TERMS AND CONDITIONS

Introduction and Acceptance

Welcome to Cactus Creative Co. ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website located at https://cactuscreativeco.agency (the "Website") and all related services, including but not limited to creative design, web development, content creation, systems design, photography, and consulting services (collectively, the "Services").

By accessing or using our Website or engaging our Services, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website or Services.

These Terms constitute a legally binding agreement between you and Cactus Creative Co., a creative agency based in Chicago, Illinois, United States.

Eligibility

To use our Website or engage our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction;
• Have the legal capacity and authority to enter into binding contracts;
• If acting on behalf of a business entity, have the authority to bind that entity to these Terms;
• Not be prohibited from using our Services under applicable laws.

Services Description

Core Services

Cactus Creative Co. provides the following core services:

• Design Services: Brand identity, visual design, graphic design, marketing collateral, and creative direction
• Website Services: Website design, development (including Webflow and Shopify platforms), SEO optimization, and website maintenance
• Content Services: Content creation, copywriting, social media content, blog imagery, email design, and marketing content production

Additional Services

• Systems Design: Digital marketing suite configuration, online business systems, AI automations, e-commerce configuration, Notion business configuration, custom MCP automations, and Microsoft Power Platform development
• Photography: Photoshoot planning, creative direction, product photography, team photos, and marketing imagery
• Consulting: Brand consulting, online business coaching, marketing strategy, scaling systems advisory, and creative career coaching

Service Delivery Process

Our standard service delivery follows a four-phase process:

1. Discovery: Initial consultation, requirements gathering, and project scoping
2. Concepts: Creative development, design exploration, and strategic planning
3. Review: Client feedback, revisions, and refinement
4. Launch: Final delivery, implementation, and deployment

Subscription and Payment Terms

Subscription Model

Our Services operate primarily on a monthly subscription basis. Available packages include:

• Design & Content Package: Starting at $8,500/month (10 hours/week guaranteed)
• Web Marketing Package: Starting at $14,200 (15+ hours/week guaranteed)
• Enterprise Package: Starting at $21,500 or $9,250/month (25+ hours/week guaranteed)

Additional Services Pricing

• Systems Design: Starting at $8,800/month
• Photography: Starting at $5,000/shoot
• Consulting: Starting at $1,800/month or $150/hour

Payment Terms

• All fees are quoted in United States Dollars (USD) unless otherwise specified
• Payment is due according to the terms specified in your service agreement or invoice
• We accept payment methods as specified during the engagement process
• Late payments may incur interest charges as permitted by applicable law
• Failure to pay may result in suspension or termination of Services

Refund Policy

• Deposits and advance payments are generally non-refundable
• Partial refunds may be considered on a case-by-case basis for unused portions of prepaid services
• Refund requests must be submitted in writing to hello@cactuscreativeco.agency
• Custom work completed and delivered is non-refundable

Client Obligations and Responsibilities

Information and Materials

You agree to:

• Provide accurate, complete, and timely information required for service delivery
• Supply necessary materials, content, brand assets, and access credentials as requested
• Respond to requests for feedback, approvals, and clarifications within reasonable timeframes
• Ensure you have proper rights and permissions for all materials provided to us

Cooperation

You acknowledge that:

• Delays in providing required information or approvals may impact project timelines
• We are not responsible for delays caused by your failure to cooperate or provide necessary resources
• Additional charges may apply for work outside the original scope due to incomplete or changed requirements

Compliance

You represent and warrant that:

• Your use of our Services will comply with all applicable laws and regulations
• Content and materials you provide do not infringe upon third-party intellectual property rights
• Your business operations comply with relevant industry regulations and standards

Intellectual Property Rights

Pre-Existing Materials

• Each party retains ownership of its pre-existing intellectual property
• Any materials, tools, methodologies, or proprietary systems owned by Cactus Creative Co. prior to engagement remain our exclusive property
• Client-provided materials remain the property of the Client

Work Product

• Upon full payment, you will receive the rights to final deliverables as specified in your service agreement
• We retain the right to use general skills, knowledge, and experience gained during the engagement
• We reserve the right to display work in our portfolio and marketing materials unless otherwise agreed in writing

Third-Party Materials

• Deliverables may include third-party materials subject to separate license terms
• You are responsible for complying with applicable third-party license requirements
• Stock images, fonts, and other licensed materials may require separate licensing for certain uses

Trademarks and Branding

• "Cactus Creative Co." and our associated logos and branding are our exclusive property
• You may not use our branding without prior written consent

Confidentiality

Confidential Information

Both parties agree to:

• Protect confidential information disclosed during the engagement
• Use confidential information only for purposes related to the Services
• Not disclose confidential information to third parties without prior written consent

Exclusions

Confidential information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

Warranties and Disclaimers

Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right and authority to provide the Services
• Deliverables will substantially conform to specifications agreed upon in writing

Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

No Guarantee of Results

We do not guarantee:

• Specific business results, increased revenue, or improved performance
• Search engine rankings or organic traffic increases
• Third-party platform approval or acceptance
• Market reception of designs or creative work

Limitation of Liability

Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CACTUS CREATIVE CO. SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA
• COST OF SUBSTITUTE SERVICES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA

Liability Cap

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Exceptions

These limitations do not apply to:

• Liability that cannot be excluded or limited by applicable law
• Claims arising from gross negligence or willful misconduct
• Breach of confidentiality obligations

Indemnification

You agree to indemnify, defend, and hold harmless Cactus Creative Co. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms
• Your violation of applicable laws or third-party rights
• Content or materials you provide to us
• Your use of the Services
• Any dispute between you and a third party

Termination

Termination by Client

You may terminate Services:

• For convenience with 30 days written notice
• Fees paid for the current service period are generally non-refundable
• You remain responsible for payment of all work completed through the termination date

Termination by Company

We may terminate or suspend Services:

• For non-payment after reasonable notice and opportunity to cure
• For material breach of these Terms
• If we determine, in our sole discretion, that continuing the engagement would be detrimental to our business

Effect of Termination

Upon termination:

• All outstanding fees become immediately due and payable
• Licenses granted to you may be revoked for unpaid work
• Confidentiality obligations survive termination
• Provisions that by their nature should survive will survive termination

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions.

Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve disputes informally by contacting us at hello@cactuscreativeco.agency.

Arbitration

Any dispute not resolved informally within 30 days shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Chicago, Illinois.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm.

General Provisions

Entire Agreement

These Terms, together with any service agreements, statements of work, and referenced policies, constitute the entire agreement between you and Cactus Creative Co.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

No waiver of any provision shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond the reasonable control of that party, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages.

Independent Contractors

The relationship between the parties is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

Notices

All notices under these Terms shall be in writing and sent to:

• Cactus Creative Co.: hello@cactuscreativeco.agency or Chicago, IL (physical address available upon request)
• Client: The email address provided during registration or engagement

Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated through our Website or direct notification. Continued use of our Services after changes constitutes acceptance of the modified Terms.

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