You indicate acceptance of these terms and conditions of service by placing an order with CREATIVE SELLUTIONS II, Inc
CREATIVE SELLUTIONS II, INC. is "the company", "we", "us", "our". A party contracting with the company is "the client", "you", "yours".
These terms and conditions will not be varied for individual customers.
CREATIVE SELLUTIONS II, INC. "Graphic Design"
A) QUOTES
The company shall be contracted by the client on the terms set out in our proposal/estimate/quotation. After initial consultation we will provide you with a written estimate based on the criteria given to us by you. If you wish us to proceed you will return a signed copy of the proposal with a 50% deposit payable by cash, check or credit card. Once payment is received we will begin working on the project.
B) PROOFS
We will supply you with the number of samples as agreed in your written proposal. Any samples above this figure will be charged for separately. Once we have submitted a proof to you, any alterations, including style, format and layout will be charged for separately. Once the proof has been approved by you in writing we will not accept any responsibility for errors or omissions.
C) PAYMENT
An initial non-refundable deposit of 50% is payable upon commencement of any project. Once final proof has been signed-off, full and complete payment is required before release of the artwork. Payments can be made by cash, check or credit card. All quoted prices exclude TAX. which will be paid by the customer.
D) COPYRIGHT
The client will unconditionally guarantee that any subject matter, text, photos, graphics, designs artwork or trademarks are owned by the client, or that the client has permission from the rightful owner to use these elements. The client also agrees to indemnify and hold harmless the company from all liabilities, damages or costs from any claim arising from the use of such elements.
E) CANCELLATION
Any cancellation will require our approval. Any deposit paid up to the cancellation is non-refundable. We reserve the right to charge for work carried out up to the notified cancellation date. If you wish to cancel after the final proof is signed-off, full and complete balance becomes payable.
F) FORCE MAJEURE
We will not be liable for any failure of performance due to an act of God, war, strike, lockout, industrial action, fire, flood, storm or any other event beyond the control of the company.
G) EXPENSES
Any extra expenses incurred by The Consultant will be billed to The Client, such as stock photography, on screen talent, set design and fabrication or any other expense required by the Client. The Consultant will notify and request approval from The Client prior to incurring in such expenses.
H) RESERVATION OF RIGHTS
All rights not expressly granted in this agreement are reserved to The Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
I) PERMISSIONS AND RELEASES
The Client agrees to indemnify and hold harmless The Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release. Each person shown or used as talent in the video, has to sign a release form and grant all rights to the client.
J) PUBLICATION
The Client may publish or disclose information regarding the work and shall acknowledge the support of The Consultant in all such publications. The Client will not use the name of The Consultant, in any advertising or publicity without the prior written approval from The Consultant. The Consultant will not use the name of The Client, in any advertising or publicity for any other third party without the prior written approval from the Client. The Consultant has the right to showcase the work done for The Client as his portfolio on The Consultant’s own promotional material.
K) ASSIGNMENT OF WORK
The Consultant reserves the right to assign other designers or subcontractors to perform the work to ensure quality and on-time completion.
L) GOVERNING LAW AND JURISDICTION
This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida, Palm Beach County, without giving effect to the choice of law principles thereof.
M) DISPUTE RESOLUTION
In the event of a dispute relating to this Agreement and the services addressed herein, the parties mutually agree to submit the dispute to mandatory binding arbitration conducted in Palm Beach County, Florida, in accordance with the procedures of the Florida Arbitration Code. The decision of the arbitrator(s) shall be final and binding on the parties. A court of competent jurisdiction may enter judgment on any arbitration award. The prevailing party shall also be entitled to reasonable attorney’s fees and other costs as a result of the action.

CREATIVE SELLUTIONS II, INC. "Websites and Web Hosting"

1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether register able or not in any country;
1.1.3 "CREATIVE SELLUTIONS II, INC." means CREATIVE SELLUTIONS II, Inc., a Florida Corporation.
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by CREATIVE SELLUTIONS II, INC. in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by CREATIVE SELLUTIONS II, INC..
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer program that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "Trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at our URL.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2 INTRODUCTION
2.1 The Customer wishes to provide CREATIVE SELLUTIONS II, INC. with data that will be hosted on CREATIVE SELLUTIONS II, INC.'s servers and made accessible via the Internet.
2.2 CREATIVE SELLUTIONS II, INC. provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.

3 DUTIES
3.1 CREATIVE SELLUTIONS II, INC. shall provide to the Customer the Products and Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to CREATIVE SELLUTIONS II, INC. the available graphics, artwork, and the software used by the company which is owned by the Customer, or licensed to him by a third party or CREATIVE SELLUTIONS II, INC. ("the Customer Software), in a format specified by CREATIVE SELLUTIONS II, INC..

4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro), PayPal, Google Checkout and direct debits.
4.2 CREATIVE SELLUTIONS II, INC. does not accept postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of TAX, which if applicable and payable shall be paid by the Customer.
4.4 CREATIVE SELLUTIONS II, INC. shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 18% per annum or the maximum that is allowable under U.S. law.
4.5 CREATIVE SELLUTIONS II, INC. does not provide credit facilities.
4.6 From time to time CREATIVE SELLUTIONS II, INC. may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 CREATIVE SELLUTIONS II, INC. may provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please contact us within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered, and any printing completed prior to contact. Customers are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.9 Should your chosen payment method fail CREATIVE SELLUTIONS II, INC. will attempt to settle your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. CREATIVE SELLUTIONS II, INC. emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
4.11 When taking our special offer / deal package 2 years hosting fee will be charged at the start of the contract with a reduction amount equal to 6 months applied. This hosting fee shall be non-refundable.

5 IP ADDRESSES
5.1 CREATIVE SELLUTIONS II, INC. shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where CREATIVE SELLUTIONS II, INC. changes or removes any IP address it shall use its reasonable endeavors to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to CREATIVE SELLUTIONS II, INC. ("CREATIVE SELLUTIONS II, INC.'s software") in order to use the Services, CREATIVE SELLUTIONS II, INC. grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive license to use CREATIVE SELLUTIONS II, INC. Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in CREATIVE SELLUTIONS II, INC. Software.
6.2 In relation to CREATIVE SELLUTIONS II, INC.'s obligations under this Agreement in connection with the provision of the Services, the Customer grants to CREATIVE SELLUTIONS II, INC. a royalty-free, world-wide, non-exclusive license to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to CREATIVE SELLUTIONS II, INC. any right, title, interest or intellectual property rights in the Customer Software, graphics, design or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense CREATIVE SELLUTIONS II, INC. Software.
6.4 CREATIVE SELLUTIONS II, INC. may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including backup copies of the Content. Upon termination or expiration of this Agreement, CREATIVE SELLUTIONS II, INC. shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

7 SERVICE LEVELS AND DATA BACKUP
7.1 CREATIVE SELLUTIONS II, INC. shall use its reasonable endeavors to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, CREATIVE SELLUTIONS II, INC. makes no warranties or representations that the Service will be uninterrupted or error-free and CREATIVE SELLUTIONS II, INC. shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 CREATIVE SELLUTIONS II, INC. carries out data backups for use by CREATIVE SELLUTIONS II, INC. in the event of systems failure. CREATIVE SELLUTIONS II, INC. does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly CREATIVE SELLUTIONS II, INC. accepts no responsibility for data loss or corruption.

8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, Trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of CREATIVE SELLUTIONS II, INC.'s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, CREATIVE SELLUTIONS II, INC. is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 CREATIVE SELLUTIONS II, INC. shall be entitled to withdraw the Services and terminate the Customer's account without notice.

9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account.
The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorized person, the Customer agrees to immediately inform CREATIVE SELLUTIONS II, INC. and the password will be changed.

10 WARRANTIES
10.1 The Customer warrants and represents to CREATIVE SELLUTIONS II, INC. that CREATIVE SELLUTIONS II, INC.'s use of the Content or the Customer Software in accordance with his Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to CREATIVE SELLUTIONS II, INC. as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, CREATIVE SELLUTIONS II, INC. shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11 INDEMNITY
The Customer agrees to indemnify and hold CREATIVE SELLUTIONS II, INC. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against CREATIVE SELLUTIONS II, INC. arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit CREATIVE SELLUTIONS II, INC.'s liability for death or personal injury resulting from CREATIVE SELLUTIONS II, INC.'s negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of CREATIVE SELLUTIONS II, INC. to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall CREATIVE SELLUTIONS II, INC. be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
This shall apply even where such a loss was reasonably foreseeable or CREATIVE SELLUTIONS II, INC. had been made aware of the possibility of the Customer incurring such a loss.

13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 CREATIVE SELLUTIONS II, INC. shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers’ account will be deleted.

14 ASSIGNMENT
14.1 CREATIVE SELLUTIONS II, INC. may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without CREATIVE SELLUTIONS II, INC.'s prior written consent.

15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

19 GOVERNING LAW AND JURISDICTION
This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida, Palm Beach County, without giving effect to the choice of law principles thereof.

20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it CREATIVE SELLUTIONS II, INC. will provide a full refund for that domain name.

21 SCRIPTING
CREATIVE SELLUTIONS II, INC. are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

22 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

25 EMAIL NEWSLETTER
CREATIVE SELLUTIONS II, INC. communicates with its customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

26 WEBSPACE USAGE
Web space is available for genuine web site content, said content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository.
Customers are expected to employ good housekeeping when maintaining their account.

28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.