Terms of Service
Effective Date: May 31, 2026 | Last Updated: May 31, 2026
These Terms of Service ("Terms") govern your access to and use of the website, client portal, and web design services provided by Ellment Creative ("we," "us," or "our"). By accessing our website at ellmentcreative.com, creating an account, or engaging our services, you ("you," "Client") agree to be bound by these Terms.
Please read these Terms carefully. If you do not agree, you may not use our services.
1. Services
Ellment Creative provides website design and related creative services. The specific scope, deliverables, timeline, and price for each engagement will be defined in a separate Statement of Work ("SOW") or proposal that you approve before work begins. Each SOW is incorporated into and governed by these Terms.
Any work, features, or revisions requested beyond what is described in the applicable SOW may be subject to additional fees, which we will communicate to you in advance.
2. Client Portal & Accounts
To use certain features, you must create an account on our client portal. You agree to:
- Provide accurate and complete registration information
- Keep your login credentials confidential and secure
- Accept responsibility for all activity that occurs under your account
- Notify us immediately of any unauthorized access or security breach
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.
3. Payment Terms
3.1 Invoices and Payment
Fees for our services are set out in the applicable SOW or invoice. Unless otherwise stated, invoices are due within 15 to 30 days of the invoice date. Payments are processed securely through Stripe.
3.2 Deposits
We may require a non-refundable deposit (typically 50%) before commencing work. The remaining balance is due according to the schedule in your SOW.
3.3 Late Payments
Invoices not paid by the due date may be subject to a late fee of 1.5% per month on the outstanding balance. We reserve the right to pause work on your project until overdue amounts are paid.
3.4 Refunds
Because our services involve custom creative work, fees for completed work and non-refundable deposits are not refundable. If you cancel a project before completion, you will be billed for all work performed up to the cancellation date. Any specific refund terms in your SOW will take precedence over this section.
4. Intellectual Property
4.1 Ownership of Final Deliverables
Upon full and final payment of all amounts due, ownership of the final, approved deliverables created specifically for you under the SOW transfers to you, except for any third-party materials and our pre-existing tools described below.
4.2 Our Pre-Existing Materials
We retain all rights to our pre-existing intellectual property, including templates, frameworks, code libraries, design systems, and know-how used to create your deliverables. We grant you a non-exclusive license to use these as incorporated into your final deliverables.
4.3 Third-Party Materials
Your project may include third-party assets such as fonts, stock images, or plugins that are subject to their own licenses. You are responsible for maintaining any required licenses for ongoing use.
4.4 Portfolio Rights
Unless otherwise agreed in writing, we reserve the right to display work created for you in our portfolio, case studies, and marketing materials.
5. Client Responsibilities
To help us deliver your project successfully, you agree to:
- Provide content, materials, and feedback in a timely manner
- Ensure you have the rights to any materials you provide to us
- Designate a point of contact authorized to approve work and make decisions
- Review deliverables and provide consolidated feedback within agreed timeframes
Delays in providing materials or feedback may affect project timelines and are not the responsibility of Ellment Creative.
6. Revisions and Approvals
Each SOW will specify the number of revision rounds included. Additional revisions beyond the agreed number may incur extra fees. Once you approve a deliverable or milestone, any subsequent changes may be treated as new work.
7. Warranties and Disclaimers
We will perform our services in a professional and workmanlike manner. However, except as expressly stated, our services and deliverables are provided "as is" without warranties of any kind, whether express or implied, including warranties of merchantability or fitness for a particular purpose.
We do not warrant that our services will be uninterrupted, error-free, or that any website will achieve specific business results, search rankings, or traffic levels.
8. Limitation of Liability
To the maximum extent permitted by law, Ellment Creative shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or related to your use of our services.
Our total cumulative liability for any claim arising out of or relating to these Terms or our services shall not exceed the total amount you paid to us for the specific services giving rise to the claim.
9. Indemnification
You agree to indemnify and hold harmless Ellment Creative from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from: (a) content or materials you provide to us; (b) your violation of these Terms; or (c) your use of the deliverables in a manner that infringes any third-party rights.
10. Termination
Either party may terminate an engagement with written notice as specified in the applicable SOW. Upon termination:
- You will pay for all work performed up to the termination date
- We will deliver any completed work for which payment has been made
- Ownership of deliverables transfers only upon full payment
We may suspend or terminate your portal access immediately if you breach these Terms.
11. Confidentiality
Both parties agree to keep confidential any non-public business information shared during the engagement and to use it only for the purpose of fulfilling the project. This obligation survives the termination of our relationship.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Minnesota, without regard to its conflict of law principles. Any dispute arising out of these Terms shall be resolved in the state or federal courts located in Minnesota, and you consent to the jurisdiction of those courts.
Before initiating any formal legal action, both parties agree to attempt to resolve the dispute in good faith through direct negotiation.
13. Changes to These Terms
We may update these Terms from time to time. We will post the revised version with an updated "Last Updated" date. Material changes will be communicated to active clients. Your continued use of our services after changes take effect constitutes acceptance of the revised Terms.
14. Contact Us
Questions about these Terms may be directed to:
Ellment Creative
Henry Bendickson
9251 West 22nd Street, Minneapolis MN, 55426
Email: ellmentcreative@gmail.com
Website: ellmentcreative.com
This document was prepared for general informational purposes and does not constitute legal advice. Ellment Creative recommends having a licensed attorney review these Terms, particularly the intellectual property, limitation of liability, and indemnification provisions, before relying on them.