Terms of Service

By accessing this website or engaging EssToo Creative, LLC ("EssToo Creative," "we," "us," or "our") for services, you agree to the following terms.

1. Services Provided

EssToo Creative provides creative, technical, and digital services including, but not limited to:

• Website design and development
• WordPress and WooCommerce configuration
• Website hosting and ongoing support (when requested)
• Graphic design, branding, and marketing services
• Photography services
• Video production and content creation

Specific services, deliverables, timelines, pricing, and any revision limits are governed by written proposals, invoices, statements of work, or service agreements.

2. No Professional, Legal, or Compliance Advice

All services and materials provided by EssToo Creative are offered for informational and technical purposes only. EssToo Creative does not provide legal, tax, accounting, regulatory, compliance, or financial advice. Clients are responsible for consulting qualified professionals regarding such matters.

3. Website & E-Commerce Disclaimer

EssToo Creative does not guarantee:

• Website uptime or uninterrupted availability
• Sales performance, revenue, conversions, or marketing outcomes
• Search engine rankings or SEO outcomes
• Payment processing approval or transaction success
• Tax accuracy, shipping accuracy, or regulatory compliance
• Protection against cyberattacks, data breaches, or malware

For e-commerce websites, responsibility for products, pricing, taxes, shipping, refunds, customer data, and compliance rests solely with the site owner.

4. Third-Party Platforms & Services

Websites and services may rely on third-party platforms including WordPress, WooCommerce, hosting providers, payment gateways, plugins, themes, APIs, social platforms, advertising platforms, and integrations. These services are governed by their own terms.

EssToo Creative is not responsible for outages, feature changes, security incidents, pricing changes, policy enforcement, or discontinued services caused by third-party providers.

5. Hosting & Support Services

When hosting or support services are provided, they are delivered on a best-effort basis and are non-refundable once billed.

Backups, updates, monitoring, and security measures depend on third-party platforms and are not guaranteed to prevent downtime or data loss.

6. Post-Launch Support Boundary

Immediately following website or WooCommerce launch, any updates, troubleshooting, changes, training, or support requests are not included unless separately scoped and billed. Post-launch work is billed at the applicable hourly rate in effect at the time services are rendered.

7. Client Responsibilities

Clients are responsible for:

• Content accuracy and approvals
• Legal policies (privacy, terms, refunds, accessibility, etc.)
• Tax, payment gateway, and compliance configurations
• Maintaining secure credentials and internal user access controls
• Providing timely feedback, approvals, and required materials

EssToo Creative is not responsible for issues caused by client actions, omissions, inaccurate information, or delays in approvals/content delivery.

8. Intellectual Property

All creative work, designs, code, configurations, drafts, concepts, and materials remain the property of EssToo Creative until paid in full. Upon payment, clients receive a non-exclusive, perpetual license to use final deliverables for their intended purpose.

Unless explicitly agreed in writing, editable source files, project files, and working files (e.g., PSD/AI/INDD, layered files, timelines, RAW media, or development repositories) are not included in standard delivery.

9. Payment & Billing

Payment terms are governed by invoices issued by EssToo Creative.

Unless otherwise specified in a proposal or invoice, project-based work requires a deposit of fifty percent (50%) of the total project fee before work begins, with the remaining balance due upon completion and before delivery of final files. Deposits reserve EssToo Creative's time and are non-refundable once a project is booked, including if the Client cancels, postpones, or fails to provide materials, access, or approvals needed to proceed. EssToo Creative may, at its discretion, apply a paid deposit toward a rescheduled project of similar scope.

Discounted or courtesy rates are offered at the sole discretion of EssToo Creative, apply only as stated in writing, and are subject to change.

Past-due balances may be subject to a late charge or interest at the lesser of 1.25% per month or the maximum permitted by law, plus reasonable collection costs, as permitted by law.

10. Limitation of Liability

To the fullest extent permitted by law, EssToo Creative's total liability is limited to the amount paid for the applicable services during the relevant billing period. EssToo Creative is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages (including lost profits or business interruption).

11. Indemnification

Clients agree to indemnify and hold harmless EssToo Creative from any claims, damages, liabilities, losses, or expenses arising from client content, client business practices, e-commerce transactions, legal violations, or third-party services/platforms used in connection with the services.

12. Confidentiality & Sensitive Information (Corporate/Defense-Friendly)

If EssToo Creative receives non-public client information marked or reasonably understood to be confidential, EssToo Creative will use reasonable care to protect it and will not disclose it except as necessary to perform services or as required by law.

Clients are responsible for defining and providing any special handling requirements (e.g., controlled unclassified information (CUI), ITAR/EAR export-controlled data, classified information, or government-furnished information). EssToo Creative does not accept or store classified information.

13. Government/Regulated Contracting Note (If Applicable)

Unless explicitly agreed in a signed writing, EssToo Creative does not accept flow-down terms, security annexes, FAR/DFARS clauses, SLAs, or other government/prime contractor requirements beyond these Terms and the applicable statement of work/invoice.

14. Changes to These Terms

EssToo Creative may update these terms at any time. Continued use of services constitutes acceptance of the revised terms.

15. Video Production & Media Archiving Terms

When EssToo Creative provides video production services, the following additional terms apply:

Scope & Deliverables

Project scope, deliverables, timelines, formats, and revision limits are defined in the applicable proposal or invoice. Any work outside the approved scope will be billed separately at the applicable hourly or project rate.

Revisions

Unless otherwise specified in writing, video projects include up to two (2) reasonable revision rounds. Additional revisions, creative direction changes, or scope expansions are billed at the applicable hourly rate.

Intellectual Property & Raw Footage

All raw footage, project files, editing timelines, graphics, and source assets remain the property of EssToo Creative unless otherwise agreed in writing.

Upon full payment, the client receives a non-exclusive, perpetual license to use the final delivered video for its intended purpose.

Raw footage or project files are not included in standard delivery unless specifically contracted.

Music & Third-Party Assets

Music, stock footage, fonts, graphics, and other third-party assets are licensed under their respective terms. The client agrees to comply with all licensing restrictions. EssToo Creative is not responsible for misuse beyond licensed terms.

Talent & Location Releases

The client is responsible for securing any necessary location permissions or participant releases unless otherwise agreed in writing.

Schedule & Delays

Project timelines depend on timely approvals and cooperation from the client. Delays caused by the client may impact delivery schedules and do not constitute grounds for fee reduction or refund.

EssToo Creative is not liable for delays caused by weather, venue restrictions, equipment failure, acts of God, government restrictions, or circumstances beyond reasonable control.

Drone Operations

When aerial footage is provided, operations are conducted in accordance with applicable FAA regulations. EssToo Creative is not responsible for flight restrictions, weather limitations, denied airspace authorizations, or location access limitations that prevent aerial capture.

Media Archiving & Storage

EssToo Creative does not guarantee long-term storage of raw footage, project files, or final deliverables unless explicitly agreed in writing.

• Project materials may be archived for a limited period at EssToo Creative's discretion.
• EssToo Creative may delete project materials after 90 days from final delivery.
• Clients are responsible for downloading and backing up final deliverables upon receipt.

EssToo Creative is not liable for data loss, corruption, hardware failure, or archival deletion after project completion. Retrieval requests may be subject to fees, if files remain available.

Limitation of Liability (Video Services)

EssToo Creative's liability for video production services is limited to the amount paid for the specific project. EssToo Creative is not liable for indirect, incidental, or consequential damages.

16. Design, Photography & Marketing Services

When EssToo Creative provides design, branding, photography, or marketing services, the following additional terms apply:

Scope of Work

Project scope, deliverables, revision limits, and timelines are defined in the applicable proposal or invoice. Work outside the approved scope will be billed separately at the applicable hourly or project rate.

Revisions

Unless otherwise specified in writing, design projects include up to two (2) reasonable revision rounds. Additional revisions or scope expansions are billed at the applicable hourly rate.

Intellectual Property & Usage Rights

All concepts, drafts, working files, layered design files, and source assets remain the property of EssToo Creative unless otherwise agreed in writing.

Upon full payment, the client receives a non-exclusive license to use the final approved deliverables for their intended purpose.

Editable source files (such as PSD, AI, INDD, or layered project files) are not included unless specifically contracted.

Photography Services

EssToo Creative retains copyright ownership of all images. Clients receive a non-exclusive usage license upon full payment. RAW images are not included unless otherwise agreed in writing. Final image selection and editing style are at the discretion of EssToo Creative.

The client is responsible for securing any required location permissions or participant releases unless otherwise agreed in writing.

Print & Production Disclaimer

EssToo Creative is not responsible for print errors, production defects, color shifts, or material inconsistencies caused by third-party printers or vendors. Clients are responsible for reviewing and approving proofs prior to production.

Marketing & Performance Disclaimer

Marketing, advertising, and promotional services are provided on a best-effort basis. EssToo Creative does not guarantee specific performance outcomes, sales results, engagement levels, or advertising platform approvals.

Third-Party Advertising Platforms

EssToo Creative is not responsible for ad account suspensions, platform restrictions, algorithm changes, or policy enforcement by third-party advertising platforms.

Limitation of Liability (Design/Photography/Marketing)

EssToo Creative's liability for these services is limited to the amount paid for the specific project. EssToo Creative is not liable for indirect or consequential damages, including campaign underperformance or business interruption.

17. Force Majeure

EssToo Creative is not liable for any failure or delay in performance to the extent caused by circumstances beyond reasonable control, including acts of God, natural disasters, severe weather, fire, flood, war, terrorism, labor disputes, civil disturbances, government actions or restrictions, supply chain disruptions, power or internet outages, platform/provider outages, or public health emergencies.

In such events, performance timelines may be extended for the duration of the force majeure event, and EssToo Creative may suspend services as reasonably necessary. If the force majeure event continues for an extended period, either party may request a good-faith discussion to modify scope, timelines, or terminate affected services.

18. Acceptance of Terms

By accessing this website, engaging EssToo Creative for services, executing a proposal, paying an invoice, or continuing to use services provided by EssToo Creative, the client acknowledges and agrees to be bound by these Terms.

If the client does not agree to these Terms, the client must not engage EssToo Creative for services.

19. Dispute Resolution & Governing Venue

These Terms and any dispute arising from services provided by EssToo Creative shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

The parties agree to attempt in good faith to resolve any dispute through informal discussion prior to initiating formal proceedings.

If a dispute cannot be resolved informally, the parties agree that any claim arising out of or relating to these Terms or the services provided shall be resolved by binding arbitration administered by the American Arbitration Association under its rules, conducted in the State of Florida. By engaging EssToo Creative for services, executing a proposal, or paying an invoice, the Client agrees to resolve disputes through this binding arbitration process. Judgment on the arbitration award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, either party may bring an individual claim in small claims court where the claim qualifies, and EssToo Creative may seek injunctive or other equitable relief in a state or federal court located in Florida to protect its intellectual property or confidential information.

Each party shall bear its own attorneys' fees and costs unless otherwise awarded by the arbitrator as permitted by law. This arbitration provision is governed by the Federal Arbitration Act.

20. Contact

EssToo Creative, LLC
Brandon, Florida
[email protected]
https://www.esstoocreative.com