn-around times (see Section 5.a), one brief at a time. 
5. You will share with us your brand assets, including but not limited to, brand guides, logos, product shots, visual and audio assets that will help us create your content and ads. 
6. All Plans do not include production / shoot of original assets including but not limited to images, videos, music and audio. 
7. Should the Agency decide to purchase stock images, videos, music and audio to use in your content and ads, your Plan will not incur additional charges. 
8. All Plans only include the creation of visuals for your content and ads. Should there be a requirement for text / copy, you will have to provide this so we can include in our work. No copywriting will be provided and done by the Agency. 
9. The Agency is not responsible for posting social media content and running ads for you. Once you approve of the content / ads we created, we will give you in the format and dimensions you require so you can post on your social channels, run as ads or use for your website. 

6. FEES

1. You will pay the fees applicable to the Plan you purchase. Your right to access and use the services and benefits is conditional in all respects to your payment of the Plan you purchase. 
2. Unless provided otherwise, all purchase transactions are to be made through the website. 
3. Provided payment has been successfully processed, a receipt will be made for you to download. In order for the Agency to deliver you the receipt, you will need to provide your email address upon purchase. 
4. You must keep a valid payment method with us to pay for your purchased and / or recurring Plan. The Agency will charge the applicable fees to any valid payment method that you authorize (referred to as authorized payment method) and the Agency will continue to charge the authorized payment method for applicable fees until the termination. Unless otherwise indicated, all fees and other charges are in EUR and all payments shall be in EUR. 
5. All Plans are paid in advance and subscription Plans are billed at the start of your monthly period. If we are not able to process payment of the Plan, we will pause all work connected to your Plan and contact you via email to settle the fee. Your Plan will be reactivated once payment is successful. 
6. The fees payable for each Plan may be modified on 30 days’ notice to you via email from the agency. 

7. REFUNDS

The Agency does not provide refunds of purchased Plans and monthly subscriptions. 

8. OUR CONDITIONS

1. It is a condition that upon the purchase of your Plan, you ensure that any files, visual and audio assets, logos and other information you provide as part of your Brief :
   1. are owned by you or you are lawfully authorized to use for the purpose of production and distribution; 
   2. are not fraudulent; 
   3. do not infringe the intellectual property rights of any person or organization; 
   4. do not violate any law, statute or regulation and does not constitute or encourage conduct that would constitute a criminal offence; 
   5. are not harmful, threatening, vulgar, obscene, pornographic, profane or indecent or otherwise in violation of any law; and 
   6. do not contain any computer virus or other harmful components. 
2. You undertake and warrant not to use the finished content, ads, design and work by the Agency other than for legitimate social media, digital marketing and / or other reasonable uses associated with the promotion of your business. 
3. You shall indemnify the agency to the fullest extent permitted by law for any breach of this section 8. 
4. You also agree to grant the Website and the Agency permission to use the Design Materials created for you as part of their portfolio that may be published and / or used in advertising. 

9. CONFIDENTIALITY 

This Website and agency shall consider all information you furnished (referred to as Information) to be confidential and shall not disclose any such Information to any other person outside the Agency or use such Information itself for any purpose other than performing the agreed service. This Information will only be shared within the Agency, its shareholders, directors, employees and freelancers. 

Information shall include but not limited to brand guidelines, logos, photographs, videos, audio, designs, drawings, technical data, price list, product information and any other materials relating to your business. 

All the Information that you share with the Website and the Agency is and shall remain your property. Upon a written request from you via email or the termination of your plan, the Agency shall return to you all the Information you have given. 

10. TERMINATION

1. A single-month plan will terminate at the end of the relevant period. 
2. In order to terminate a monthly subscription plan, a request must be sent via email to design@thekre8tiv.com seven (7) days prior to your next month’s billing. 
3. The Agency may terminate your plan and your right to access its services and benefits at any time, with or without notice, if you :
   1. use the Website using fraudulent personal details, identification or payment details, or otherwise misrepresent your identity to the Agency; 
   2. infringe the intellectual property rights of any person or organization; or
   3. use the Website, Agency and / or its work in breach of these terms and conditions or any applicable law. 

11. LIMITATION OF LIABILITY 

To the maximum extent permitted by law, the Agency disclaims all representations, guarantees or warranties, express or implied, including, but not limited to: 

1. the completeness, accuracy, reliability, suitability or availability with respect to the Website or the Website content or its products and services; 
2. that the Website, the Website content, the Design Materials and its products and services will be free of errors, or that defects will be corrected; 
3. that your access to the Website or the services will be uninterrupted, secure or error free; 
4. that the Website and the products and services are free of viruses or any other harmful components; and 
5. the quality, accuracy, or fitness for purpose of any third party websites, or third party material.

To the maximum extent permitted by law, the Agency and its shareholders, directors, employees and freelancers, are not liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages or loss of any kind (including consequential loss, loss of profits, business opportunity or damage to good will) or any loss, destruction or corruption of data howsoever caused, whether in contract, tort including negligence, statute or otherwise arising in connection with the Website, the Website content or its products and services. 

Liability of the Agency for breach of a condition or warranty implied by law, and which cannot be excluded, is limited to the extent possible of the Agency’s option, to supply the Website and services you subscribe to again or return to you any payment for services which have not been provided to you.

You are responsible for your use of the Website, including any information you make available through the Website.

12. INDEMNITY

You agree to fully indemnify the Agency and its subsidiaries, shareholders, directors, employees and freelancers, harmless from and against any claim, action, demand, loss, liabilities or damages, expenses, including without limitation, reasonable legal and accounting fees, howsoever caused, or suffered as a result of:

1. your breach of these terms and conditions or your use of the Website, the Agency and its products and services;
2. a recommendation, comment, or any other content uploaded by you to the Website;
3. a recommendation, comment, or any other content uploaded by you through the Website; or
4. a claim relating to any loss, damage, death or personal injury caused by or relating to information obtained by you from the Website; or 
5. a breach of Privacy.
6. FORCE MAJEURE

1. Should a party’s fulfillment of its obligations under this agreement be prevented, impeded or delayed for any reason beyond the party’s control (referred to as Force Majeure Event) including, but not limited to, labour disputes, state administrative actions of any kind, fire, flooding and shortage of power, the party shall be considered relieved to perform any obligation affected by the Force Majeure Event for a reasonable period with regard to all relevant circumstances. 
2. The party desiring to invoke a Force Majeure Event shall give immediate notice to the other party. The failure of such notice shall mean that the party is not discharged from liability for any non-performance caused by such Force Majeure Event. 

14. ACCEPTANCE

You acknowledge and accept that your purchase of a plan on the Website indicates your acceptance of these Terms and Conditions. 

Neither party may rely on the words or conduct of the other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

15. APPLICABLE LAW

These Terms & Conditions are governed by the laws of Germany. Both you and the Agency submit to the exclusive jurisdiction of the courts of Germany. 

16. COMPANY DETAILS

THEKRE8TIV GmbH 

Am Sparrenberg 38

33602 Bielefeld

Germany

Phone number: +49 17636964162

E-mail: info@thekre8tiv.com

Internet: www.thekre8tiv.com 

Managing director authorized to represent: Dawn Andrea Arañador-Ferri

Registration number: HRB44346

Register court: Local court Bielefeld

VAT Identification number: DE342737195