Terms of Service

Please read these Terms of Service carefully before using our Services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


Definitions

For the purposes of these Terms of Service:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Texas, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Creative Monarch Design Services™, 9212 Fry Rd Ste 105 # 303 Cypress, TX 77433.
  • Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
  • Service – Encompasses custom funeral and memorial programs, church and pastoral anniversary programs, flyers, announcements, marketing materials, and website.
  • Deposit – A non-refundable 50% payment is required before work begins.
  • Revisions – Edits or changes requested by the Client to their design project.
  • Final Invoice – The remaining balance due before the final design is released.
  • Terms of Service (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website refers to Creative Monarch Design Services™, accessible from www.creativemonarchdesigns.com.
  • You (referred to as either "the Client," "You," or “Your” in this Agreement) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


Acknowledgment

These are the Terms of Service that govern the use of our Service and the agreement that operates between You and the Company. The Terms of Service set out the rights and obligations of all users regarding the use of the Service.


Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service.  The Terms of Service apply to all visitors, users, and others who access or use the Service.


By accessing or using the Service, You agree to be bound by these Terms of Service. If You disagree with any part of these, then You may not use our Service.


You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.


Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.


Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.


The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.


We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.


Scope of Services

Creative Monarch Design Services™ specializes in crafting custom memorial programs, church and pastoral anniversary programs, announcements, flyers, and marketing materials.

  • The scope of each project will be outlined in the specific agreement between our Company and the Client to ensure clarity and precision.
  • Printing is not provided; refer to the "Printing Services" section below for more information.


Payment Terms

  • A 50% deposit is required before work begins.
  • The remaining balance is due before the final delivery of the design project.
  • Payments are due based on the terms and forms of payment outlined on the invoice. Checks are not accepted.
  • Starting on the fourth day after the final invoice date, a fee of $10.00 will be incurred for each additional day.


Design Requests & Communication

Clients must contact the Company through the official website, email, or phone for all design work requests.

All requests must include the following details:

  • Contact Information (Name, email address, and phone number)
  • Event Details (Title, Location, Date, and Time)
  • Photos (JPEG or PNG format)
  • Obituary / Wording Preferences
  • Requested Format (Print, Digital with QR Code, or PDF)
  • A Dropbox Upload Link will be provided for photos and applicable documents.
  • No text submissions allowed
  • All files must be emailed OR UPLOADED VIA DROPBOX or the Freshbooks Client Portal.
  • This will ensure that the information you provide is logged with your design project.
  • A $10 fee applies if photos are sent via text.


Project Turnaround & Client Availability

Program, Flyer & Announcement Design

Typical project turnaround time is 4-7 business days upon receipt of all required materials, as outlined in the Design Requests & Communication section above. We request that you provide contact us at least 4 days prior to the date of the service, if not the design will be deemed an expedited services and will incur an expedited service charge.


Expedited services for program, flyer, and announcement designs are available upon request and are subject to an additional service fee, as outlined below:

  • 24-hours: $150.00
  • 48-hours: $125.00
  • 72-hours: $100.00


Logo Design

Typically involves a more detailed branding process with multiple revisions. Timeframe varies based on complexity, ranging from 1-4 weeks. Expedited services are available upon request for logo design, and are subject to an additional service fee which will be discussed during consultation.


Delays may occur if the necessary content or feedback is not provided in a timely manner. Clients must be available to communicate throughout to ensure smooth and timely completion.


Design Proofs & Revisions

If Company sends any type of sample of a Deliverable ("Proof")  to Client, Client will inspect the Proof to verify that it materially conforms to the applicable specifications specified in the Statement of Work, including the spelling and designs. Client will provide written notice to Company detailing the nonconformities in the Proof (if any) within two (2) days after receiving the Proof. If Client does not provide such notice, the Proof will be deemed accepted by Client, and Company will begin preparing any related final Deliverables and final invoice. If Client notifies of nonconformities after two (2) days, Company may charge additional fees. Client acknowledges that Proofs may not be calibrated press quality and are for internal review and approval only.

Watermarked proofs will be delivered either by email and/or through the Company's FreshBooks Client Portal.

Clients must respond within 24-48 hours of receiving a proof.

Three (3) revisions are included in the design price.

  • Additional revisions start at $25.00 for the fourth edit, increasing by $5.00 per additional edit (i.e., $30.00 for the fifth edit, $35.00 for the sixth edit, $40.00 for the seventh edit, and so forth).
  • The Client holds the FINAL RESPONSIBILITY to review the proof(s) to ensure that there are no errors.
  • No additional changes can be made once the client has given final approval.


No Refund Policy

Due to the custom nature of our services, all payments are non-refundable once a project has started.


Responsibility for Provided Photos

The Client is solely responsible for ensuring they own or have permission to use any photos provided. The Company is not liable for any copyright claims related to materials supplied by the Client.


Digital Programs

Digital Access - The Company offers programs with QR codes for seamless online digital program viewing upon request. This service provides easy access to digital versions of your program, hosted securely on our website, for a $ 25.00 fee.

  • All digital content hosted on the Company’s website remains the intellectual property of Creative Monarch Design Services™.
  • Clients may use and share QR codes and/or program links only for their intended purpose.


Printing Services

The Company does not provide printing; however, it can be provided, upon request, through a third-party printing company. If printing services are requested, the Client will be responsible for reviewing and approving the final proof before production begins.

  • The Company is not responsible for printing errors once the final proof is approved.
  • Printing is charged at cost plus 20%, as we partner with a third-party printing company.
  • Should the Client wish to proceed with the printing option, please notify us, and we will provide further information regarding pricing and delivery.


The Company will not be held liable for any errors or issues after the client has approved the final proof.


Print Quality Disclaimer

We cannot ensure print quality if you opt to receive a PDF (electronic file) of the design project and use your own printer or a third-party printing service. Any variations in color, tone, or print settings are beyond our control.


Intellectual Property Rights

Upon payment balance or full payment, exclusive rights to the final design are assigned to the Client for its intended use.

  • The Company retains the right to display the work in its website portfolio and marketing materials.
  • The Client may not resell, redistribute, or modify the design without written consent from the Company.


Termination and Right to Refuse Service

We reserve the right, at our sole discretion, to refuse service, suspend access, or terminate your account or agreement with us at any time, for any reason not prohibited by law. This includes, but is not limited to, violations of our Terms of Service; harmful behavior; activities that compromise the integrity, safety, or operation of our services; or affiliations with political parties or organizations that conflict with our values or policies. Any such action may be taken without prior notice if necessary to protect our users and business operations.


Cancellation

If the client decides to cancel the project after the design process has begun, all payments made, including deposits and full payments, will be non-refundable due to the time and resources already invested in the project.


Liability & Indemnification

The Company is not liable for any damages resulting from the use of our services or printed materials. The Client agrees to indemnify and hold harmless Creative Monarch Design Services™ from any claims arising from the use of the service.


“AS IS” & “AS AVAILABLE” Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE" without any warranties. The Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.


Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.


Governing Law & Jurisdiction

These Terms of Service are governed by the laws of the State of Texas. Any disputes will be resolved in the courts of Houston, Texas.


Dispute Resolution

Clients agree to first attempt to resolve disputes informally by contacting the Company.


For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.


United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.


Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.


Force Majeure

Except for the payment of fees, neither party will be held liable for delays or non-performance due to events beyond their reasonable control, such as natural disasters or other unforeseen circumstances.


Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.


Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.


By continuing to access or use Our Service after those changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.


Contact Us

If you have any questions about these Terms of Service, You can contact us: