Terms and Conditions

Last updated: December 2024

1. Introduction

These Terms and Conditions ("Terms") govern your relationship with Creativalley ("we", "us", or "our") located in Berkhamsted, Hertfordshire, United Kingdom. By engaging our services, you agree to be bound by these Terms.

2. Services

Creativalley provides web, apps and games development, digital consultancy, digital marketing, web hosting, and training services. All services are subject to these Terms and any additional agreements we may enter into.

2.1 Web, Apps and Games Development Services

  • Custom website development and design
  • E-commerce solutions and applications
  • Progressive web applications
  • Browser-based games and interactive experiences
  • Viral marketing games and gamification solutions
  • API development and third-party integrations
  • Website and game maintenance and support

2.2 Digital Consultancy Services

  • Digital strategy development and planning
  • Technology stack recommendations
  • Project roadmap and timeline planning
  • User experience optimization
  • Game design and engagement strategy
  • Performance audits and recommendations

3. Client Responsibilities

You agree to:

  • Provide accurate, complete, and timely information required for project completion
  • Respond to requests for feedback and approvals within agreed timeframes
  • Ensure you have the right to use any content, images, or materials provided
  • Make payments according to the agreed schedule
  • Maintain confidentiality of any login credentials or sensitive information

4. Payment Terms

4.1 Project Payments

Unless otherwise agreed in writing, payments are typically structured as follows:

  • 50% deposit required before work commences
  • Remaining balance due upon project completion
  • Monthly recurring payments for hosting and maintenance services

4.2 Late Payments

Late payments may incur interest charges of 1.5% per month. We reserve the right to suspend services for accounts more than 30 days overdue.

5. Intellectual Property

5.1 Client Content

You retain ownership of all content, text, images, and materials you provide. You grant us a license to use these materials solely for the purpose of delivering the agreed services.

5.2 Developed Work

Upon full payment, you will own the custom code, game assets, and design elements specifically created for your project. We retain ownership of our proprietary frameworks, game engines, tools, and methodologies.

5.3 Third-Party Components

Projects may include third-party components, plugins, game libraries, or frameworks subject to their respective licenses. We are not responsible for licensing fees or restrictions related to third-party components.

6. Project Scope and Changes

6.1 Scope Definition

Project scope will be clearly defined in a separate project agreement or statement of work. Any work outside the agreed scope may incur additional charges.

6.2 Change Requests

Changes to project scope must be requested in writing and will be subject to additional time and cost estimates. We will provide written approval before proceeding with any scope changes.

7. Hosting and Maintenance

7.1 Hosting Services

Where we provide hosting services, we will make reasonable efforts to ensure 99.9% uptime. We are not liable for downtime due to circumstances beyond our control.

7.2 Backups

We perform regular backups of hosted websites but recommend clients maintain their own backup procedures. We are not liable for data loss.

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards. We will remedy any defects in our work at no additional cost if reported within 30 days of delivery.

8.2 Disclaimers

Except as expressly stated, all services are provided "as is" without warranties of any kind. We do not guarantee specific results, rankings, or performance metrics.

9. Limitation of Liability

Our liability to you for any claim arising from our services shall not exceed the total amount paid by you for the specific services giving rise to the claim. We shall not be liable for any indirect, consequential, or punitive damages.

10. Confidentiality

We will maintain the confidentiality of your business information and will not disclose it to third parties without your consent, except as required by law.

11. Termination

11.1 Termination by Client

You may terminate our services at any time with written notice. You remain liable for all work completed and expenses incurred up to the termination date.

11.2 Termination by Creativalley

We may terminate services with 30 days' written notice or immediately for non-payment or breach of these Terms.

12. Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, or technical failures.

13. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the English courts.

14. Contact Information

For questions regarding these Terms, please contact us at:

Creativalley
Berkhamsted, Hertfordshire
United Kingdom
Email: contact@creativalley.uk

15. Changes to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated to existing clients via email. Continued use of our services after changes constitutes acceptance of the updated Terms.