Subscriber and License Agreement
These Terms of Service apply to any purchase or service made from Creative LifeSense, LLC, be it for the Creative LifeSense, LLC website product itself, or any of the associated services. Creative LifeSense, LLC reserves the right to amend or update the terms & conditions at any time, with or without notice. Creative Lifesense, LLC. will be refered to also as CLS.
Hosting Subscriber Use and Service Provision
The Creative LifeSense, LLC, and is licensed, not sold, but managed as a proprietary service, unless specific contract terms are made under special purchase agreement and conditions. Creative LifeSense, LLC reserves all rights not expressly granted to you and Creative LifeSense, LLC retains the ownership of the website server contents created by Creative LifeSense, LLC. All creative services including images, website graphics and design features remain the property of Creative LifeSense, LLC unless purchased individually with purchase agreement. All website creative services and installed features remain the property of hosting customers as long as they remain on the Creative LifeSense hosting servers, and are current on hosting payments. Any item paid for by the hosting client remains the property of the client. Hosting clients do not own files created by Creative LifeSense, LLC, but can be purchased. Items created for Content Management & Design (CMD) Service belong to Creative LifeSense, LLC unless purchased per agreement.
Hosting or service subscribers are not permitted to “share”, “borrow”, “lend” or “sell” license(s) or hosting access or design serivices to any third parties except in the case of Owned License Transfers as detailed later on in the agreement. Any licenses found to be being used in this way will be revoked without recourse.
Copying, using or publishing any website feature, graphic design or artwork associated with website or design services is strictly prohibited without prior use agreement.
Clients that have discontinued services and are no longer Hosting or service subscribers are not permitted to “share”, “borrow”, “lend” or “sell” images or graphic designs created by CLS for use during the services provides with any third parties except in the case of Owned Service Transfers as detailed later on in the agreement. Any artwork unpaid for and found to be used publicly will follow with a request for payment of item, per usage, per publication, as all property created by CLS is designed to remain property of CLS and in use for CLS client services and benefits for use only as long as they remain CLS Hosting clients.
Copying, using or publishing any website feature, graphic design or artwork associated with website or design services is strictly prohibited without prior use agreement. Any and all artwork or service paid for outside of hosting will remain under the ownership of the client after payment is received in full, and documented for use outside of CLS.
Creative LifeSense, LLC, reserves the right to refuse service at their discretion. Right of refusal will not be based on race, religion or ethnicity.
Renewals & Payments & Invoicing
Payments are accepted via both PayPal and Credit Card. Checks will not be accepted, except in the case of a down-payment for a project specifying a deposit is required to start.
Annual domain renewals automatically renew annually until cancelled by written request. Leased licenses automatically renew until cancelled. Payment for hosting services and domain name renewals are due on the anniversary of the date of signup each month. If payment is not received within 10 days of the due date, Subscriber and License Agreement will suspend the hosting or license subscriptions until full payment is received and reserves the right to suspend any and all related services for the account in question. In services over due by 10 days, there will be a late fee of 10% and a minimum of $25 to reinstate a suspended account.
For web hosting services, and some design projects, payments are due in advance of any work or service commencing. For larger custom development services, payments may be split into multiple payments, commonly consisting of a 50% deposit prior to any work commencing, and the remainder upon completion, however this option will only be offered at Creative LifeSense’ discretion.
Should we receive a charge-back or disputed payment, all services will be revoked until any disputed amounts have been repaid, plus any fees incurred which are typically $35 per charge-back.
Invoices from CLS, Creative LifeSense, are sent 14 days before regularly scheduled payments become due. Any payment after the DUE DATE is considered late. Schedule a regular payment using your online banking or Paypal to help prevent late fees or a stop in service. Make sure your email server is set to receive these.
After 5 days a late fee charge of 10% will be added, and included on invoices.
After 10 days of non-payment, a late-fee will be added and suspension of unpaid services will occur.
After 30 days of non-payment an account can be terminated from service permanently. Please contact us to work any payment issues before this occurs. We can work out a payment plan to keep you from losing your service if we know ahead and can come to a mutual agreement in writing. After termination, a re-install fee and additional costs will need to be accessed before services can be resumed.
Your first deposit may be returned if you are unsatisfied with your service within the first 30 days. The second and following payments for service are your confirmation and agreement to these service terms and policies. An email must be sent within the first 30 days to state the reason for the refund. Third party services acquired to supplement the website build cannot be refunded. Refunds are strictly for services provided from Creative LifeSense, LLC.
Delivery
All licenses and subscriptions are normally issued instantly upon confirmation of receipt of payment from PayPal, our default chosen gateway processor. Should your payment turn out to be fraudulent, or declined to CLS in any way, the license will be suspended and you will be expected to repay the amount + any fees incurred.
Our professional setup, installation & update services usually take between 24 & 48 hours to install, complete website development times may vary depending on content involved, but this is not a guaranteed turnaround time, and at peak times such as new releases, and peak holiday or promotional seasons, they will often take longer.
Content changes and updates require a minimum 2 week advanced notice to accommodate and schedule CLS clients in the order they are received. A lack of planning by a client doe not make an emergency service to interfere with other clients services. If there is a an immediate request, the client will be charged a fee of $75 minimum to get their request to the top of the scheduling queue. There is no guarantee work can be completed with late requests. To insure quality and meet all our deadlines, we ask our clients to respectfully plan ahead for their seasonal changes to web content and social media requests.
30 Day Money Back Guarantee
In the unlikely event that you are not completely satisfied with our website service, we are happy to provide you with a full refund for the cost of your license and subscriptions. To claim a refund under the money back guarantee you simply need to submit a cancellation request in and email from our members area or to support@creativelifesencedotcom within 30 days of the original purchase date, stating why it was not to your satisfaction and your money will be refunded in full.
The Money Back Guarantee applies to new clients only, this applies to license & add-on/service related charges, however services that have commenced are not eligible for refund. To clarify, a new client is determined by both the registered client information and the domain that the license & service is installed on, meaning that if there is a record of Creative LifeSense having been used in the past by either the same company or person, or on the same domain, then you will not be eligible for refund under our Money Back Guarantee. This offer does not include domain name purchases or third party services not provided by CLS.
Cancellations & Refunds Policy
Leased licenses may be cancelled at any time. No notice period is required, and the cancellation will be effective from the date the cancellation request is made or processed. Requests for cancellation should be submitted from our members area or to support@creativelifesencedotcom.
Any monies paid for leased license renewals prior to a cancellation request being submitted are non-refundable. The same applies to any services, where once the service has been started, any fees paid also become non-refundable.
Creative LifeSense LLC, reserves the right to cancel service and access to the service at any time. If a customer breaks the Terms of Service, a refund will not be available.
Outside the 30 Day Money Back Guarantee period, refunds are only issued for license or service failure. Refunds are not issued for server failure/issues due to lack of payments, lack of recommended security features or if your requested plugin or custom feature does not meet the server or software requirements of current WordPress status or compaitible with other plugins installed. CLS is not responsible for trouble shooting or repairing third party products as they update and attempt to improve their products and features, such as WordPress, themes and plugins or any other thrid party product or service. Refunds are determined on individual circumstances and only issued once our technical staff determine that Creative LifeSense LLC has a fault causing it to not run on our server. Installation charges are not refundable under any circumstances. Refunds are not available after 30 days from the purchase date.
License Transfer Policy
We provide Owned Licenses to be re-sold or transferred to our clients, once per license key (fees may apply for time involved to make the transfer). Owned license are not eligible for transfer until at least 12 months have passed from the date of purchase when the website has been paid for in full at full retail price. Websites developed and provided at discounted rates are not transferable until such time is agreed prior to development. Owned licenses obtained via a external reseller are excluded from this policy and are not eligible for any re-sales or transfers. All third part licenses purchased through CLS for web development are licensed through CLS per client. When services are no longer being provided those licenses are still property if CLS for re-licensing.
Leased licenses acquired through Creative LifeSense LLC, developed at full price or discount rates and subscriptions cannot be re-sold or transferred under any circumstances.
Before any sale or transfer, please contact us to verify eligibility of your license key. Most license Keys are not transferable. Upon request approval of the transfer, we will issue an invoice for the license transfer fee (currently $25). Once paid, we will request from you the name, email address and details of the new owner for the license to be transferred to. Discontinued licensed products and their keys cannot be transferred, and all transfers are final and cannot be reversed. Once transfer is made Creative LifeSense LLC, will no longer be held liable for any website issues, feature or content problems or failures.
Add-ons licenses may be transferred within a client with multiple accounts with Creative LifeSense LLC, but not resold or transferred to other hosting accounts or other thrid party hosting providers.
Intellectual Property & Limited Use Agreement
Any media, materials, specifically images and/or content provided by the client remains the property of the providing client.
Any Media, graphic materials or any image, including content created originally or substantially edited and published or not published, by CLS, remains the property and ownership of CLS, Creative Lifesense, is provided for Limited Use, and may not be used, moved or published at other web or print location, website or public presentation without permission from CLS, Creative Lifesense. Artwork including images, logos and other content are provided for free or substantial discount for use when services are hosted with CLS, Creative Lifesense. If graphic and web images, including logos and branding elements are created or substantially edited for use, they muist be purchased for external use. This may intail a cost to purchase ownership for CLS created images if the hosting is moved from CLS to another hosting provider and or media marketing entity. An invoice will be issued for a “Permission to Use” release to purchase ownership of items created, and issued free to use during and for use while on a CLS hosting Subscription.
Media paid for specifically and outside of the CLS Hosting agreement will specify unlimited use and release of ownership.
CLS, Creative Lifesense, LLC. reserves the right to seek legal action for unlawful use, by any person or business using CLS created media, artwork, or content without written permission. Any and all content, posted to websites hosted or maintained under CLS services, is considered copyrighted, and shared copyright as provided and agreed by CLS subscribers and clients. It is our goal to protect your image, your content and your brand by discouraging and issuing warning to any un authorized use and followed with legal action if necessary.
Trademarks
The Creative LifeSense LLC website and software contain references to many companies that Creative LifeSense LLC is integrated with for payments & other related services. Creative LifeSense LLC and the Creative LifeSense logo are trademarks of Creative LifeSense LLC. Registered in U.S.A. All rights reserved. All other trademarks are the property of their respective owners. The Creative Lifesense brand may be applied to any and all works created by Creative Lifesense, including watermarks, digital signatures and or statements of ownership or service private or public.
Last Updated: 09 Sept 2017