LEGAL
Terms of Service.
Last updated: July 26, 2026
These Terms of Service ("Terms") govern your access to and use of the Skycrest Creative website (the "Site") and the design, development, branding, and hosting services we provide (collectively, the "Services"). By accessing the Site, requesting a quote, paying a deposit, or otherwise engaging Skycrest Creative ("Skycrest," "we," "us," or "our"), you ("you" or "Client") agree to these Terms. If you do not agree, do not use the Site or our Services.
1. Who we are
Skycrest Creative is a creative studio based in Clearwater, Florida, USA, offering brand identity design, web design and development, and managed hosting for the websites we build. References to "us" or "our" in these Terms refer to Skycrest Creative.
2. Scope of services
Specific deliverables, timelines, and pricing for each engagement are described in a written proposal, statement of work, or order confirmation (a "Project Order"). The Project Order, together with these Terms, forms the agreement between you and Skycrest for that engagement. If there is a conflict between a Project Order and these Terms, the Project Order controls for that engagement only.
We may decline any project at our discretion, including projects that would conflict with our values, existing client commitments, or legal obligations.
3. Hosting & management
Skycrest Creative offers managed hosting only for websites that we design and develop. This includes performance tuning, uptime monitoring, security updates, backups, and ongoing maintenance for the websites we build.
We do not host or take over management of pre-existing websites that were not designed and developed by Skycrest Creative. If you have an existing site and want it professionally hosted by us, we are happy to discuss a redesign or rebuild on our stack.
Hosting service levels, scheduled maintenance windows, included monthly maintenance hours, and any usage limits are described in your hosting Project Order. We make commercially reasonable efforts to maintain high availability but do not guarantee uninterrupted or error-free service.
3a. Hosting & AI usage
Our flat-rate managed hosting covers website hosting, security updates, monitoring, backups, and routine maintenance for sites that we designed and built. The current monthly rate is $19/month per site and is also reflected on our Site and in your Project Order. While this base plan does not include artificial intelligence (AI) services, we offer a full suite of AI integrations—including AI chat assistants, content and image generation, intelligent search, and custom agents—as an optional add-on, all of which are available on-demand and billed through a flexible credit system so you only pay for usage your business requires.
Clients retain full rights and access to the source code of the websites we build for them upon written request. Database entries, logs, telemetry, and other records generated while a site is hosted on Skycrest infrastructure remain the operational property of Skycrest Creative and are not transferred at hosting termination, except where required by applicable law.
4. Deposits, fees & payments
We will provide a formal project quote based on the scope of work for your review. Once you have approved the quote, a non-refundable deposit (commonly $99) is required to secure your spot on our schedule and officially begin your project. The remaining balance is due only after the work has been completed to your written approval.
All fees paid to Skycrest Creative are non-refundable. Our offerings are professional services and ongoing hosting — not physical products. Because design, development, and hosting consume time and infrastructure the moment they are delivered, we do not issue refunds for deposits, completed project balances, or hosting fees that have already been billed for the current period.
Project work does not begin until the deposit is paid, and completed project files are delivered only after the final balance is paid, so we do not charge interest or late fees on project invoices. If a project balance remains unpaid, deliverables simply stay on hold until payment is received.
Recurring hosting fees are billed in advance through Stripe and auto-renew each month until you cancel. You can cancel at any time from the billing portal linked in your dashboard; cancellation stops future billing at the end of the current paid period and does not refund the current period. If a scheduled hosting payment fails, Stripe automatically retries your card and your site remains live for a six (6) day grace period from the first failed attempt. If payment is not restored within that window, the hosting subscription and any hosted site tied to it may be automatically suspended until payment is restored or the subscription is reactivated. If you cancel the subscription outright (rather than a failed payment), suspension may take effect immediately at the end of the current paid period without a grace period.
All fees are stated in U.S. dollars and are exclusive of taxes, which are your responsibility.
4a. Project initiation & estimates
Public pricing on our Site (deposits, hourly support, hosting) is provided as a starting point. The specific pricing, payment milestones, timeline, revision rounds, deliverables, and any third-party costs for your engagement will be formally outlined in a custom Project Order — typically a written proposal or quote/estimate ("Project Sheet") — that we provide after you request a quote and we have enough scope to estimate accurately.
Estimates we share verbally or in early conversations are non-binding until they are documented in a Project Sheet that you accept in writing or by paying the associated deposit. Work begins only after (a) the Project Sheet has been accepted and (b) the deposit has been received. Scope changes requested after acceptance may be quoted as a written change order under the same terms.
4b. Post-launch content updates & changes
Once your website is live, day-to-day content edits — things like copy tweaks, swapping a hero image, refreshing a team bio, or publishing a new post — can typically be handled by you directly through the custom CMS we set up, depending on the scope of your site. We're also happy to make those changes for you on request.
Small content and maintenance updates handled by Skycrest are billed at our current hourly rate of our standard hourly rate, rounded to the nearest quarter hour and invoiced after the work is delivered.
Larger updates, new feature builds, page or section redesigns, and full site redesigns fall outside hourly support. We quote those as a flat-fee new project based on scope, and they follow the same deposit, approval, and payment flow as any other engagement.
The hourly rate above and our project pricing may be updated at any time as described in Section 14.
5. Client responsibilities
To deliver great work on time, we rely on you to: provide accurate project information; supply content, brand assets, and approvals on schedule; respond to feedback requests within a reasonable timeframe; secure all necessary rights to materials you provide; and maintain the security of any account credentials you receive from us.
Delays caused by missing materials, feedback, or approvals may shift the project timeline and may incur additional fees if they require us to re-engage after the project has been paused.
5a. Project approvals, cancellation & abandonment
Payment & deliverable release. The final project balance is due immediately upon your approval of the final project proof. Final deliverables (source files, exports, code, and any launch handoff) will not be released, transferred, or launched until the final invoice has been paid in full.
Mid-project cancellation fee. If you choose to cancel a project after design or development work has begun but before final approval, you agree to pay a pro-rated cancellation fee representing the percentage of scope, costs, and labor completed up to the cancellation date. Any deposit already paid is applied against that amount and remains non-refundable.
Project abandonment. If a project is paused due to client delays, unresponsiveness, or missing materials for more than thirty (30) consecutive days, the project is considered abandoned and officially terminated. All deposits and milestone payments received to that point are forfeited, and restarting the engagement will require a new proposal, a new deposit, and new scheduling.
Content responsibility. You are responsible for providing all text, images, brand assets, product data, and any other content you want included in the build, along with the rights to use them. Skycrest Creative is not liable for project delays caused by missing, delayed, or incomplete client content.
Scope changes & add-ons. Any requested changes, additions, or feature enhancements outside the originally approved quote will be treated as a separate Add-On Quote. Work on additional features will begin only after the Add-On Quote is approved by the client. Add-ons do not require an additional deposit — all approved add-ons will be added to the final balance invoice and must be paid in full before final deliverables are released.
Browser & platform compatibility. Websites we build are optimized for the latest stable versions of modern browsers on desktop, tablet, and mobile devices. We do not guarantee compatibility with outdated, legacy, or unsupported browsers, operating systems, or devices.
6. Intellectual property & website ownership
On full payment of all amounts due for an engagement, you receive a worldwide, royalty-free license — or, where specified in the Project Order, ownership — of the final deliverables prepared specifically for you (for example, your finalized logo, brand system, or website source code).
Website code ownership. Upon written request and provided your account is fully paid and in good standing, the Client retains full rights and access to the source code of any website Skycrest Creative designed and developed for them. We will provide a current export of the site's source code in a reasonable format on request.
Database content generated during hosting. Database records, user data, transactional data, content management entries, uploaded media, logs, and other records generated within Skycrest Creative's managed hosting infrastructure are part of our hosted service environment and are not transferred with the source code export. If you need a copy of specific business-critical data we will work with you on a reasonable data-export scope; bulk database handoff is not included with the code export.
Skycrest retains ownership of all underlying tools, frameworks, components, code libraries, design systems, processes, and know-how used to create the deliverables, as well as any preliminary concepts, drafts, or working files not delivered to you. We may display completed work in our portfolio and marketing materials, as well as include a discreet design credit (such as "Designed by Skycrest Creative") in the site footer, which you may opt out of upon written request.
Third-party assets (fonts, stock imagery, plugins, hosting infrastructure, etc.) remain subject to their own licenses, which are passed through to you on the same terms.
7. Acceptable use
You agree not to use the Site or Services to: violate any law or third-party right; transmit malware, spam, or harmful code; attempt to gain unauthorized access to our systems; reverse engineer or resell our Services without permission; or host content that is illegal, infringing, defamatory, or sexually exploitative of minors. We may suspend or terminate Services for any violation of this section.
8. Confidentiality
Each party agrees to keep the other's non-public business and technical information confidential and to use it only as needed to perform under these Terms. This obligation survives termination of the engagement.
9. Warranties & disclaimers
We perform our Services in a professional and workmanlike manner. Apart from that express warranty, the Site and Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or Services will be uninterrupted, error-free, or completely secure.
10. Limitation of liability
To the maximum extent permitted by law, Skycrest Creative will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages. Our total aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the fees you actually paid to Skycrest for the Services giving rise to the claim in the twelve (12) months preceding the event giving rise to liability.
11. Indemnification
You agree to defend, indemnify, and hold harmless Skycrest Creative and its owners, employees, and contractors from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of (a) content, data, or materials you provide to us; (b) your use of the Services in violation of these Terms or applicable law; or (c) your infringement of any third-party right.
12. Termination
Either party may terminate an engagement for material breach if the breach is not cured within fifteen (15) days of written notice. Hosting may be cancelled by either party at any time through the billing portal or in writing; cancellation takes effect at the end of the current paid billing period and the hosted site may be taken offline once that period ends. On termination you remain responsible for any fees earned through the termination date and any non-cancellable third-party costs.
13. Governing law & disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. The exclusive jurisdiction and venue for any dispute arising out of these Terms will be the state and federal courts located in Pinellas County, Florida, and each party consents to that jurisdiction. Each party waives any right to a jury trial to the extent permitted by law.
14. Changes to these Terms & pricing
We may update these Terms, our service offerings, and our pricing (including deposits, project rates, hourly support rates, hosting fees, and any add-ons) at any time and at our sole discretion. When we update these Terms we will update the "Last updated" date at the top of this page. Material changes — including pricing changes that affect an active engagement or recurring hosting subscription — will be communicated to active clients by email or through the Site before they take effect. Continued use of the Site or Services after a change takes effect constitutes acceptance of the updated Terms and pricing.
15. Skycrest Monthly Website Grant
Skycrest Creative may, at its discretion, select one eligible business each month to receive a complimentary website design and development project (the "Monthly Website Grant" or "Grant"). The Grant is a goodwill program, not an advertised sale, contest, sweepstakes, or random drawing, and no purchase or payment of any kind is required to apply.
Eligibility. Applicants must be an independently owned business, nonprofit, or community organization that is legitimately operating, able to supply the content, feedback, and approvals a website project requires, and able to maintain hosting after launch. Preference is given to businesses located in the Tampa Bay area. Existing Skycrest clients with an active project are not eligible. We may request reasonable documentation to confirm eligibility.
Selection. Skycrest Creative selects the recipient in its sole discretion based on eligibility, project fit, readiness, anticipated impact, and other reasonable criteria. Submitting an application does not create any right to be selected, and we may decline to select any recipient in a given month.
Scope of the complimentary project. The selected recipient does not pay the standard project deposit and does not pay a remaining project balance before launch. The Grant covers a single website project within a defined scope documented in a written Project Order before work begins. Anything outside that documented scope — including additional pages, new functionality, integrations, custom applications, content creation, or additional revision rounds beyond those stated — is not included and may be quoted and billed separately at our then-current rates.
Hosting requirement. As a condition of the Grant, the website must remain hosted by Skycrest Creative on our standard monthly hosting plan. If the recipient moves the site off our hosting, the Grant benefit ends and we may invoice the standard project fee for the work performed, at our discretion.
Hosting and third-party costs are not included. Hosting is not provided as a permanently free service. Following launch, the recipient is responsible for our standard monthly hosting fee as described in Section 3 and Section 4, and for domain registration and renewal, email services, paid integrations, licensed media, payment processing fees, and any other third-party or recurring services applicable to the site.
Post-launch work. Edits, additions, maintenance beyond what a hosting plan includes, new functionality, redesigns, or any other work requested after the original website project is completed and launched may be billed separately in accordance with Section 4b. The Grant does not include unlimited or ongoing design, development, maintenance, or support of any kind.
Other limitations. The Grant has no cash value, is non-transferable, may not be combined with other offers or discounts, and may not be exchanged for a credit toward a different service. If a recipient fails to provide required content, approvals, or cooperation within a reasonable time, we may pause, reschedule, or withdraw the Grant and the project may be treated as abandoned under Section 5a. Recipients may be asked — but are never required — to allow us to feature the finished work in our portfolio and marketing.
Program changes. Skycrest Creative may modify, suspend, or discontinue the Monthly Website Grant, including its eligibility criteria, scope, and frequency, at any time and at its sole discretion, without notice and without liability to applicants.
