last updated: april 11, 2023
Terms and Conditions of Use for The Creative Accent
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of our products, including online courses.
This website is owned and operated by MyCrayons, a sole proprietorship based in Belgium. Our principal place of business is located at Henri Knutsplein, Herk-de-Stad.
You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
All images, text, designs, graphics, trademarks, and service marks are owned by and property of The Creative Accent, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
However, you may request permission to use our intellectual property with clear credit linking back to our site where the images, designs, etc. is located when it is reasonable to do so. Permission requests may be emailed to email@example.com. Please note: you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
SECURITY AND ASSUMPTION OF RISK
It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe and Paypal. By utilizing these payment processors to gain access to the offering, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
By accessing our offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our offering(s) or related material(s).
LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
You agree to indemnify and hold harmless the designer and our company, as well as our affiliates and any other joint venture partners from any and all claims, causes of action, damages, or other losses arising out of, or related to, our offerings or services provided.
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or in relation to our offering(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our offering(s) and related material(s).
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
ALL RIGHTS RESERVED
TEMPLATE SHOP AND INTELLECTUAL PROPERTY
Any and all materials, paid or free, that you access on this or any related domains that contain our offerings are under the sole ownership or licensed use of The Creative Accent.
For all digital products purchased through The Creative Accent Template Shop, you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use. If you exceed the scope of this license, as determined by a legal authority such as a court of law, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
• Use the offering or template for personal use within your business
• Download and/or print any of the materials associated with the offering for personal use
• Use our materials and trademarks with our consent and proper credit to The Creative Accent as the source and designer of the materials
You may not:
• Re-sell or share access to the template, offering or related materials
• Reprint or republish any of the offering, in part or in whole
• Distribute any of the materials contained in the offering or related materials, or claim them as your own
• Reproduce or tweak any part of the offering for distribution as your own work
• Use our offering or any related materials in an unlawful way or for an illegal purpose(s)
By purchasing anything on or through our website, including digital products, templates, services, opt-ins, and the like, you agree to accept all parts of this Refund Policy. If you do not agree to the Refund Policies outlined below, please do not proceed with any transaction through this website.
TEMPLATES & DIGITAL PRODUCTS
If you opt for a monthly payment plan, you agree to complete all remaining payments of your payment plan. By doing so, you authorize The Creative Accent and any third-party processor to charge your credit card automatically according to the terms of your payment plan. You may not cancel or void these payments.
If your elected payment method is declined for payment of your monthly fee, you agree to provide a new eligible payment method within 7 days of your payment due date. We will make reasonable attempts to contact you regarding any failed payments. If payments are not made within this 7-day window, the digital asset will be removed from your account. If payments remain delinquent beyond 60 days, the remaining balance will be submitted for collections.
REFUNDS & EXCHANGES
Due to the nature of digital products, we do not accept returns or exchanges. All sales are considered final, including payment plans. No refunds will be given.
SEMI-CUSTOM BRAND KITS
Your project start date begins on the day of the initial strategy call following purchase. You understand and approve that it can take up to 2 months for an open date to start the customization of your Brand Kit.
Semi-custom brand kit purchases include one (1) round of revisions on the overall brand. Additional revisions may be requested at the rate of $115/hr. You agree that once the brand concepts are marked as "approved", any revisions or changes requested beyond that point will incur an additional fee. All purchases are final and need to be paid in full before final delivery of design files.
Once payment in full has been received, the designer grants you full copyright ownership of all final design files that have been uniquely customized for your business. The Creative Accent retains ownership of any preliminary design work, as well as the right to use all design work, both final and preliminary, for portfolio displays and marketing purposes.
Please Note: Brand Kit purchases do NOT include stationery designs, font files, or any other brand elements not specifically mentioned on the sales page.
CUSTOM DESIGN SERVICES
PROJECT SCOPE & PAYMENT
The scope and total cost for all design services is quoted on a case by case basis, depending on your requests. The payment schedule for these services will be outlined in a separate proposal submitted for your approval. For custom brand and website design, this includes a non-refundable 30% deposit upon acceptance of your proposal with the remaining balance divided into even monthly payments due at the beginning of the project start date throughout the course of the collaboration.
Should you decide to terminate a custom design project at any point during the design process, the initial deposit will not be reimbursed and we are entitled to payment for all work done prior to and including the day of cancellation. In the event the we cannot or will not perform the services in this agreement, you will be notified immediately and issued a refund or credit based on a reasonably accurate percentage of services rendered.
VIP DESIGN DAYS
Payment in full is requested in order to schedule your VIP Day. You may cancel your VIP Day at any time by sending a written notice in email. A full refund is available with notice of cancellation 30 days or more prior to your VIP Day. For cancellations made within 30 days of your VIP Day, a partial refund of 50% of the invoice total will be issued.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
You guarantee ownership or the permission to use all intellectual property you provide to the designer, such as text, images, artwork and designs. You agree to indemnify and hold harmless the designer from any intellectual property infringement claims regarding any and all materials you provide to the designer.
1. INFORMATION THAT WE COLLECT
Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, and telephone number. This information is only collected with your knowledge and consent when you provide it to us voluntarily on our website or any mobile application. For example, you may provide personal information when you fill out our contact form, make a purchase, or sign up for our newsletter. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website, making purchases, or using our services.
Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return, or exchange products or services. We store limited financial data. Most financial data is transferred to our payment processor, Stripe or PayPal. You can review these processors’ Privacy Policies to determine how they use, disclose, and protect your financial data.
SOCIAL NETWORKING DATA
We may access personal information from social networking sites and apps such as Facebook, Instagram, or other social networking sites not named specifically here, which may include your name, social network username, location, profile picture, and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
2. HOW WE USE YOUR INFORMATION
We rely on a number of legal bases to collect, use, and share your information, including a) as necessary to fulfill our contractual obligations, such as processing your orders, b) circumstances under which you have provided affirmative consent, such as signing up for our newsletter, and c) to comply with a legal obligation or in connection with a legal claim if necessary. Specifically, we may use the information and data described above to:
• Create and administer your account
• Deliver any products or services purchased by you
• Correspond with you and provide customer service
• Process payments or refunds
• Interact with you via social media
• Send you our newsletter or other updates about our company, products or services
• Request feedback from you
• Administer contests or giveaways
• Compile anonymous statistical data about the use of our website
• Assist law enforcement as necessary
• Prevent fraudulent activity on our website
• Analyze trends to improve our website and offerings
3. GROUNDS FOR USING AND PROCESSING YOUR DATA
The information we collect and store is used primarily to allow us to offer goods and services for sale. In addition, we may collect, use, and process your information based on the following grounds:
Legitimate Business Interests: We may use and process your data for our legitimate business interests, which include, among other things, communicating with you, improving our goods or services, improving our website, and providing you with the information or products that you have requested.
Performance of a Contract: We may use and process your information to enter into a contract with you and to perform our contractual obligations to you.
Consent: We may use your data, or permit selected third parties to use your data, based on your consent to our use and sharing of that data. You may withdraw your consent at any time, but doing so may affect your ability to use our services or other offerings.
As required by law: We may also use or process your data as required for us to comply with legal obligations.
4. WHY WE DISCLOSE YOUR INFORMATION
The following are specific reasons why we may share your information:
Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery, communications, and customer service. We do not authorize them to use or disclose your personal information except in connection with providing our company with their services.
By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Interaction With Others and Posting Online: If you interact with others on our website, such as commenting on a blog post, other users may have access to some of your data, including your name and profile picture. When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care when including links to other websites on our site, we do not regularly monitor the websites of these third parties and are not responsible for any damage or consequences suffered by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.
5. THIRD-PARTIES WE WORK WITH
Our website is built on Showit and hosted through WPEngine, both located in the United States. You can read about their privacy policies here (https://showit.co/privacy/) and here (https://wpengine.com/legal/privacy/).
Dropbox is used to store some administrative and accounting information, such as invoices and expenses. They are Privacy Shield certified and you can read more about their policy here: https://www.dropbox.com/privacy
PayPal is one of our available payment processors when you make a purchase. You can review their privacy statement here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full
Other Service Providers: I engage other trusted third parties to perform functions and provide services to my business, such as for product fulfillment and delivery. Your personal information may be shared with these third parties, but only to the extent necessary to perform the services you request.
6. TRACKING TECHNOLOGIES
Like many other websites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
We may receive email confirmations when you open an email from us. This allows us to determine if users are responding favorably to our email communications and to improve those communications.
Other data technologies may be used that collect comparable information for security, fraud detection, and similar purposes, to give us information about your use of our website, and to improve our website and service offerings to you.
7. WEBSITE ANALYTICS
We use the open source Plausible Analytics to count website visits, downloads, etc. This helps us analyze overall trends in our website traffic and make better strategic decisions without tracking individual visitors or generating any persistent identifiers. All data is aggregated data only, is carried out anonymously, and is isolated to a single day. No cookies are used and no personal data is stored. You can read more about their privacy practices here: https://plausible.io/data-policy
We also use the Hotjar tracking tool on select pages to analyze session recordings. The data collected is about your interactions on the site (e.g. where you click, scroll your mouse, move in between pages). This enables us to see how users interact with our site and to make improvements accordingly for a better user experience. Sensitive data such as IP addresses or input data (e.g. credit card numbers, phone numbers, email addresses) are not collected.
8. INTERNATIONAL DATA
Our website is built on Showit and hosted through WPEngine, both located in the United States. Therefore, some of your data may be transferred internationally to and stored on those servers. In addition, we may use third-party processors located in the United States and other jurisdictions, which may have different data protection and government surveillance laws than your jurisdiction. For example, we use Dubsado for our business management and contact form integration, which is based in the United States. We may transfer data that we collect to locations outside of our headquarters for processing or storing. For example, we may engage other third parties to process payments and fulfill orders.
We use all reasonable methods to protect the safety of your data during transfer, including hosting our website on reputable servers and engaging reputable third-party processors. By using this site and providing us with information, you consent to this transfer, processing, and storage of your information in accordance with this policy.
While, we take all reasonable steps to make sure your data is treated securely, the transmission of data via the internet is never completely secure, and we cannot guarantee the security of data that is sent to us electronically. Your transmission of data to us is at your own risk.
Where data that you have transmitted to us is password protected, you are responsible for keeping the password confidential. You are exclusively responsible for any breaches of your data that results from your own disclosure of or failure to protect your password.
9. DATA RETENTION
We retain personal data as long as needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will be kept for no longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
We will honor your request to delete your data, as described more fully below, unless we are required by law to retain access to the data. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we have transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.
10. SECURITY OF YOUR INFORMATION
This website is not designed for use by children under age 18, and we do not knowingly solicit personal data from anyone under age 18. If you are under age 18, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 18, please contact us so that we may delete that data.
12. SENSITIVE DATA
13. YOUR RIGHTS
You have certain rights with respect to your personal data, as outlined below. We reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at firstname.lastname@example.org.
Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third-party processors, and for what purposes. We will supply you with copies of Your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to our use of your information.
Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests may incur a reasonable fee.
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defence of legal claims. Such a request may result in a termination of your account with us.
Emails Communications: You may opt out of receiving future email correspondence from us by clicking the unsubscribe button at the footer of our email newsletters.
Processing: You may, in some circumstances, restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third-party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note, however that doing so may result in the termination of your account.
If you would like to exercise any of these rights or have any questions or concerns, please contact us at email@example.com
Carrie Hendrix • The Creative Accent • Henri Knutsplein, 3540 Herk-de-Stad, Belgium
14. NEWSLETTER PRIVACY
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. We do not ever sell your information to third parties.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email firstname.lastname@example.org.
THIRD PARTY DISCLAIMER
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.
We make no warranties as to our products, services or related materials. You agree that our products, services and related materials are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the products, services or related materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, or content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our products, services, programs, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.