Terms of Service

By using this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Five Star Creative’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website or services.

The term ‘Five Star Creative” or ‘us’ or ‘we’ refers to the company and its employee(s). The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited by our terms and conditions and US and international copyright law.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of The United States of America and possibly the laws of your home country.

Contract and Terms of Use

1. Payment Terms

Unless otherwise specified in the applicable proposal or contract, a non-refundable deposit equal to fifty percent (50%) of the total project fee is due prior to the commencement of work. The remaining balance is due within thirty (30) calendar days following project completion or the date of the final invoice, whichever occurs first.

Any unpaid balance shall accrue interest at the maximum rate permitted by applicable law. The Client shall also be responsible for all reasonable costs incurred in the collection of overdue accounts, including collection agency fees, court costs, and reasonable attorney’s fees where permitted by law.

Five Star Creative reserves the right to suspend, disable, or remove access to any website, hosting account, or related services if payment remains outstanding for more than thirty (30) days.

2. Scope of Services

The services provided by Five Star Creative are limited to those specifically identified in the proposal, invoice, or written agreement. Any services requested outside the agreed scope shall be considered additional work and may be subject to separate fees.

Before performing any out-of-scope work, Five Star Creative will provide the Client with an estimate of the additional cost and, when applicable, an estimated completion timeline. No additional work will begin until authorized by the Client.

3. Project Timeline

Five Star Creative will make every reasonable effort to complete projects within the estimated timeline. However, all delivery dates are estimates and are contingent upon timely cooperation from the Client.

Project delays may occur due to circumstances including, but not limited to:

Failure of the Client to provide required content, approvals, or materials;
Delays caused by third-party vendors, hosting providers, or domain registrars;
Technical issues outside Five Star Creative’s control; or
Events constituting Force Majeure.

If a delay occurs, Five Star Creative will notify the Client and provide a revised estimated completion date.

4. Technical Limitations

Five Star Creative shall not be liable for website interruptions, errors, or damages resulting from circumstances beyond its reasonable control, including but not limited to:

Web hosting or server failures;
Internet outages;
Cyberattacks, hacking attempts, malware, or viruses;
Third-party software, plugins, themes, or integrations;
Domain registrar issues; or
Changes made by the Client or third parties after project completion.

5. Acceptance of Work and Bug Reporting

The Client shall review all completed work promptly upon delivery.

Any defects, bugs, or concerns must be submitted in writing within ten (10) business days after delivery of the completed services.

If no written notice is received within this period, the work shall be deemed accepted by the Client.

Requests submitted after the acceptance period shall be treated as new work or change requests and billed at Five Star Creative’s then-current rates.

6. Third-Party Hosting

If the Client elects to use a web hosting provider that is not recommended or managed by Five Star Creative, Five Star Creative makes no warranty regarding compatibility, uptime, performance, or functionality.

Five Star Creative shall not be responsible for issues arising from the hosting environment selected by the Client.

7. Cancellation and Refunds

Payments made for web design, development, consulting, marketing, or other professional services are non-refundable.

If the Client cancels a project after work has begun, all payments previously made shall be retained by Five Star Creative as compensation for work performed. Any completed work beyond amounts already paid may be invoiced separately.

A cancellation fee of Fifty Dollars ($50.00) may also be assessed to cover administrative costs.

Nothing in this section limits Five Star Creative’s right to recover payment for work completed prior to cancellation.

8. Ownership and Intellectual Property

Unless otherwise agreed in writing, all designs, source code, graphics, documents, and other deliverables created by Five Star Creative remain the exclusive property of Five Star Creative until all outstanding invoices have been paid in full.

Upon receipt of full payment, ownership of the custom website design and custom-developed website code shall transfer to the Client, except for:

Third-party software, plugins, themes, fonts, stock photography, or licensed assets;
Open-source software governed by its respective license;
Proprietary development tools, frameworks, templates, or reusable code owned by Five Star Creative.

Five Star Creative retains ownership of its proprietary methods, reusable code libraries, and development processes.

9. Complimentary Support

Unless otherwise stated in writing, each website project includes thirty (30) days of complimentary minor updates beginning on the date the Client receives the initial design mockup.

Minor updates may include small text edits, image replacements, or other minor adjustments determined at the sole discretion of Five Star Creative.

Requests involving new functionality, redesigns, additional pages, integrations, or significant revisions are not included and will be billed separately.

10. Client Content and Legal Compliance

The Client represents and warrants that all text, graphics, images, logos, trademarks, videos, software, and other materials supplied for inclusion in the project are either owned by the Client or used with appropriate permission.

The Client assumes sole responsibility for ensuring that all website content and business activities comply with applicable federal, state, local, and international laws and regulations.

Five Star Creative shall not be responsible for any infringement claims or legal issues arising from materials supplied by the Client.

11. Limitation of Liability

To the fullest extent permitted by law, Five Star Creative shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

Loss of profits;
Loss of business opportunities;
Loss of revenue;
Loss of data;
Loss of goodwill;
Business interruption; or
Delays in project completion.

Five Star Creative’s total cumulative liability arising out of any claim relating to the services provided shall not exceed the total amount actually paid by the Client under the applicable agreement.

12. Indemnification

The Client agrees to defend, indemnify, and hold harmless Five Star Creative, its owners, employees, contractors, and affiliates from and against any claims, damages, liabilities, losses, judgments, costs, and expenses, including reasonable attorney’s fees, arising from:

Materials supplied by the Client;
The Client’s use of the website or services;
The Client’s violation of applicable laws;
Alleged infringement of intellectual property rights; or
The Client’s breach of this Agreement.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental actions, war, terrorism, labor disputes, utility failures, internet outages, cyberattacks, supplier failures, or other unforeseen events.

Performance shall resume as soon as reasonably practicable after the event has ended.

14. Entire Agreement

These Terms of Service, together with any proposal, estimate, invoice, statement of work, or written agreement between the parties, constitute the entire agreement between Five Star Creative and the Client and supersede all prior oral or written communications relating to the services provided.

Any amendment or modification must be made in writing and agreed to by both parties.

Last Updates June 24th, 2026.