1. Agreement to Terms

By accessing our website, purchasing a membership, or engaging Commonwealth Creative (“we,” “us,” “our,” “the Company”) for any services, you (“Client,” “you,” “your”) agree to be bound by these Terms of Service in their entirety. If you do not agree, do not use our services. These Terms constitute a legally binding agreement between you and Commonwealth Creative.

2. Our Services

Commonwealth Creative provides design, branding, web development, digital marketing, and strategic services on both a flat-rate membership basis and through project-based engagements. Specific deliverables, timelines, and scope are defined at the time of engagement through a written proposal, scope of work document, or membership agreement.

3. Membership Terms

3.1 Subscription
Memberships are billed on a recurring monthly or annual basis via Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

3.2 What's Included
Active members receive unlimited design and development requests as described on our memberships page. Requests are fulfilled one at a time in the order received.

3.3 Turnaround
We target a 48–72 hour turnaround on active requests. Turnaround times may vary based on scope and current queue. Turnaround estimates are not guarantees and do not constitute binding deadlines.

3.4 Pausing & Cancellation
You may pause or cancel your membership at any time. Cancellations take effect at the end of the current billing period. Unused time within a billing period is forfeited upon cancellation and is not refundable, creditable, or transferable.

4. Project-Based Engagements

4.1 Proposals & Scope of Work
All project-based work requires a signed proposal or scope of work (“SOW”) before work begins. The SOW will outline the project scope, deliverables, timeline, payment schedule, and number of included revision rounds.

4.2 Deposits & Payment Schedule
Project-based engagements require a non-refundable deposit before work begins, typically 50% of the total project fee unless otherwise stated in the SOW. Remaining balances are due according to the milestone schedule outlined in the SOW. No deliverables, source files, credentials, or assets will be released until all outstanding balances are paid in full.

4.3 Change Orders
Any work requested outside the original scope of work constitutes a change order. Change orders require written approval from both parties and may result in additional fees and adjusted timelines. Commonwealth Creative is not obligated to perform out-of-scope work without a signed change order.

4.4 Revisions
Each project includes a defined number of revision rounds as stated in the SOW. Additional revisions beyond the included rounds will be billed at our then-current hourly rate or as a flat-fee change order.

4.5 Client Delays
If a project is delayed due to the Client's failure to provide timely feedback, content, approvals, or access for more than 14 calendar days, Commonwealth Creative reserves the right to (a) place the project on hold, (b) reassign internal resources, and (c) charge a reactivation fee to resume work. Timelines will be adjusted accordingly and are not guaranteed after a client-caused delay.

5. Refund & Cancellation Policy

5.1 All Sales Are Final
All sales are final. Commonwealth Creative does not issue refunds, credits, or exchanges for any services rendered, in progress, or scheduled — including but not limited to membership fees, project deposits, milestone payments, hourly charges, and any other fees.

5.2 No Refunds for Completed or In-Progress Work
Once work has commenced on any project, deliverable, or request, no refund will be issued for that work — regardless of whether the Client chooses to use, publish, or implement the deliverables.

5.3 Cancellation of Projects
If the Client cancels a project after work has begun, all fees paid to date are non-refundable. If the work completed at the time of cancellation exceeds the amount paid, the Client will be invoiced for the remaining balance based on work completed at our then-current hourly rate.

5.4 Chargebacks & Payment Disputes
Filing a chargeback or payment dispute with your bank or credit card company without first attempting to resolve the matter directly with Commonwealth Creative constitutes a breach of these Terms. In such cases, we reserve the right to suspend all services, revoke access to deliverables, pursue collection of the disputed amount plus any associated fees, and report the debt to collections agencies.

6. Payment Terms

6.1 Fees & Invoicing
All fees are due as described at the time of purchase, in the SOW, or on the applicable invoice. Payment is accepted via Stripe, ACH, wire transfer, or other methods we make available.

6.2 Invoice Requests
Commonwealth Creative does not issue invoices automatically. Clients who require an invoice for their records or accounting purposes must request one by contacting us at support@thecommonwealthcreative.com. Failure to request or receive an invoice does not relieve the Client of the obligation to pay fees when due.

6.3 Late Payments
Invoices not paid within 15 calendar days of the due date are considered past due. Past due accounts will incur a late fee of 1.5% per month (or the maximum allowed by law, whichever is lower) on the outstanding balance. Commonwealth Creative reserves the right to pause or suspend all work — including active memberships and projects — until the account is brought current.

6.4 Collections
If an account remains past due for more than 30 calendar days, Commonwealth Creative reserves the right to refer the account to a third-party collections agency. The Client agrees to pay all reasonable costs of collection, including attorney's fees and court costs.

6.5 Price Changes
We reserve the right to adjust pricing with 30 days' written notice to active members. Continued use of services after a price change takes effect constitutes acceptance of the new pricing.

7. Intellectual Property

7.1 Your Content
You retain ownership of all content, assets, and materials you provide to us. By sharing them, you grant us a limited, non-exclusive license to use them solely for delivering your requested services.

7.2 Our Deliverables
Upon full payment, ownership of custom deliverables (designs, code, copy) transfers to you. Until full payment is received, all deliverables remain the exclusive property of Commonwealth Creative. We retain the right to display finished work in our portfolio unless you request otherwise in writing.

7.3 Our Tools & Systems
Commonwealth Creative's internal processes, templates, frameworks, workflows, proprietary tools, and systems remain our sole property and are not transferred to clients under any circumstances. Any tools, templates, or code libraries developed by Commonwealth Creative prior to or independent of the Client's project remain our property even if incorporated into Client deliverables.

7.4 Third-Party Assets
Deliverables may incorporate third-party assets (stock photography, fonts, plugins, open-source code) that are subject to their own license terms. The Client is responsible for maintaining compliance with all applicable third-party licenses.

8. Client Responsibilities

You agree to:

Provide timely feedback and approvals to keep projects moving
Supply accurate information, content, and credentials needed to complete work
Not use our deliverables for unlawful purposes
Maintain the confidentiality of any credentials or access we share with you
Ensure you have the legal right to use all content, images, and materials you provide to us
Designate a single point of contact for project communications and approvals
Back up your own data; Commonwealth Creative is not responsible for data loss on Client-owned platforms or hosting environments

9. Warranties & Disclaimers

9.1 Services Provided “As Is”
Except as expressly stated in these Terms, all services are provided “as is” and “as available.” Commonwealth Creative makes no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 No Guarantee of Results
Commonwealth Creative does not guarantee any specific business results, including but not limited to increases in traffic, revenue, rankings, leads, or conversions. Marketing, SEO, and digital strategy outcomes depend on many factors outside our control.

9.3 Third-Party Platforms
We are not responsible for outages, changes, or issues caused by third-party platforms, hosting providers, domain registrars, or software that we do not own or control — even if we recommended or configured them on your behalf.

10. Limitation of Liability

To the maximum extent permitted by law, Commonwealth Creative, its owners, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services — including but not limited to lost profits, lost data, business interruption, or reputational harm — regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages.

Our total aggregate liability in any matter arising out of or related to these Terms or our services shall not exceed the lesser of (a) the total amount you paid to Commonwealth Creative in the 3 months preceding the event giving rise to the claim, or (b) $5,000.

11. Indemnification

You agree to indemnify, defend, and hold harmless Commonwealth Creative, its owners, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of our deliverables; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; (d) any content, materials, or data you provide to us; or (e) any dispute between you and your customers, users, or other third parties.

12. Confidentiality

We treat your business information as confidential and do not share it with third parties except as required to deliver your services or comply with law. We ask the same in return regarding any proprietary methods, pricing, tools, or materials we share with you. This obligation survives termination of our working relationship.

13. Non-Solicitation

During the term of any engagement and for a period of 12 months following its conclusion, the Client agrees not to directly solicit, recruit, or hire any employee or contractor of Commonwealth Creative who was involved in providing services to the Client. If this provision is breached, the Client agrees to pay a recruitment fee equal to 50% of the individual's annual compensation.

14. Termination

14.1 Termination by Us
We reserve the right to terminate or suspend service to any client who violates these Terms, engages in abusive or threatening conduct, fails to pay invoices when due, or requests work that is illegal, harmful, or unethical — with or without prior notice.

14.2 Termination by Client
Clients may terminate project engagements in writing at any time, subject to the refund and cancellation provisions in Section 5. Any work completed and fees incurred up to the date of termination remain due and payable.

14.3 Effect of Termination
Upon termination: (a) all outstanding invoices become immediately due and payable; (b) Commonwealth Creative will cease all work; (c) deliverables for which full payment has been received will be transferred to the Client within a reasonable timeframe; (d) deliverables for which payment has not been received remain our property.

15. Dispute Resolution

15.1 Informal Resolution
Before initiating any formal proceedings, you agree to contact us at support@thecommonwealthcreative.com and attempt to resolve any dispute informally for a period of at least 30 calendar days.

15.2 Mediation
If informal resolution fails, either party may initiate non-binding mediation administered in Richmond, Virginia. The costs of mediation shall be shared equally between the parties.

15.3 Governing Law & Jurisdiction
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Any legal action not resolved through mediation shall be brought exclusively in the state or federal courts located in Richmond, Virginia, and both parties consent to personal jurisdiction in those courts.

15.4 Attorney's Fees
In any action to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the non-prevailing party.

16. Force Majeure

Neither party shall be liable for delays or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet or infrastructure outages, cyberattacks, or labor disputes.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with any signed proposals, scopes of work, or service agreements, constitute the entire agreement between you and Commonwealth Creative and supersede all prior or contemporaneous communications, representations, or agreements — whether oral or written.

19. Changes to These Terms

We may update these Terms from time to time. Continued use of our services after updates constitutes acceptance. We will notify active members and clients of material changes by email at least 15 days before the changes take effect.

20. Contact

Commonwealth Creative
support@thecommonwealthcreative.com
804-424-1348
thecommonwealthcreative.com