Effective Date: May 30, 2025
Welcome to FnsCreator! These Terms and Conditions (“Terms”) govern your access to and use of the website www.fnscreator.com (the “Website”) and all services provided by FnsCreator (collectively, the “Services”), including but not limited to Web Development, App Development, Graphic Design, Digital Marketing, UI/UX Design, and Website Maintenance.
By accessing or using our Website and Services, you agree to be bound by these Terms, our [Link to your Privacy Policy] Privacy Policy, and our [Link to your Refund and Dispute Policy] Refund and Dispute Policy. If you do not agree to these Terms, please do not use our Website or Services.
1. Definitions
- “FnsCreator,” “we,” “us,” “our”: Refers to FnsCreator, a company providing digital services.
- “Client,” “you,” “your”: Refers to the individual or entity accessing or using our Website or Services.
- “Services”: Refers to all services provided by FnsCreator, including but not limited to Web Development, App Development, Graphic Design, Digital Marketing, UI/UX Design, and Website Maintenance.
- “Project”: Refers to a specific scope of work agreed upon between FnsCreator and the Client.
- “Project Agreement”: Refers to any written proposal, contract, statement of work, or other document outlining the specific details, scope, deliverables, timelines, and payment terms for a Project.
2. Services Offered
FnsCreator offers a range of digital services. The specific details, scope, deliverables, timelines, and pricing for each Project will be outlined in a separate Project Agreement, which will form an integral part of these Terms. In case of any conflict between these Terms and a Project Agreement, the terms of the Project Agreement shall prevail for that specific Project.
3. Client Responsibilities
As a Client engaging with FnsCreator, you agree to:
- Provide Timely Information: Furnish all necessary information, content (text, images, videos, etc.), feedback, and approvals required for the Project in a timely manner. Delays caused by the Client may impact Project timelines and incur additional costs.
- Review and Approval: Promptly review deliverables and provide constructive feedback and approvals as per the Project Agreement.
- Cooperation: Cooperate fully with FnsCreator to ensure the smooth execution of the Project.
- Accuracy of Information: Ensure that all information provided to FnsCreator is accurate, complete, and does not infringe upon any third-party rights.
- Compliance: Ensure that your use of the Services and any content you provide complies with all applicable laws, regulations, and these Terms.
4. Payment Terms
- Pricing: All pricing for Services will be specified in the Project Agreement.
- Payment Schedule: Payments are typically made in installments (e.g., upfront deposit, milestone payments, final payment), as detailed in the Project Agreement.
- Invoicing: Invoices will be issued according to the agreed payment schedule.
- Late Payments: FnsCreator reserves the right to suspend or cease work on a Project if payments are not made according to the agreed schedule. Late payments may incur interest charges at a rate of [e.g., 2% per month or the maximum legal rate] on the overdue amount.
- Taxes: All fees are exclusive of applicable taxes, duties, or levies, which will be added to the invoice where required by law.
- Refunds: Refunds are subject to our [Link to your Refund and Dispute Policy] Refund and Dispute Policy.
5. Intellectual Property Rights
- Client Content: You retain all intellectual property rights in any content, materials, or information you provide to FnsCreator for the Project (“Client Content”). You grant FnsCreator a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display the Client Content solely for the purpose of performing the Services. You represent and warrant that you have all necessary rights to provide the Client Content to FnsCreator and that its use will not infringe any third-party rights.
- FnsCreator Deliverables: Upon full and final payment for a Project, FnsCreator will transfer ownership of the intellectual property rights in the final deliverables specifically created for you as part of the Project (e.g., finished website code, final graphic design files) to you, unless otherwise specified in the Project Agreement.
- FnsCreator Tools & Resources: FnsCreator retains all intellectual property rights in its proprietary tools, methodologies, templates, pre-existing code, libraries, and general knowledge used to create the deliverables. These are licensed to you for your use solely in conjunction with the deliverables created for you.
- Portfolio Rights: FnsCreator reserves the right to display the completed Project in its portfolio and for marketing purposes, unless otherwise agreed upon in writing.
6. Project Revisions and Changes
- Scope Creep: Any requests for work outside the original scope of the Project Agreement (“scope creep”) will be subject to a separate change order, which may incur additional fees and extend the Project timeline.
- Revision Rounds: The number of revision rounds for each deliverable will be specified in the Project Agreement. Additional revision requests beyond the agreed-upon number may be charged at an hourly rate.
7. Confidentiality
Both parties agree to keep confidential all non-public information obtained from the other party during the course of the Services, including but not limited to business plans, technical data, pricing, and client information, unless required by law or necessary for the performance of the Services.
8. Warranties and Disclaimers
- Service Warranty: FnsCreator warrants that the Services will be performed in2 a professional and workmanlike manner, in accordance with generally accepted industry standards.
- No Guarantees: While FnsCreator strives for excellence, we do not guarantee specific results (e.g., sales, rankings, traffic) from our Digital Marketing Services due to the inherent volatility of external factors (e.g., search engine algorithm changes, market competition).
- “As Is” Basis: The Website and Services are provided on an “as is” and “as available” basis, without any warranties of any3 kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Third-Party Services: FnsCreator is not responsible for the performance or reliability of any third-party services, software, or platforms (e.g., hosting providers, content management systems, social media platforms) used in connection with the Services.
9. Limitation of Liability
To the maximum extent permitted by law, FnsCreator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website or Services; (b) any conduct or content of any third party4 on the Website; or (c) unauthorized access, use, or alteration of your transmissions or content.
In no event shall FnsCreator’s aggregate liability for all claims relating to the Services exceed the total amount paid by you to FnsCreator for the specific Project giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless FnsCreator, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any rights of a third party, including intellectual property rights; or (d) any Client Content you provide.
11. Termination
- By Client: You may terminate a Project at any time by providing written notice to FnsCreator. Termination will be subject to the terms of the Project Agreement and our https://fnscreator.com/refund-and-dispute-policy/ Refund and Dispute Policy.
- By FnsCreator: FnsCreator may terminate a Project or your access to the Services if you breach these Terms or the Project Agreement, fail to make timely payments, or for any other legitimate business reason. In such cases, FnsCreator will provide written notice and may retain any payments made for work completed.
- Survival: Sections pertaining to Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General Provisions shall survive any termination of these Terms.
12. Governing5 Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Your Country/Jurisdiction, e.g., the Kingdom of Saudi Arabia]. Any dispute, controversy, or claim6 arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be first attempted to be resolved amicably through good-faith negotiations. If7 a resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts located in [Your City/Region, e.g., Al Jubail, Eastern Province].
13. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy, Refund and Dispute Policy, and any applicable Project Agreement, constitute the entire agreement between you and FnsCreator regarding your use of the Website and Services.
- Severability: If any provision8 of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver:9 No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FnsCreator’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Force Majeure: FnsCreator shall not be liable for any delay or failure to perform its obligations hereunder due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of FnsCreator. FnsCreator may assign or transfer these Terms or its rights and obligations without restriction.
14. Changes to These Terms
FnsCreator reserves the right to modify or update these Terms at any time. We will notify you of any material changes by posting the updated Terms on our Website with a revised “Effective Date.” Your continued use of the Website or Services after such changes constitutes your acceptance of the new Terms.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: info@fnscreator.com
