LEGAL
Terms of Service.
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.
4. Deposits, fees & payment
Most engagements begin with a non-refundable deposit (commonly $99) that secures your spot on our schedule and covers initial discovery. Remaining fees are invoiced according to the milestones in your Project Order.
Invoices are due on receipt unless otherwise stated. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may pause work or suspend hosting on accounts more than 30 days past due. Recurring hosting fees are billed in advance and auto-renew until cancelled in writing with at least 30 days' notice.
All fees are stated in U.S. dollars and are exclusive of taxes, which are your responsibility.
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.
6. Intellectual property
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).
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 unless your Project Order says otherwise.
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 the end of the current billing period with at least 30 days' written notice. On termination you remain responsible for all 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
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Material changes will be communicated to active clients by email or through the Site. Continued use of the Site or Services after the change takes effect constitutes acceptance of the updated Terms.
15. Contact
Questions about these Terms? Reach us through the contact form on our homepage or call (508) 579-9582.
