Terms of Service | The Creative Technician

1. Introduction & Acceptance

Welcome to The Creative Technician. These Terms of Service ("Terms") govern your use of our website (thecreativetechnician.online) and services ("Services"). By accessing our website, booking services, or engaging with us, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, please do not use our services.

2. Services Offered

We provide the following services:

2.1 Websites

Description: Mobile-first websites for small businesses, professionals and personal brands
Starting Price: J$75,000 one-time
Typical Delivery: 2–3 weeks
Included Scope: One design direction, up to 5 standard pages, a contact form, WhatsApp links and basic SEO
Revisions and Handover: 2 consolidated revision rounds and a 45-minute handover
Defect Fixes: 14 days after delivery
Client-Supplied Materials: Copy and branding
Extra Costs: Domain, hosting, email, paid plugins and ongoing maintenance. E-commerce, booking systems and custom integrations are quoted separately.

2.2 Automation & AI

Description: A workflow connecting your existing tools and reducing repetitive administration
Starting Price: J$60,000 per workflow
Typical Delivery: 1–3 weeks per workflow
Included Scope: One workflow connecting 2 existing apps through standard integrations, with 1 trigger and up to 5 actions
Testing and Handover: Testing, basic failure alerts, an operating guide, 1 refinement and a 45-minute handover
Defect Fixes: 14 days after delivery
Extra Costs: Software subscriptions and API usage. Complex branching, two-way sync, data migration, custom AI agents and ongoing monitoring are quoted separately.

2.3 Team AI Workshops

Description: Hands-on AI training tailored to your team's tasks
Starting Price: J$175,000 per live online half-day session
Included Scope: 4 hours including breaks, for up to 10 participants
Preparation and Follow-Up: A 45-minute planning call, preparation for up to 2 team use cases, materials and a 45-minute follow-up within 30 days
Separate Quotes: On-site delivery, travel, venue, catering, larger groups, additional use cases and full-day sessions

2.4 IT Support Retainer

Description: Remote IT support for offices, schools and small teams
Starting Price: J$25,000 per month
Included Scope: Up to 5 users and 5 computers; 4 remote support hours per month including a monthly check-in and report
Unused Hours: Do not roll over to the next month
Additional Time: J$7,500 per hour, billed in 30-minute increments, only after your approval
Support Arrangements: Support hours and response arrangements are confirmed in your written quote
Separate Quotes: Hardware, licences, on-site visits, migrations, server administration, incident response and after-hours work
Format: Monthly, cancel anytime

All prices are starting prices in Jamaican dollars. Your written quote confirms deliverables, schedule, third-party costs and any applicable tax.

3. Service Agreement & Booking

3.1 Booking Process

You request a service via our website, email, WhatsApp, or an available booking link
We schedule a consultation to understand your needs and scope
We provide a proposal detailing deliverables, timeline, and cost
Upon your acceptance and payment, work begins

3.2 Scope Confirmation

Service scope must be confirmed in writing before work begins
Changes to scope may result in additional fees
"No fluff" guarantee: We deliver only what's agreed upon

3.3 Communication & Availability

We communicate primarily via email, WhatsApp, and video calls
Response time: Within one business day for inquiries
Project updates: Regular status updates throughout delivery
You're responsible for providing timely feedback and necessary information

4. Fees & Payment Terms

4.1 Pricing

Starting prices are quoted for typical projects
Final pricing depends on scope complexity and specific requirements
Service prices are in Jamaican dollars (JMD) unless otherwise specified in your quote
Any displayed USD equivalents are approximate; the written quote confirms the payment currency

4.2 Payment Terms

One-time projects: 50% deposit before work begins (to secure the timeline), with 50% due upon final delivery
Monthly retainers: The billing schedule is confirmed in your written quote
Payment Methods: Available methods are confirmed in your project quote or invoice before payment

4.3 Late Payment

Invoice due within 7 days of service completion
Late payments may incur 1.5% monthly interest
We reserve the right to pause services for unpaid invoices

4.4 Refund Policy

Cancellation after work begins: You pay for work already completed, and we refund the unused portion of fees paid.
Cancellation before work begins: Your deposit is refunded less a J$5,000 administrative deduction, capped at the deposit paid. You will not owe an additional amount if the deposit is less than J$5,000.
Disputes are handled on a case-by-case basis

5. Timeline & Delivery

5.1 Delivery Windows

Delivery dates are confirmed in your written proposal; typical timelines for each service are listed above
"Ready on time" commitment: We prioritize meeting agreed-upon deadlines
Extensions: May be required for scope creep or your delayed feedback

5.2 Deliverables

Deliverables are specified in your project proposal
Standard formats: Files, documentation, access credentials, training materials
Delivery method: Email, cloud storage (Google Drive, Dropbox), or direct access

5.3 Revisions

Included revisions/refinements: The website package includes 2 consolidated revision rounds; the automation package includes 1 refinement. Workshop and support adjustments are confirmed in your written quote.
Additional revisions: Work beyond the included scope requires an agreed written quote before proceeding
Revision deadline: Changes must be requested within 7 days of delivery

6. Your Responsibilities

As a client, you agree to:

Provide accurate information: About your business, target audience, and project needs
Communicate promptly: Respond to requests, feedback questions, and approvals within 48 hours
Make timely decisions: Approve designs, copies, and direction so we can stay on schedule
Provide necessary assets: Logos, images, content, and other materials you want included
Grant permissions: Ensure you have rights to any images, copy, or content you provide
Test & verify: Test delivered work and report issues within the revision window
Pay on time: Per the payment terms above

Failure to meet these responsibilities may delay your project.

7. Intellectual Property Rights

7.1 Your Content

Ownership: You retain ownership of content and materials you provide
License: You grant us a license to use your materials for project delivery. Portfolio use requires your permission.
Portfolio Use: With your permission, we may showcase completed work in our portfolio and case studies

7.2 Our Work Product

Ownership: Upon full payment, you own the final deliverables (website, automation, systems)
License: We retain the right to use code, concepts, and templates in future client work
Attribution: We appreciate but do not require attribution or testimonials

7.3 Pre-Existing Materials

Templates & Tools: You may not resell or redistribute pre-built templates, scripts, or frameworks we use
Custom code: Custom code created for your project belongs to you upon payment

7.4 Third-Party Services

Services like Calendly, Google Workspace, n8n, and others are governed by their own terms
We do not own or control third-party platforms

8. Limitations & Disclaimers

8.1 No Guarantees

Results: We cannot guarantee specific business results, traffic increases, or revenue generation
Performance: Website performance depends on hosting, traffic, and other factors beyond our control
Defect fixes: Website and automation packages include a 14-day defect-fix period after delivery. Ongoing support and new work are quoted separately.

8.2 "As-Is" Delivery

Deliverables are provided in working condition as of delivery date
We are not responsible for issues caused by:
- Third-party plugin/tool updates
- Hosting provider changes
- Your modifications after delivery
- Misuse of the delivered systems

8.3 Limitation of Liability

Our total liability is limited to the amount you paid for the service
We are not liable for indirect, consequential, or punitive damages
We are not liable for data loss, security breaches (unless caused by our negligence), or business interruption

9. Confidentiality & NDA

9.1 Your Information

We keep your business information, strategy, and goals confidential
Service providers process enquiries and service information as described in our Privacy Policy
See our Privacy Policy for data handling details

9.2 Our Information

You agree not to disclose our proprietary methods, pricing, or client list to competitors
Violation may result in legal action

9.3 Testimonials & Case Studies

We ask for your permission before featuring your name, company or project in our portfolio, case studies or testimonials.
You may request removal from our portfolio at any time

10. Limitation of Service

10.1 We Do Not Provide

Legal advice (consult a lawyer for legal matters)
Accounting/bookkeeping (consult a CPA for tax matters)
Guaranteed SEO rankings or Google Ads results
24/7 emergency support under the starting packages; support hours and response arrangements are confirmed in your written quote

10.2 Project Scope Exclusions

Services outside the agreed-upon scope are billed separately
Revisions beyond the package allowance require an agreed written quote
Scope creep will be addressed in writing before proceeding

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or website notice. Continued use of our services constitutes acceptance of updated Terms.

12. Limitation Period

Any claims related to our services must be filed within one (1) year of the alleged issue. Claims filed after this deadline are waived.

13. Termination & Cancellation

13.1 By You (Client)

You may cancel before work begins. Your deposit is refunded less a J$5,000 administrative deduction, capped at the deposit paid; no additional amount is owed if the deposit is less than J$5,000.
You may cancel after work begins. You pay for work already completed, and we refund the unused portion of fees paid.
Post-delivery cancellations are non-refundable

13.2 By Us

We may cancel if payment is severely overdue (15+ days)
We may cancel if you violate these Terms or provide false information
We will provide written notice and opportunity to remedy

13.3 Upon Termination

You receive all work-in-progress deliverables
Intellectual property transfers upon full payment
Both parties release claims against each other (except payment disputes)

14. Dispute Resolution

14.1 Informal Resolution

Disputes first attempt resolution through discussion and negotiation
Email willardwells@gmail.com with dispute details
Response provided within 10 business days

14.2 Mediation

If unresolved, disputes may go to informal mediation
Costs split between parties

14.3 Jurisdiction

Jurisdiction: Jamaica
Governing Law: Laws of Jamaica
Venue: Courts of Jamaica (if litigation is necessary)

14.4 Arbitration Option

Either party may elect binding arbitration instead of court litigation
Arbitration is typically faster and more cost-effective

15. Warranty Disclaimer

15.1 Disclaimer of Warranties

We provide services on an "AS-IS" basis. We make NO WARRANTIES, EXPRESS OR IMPLIED, regarding:

Fitness for a particular purpose
Merchantability
Non-infringement
Performance
Uptime or availability

15.2 Third-Party Services

We use third-party services (Calendly, Google Analytics, etc.). We are not responsible for their downtime, data loss, or service changes.

16. Insurance & Liability

We are not insured for client claims. Our liability is limited to the amount paid for services. For large-budget projects requiring insurance, discuss this during consultation.

17. General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between us regarding services. Any prior discussions or agreements are superseded by this document.

17.2 Severability

If any provision is found invalid, the remaining Terms remain in effect.

17.3 Assignment

You may not transfer your rights or obligations under these Terms without written consent. We may assign to a business successor.

17.4 Notices

Legal notices should be sent to: willardwells@gmail.com

17.5 No Waiver

Our failure to enforce a right does not waive that right or any other right.

18. Contact Information

For service inquiries, disputes, or questions about these Terms:

Email: willardwells@gmail.com
WhatsApp: +1 876 861 7153
Website: https://thecreativetechnician.online

19. Acceptance

By booking a service or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Effective Date: April 5, 2026