Terms & Conditions

These Terms & Conditions ("Terms") govern the provision of creative, strategic, web, marketing, consulting, photography, and ongoing support services provided by Octave Creative ("Octave Creative," "we," "us," or "our") to clients ("Client," "you," or "your").

By approving a proposal, signing an agreement, submitting payment, or otherwise authorizing Octave Creative to begin services, Client agrees to these Terms together with the applicable proposal, scope of work, service agreement, invoice, or order form ("Service Agreement").

Where a Service Agreement conflicts with these Terms, the Service Agreement will control for the specific project or engagement.

1. SERVICES

Octave Creative provides creative strategy, brand design, web design and development, digital marketing, social media content, advertising management, collateral design, photography, consulting, website maintenance, and ongoing creative partnership services.

Services may include, but are not limited to:

Brand Strategy
Brand Identity & Logo Design
Brand Guidelines
Messaging & Positioning
Business & Growth Strategy
Web Design & Development
Shopify Website Development
HubSpot Website Design & Development
Website Maintenance
CRM & Marketing Automation
SEO
Digital Marketing
Social Media Content
Meta Advertising
Campaign Strategy
Photography
Promotional & Collateral Design
Monthly Creative Retainers
Strategic Consulting

The exact services, deliverables, timeline, pricing, and limitations applicable to a project will be defined in the applicable Service Agreement.

2. STRATEGY-FIRST APPROACH

Octave Creative approaches creative work as a strategic business function.

Where applicable, projects may begin with discovery, strategy, planning, research, auditing, goal setting, audience identification, positioning, systems planning, or other strategic activities before creative production begins.

Strategy services are intended to provide direction and recommendations based on information available at the time of the engagement.

Client understands that strategic recommendations do not guarantee specific financial, marketing, sales, traffic, advertising, or business results.

3. PROPOSALS & SCOPE OF WORK

Each project will be defined by a written proposal, estimate, Service Agreement, or Statement of Work.

The applicable document will identify, as appropriate:

Services
Deliverables
Number of pages or assets
Project milestones
Timeline
Revision rounds
Fees
Payment schedule
Third-party costs
Client responsibilities
Launch or delivery requirements

Only services specifically identified in the applicable Service Agreement are included.

Requests outside the agreed scope may require an additional fee, change order, revised timeline, or separate agreement.

Verbal requests or informal conversations do not automatically modify the agreed scope.

4. FEES & PAYMENT

All project fees are stated in the applicable Service Agreement.

Unless otherwise stated:

Project-Based Services

A 50% initial deposit is required before work begins.

The remaining balance will be divided according to the payment schedule established in the applicable Service Agreement.

For larger projects, Octave Creative may structure payments into milestone installments, such as:

60% project initiation
20% design/development milestone
20% final delivery or launch

Alternative payment schedules may be established in writing.

Strategy & Consulting

Strategy or consulting engagements may require payment in full before the engagement begins or may be billed according to the agreed milestone schedule.

Monthly Retainers

Monthly partnership services are billed in advance at the beginning of each billing cycle.

The monthly fee reserves creative capacity and access to Octave Creative during the applicable billing period.

Unused monthly hours, deliverables, or capacity do not automatically roll over unless expressly stated in the applicable agreement.

5. DEPOSITS & NON-REFUNDABLE PAYMENTS

Project deposits, setup fees, strategy fees, subscription payments, and other payments made to initiate or reserve services are non-refundable, except where otherwise required by applicable law or expressly agreed in writing.

Deposits compensate Octave Creative for reserving project capacity, scheduling resources, beginning research and planning, administrative preparation, and committing resources to the engagement.

A project deposit is not refundable merely because:

Client changes their mind
Client changes business direction
Client becomes unavailable
Client decides not to use the completed work
Client delays the project
Client is dissatisfied with work that conforms to the agreed scope
Client elects to terminate the project after work has begun

This does not limit any non-waivable rights Client may have under applicable law.

6. PROJECT TIMELINES

Estimated timelines are provided based on the scope, complexity, Client responsiveness, availability of required materials, approvals, and third-party platforms.

Project timelines begin when:

The Service Agreement has been signed;
Required deposit or initial payment has been received; and
Octave Creative has received the information, content, credentials, assets, and approvals reasonably necessary to begin.

Client delays may extend the project timeline.

Octave Creative is not responsible for delays caused by:

Late content
Missing information
Delayed approvals
Lack of access
Client-requested changes
Third-party platforms
Hosting providers
Domain registrars
App developers
Payment processors
Advertising platforms
Other circumstances outside Octave Creative's reasonable control

7. CLIENT RESPONSIBILITIES

Client agrees to provide timely:

Content
Copy
Images
Brand information
Product information
Credentials
Platform access
Approvals
Feedback
Business information
Legal or compliance information

Client is responsible for ensuring that information supplied to Octave Creative is accurate, complete, current, and legally authorized for use.

Client is also responsible for obtaining permission to use any third-party materials supplied to Octave Creative.

8. CLIENT COMMUNICATION & APPROVALS

Client will designate an authorized decision-maker or primary point of contact whenever reasonably possible.

Feedback should be consolidated and provided through the agreed communication method.

Multiple stakeholders providing conflicting feedback may result in additional time, fees, and project delays.

Unless otherwise specified, Client is expected to provide feedback or approval within 3–5 business days of receiving a requested review.

Failure to respond may result in the project timeline being extended.

9. REVISIONS

Each Service Agreement will specify the number of included revision rounds.

A revision means a reasonable modification to an existing approved direction.

A revision does not include:

A completely new concept
A change in project direction
New functionality
Additional pages
Additional deliverables
Reworking previously approved concepts
New strategy after approval
Requests caused by inaccurate or incomplete information originally supplied by Client

Additional revisions or out-of-scope changes may be billed at Octave Creative's current hourly or project rate.

10. PROJECT PAUSE & CLIENT NON-COMMUNICATION

If Client becomes unresponsive or fails to provide required materials, approvals, or information for 14 consecutive calendar days, Octave Creative may place the project on hold.

If Client remains unresponsive for 30 consecutive calendar days, Octave Creative may consider the project abandoned and terminate the engagement.

Upon termination for abandonment:

Paid deposits remain non-refundable;
Work completed to date remains billable;
Outstanding approved fees become due;
Octave Creative may close the project;
Project files may be archived;
Restarting the project may require a new deposit, revised scope, updated pricing, and scheduling availability.

This provision is intended to protect both parties from indefinite project delays.

11. CANCELLATION & TERMINATION

Either party may request termination in accordance with the applicable Service Agreement.

If Client terminates a project after work has begun:

Client remains responsible for:

The non-refundable deposit;
Work completed through the termination date;
Approved third-party expenses;
Non-cancellable commitments;
Any milestone payment already earned;
Any other fees expressly identified in the Service Agreement.

If the value of work completed exceeds payments already received, Client will be invoiced for the remaining balance.

Termination does not automatically entitle Client to a refund.

12. KILL FEE / PROJECT CANCELLATION

If Client elects to cancel a project for convenience after production has begun, Octave Creative may charge a project cancellation fee equal to the greater of:

(a) the unpaid value of work completed to date; or
(b) the remaining non-refundable project commitment specified in the Service Agreement.

The specific cancellation/kill fee may be defined differently in an individual agreement.

13. DELIVERABLE DELIVERY

Final deliverables will be provided according to the agreed delivery schedule.

Octave Creative may withhold final deliverables, source files, publishing access, ownership transfer, or launch credentials until all outstanding balances related to the project have been paid in full.

Where applicable, final files may include:

PNG
JPG
PDF
SVG
EPS
AI
PSD
Figma files
Website files
CMS access
Brand guideline documents
Marketing assets

The exact deliverables included will be identified in the Service Agreement.

14. INTELLECTUAL PROPERTY

Unless otherwise stated in the Service Agreement, Octave Creative retains ownership of preliminary concepts, rejected concepts, working files, proprietary processes, templates, systems, tools, frameworks, code libraries, methodologies, and pre-existing intellectual property.

Upon receipt of full payment, Client will receive the ownership or license rights specifically identified in the Service Agreement for final approved deliverables.

Client does not receive ownership of unused concepts, drafts, internal processes, proprietary tools, templates, or Octave Creative's pre-existing intellectual property unless expressly agreed in writing.

This distinction is consistent with standard design-contract practice, including AIGA's treatment of final work versus preliminary materials and designer tools.

15. PORTFOLIO & PROMOTIONAL RIGHTS

Unless Client requests confidentiality in writing or the Service Agreement states otherwise, Octave Creative may display completed work in its:

Portfolio
Website
Social media
Case studies
Presentations
Marketing materials
Awards submissions

Client grants Octave Creative permission to identify Client as a client for portfolio and promotional purposes.

Confidential or unreleased projects will not be publicly displayed before Client's authorized launch date unless otherwise approved.

16. THIRD-PARTY ASSETS & SERVICES

Projects may require third-party services including:

Fonts
Stock photography
Plugins
Themes
Apps
Hosting
Domains
Email services
CRM platforms
Payment processors
Marketing platforms
Analytics tools
Subscription software
AI tools

Third-party fees are separate from Octave Creative's professional fees unless specifically stated otherwise.

Client is responsible for ongoing third-party subscription, licensing, renewal, and usage fees.

Third-party platforms are subject to their own terms, pricing, availability, policies, and limitations.

17. WEBSITE DOMAIN REGISTRATION

Whenever practical, domains should be registered under Client ownership and Client's business information.

Octave Creative may assist with domain registration, DNS configuration, transfers, renewals, and management.

Domain registration and renewal fees are separate from website design fees unless explicitly included.

Client is ultimately responsible for maintaining ownership and renewal of its domain.

Industry guidance strongly favors keeping domain ownership with the client rather than placing a client's domain solely under the designer's account.

18. WEBSITE HOSTING

Website hosting is separate from website design and development unless explicitly included in the Service Agreement.

Hosting may include:

Server/hosting fees
SSL
CDN
Backups
Security
Platform fees
Bandwidth
Storage
Technical infrastructure

The Client is responsible for recurring hosting charges unless those charges are expressly included in an Octave Creative maintenance or hosting plan.

Hosting prices may change based on third-party provider pricing.

19. WEBSITE SETUP & LAUNCH FEES

Website projects may include separate setup fees for:

Domain configuration
Hosting setup
DNS configuration
SSL
CMS setup
Shopify setup
HubSpot setup
CRM configuration
Analytics
Google Tag Manager
Search Console
Conversion tracking
Email integrations
Booking systems
Forms
Automation
Third-party integrations

These fees will be identified in the proposal or Service Agreement.

Setup fees are generally non-refundable once configuration or implementation has begun.

20. WEBSITE MAINTENANCE

Website maintenance may be provided as a separate monthly service or included within a retainer.

Maintenance may include:

Content updates
Page edits
Minor design adjustments
Plugin/app updates
Platform updates
Broken-link checks
Basic troubleshooting
Backup monitoring
Security monitoring
Minor functionality adjustments

Major redesigns, new pages, new functionality, migrations, custom development, integrations, or strategy work may require a separate project fee.

21. WEBSITE PLATFORM RESPONSIBILITY

Octave Creative may build websites using platforms including Shopify, HubSpot, WordPress, Wix, Webflow, or other agreed platforms.

Client acknowledges that third-party platforms may experience:

Outages
Feature changes
Pricing changes
API changes
Security issues
Service interruptions
App/plugin conflicts
Policy changes

Octave Creative is not responsible for changes or failures caused by third-party platforms outside its control.

22. WEBSITE PERFORMANCE & RESULTS

Octave Creative will use reasonable professional practices to build websites according to the agreed scope.

However, Octave Creative does not guarantee:

Search rankings
Traffic
Sales
Leads
Conversion rates
Revenue
Platform approval
Search-engine indexing
Advertising performance

unless a specific performance guarantee is expressly stated in writing.

23. DIGITAL MARKETING SERVICES

Digital marketing services may include:

Content strategy
Social media content
Campaign strategy
Meta Ads
Google Ads
Email marketing
SEO
Analytics
Conversion optimization
Reporting

The specific platforms and deliverables will be identified in the Service Agreement.

24. ADVERTISING MANAGEMENT FEES & AD SPEND

Advertising management fees and advertising spend are separate charges.

The management fee compensates Octave Creative for services such as:

Strategy
Campaign setup
Audience development
Creative development
Campaign management
Optimization
Reporting
Testing

Advertising spend is money paid to advertising platforms such as Meta, Google, TikTok, LinkedIn, or other media providers.

Unless otherwise stated, Client should fund advertising platforms directly using Client-owned payment methods.

This structure is recommended because it keeps agency compensation separate from media spend and prevents confusion over where advertising dollars are going.

25. ADVERTISING BUDGET MANAGEMENT

Octave Creative may recommend an advertising budget based on:

Business goals
Target audience
Campaign objectives
Market conditions
Historical performance
Testing requirements

Client retains final authority over the advertising budget unless otherwise agreed in writing.

Budget increases must be approved by Client.

Octave Creative will not intentionally exceed an approved advertising budget without authorization, except where minor platform billing fluctuations or timing differences occur and are outside Octave Creative's direct control.

Unused advertising budget does not constitute payment to Octave Creative and does not automatically roll over unless otherwise agreed.

26. ADVERTISING PERFORMANCE

Advertising involves variables outside Octave Creative's control.

Octave Creative does not guarantee:

Leads
Sales
Revenue
ROAS
CPA
CPC
CPM
Impressions
Clicks
Conversion rates
Account approval
Ad approval
Specific audience size

Campaign performance may be affected by competition, market conditions, platform algorithms, Client offer quality, landing pages, pricing, tracking, seasonality, audience behavior, and other factors.

Paid advertising typically requires ongoing testing and optimization rather than a guaranteed immediate result.

27. AD ACCOUNTS & DIGITAL ASSETS

Whenever practical, advertising accounts, analytics accounts, social media accounts, domains, CRM accounts, and other business-critical digital properties should be established under Client ownership.

Octave Creative may receive administrative or partner access to perform services.

Client retains ownership of its business accounts and associated data unless otherwise agreed.

At the end of an engagement, Octave Creative will provide reasonable assistance with account access and transition, subject to payment of all outstanding amounts.

28. SOCIAL MEDIA CONTENT

Social media services may include:

Content calendars
Graphic posts
Short-form creative
Captions
Campaign concepts
Content strategy
Scheduling
Platform-specific adaptations

The number of posts, platforms, revisions, and scheduling services included will be specified in the Service Agreement.

Client is responsible for reviewing and approving content where approval is required.

Octave Creative is not responsible for platform changes, account restrictions, algorithm changes, or content removal caused by third-party platforms.

29. CONTENT APPROVAL

Where Client approval is required, Client should provide approval or revisions within the timeframe specified by Octave Creative.

Delayed approvals may cause:

Missed publishing dates
Campaign delays
Revised timelines
Additional production costs

Octave Creative may pause scheduled work if required approvals are not received.

30. PHOTOGRAPHY SERVICES

Photography services may include:

Professional headshots
Product photography
On-location photography
Event photography
Brand photography

Photography agreements may specify:

Session duration
Number of final images
Location
Travel
Editing
Retouching
Delivery format
Usage rights
Rescheduling
Cancellation
Overtime

Travel, studio rental, assistants, models, props, equipment rentals, location fees, and other production expenses may be billed separately.

31. COLLATERAL & PRINT DESIGN

Collateral design may include:

Business cards
Flyers
Brochures
Signage
Menus
Packaging
Apparel
Merchandise
Promotional materials
Digital documents

Design fees and printing/production fees are separate unless explicitly combined in the Service Agreement.

Client is responsible for approving final proofs.

Once a print or production proof has been approved, Client assumes responsibility for errors that were visible and reasonably identifiable during the approval process.

32. PRINTING & PRODUCTION

Octave Creative may coordinate printing or production as a convenience to Client.

Third-party production costs are payable by Client.

Octave Creative is not responsible for:

Printer errors outside our control
Shipping delays
Manufacturing defects
Color variations caused by printing processes
Material substitutions
Carrier delays
Third-party production failures

Where appropriate, production issues will be addressed with the relevant vendor.

33. MONTHLY RETAINER / CREATIVE PARTNERSHIP SERVICES

Monthly Partnership Services are ongoing engagements designed to provide recurring creative, strategic, web, and marketing support.

Plans may include:

Creative design
Brand support
Social media content
Website updates
Website maintenance
Marketing support
Campaign support
Strategy
Consulting
Automation
Optimization

The exact services included are determined by the selected tier and Service Agreement.

34. RETAINER BILLING

Monthly Partnership Services are billed in advance.

The monthly fee reserves capacity for the Client during the applicable billing period.

Unless expressly stated otherwise:

Monthly payments are non-refundable;
Unused hours do not roll over;
Unused capacity is not converted to cash or credit;
Work outside the agreed scope may incur additional fees;
Third-party costs remain separate.

35. RETAINER CANCELLATION

Unless otherwise specified in the Service Agreement, Client may cancel a month-to-month partnership with 30 days' written notice.

Cancellation becomes effective at the end of the applicable notice period.

Any current billing period already paid is non-refundable.

If a minimum commitment period is established in the Service Agreement, Client remains responsible for the fees associated with that commitment unless otherwise agreed in writing.

36. RETAINER PRIORITY & CAPACITY

Retainer clients receive priority access to Octave Creative based on their selected tier.

Priority does not guarantee immediate turnaround.

Turnaround depends on:

Current workload
Project complexity
Client responsiveness
Required approvals
Third-party dependencies
Scope

Emergency or rush requests may incur additional fees.

37. AI & CREATIVE TECHNOLOGY

Octave Creative may use artificial intelligence and other emerging technologies as part of research, ideation, production, automation, analysis, or workflow optimization.

AI-assisted tools may be used where appropriate while maintaining human creative direction, strategic oversight, quality control, and Client objectives.

Client acknowledges that AI-generated or AI-assisted materials may be subject to limitations involving originality, licensing, intellectual property, accuracy, or platform policies.

Where material legal, licensing, or ownership concerns arise, Octave Creative may recommend alternative production methods.

38. CONFIDENTIALITY

Each party agrees to maintain reasonable confidentiality regarding non-public information received from the other party.

Confidential information may include:

Business plans
Marketing strategies
Financial information
Customer information
Login credentials
Product information
Unreleased campaigns
Proprietary business information

Confidential information will not be disclosed to third parties except where reasonably necessary to perform services, required by law, or authorized by the Client.

39. CLIENT DATA & SECURITY

Client is responsible for maintaining appropriate backups and administrative ownership of critical business accounts.

Octave Creative will use reasonable measures to protect credentials and information provided during the engagement.

Client should not provide unnecessary sensitive personal information through standard project communication channels.

40. WARRANTIES & DISCLAIMERS

Octave Creative agrees to perform services in a professional manner consistent with generally accepted industry practices.

Except where expressly stated otherwise, services are provided without guarantees regarding specific business, financial, advertising, marketing, search, or revenue outcomes.

Third-party platforms and services are outside Octave Creative's control.

41. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Octave Creative will not be liable for indirect, incidental, consequential, special, exemplary, or lost-profit damages arising from the engagement.

To the extent permitted by law, Octave Creative's aggregate liability relating to a project will not exceed the amount actually paid to Octave Creative for the specific services giving rise to the claim.

Nothing in these Terms is intended to exclude liability that cannot legally be excluded.

42. INDEMNIFICATION

Client agrees to indemnify and hold harmless Octave Creative from claims arising from:

Client-provided materials
Client-provided content
Unauthorized use of third-party materials
Client's products or services
Client's business practices
Client's violation of applicable laws
Client's violation of third-party platform policies

This provision does not apply to the extent a claim results from Octave Creative's own gross negligence, willful misconduct, or other conduct for which liability cannot legally be waived.

43. DISPUTE RESOLUTION

The parties agree to first attempt to resolve disputes through good-faith communication.

If a dispute cannot be resolved informally, the parties may pursue mediation before litigation where appropriate.

The governing law and venue should be specified in the applicable Service Agreement.

Recommended for final attorney review: Texas law and an appropriate Texas county/venue based on Octave Creative's actual business structure and location.

44. FORCE MAJEURE

Neither party will be responsible for delays caused by circumstances outside its reasonable control, including:

Natural disasters
Government actions
Internet outages
Platform outages
Cybersecurity incidents
Utility failures
Labor disruptions
Acts of war
Public emergencies
Major technology failures

Affected timelines may be reasonably extended.

45. TAXES

Client is responsible for applicable sales, use, or other taxes associated with the purchase of services or products unless otherwise required by law.

46. ELECTRONIC SIGNATURES

Electronic signatures, digital approvals, online acceptance, and electronically transmitted agreements may be treated as legally binding to the extent permitted by applicable law.

47. CHANGES TO THESE TERMS

Octave Creative may update these general Terms from time to time.

The version applicable to a project will generally be the version incorporated into or referenced by the Service Agreement at the time the engagement begins, unless otherwise agreed.

48. ENTIRE AGREEMENT

The applicable Service Agreement, proposal, scope of work, invoices, and these Terms constitute the agreement between Octave Creative and Client regarding the applicable services.

Any amendment must be made in writing and accepted by both parties.

49. SEVERABILITY

If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.