Terms

Agreement Overview

This Terms of Use ("Agreement") forms a legally binding contract between Houseboat Creative, LLC, a Limited Liability Company under North Carolina law ("Houseboat Creative"), and the Customer ("Customer"). By not agreeing to and following all terms, conditions, and obligations herein, the Customer is prohibited from using the Services and must immediately cease any use. Apart from ongoing obligations like payment for services already provided, the relationship between Houseboat Creative and the Customer will end upon the termination of this Agreement.

All plans include ongoing support and communication with Houseboat via Outlign to ensure project continuity and alignment with customer goals. Houseboat Creative reserves the right to adjust, enhance, or revise these plans at its sole discretion. Customers are encouraged to review the terms regularly to stay informed of any changes.

Service Plans

Design + Development: This plan offers fully managed projects with access to Houseboat Creative's entire services menu including web development. Brochure websites (2-3 static pages and a single web form routed to client email) or brochure websites with a content management system (CMS) are provided in this tier. All web development will be completed using Astro.js, TailwindCSS, Alpine.js, and/or Webflow. Any custom framework, development stack, and/or further web development is available in the a la carte tier and appropriate scoping and estimation. Progress updates are shared in writing and/or via Loom videos in the shared project management workspace, Outlign. Houseboat Creative commits to a response time for new service requests or communication in Outlign or email within two business days.

Design: For customers needing visual design work but no web development, the Design package is available where all deliverables are completed within Figma or an appropriate design software to fulfill the request. Progress updates are shared in writing and/or via Loom videos in the shared project management workspace, Outlign. Houseboat Creative commits to a response time for new service requests or communication in Outlign or email within two business days.

A La Carte: Houseboat Creative provides full-service creative support and a la carte design and development services. This option requires booking a call with Houseboat Creative and completing a creative brief with both designer and developer. Once the creative brief is completed, work will begin after a price is agreed upon by all parties involved and paid in full. The minimum cost for an a la carte engagement is $499 + all applicable taxes and fees up to and including all third-party expenses required to complete the creative brief (stock photography et al). The a la carte plan is limited to one (1) revision per creative brief.

All plans include ongoing support and communication with Houseboat via Outlign to ensure project continuity and alignment with customer goals. Houseboat Creative reserves the right to adjust, enhance, or revise these plans at its sole discretion. Customers are encouraged to review the terms regularly to stay informed of any changes.

Cancellation and Renewal Policy

Customers can cancel their Service Plan subscription by providing a clear written notice via email before any work is submitted for review. This advance notice is essential as resources are allocated based on anticipated project continuation. Refunds are not available once the client has reviewed the work.

After a cancellation notice is submitted, Houseboat Creative will stop providing services, and no further charges will be incurred after the current billing cycle ends. No refunds will be provided, and the billing cycle will not be renewed if the cancellation request is received after work has been reviewed.

Acceptance of Work

Houseboat Creative offers a review period of three (3) business days after delivering design work for the Customer to evaluate and provide feedback. Feedback is crucial for meeting the Customer's expectations.

If no feedback or revision requests are received within three (3) business days post-delivery, the work will be considered accepted, and Houseboat Creative will proceed with the next task. This acceptance does not prevent the Customer from providing additional feedback or requesting iterations later. Houseboat Creative will accommodate further refinements, but this will not delay the project timeline or the subscription billing cycle.

Customers are encouraged to provide timely feedback to maintain project momentum. Houseboat Creative is dedicated to realizing the Customer's vision through iterative processes without disrupting the project's pace.

Intellectual Property Rights

Ownership of all works created specifically for the Customer during a billing cycle transfers to the Customer immediately upon the first review of that cycle's service. This includes brand assets, website designs, and customized graphics.

Houseboat Creative retains all rights to its foundational and underlying content, including software, design frameworks, trademarks, logos, and pre-existing text, graphics, and media. The works produced for the Customer during the paid service period are the Customer's property from the start of service delivery for that billing cycle and are protected by copyright laws.

Ownership of Materials

While Houseboat Creative retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work, including all design and original source files created specifically for the Customer’s project. This transfer of ownership applies only to the final, custom-created works and not to Houseboat Creative’s underlying tools, methods, or pre-existing materials.

Fonts

If any project incorporates fonts requiring a commercial license, Houseboat Creative will inform the Customer in writing. The Customer must either a) reimburse Houseboat Creative for the purchase of the appropriate licenses or b) purchase the appropriate licenses themselves for the third-party fonts. Customer assumes all responsibility for the consequences of failing to purchase the required licenses and shall not hold Houseboat Creative liable in any way.

Customer Representations

By using the Services, the Customer represents and warrants that they have the legal capacity to comply with these Terms of Use, are not a minor, will not access the Services through automated or non-human means, will not use the Services for any illegal or unauthorized purpose, and their use of the Services will not violate any applicable laws or regulations.

Prohibited Activities

Customers must use the services provided by Houseboat Creative solely for lawful purposes and in accordance with the intended use. Customers are prohibited from reselling, redistributing, or exploiting the services or content created for unauthorized commercial purposes, infringing on intellectual property rights, or engaging in illegal, fraudulent, or rights-violating activities.

Feedback

Customers must communicate any questions, comments, suggestions, or other feedback through designated platforms, specifically Outlign or email. All feedback must be documented to be considered valid and actionable. Houseboat Creative retains ownership of all feedback and is not obligated to keep it confidential. Houseboat Creative is not liable for any oversight or failure to act on feedback not shared through these channels.

Oversight

Houseboat Creative reserves the right to monitor the Services for violations of these Terms of Use and to take appropriate legal action against violations. Houseboat Creative also reserves the right to restrict or deny access to the Services or disable the Customer’s use of the Services without notice or liability.

Modifications to Terms of Use

Houseboat Creative reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion and to modify or discontinue all or part of the Services without notice or liability to the Customer.

Interruptions

Houseboat Creative is not liable for any loss, damage, or inconvenience caused by service interruptions due to factors beyond its control. We are committed to minimizing disruptions and will notify Customers of any significant interruptions and resume services as promptly as possible.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles.

Limitations of Liability and Indemnification

Houseboat Creative, LLC, its directors, employees, members, contractors, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, or use, incurred by the Customer or any third party, arising from the Customer’s access to or use of the Services provided.

Indemnification

Houseboat Creative will indemnify the Customer against any claims that the design work delivered infringes on third-party intellectual property rights, provided it is used according to the terms of this Agreement. The Customer agrees to indemnify Houseboat Creative against any claims arising from unauthorized use or modifications of the design work.

The indemnified party must promptly notify the indemnifying party of any claim, give exclusive control over the defense or settlement, and provide assistance at the indemnifying party’s request and expense. Total liability under the indemnification obligations is limited to the amount paid to Houseboat Creative by the Customer in the 12 months preceding the claim.

Indemnification does not apply if the infringement arises from unauthorized combinations, modifications, or failure to use updates provided to avoid infringement.

Customer Data

The Customer is responsible for providing all necessary data and materials for Houseboat Creative to perform its services. Houseboat Creative is not liable for any loss, corruption, or compromise of such data. Customers should maintain backups of all materials provided. In case of data loss, Houseboat Creative will assist in recovery but cannot guarantee restoration.

Electronic Delivery of Materials

The Customer consents to receive electronic communications from Houseboat Creative and agrees that electronic communications satisfy legal requirements for written communication.

Showcasing Work

Houseboat Creative reserves the right to showcase design work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information.

Termination

These Terms of Use remain in effect until terminated by either party. Customers may terminate their agreement according to the cancellation policy. Houseboat Creative reserves the right to terminate the Agreement with reasonable notice, except in cases of breach by the Customer, including non-payment or violation of these Terms of Use. Houseboat Creative may also suspend or terminate access to the Services for substantial breaches.

Upon termination, all rights and obligations cease, except for those explicitly stated as surviving termination, such as payment obligations, confidentiality, and ownership of materials. Houseboat Creative will ensure a smooth transition to minimize disruption to the Customer's ongoing projects.

Contact Information

For questions or comments regarding these Terms, please contact:

Houseboat Creative