1. Acceptance of Terms
These General Terms and Conditions govern the contractual relationship between Hearttale Creative and any individual or legal entity contracting its services, hereinafter referred to as the Client. The execution of any payment in favor of Hearttale Creative constitutes full, express, unconditional, and irrevocable acceptance of these Terms and Conditions in their entirety. Such acceptance shall be deemed effective from the moment payment is made, without the need for any additional written or electronic signature. The Client expressly acknowledges having read, understood, and agreed to all provisions contained herein.
2. Scope of Services
Hearttale Creative provides professional services including, but not limited to, website development, brand identity and logo design, communication and marketing strategy, graphic design, application design and development, and related services. The specific scope of each project shall be defined in writing prior to commencement and shall form an integral part of the contractual agreement between the parties.
3. Fees, Currency, and Payment Terms
All prices are established in United States Dollars or in their equivalent conversion to the Client’s local currency, calculated using the exchange rate in effect on the date the payment is made. Unless expressly agreed otherwise in writing, all services must be paid one hundred percent in advance. Hearttale Creative shall not commence any work until the agreed initial payment has been received in full and shall not deliver any files, materials, credentials, access, or final outputs until the total agreed amount has been fully paid.
4. Commencement of Work and Client Obligations
The effective start of any development is expressly conditioned upon the Client’s delivery of all necessary content, materials, information, and approvals required for execution. Hearttale Creative shall not be responsible for delays, suspensions, or failure to complete a project resulting from the Client’s failure to provide such materials in a timely manner. In such cases, all timelines shall be automatically suspended without constituting any breach on the part of Hearttale Creative.
5. Development Timelines
The Client expressly acknowledges and accepts that Hearttale Creative does not offer fixed or guaranteed delivery timelines. Each project is subject to multiple variables including technical complexity, creative scope, review cycles, third party dependencies, and the Client’s responsiveness. Any timelines communicated are estimates only and shall not be construed as binding deadlines.
6. Inactivity and Automatic Cancellation
If a period of six consecutive months elapses from the date of the initial payment and the Client has neither delivered the required materials nor maintained active and effective communication necessary to initiate development, the project shall be deemed automatically canceled by operation of law, without the need for further notice. In such case, the Client expressly waives any right to claim a refund, whether total or partial.
7. Cancellation and Refund Policy
No refunds shall be issued under any circumstances if the Client elects to cancel the project at any stage of development. Hearttale Creative reserves the right to unilaterally terminate the contractual relationship if it determines, at its sole discretion, that the relationship has become unsustainable, conflictive, abusive, or incompatible with its professional methodology. In such cases, Hearttale Creative may, at its exclusive discretion, issue a partial refund proportional to work not executed, without admission of liability.
8. Methodology and Revisions
Hearttale Creative operates under a proprietary, structured, and refined methodology developed over more than twenty years of professional practice. The Client acknowledges that no speculative work, mockups, drafts, or preliminary concepts are provided. All deliverables represent professional solutions developed according to Hearttale Creative’s technical and creative judgment. The Client may request reasonable revisions within the originally agreed scope. Any changes exceeding such scope may result in additional fees and timeline adjustments.
9. Technology and Platform Standards
All website developments are carried out exclusively using the WordPress platform and Hearttale Creative’s own hosting infrastructure. The Client expressly acknowledges that Hearttale Creative does not work, under any circumstances, with third party website builders such as Squarespace, Wix, or similar platforms. The selection of technologies, tools, frameworks, plugins, programming languages, and technical architecture shall be determined solely by Hearttale Creative’s technical team.
10. Domains, Ownership, and Client Responsibility
Hearttale Creative does not register, claim ownership of, or retain rights over Client domains. Upon Client request, access credentials and developed materials may be delivered. From that moment forward, Hearttale Creative shall bear no responsibility for the content, operation, security, maintenance, modifications, or use of the website or application. The Client assumes full responsibility for the legality, accuracy, and use of all published content.
11. Technical Limitations and Liability
Hearttale Creative shall not be liable for technical failures, server outages, connectivity issues, third party provider errors, cyberattacks, or any circumstances beyond its reasonable control. Where feasible, Hearttale Creative may assist in addressing technical issues, but such assistance does not constitute an ongoing obligation or service guarantee.
12. Official Communications
All official communications, approvals, agreements, and contractual modifications must be conducted exclusively through Hearttale Creative’s institutional email addresses. Communications conducted through other channels shall have no legal validity unless subsequently confirmed in writing from one of the aforementioned addresses.
13. Professional Judgment and No Guarantee of Results
The Client acknowledges that Hearttale Creative provides professional services based on expertise and judgment. No aesthetic preference, subjective expectation, or personal opinion shall constitute grounds for a claim of non performance. Hearttale Creative makes no guarantees regarding commercial outcomes, revenue, conversions, visibility, rankings, or business performance.
14. Intellectual Property and Conditional Rights Transfer
All intellectual property rights, licenses, and usage rights related to any deliverables remain exclusively with Hearttale Creative until full payment of all amounts due has been received. Any use of materials prior to full payment constitutes unauthorized use.
15. Confidentiality
The Client agrees to maintain confidentiality regarding Hearttale Creative’s methodologies, processes, workflows, internal structures, and systems. Any unauthorized disclosure or replication is strictly prohibited.
16. Reputation and Non Defamation
The Client agrees to refrain from making false, misleading, or defamatory statements that could harm the professional reputation of Hearttale Creative. Any breach may result in legal action.
17. Force Majeure
Neither party shall be liable for failure or delay in performance resulting from events beyond reasonable control, including natural disasters, governmental actions, infrastructure failures, labor disputes, or widespread service interruptions.
18. Modifications
Hearttale Creative reserves the right to modify these Terms and Conditions at any time. Updated versions shall apply to new engagements and, where applicable, to ongoing contractual relationships.