Terms of Service

1.0 General

1.1 Authorization

As our customer, you confirm that you have the authority to enter into this agreement on behalf of your company or organization.

You are engaging Hewlett Creative, LLC as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize Hewlett Creative, LLC access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

1.2 Copyright

Hewlett Creative, LLC does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts. You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion on the website are either owned by you, or that you have permission to use them.

1.3 Refusal of Service

Hewlett Creative, LLC reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

1.4 Third Party or Client Modification

If anyone other than Hewlett Creative, LLC or its subcontractors attempt to update your website and damages the design or impairs the ability of the web pages to display or function properly, time to repair the web pages will be assessed at the hourly rate currently specified in your plan or, if no Care Plan is in place, at Hewlett Creative, LLC’s current hourly rate.

1.5 Limitation of Liability; Disclaimer of Warranties

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.

Hewlett Creative, LLC does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free.

You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the web pages and website is with client.

To the extent not prohibited by law, in no event will Hewlett Creative, LLC be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if Hewlett Creative, LLC has been advised of the possibility of such damages.

Hewlett Creative, LLC does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Hewlett Creative, LLC disclaims any liability relating thereto.

You alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by you of the output of the software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third party assets including but not limited to fonts, media, and software. You shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with your website, and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.

You agree that any liability of Hewlett Creative relating to this agreement and the services performed shall be limited to the amount of fees actually received by Hewlett Creative, from you under this agreement regarding the services in question. In no event shall Hewlett Creative be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if you are told that any such damages may occur.

This Work Statement Agreement is governed by the laws of Arizona without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Hewlett Creative, LLC or relating in any way to your use of the created web pages or Internet website resides in the state courts of Pima County, Arizona or U.S. District Court of Arizona, Tucson.

1.6 Point of Contact

Hewlett Creative, LLC requires one person we can contact who has permission to answer our questions and make decisions on behalf of your company or organization. This person needs to be available to answer questions within 24 hours on weekdays (excluding government holidays and subject to reasonable exceptions).

1.7 Independent Contractors

Hewlett Creative, LLC retains the right to subcontract any portion of work included in purchased package(s) or service(s).

1.8 Dependencies

In the event that any aspect of this agreement is dependent on a separate third party or your company’s or organization’s in-house team, the quality and punctuality of the work completed may be subject to said party’s ability to meet the required timelines and/or level of quality. Hewlett Creative, LLC is not responsible for any delay or defect caused by a separate third party or your company’s or organization’s in-house teams.

1.9 Security

Although Hewlett Creative, LLC makes every effort to keep your website secure, due to the nature of rapidly advancing technology, Hewlett Creative, LLC can in no way guarantee that your website will not be subject to security breaches. Hewlett Creative, LLC recommends the use of strong passwords and the observance of standard security practices. In order to minimize the changes of security violations, systems should be updated often. Unless enrolled in an active Website Care Plan, you are solely responsible for tracking software updates.

1.9.1 Care Plan Security

If you are currently enrolled in a Care Plan, Hewlett Creative, LLC will update your website’s software and security plugins and monitor your website for potential breaches. In the event of a security breach, you will be charged at Hewlett Creative, LLC’s hourly rate for malware removal, site restoration, and any other work required to return your site to it’s secure state.

1.10 Browser Support

Unless otherwise specified in writing, Hewlett Creative will support the current version of major browsers, as well as their two previous releases. Major browsers include Chrome, Safari, Firefox, Edge, Safari for iOS, and Chrome for Android.

2.0 Website Care Plans

2.1 Pricing and Payments

All prices appearing on this site are subject to change without notice. Once a client of Hewlett Creative, LLC, you authorize Hewlett Creative, LLC to charge the payment method you submitted for all the invoices generated for the services rendered by Hewlett Creative, LLC. In order to cancel your recurring payment or change payment method, simply contact Hewlett Creative, LLC at support@hewlettcreative.com prior to your payment due date.

2.1.1 Invoices for Support Time

Any additional work completed outside of your plan’s included support time, will be billed via invoice. Invoices for hourly support time will be due within 30 days.

2.1.2 Late Payments

Any invoices that remain unpaid after 60 days will incur an additional fee, based on the table below (Table A). This fee will be added every 30 days until the invoice has been paid in full.

Invoice Total	Fee
< $1000	$20
$1,000 – $5,000	$50
> $5,000	1% of invoice total

Table A

2.2 Features and Services

All features and services provided as part of this agreement and appearing on this site are subject to change without notice.

2.3 Cancellation and Refunds

Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service. No refunds are available after your purchased package or service has been started, unless otherwise specified by Hewlett Creative, LLC.

To cancel your service, contact Hewlett Creative, LLC at support@hewlettcreative.com at least 5 business days prior to your payment due date.

Some of the Care Plans offered by Hewlett Creative, LLC include support time that can rollover (accumulate) over the course of a rolling 12 month period.

Upon cancellation of your Care Plan:

Any support tickets submitted prior to cancellation will be resolved if your account has sufficient accumulated support time to cover the tasks. If your account does not have enough accumulated support time to complete the tasks, Hewlett Creative, LLC may, at its sole discretion, choose to close the support tickets prior to completion or invoice you for the time required to complete the tasks. Payment will be due immediately.
Any support time overages will be invoiced. Payment will be due immediately and will be subject to the Late Payment policy described in Section 2.1.2
Except in the case of existing support tickets as described above, any accumulated support time expires immediately.

2.4 Ownership and License

Upon publication on your website, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you. You also own text content, photographs and other data you provided, unless someone else owns them.

Hewlett Creative, LLC will provide a copy of all final files. You should store them securely, as we are not required to keep them or provide any native source files we used to make them.

Hewlett Creative, LLC owns the markup (CSS and other code) we created, and we license it to you for use on only this Project.

Some of the code Hewlett Creative, LLC uses to maintain your website may be free software. We do not own this code, nor do you.

Hewlett Creative, LLC might also use plugins or code created by other developers. If they require a recurring renewal fee, you are responsible for paying those fees. If applicable, Hewlett Creative, LLC will provide you with a list of the recurring fees.

Hewlett Creative, LLC may maintain a “developers license” to some of these plugins. While maintaining an active Care Plan with Hewlett Creative, LLC, access to our license is included in your fee. Hewlett Creative, LLC is not required to maintain these licenses and may cancel them at any time. Upon cancellation of your Care Plan, you access to these licenses will be immediately revoked.

2.5 Response Time

Hewlett Creative, LLC works exclusively with independent contractors. The benefit of a flexible team is rapid scalability and a diverse set of services. Due to the nature of the business model, we are not set up to support on-call services. We will make every effort to reply to inquiries within 48 hours (excluding weekends/holidays) except where you have been previously notified of a period of limited availability. Hewlett Creative, LLC will respond in good faith but cannot guarantee any specific action within a given time frame.

2.6 Hosting

Hewlett Creative, LLC may provide Hosting services as a feature of your Website Care Plan. However, Hewlett Creative, LLC is NOT responsible for down time, poor performance, or loss of data caused by the hosting provider. Additionally, Hewlett Creative, LLC is not responsible for any defect or loss of compatibility caused by changes on the Host after the Acceptance of these terms, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations. Should assistance with Hosting provided by Hewlett Creative, LLC be need, you must submit a support ticket. Upon receipt of your support ticket, Hewlett Creative, LLC will respond in good faith but cannot guarantee any specific action within a given time frame.

2.7 Termination

Hewlett Creative, LLC reserves the right to, at its sole discretion, immediately terminate this agreement or suspend services if you fail to comply with these terms. Upon termination, all amounts owing become immediately due. Termination will not affect Hewlett Creative, LLC’s rights to any payments due.

3.0 Proposal-based Projects

This section, and the term “proposal-based project” refers to are work completed by Hewlett Creative, LLC and its subcontractors under the terms of a proposal submitted by Hewlett Creative, LLC and accepted by you on behalf of yourself or your company or organization.

3.1 Timely Response

You agree to provide Hewlett Creative, LLC with everything needed to complete your project, including but not limited to, text, images and other information, as and when we need it and in the format we request. You agree to review our work, provide feedback and approval in a timely manner. In addition, you agree to meet the payment schedule set out in Section 3.2 of these terms.

3.2 Payment

All payments associated with proposal-based projects are due immediately.

Unless otherwise stated in writing, the payment schedule will be as follows:

Initial payment of 30% of the total project fees is due upon acceptance of the proposal
Second payment of 35% of the total project fees is due upon approval of the Style Guide or 30 days after Kick-off (whichever comes first).
Final payment of 35% of the total project fees is due upon approval of Development, before the site is launched, or 60 days after Kick-off (whichever comes first).
All invoices are subject to the Late Payment policy described in Section 2.1.2

Hewlett Creative, LLC reserves the right to stop work on your Project if payments are not received by their due date. This is especially important at the beginning and end of your Project, as we will not begin work before we receive your deposit nor launch your site before receiving final payment.

Hewlett Creative, LLC will not be held responsible for delays in the Project due to late or non-payment.

Payments can be made using the link provided on your invoice (preferred) or via check to:

Luke Hewlett
19215 SE 34th St, Suite 106, PMB 341
Camas, WA 98603

Keep in mind that mailing your payment may delay the next stage of your Project.

3.3 Ownership and License

After receiving your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this Project. You also own text content, photographs and other data you provided, unless someone else owns them.

Hewlett Creative, LLC will provide a copy of all final files. You should store them securely, as we are not required to keep them or provide any native source files we used to make them.

Hewlett Creative, LLC owns the markup (CSS and other code), and we license it to you for use on only this Project.

Some of the code Hewlett Creative, LLC uses to build your website may be free software. We do not own this code, nor do you.

Hewlett Creative, LLC might also use code created by other developers. If they require a recurring renewal fee, you are responsible for paying those fees after the site launches. If applicable, Hewlett Creative, LLC will provide you with a list of the recurring fees.

Hewlett Creative reserves the right to display and link to your completed Project as part of our portfolio and to write about the Project on websites, in magazine articles and in books about web design.

3.4 Training

Upon completion of development of your Project, Hewlett Creative, LLC will provide training to one representative of your company or organization. We require this representative be available to receive the training during standard business hours and within 30 days of completion of development.

3.5 Response Time

3.6 Hosting

Hewlett Creative, LLC does not provide Hosting services for Proposal-based projects beyond temporary internal development environments. You are responsible for choosing, paying for, and maintaining any required Hosting solutions and associated services. As a courtesy, Hewlett Creative, LLC may offer suggestions, however, we are NOT responsible for down time, poor performance, or loss of data caused by the hosting provider. Additionally, Hewlett Creative, LLC is not responsible for any defect or loss of compatibility caused by changes on the Host after the Acceptance of these terms, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations.

3.7 Backups

During the course of design and development of Proposal-based project, Hewlett Creative, LLC maintains internal backups of active Project code and design files. This backup systems is not intended as a solution for you, rather as a code archive through the duration of development. While Hewlett Creative, LLC’s backup system is fully redundant, it is not guaranteed and does not support any content produced by you. You are solely responsible for the backup and restoration of your website’s content and any associated data.

3.8 Termination

Hewlett Creative, LLC reserves the right to, at its sole discretion, immediately terminate any proposal or suspend services if you fail to comply with these terms. Upon termination, all amounts owing become immediately due. Termination will not affect Hewlett Creative, LLC’s rights to any payments due.

3.9 Warranty

Hewlett Creative, LLC will provide patches and fixes for any defects or issues included in the scope of your Proposal reported within the grace period of no more than 30 days following the date of Project completion as defined by the date you sign off on the deliverables. All fixes outside of the Project scope or after the grace period are solely your responsibility.

Hourly Projects and Care Plans are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support agreement may be negotiated.

3.10 Credit

Hewlett Creative, LLC retains the right to use you within its roster of clients. A link to your website and images of the website may be placed on Hewlett Creative LLC’s website as part of its business portfolio.

In addition, Hewlett Creative, LLC retains the right to place a link, text, or image in the footer of your website, indicating its role in your website’s creation. This citation may be removed by requesting its removal via email at support@hewlettcreative.com.

4.0 Acceptance

By engaging the services of Hewlett Creative, LLC, you are agreeing to all of our terms of service as they are written here. Hewlett Creative, LLC reserves the right to change or update these terms at any time without prior notice. By purchasing a package(s) or service(s) from Hewlett Creative, LLC, you agree to the terms of this agreement on behalf of your organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact us with any questions regarding the Hewlett Creative, LLC terms of service by email at support@hewlettcreative.com.