Terms & Conditions
Scope of Work
Services will be performed as outlined in the approved proposal, estimate, or statement of work. Any services requested outside the agreed scope may require a revised estimate and written approval. Additional work will be billed at Stackable Creative’s standard hourly rate of $150/hour unless otherwise agreed upon in writing.
Pricing & Estimates
The cost range presented in any proposal is based on Stackable Creative’s current understanding of the Client’s needs at the time of preparation. All pricing includes project management and reflects a standard hourly rate of $150/hour.
Estimates are valid for 45 days from the date issued unless otherwise noted.
Billing Schedule – Project-Based Work
First Payment (50%)
Due upon agreement and commencement of the project. An invoice will be issued upon signing the contract, and payment must be received within 7 days to initiate project work.
Second Payment (50%)
Due upon project completion and final delivery of all agreed-upon deliverables. An invoice will be issued at the completion of the project and payment must be made within 30 days of the invoice date.
Stackable Creative reserves the right to pause work on any project with invoices outstanding beyond 30 days.
Billing Schedule – Retainer-Based Work
For ongoing retainer services, an invoice will be issued three (3) days prior to the start of each month. Payment must be made within 30 days of the invoice date.
Late Payments
Any payments not made within the specified time frames will incur a late fee of 1.5% per month or $25, whichever is greater, on the outstanding balance, unless otherwise negotiated in writing.
Stackable Creative reserves the right to suspend services or withhold deliverables until outstanding balances are paid.
Project Initiation
Stackable Creative will not begin work without a signed and approved estimate or contract and receipt of the required initial payment for project-based work.
Additional Costs
Fees outlined in proposals include Stackable Creative’s cost-of-staff only. They do not include applicable sales tax or any additional out-of-pocket expenses incurred during production.
Additional costs may include but are not limited to:
Photography
Videography
Printing
Media Buys
Stock photography or licensing
Postage or shipping
Talent fees
Third-party software or plugin licensing
Hosting or platform fees
Plug-in Costs
These expenses will be billed separately through individual project estimates or production invoices.
Client Responsibilities
The Client agrees to provide necessary content, materials, approvals, and feedback in a timely manner. Delays in providing these items may result in adjustments to project timelines and may incur additional costs.
Stackable Creative is not responsible for delays caused by the Client, third-party vendors, or circumstances beyond reasonable control.
Project Timelines
Project timelines are based on mutual cooperation and timely communication between Stackable Creative and the Client. If a project becomes inactive for 30 days or more due to Client delays, Stackable Creative reserves the right to re-evaluate scheduling and may require a revised timeline or additional fees to resume work.
Kill Fees / Project Cancellation
In the event that a project is canceled after work has commenced, the Client agrees to compensate Stackable Creative for work completed according to the following milestones:
After project commencement but prior to creative concept presentation:
20% of total project fee
After first creative concept presentation but before production begins:
50% of total project fee
After production of approved creative has begun but prior to final delivery:
90% of total project fee
All work completed up to the point of cancellation remains the property of Stackable Creative until payment is received.
Retainer Contract Termination
Either party may terminate a retainer agreement by providing 30 days written notice.
Any outstanding invoices must be paid in full prior to termination of services.
Ownership & Intellectual Property
Upon receipt of full and final payment, the Client will own the final approved deliverables produced under the agreement.
Stackable Creative retains ownership of preliminary concepts, working files, design processes, and proprietary tools unless otherwise specified.
Stackable Creative and its associated contractors retain the right to display completed work in portfolios, case studies, marketing materials, and social media unless otherwise agreed in writing.
Third-Party Services
Projects may incorporate third-party platforms, software, hosting providers, plugins, APIs, or other tools. Stackable Creative is not responsible for outages, changes in pricing, service interruptions, security breaches, or functionality changes related to third-party services.
Any third-party licensing or subscription fees are the responsibility of the Client unless otherwise specified.
Website Accessibility
Stackable Creative is committed to designing websites with accessibility best practices in mind and may reference recognized accessibility standards such as the Web Content Accessibility Guidelines (WCAG) where feasible.
However, website accessibility compliance is an evolving area of law and technology. While reasonable efforts may be made during the design and development process to improve accessibility, Stackable Creative does not guarantee full compliance with all accessibility laws, regulations, or standards, including but not limited to the Americans with Disabilities Act (ADA).
The Client acknowledges that accessibility compliance may require ongoing monitoring, updates, and third-party testing after website launch. Stackable Creative shall not be held liable for accessibility-related claims, legal actions, or damages arising from the Client’s website once delivered.
Website Maintenance & Post-Launch Responsibility
Unless covered in a ‘Website Maintenance Agreement’, Stackable Creative is not responsible for ongoing updates, security patches, plugin updates, hosting issues, performance changes, or other technical maintenance following project completion.
Clients are responsible for maintaining their website, software updates, and hosting environment unless a maintenance plan is in place.
Client Content Responsibility
The Client is solely responsible for the accuracy, legality, and ownership of all content, materials, and information provided to Stackable Creative for use in any project. This includes but is not limited to text, images, graphics, videos, trademarks, logos, data, and other intellectual property.
The Client represents and warrants that it has the necessary rights, licenses, or permissions to use all materials supplied to Stackable Creative.
Stackable Creative shall not be responsible for verifying the legality or ownership of Client-provided materials and shall not be held liable for any claims, damages, or legal disputes arising from the use of such materials.
Indemnification
The Client agrees to indemnify, defend, and hold harmless Stackable Creative, its owners, employees, contractors, and affiliates from and against any and all claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from:
Content, materials, or data provided by the Client
The Client’s use of deliverables created by Stackable Creative
The Client’s website, marketing materials, or business operations
Alleged violations of copyright, trademark, intellectual property rights, or privacy laws
Accessibility-related claims related to the Client’s website following project delivery
This indemnification obligation will survive the completion, termination, or expiration of the agreement.
Limitation of Liability
To the fullest extent permitted by law, Stackable Creative’s liability under this agreement shall be limited to the total amount paid by the Client for the services provided.
Stackable Creative shall not be liable for any indirect, incidental, consequential, or special damages including but not limited to loss of revenue, loss of data, or loss of business opportunities.
Force Majeure
Stackable Creative shall not be held responsible for delays or failure to perform services due to circumstances beyond its reasonable control including natural disasters, acts of government, internet outages, labor disputes, or other unforeseen events.
Acceptance
Approval of any proposal, estimate, or agreement issued by Stackable Creative constitutes acceptance of these Terms & Conditions.
