These Terms & Conditions ("Terms") govern your access to and use of the Kretivz websites, products and engagement services (collectively, the "Services"). By engaging Kretivz, accepting a Statement of Work, or using our websites, you agree to be bound by these Terms.
1. Acceptance of terms
Your access to the Services is conditioned on your acceptance of and compliance with these Terms. By using the Services, you represent that you are over the age of 18 and have authority to bind your organisation, where applicable, to these Terms.
2. Services
Kretivz provides creative, AI, production, marketing and engineering services as scoped in a mutually-executed Statement of Work ("SOW"). The SOW prevails over these Terms in the event of conflict regarding deliverables, timelines and pricing.
- All deliverables are itemised and accepted in writing.
- Change requests are documented and may impact timelines and fees.
- Kretivz may engage qualified subcontractors under equivalent confidentiality obligations.
3. Fees & payment
Fees are stated in the relevant SOW. Unless otherwise agreed, invoices are payable within thirty (30) days of issuance via bank transfer in USD or GBP. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.
4. Intellectual property
Upon full payment, all final Deliverables prepared specifically for the Client under the SOW are assigned to the Client on a work-for-hire basis. Kretivz retains ownership of pre-existing materials, methodologies, frameworks and reusable tooling, licensed to the Client on a non-exclusive, perpetual, royalty-free basis to the extent embedded in Deliverables.
5. Confidentiality
Each party will protect the other's Confidential Information using at least the same standard of care it applies to its own confidential information, and no less than a reasonable standard of care. Confidentiality survives termination for a period of five (5) years.
6. Warranties
Kretivz warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards. Except as expressly stated, the Services are provided "as is" and Kretivz disclaims all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
7. Limitation of liability
To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, consequential, special or punitive damages. Kretivz's total cumulative liability arising out of or related to the Services shall not exceed the total fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim.
8. Indemnification
Each party shall defend, indemnify and hold harmless the other from and against third-party claims arising from (i) the indemnifying party's breach of these Terms, (ii) infringement of third-party intellectual property by content the indemnifying party provided, or (iii) gross negligence or willful misconduct.
9. Term & termination
These Terms remain in effect for the duration of any active SOW. Either party may terminate an engagement for material breach not cured within thirty (30) days of written notice. The Client remains responsible for fees earned and expenses committed prior to the effective date of termination.
10. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Any dispute shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware, except where applicable law requires otherwise.
11. Changes to terms
Kretivz may update these Terms from time to time. We will notify customers with active SOWs by email at least thirty (30) days in advance of material changes. Continued use of the Services following the effective date constitutes acceptance of the revised Terms.
12. Contact
Questions about these Terms can be sent to legal@kretivz.com or by post to Kretivz Creative & Digital LLC, 340 Bryant Street, Suite 4F, San Francisco, CA 94107, United States.