Terms of Service.

1. Acceptance of Terms

By accessing phemecreative.com or signing a project proposal with us, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you should not use the site or engage our services.

We may update these Terms from time to time. Continued use of the site or services after a revision constitutes acceptance of the updated Terms.

2. Services

Pheme Creative provides web design, web development, brand strategy, and related digital services. The exact scope of any engagement is defined in a written proposal or statement of work signed by both parties.

Anything outside the agreed scope is considered a change request and may incur additional fees and timeline adjustments.

3. Engagement & Project Scope

Each project begins with a written proposal that defines deliverables, milestones, fees, and timelines. The proposal becomes binding once signed and the initial deposit invoice is paid.

You agree to provide content, feedback, and approvals within the timeframes outlined in the proposal. Delays in your responses may extend the project timeline accordingly. If a project stalls for more than 30 days due to a lack of client response, we reserve the right to pause the project and assess a restart fee.

4. Fees & Payments

Fees are quoted in U.S. dollars and are exclusive of any applicable taxes. Unless stated otherwise, projects require a 50% deposit before work begins, with the remaining balance due upon project completion and before final delivery or launch.

Invoices are due within fourteen (14) days of issue. Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.

Recurring services such as hosting, maintenance, or marketing retainers are billed monthly in advance and continue until cancelled in writing with thirty (30) days’ notice.

5. Intellectual Property

Upon final payment in full, you receive full ownership of the final deliverables produced specifically for your project, including custom designs, copy, and source code.

Pheme Creative retains ownership of any pre-existing tools, libraries, and frameworks used to build your project. We are also granted a perpetual, non-exclusive license to display the completed work in our portfolio and case studies.

Third-party assets (such as fonts, stock images, and plugins) remain subject to their original licenses. We will identify any such assets and their licensing terms during the project.

6. Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement, including business strategies, financial information, and unreleased materials.

This obligation continues for two (2) years following the end of the engagement and does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

7. Warranties & Disclaimers

We warrant that the services will be performed in a professional and workmanlike manner consistent with industry standards.

Except as expressly stated, the website and services are provided “as is” without warranty of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

8. Limitation of Liability

To the maximum extent permitted by law, Pheme Creative’s total liability arising out of or related to the services will not exceed the total fees paid by you in the six (6) months preceding the event giving rise to the claim.

In no event will Pheme Creative be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, even if advised of the possibility of such damages.

9. Termination

Either party may terminate an engagement for cause if the other party materially breaches these Terms or the project agreement and fails to cure the breach within fifteen (15) days of written notice.

You may terminate without cause at any time, in which case you remain responsible for fees for work completed up to the termination date, plus any non-refundable third-party costs already incurred on your behalf. Deposits are non-refundable.

10. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising under these Terms will be resolved in the state or federal courts located in Miami-Dade County, Florida.

11. Contact

Questions about these Terms can be sent to hello@phemecreative.com.