Terms of Service

By using this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Five Star Creative’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website or services.

The term ‘Five Star Creative” or ‘us’ or ‘we’ refers to the company and its employee(s). The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited by our terms and conditions and US and international copyright law.
  5. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  6. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  7. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of The United States of America and possibly the laws of your home country.

Contract and Terms of Use for Creative Services

  1. Billing: 50% will be due in advance and the other 50% will be due within 30 days of completion, unless otherwise noted in the customer’s contract. Late payments will be charged the maximum allowable interest by law, and the client will be responsible for any fees associated with collecting late payments. Five Star Creative may disable or suspend a website after payment is 30 days or more late.
  2. Any Services not listed on the attached invoice are not covered under contract and may incur additional charges. If the customer deems other services necessary, Five Star Creative will provide a price (if necessary) and time guideline for additional services.
  3. Five Star Creative promises to do its best to meet the deadlines, but certain circumstances may change that including the client not furnishing required materials to build the site in a timely manner, web server problems, or unforeseeable and unavoidable circumstances. If for any reason the site may take longer than expected, Five Star Creative will provide the client with a new time-line and a reason for the delay.
  4. Five Star Creative will not be held responsible for problems with the website that are out of its control, including but not limited to web server malfunctions, hacking attempts and user created errors.
  5. Any bug, issue or complaint should be communicated to Five Star Creative in writing by the Client in a timely manner and no later than ten (10) business days after completion of the works or services outlined in the Contract. Any issues communicated after this period will be treated as a change request and invoiced separately.
  6. If the client chooses a web host that is not on the Five Star Creative’ recommended host list, no guarantee will be made that the site will function properly on said web host, and therefore Five Star Creative cannot be held responsible for issues arising from the website being incompatible with the web host.
  7. Five Star Creative does not issue refunds on web design work; however, we will work with the client to ensure that the website meets or exceeds their expectations. If the client cancels the contract a $50 fee will be imposed.
  8. Websites, graphics and any other works completed by Five Star Creative remain property of Five Star Creative until the balance is paid in full for the work. Once the balance is paid in full, the client will receive an exclusive license to use the content and coding for their website.
  9. All sites include 30 days free minor updates starting when we provide the client with the initial design mockup. Five Star Creative has full discretion on what updates will be covered for free.
  10. The client guarantees to us that any elements of text, graphics, photos, designs, trademarks, or other artwork or material that you provide us for inclusion in the web site are either owned by the client, or that you have permission to use them. Five Star Creative will not be held responsible for illegal use of the website. It is the client’s sole responsibility to make sure that their website is being used legally.
  11. Five Star Creative cannot be held responsible for any damages related to the use of our services, including but not limited to loss of profits or the timing of website completion. The Client will defend,  release, indemnify and hold harmless Five Star Creative from and against any and all claims, suits, losses, liabilities, obligations, demands, damages and expenses, including, without limitation, attorney fees and costs, which directly or indirectly arise in connection with any services and deliverables provided.
  12. Neither party will be in default by reason of any failure in performance of the contract if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, US or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, and/or freight embargoes.