Legal
Terms of Service
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Acceptance of Terms
Acceptance of Terms
By accessing this website, submitting an inquiry, purchasing services, or otherwise engaging with Pretentious Creative Solutions, you agree to be bound by these Terms of Service.
These Terms govern your use of our website, communications with our company, and any general engagement with our services unless replaced or supplemented by a separate written agreement.
2. Who We Are
Pretentious Creative Solutions is a creative and marketing company offering services that may include, but are not limited to, brand strategy, brand identity, SEO, paid advertising management, website development, consulting, creative direction, content strategy, and related marketing services.
3. Scope of These Terms
These Terms apply broadly to your interaction with our company. They are intended to set the baseline for how we operate, communicate, and work.
If you enter into a separate proposal, statement of work, service agreement, retainer agreement, or other written contract with Pretentious Creative Solutions, that agreement will control where it conflicts with these Terms.
4. No Automatic Client Relationship
Contacting us, submitting a form, requesting a quote, receiving a proposal, or discussing a potential project does not automatically create a client relationship.
A client relationship begins only when both parties agree to move forward under an accepted proposal, invoice, written agreement, or other documented approval recognized by Pretentious Creative Solutions.
5. Services and Deliverables
All services are provided based on the specific scope, timeline, and deliverables agreed upon for a project or engagement.
Unless otherwise stated in writing:
all deliverables are limited to the agreed scope
additional requests, edits, revisions, meetings, or strategy outside that scope may require additional fees
timelines are estimates and may shift based on project complexity, client responsiveness, third party delays, or changes in scope
we reserve the right to determine the method, process, and creative approach used to deliver the work
6. Client Responsibilities
To work effectively, we require timely communication, accurate information, and reasonable access to the materials needed to perform the work.
You agree to:
provide accurate and complete information
deliver requested assets, approvals, credentials, and feedback in a timely manner
ensure you have the right to use any materials you provide to us
review deliverables within a reasonable timeframe
communicate clearly regarding approvals, changes, and priorities
Delays in communication, approvals, content, or access may affect deadlines, launch timing, performance, and project flow.
7. Revisions and Change Requests
Reasonable revisions may be included only to the extent outlined in the applicable proposal or agreement.
Requests that materially change the original direction, expand the scope, require additional rounds of revisions, or add new deliverables may be treated as additional work and billed accordingly.
We reserve the right to define whether a request is a revision or a scope expansion.
8. Fees, Invoicing, and Payment
Fees for services will be communicated in advance through a proposal, invoice, retainer, quote, or other written agreement.
Unless otherwise stated in writing:
payment terms must be followed as listed on the invoice or agreement
deposits, retainers, or upfront payments may be required before work begins
recurring services may be billed on an ongoing schedule
late payments may delay work, pause deliverables, or result in suspension of services
completed work, final files, account access changes, launches, or transfer of deliverables may be withheld until outstanding balances are paid
All payments made are non refundable unless otherwise stated in writing.
9. Project Pauses and Abandonment
If a project stalls due to client delay, lack of communication, missing approvals, or missing materials, we may place the project on hold.
If a project remains inactive for an extended period, we reserve the right to:
reschedule the work based on current availability
revise the timeline
require a restart fee
close the project administratively
Any such action will not waive the client’s responsibility for completed work, incurred costs, or outstanding balances.
10. Intellectual Property
Unless otherwise stated in writing, Pretentious Creative Solutions retains ownership of all concepts, drafts, strategy, working files, proposals, processes, frameworks, and unused creative materials developed during the course of an engagement.
Upon full payment for the agreed work, the client receives the rights to the final approved deliverables specifically included in the scope, subject to any third party rights, licenses, platform restrictions, or excluded items.
Unless otherwise agreed in writing, we retain the right to:
display completed work in our portfolio, social media, presentations, or marketing materials
reference the client relationship for promotional purposes
use general learnings, methods, and non confidential processes developed during the engagement
11. Third Party Tools and Platforms
Our services may involve or rely on third party platforms, software, ad networks, hosting providers, payment processors, website tools, analytics tools, CMS platforms, plugins, or other outside systems.
We are not responsible for outages, policy changes, suspended accounts, algorithm shifts, integration issues, billing issues, security failures, feature changes, or platform decisions made by third parties.
Any third party fees, subscriptions, ad spend, hosting costs, app charges, media budgets, or platform expenses are the client’s responsibility unless explicitly included in writing.
12. No Guarantee of Results
We do not guarantee specific outcomes from any service.
That includes, without limitation:
search rankings
traffic increases
lead volume
sales volume
conversion rates
return on ad spend
account growth
audience growth
revenue increases
business performance improvements
Marketing and creative performance depends on variables outside our control, including market conditions, competition, budgets, implementation quality, timing, offer strength, sales process, website condition, platform changes, and internal business operations.
13. Disclaimer of Professional Reliance
Information shared by Pretentious Creative Solutions, whether through our website, calls, messages, proposals, or deliverables, is provided for business and marketing purposes only unless explicitly stated otherwise.
You remain responsible for your own legal, tax, financial, operational, and business decisions. Where needed, you should consult the appropriate licensed professional.
14. Confidentiality
We will make reasonable efforts to treat non public client information as confidential and to avoid improper disclosure of sensitive business information shared in the course of a project.
Likewise, clients may not share, republish, resell, distribute, or disclose our proposals, pricing, processes, frameworks, strategic documents, or internal materials without written consent.
This section does not apply to information that is already public, independently obtained, or required to be disclosed by law.
15. Termination of Services
We reserve the right to decline, pause, or terminate work at our discretion, including where there is:
abusive or inappropriate behavior
repeated failure to pay invoices
repeated communication breakdown
misuse of our work
unlawful, deceptive, or unethical requested use
continued scope conflict or breakdown in working relationship
Clients may also end an engagement according to the terms of any active agreement. Termination does not eliminate responsibility for work already performed, non cancelable costs, or unpaid invoices.
16. Limitation of Liability
To the fullest extent permitted by law, Pretentious Creative Solutions will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to our website, services, communications, or working relationship.
This includes, but is not limited to, lost revenue, lost profits, lost business opportunities, campaign underperformance, ranking losses, data loss, launch delays, business interruption, reputational harm, or third party platform issues.
Our total liability for any claim related to our services or these Terms shall not exceed the amount actually paid to us for the specific services giving rise to the claim.
17. Indemnification
You agree to indemnify and hold harmless Pretentious Creative Solutions and its owners, employees, contractors, affiliates, and representatives from any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from:
materials you provide to us
your misuse of deliverables
your breach of these Terms
your violation of any law or third party rights
claims related to your products, services, advertising, representations, or business operations
18. Website and Communication Use
You agree not to misuse our website, forms, inboxes, scheduling links, proposals, or communication channels.
You may not:
submit false or misleading information
impersonate another person or business
send spam, malicious links, or abusive messages
attempt unauthorized access to our systems
copy or repurpose our written, visual, or strategic materials without permission
19. Privacy
Your use of our website and communications with our company may involve the collection and handling of personal or business information. Please refer to our Privacy Policy for more information on how that data is handled.
20. Changes to These Terms
We may update these Terms from time to time. Updated versions become effective when posted on our website or otherwise provided to you.
Continued use of our website or continued engagement with our company after changes are posted constitutes acceptance of the revised Terms.
21. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to conflict of law rules.
22. Dispute Venue
Any dispute arising out of or related to these Terms, our services, or your relationship with Pretentious Creative Solutions shall be brought in the appropriate state or federal courts located in Texas, unless otherwise agreed in writing.
23. Contact
If you have questions regarding these Terms, you may contact:
Pretentious Creative Solutions
coleman@pretentious.co
(903) 481-9073
www.pretentious.co