Terms & Conditions

KREATIVE SPLASH

Terms and Conditions of Service

Effective Date: March 28, 2025

Last Updated: March 28, 2026

Registered: State of Delaware, United States of America

Website: https://kreativesplash.com

Contact: info@kreativesplash.com  |  +1 (302) 345-5837

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENGAGING OUR SERVICES OR USING OUR WEBSITE. BY PROCEEDING WITH A PURCHASE, SIGNING A PROJECT AGREEMENT, OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Parties and Agreement

These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between Kreative Splash (“Company”, “we”, “us”, “our”), a business incorporated in the State of Delaware, United States of America, and the individual or entity engaging our services or using our website (“Client”, “you”, “your”).

These Terms govern your use of our website at kreativesplash.com and all services provided by Kreative Splash, whether initiated through our website, email, phone, WhatsApp, or any other communication channel. These Terms are supplemented by any project-specific written agreement or Statement of Work (“SOW”) entered into between the parties. In the event of conflict between these Terms and a project-specific agreement, the project-specific agreement shall prevail to the extent of the inconsistency.

By engaging our services, making any payment, or signing any project agreement or proposal, you acknowledge that you have read, understood, and agreed to these Terms in their entirety. If you do not agree, you must not engage our services.

2. Services Offered

Kreative Splash provides the following professional digital marketing and technology services:

• SEO & Content Marketing — search engine optimisation strategies, keyword research, on-page and off-page SEO, and content creation designed to improve organic search rankings and drive qualified traffic
• Social Media Management — strategy development, content creation, scheduling, community management, and performance reporting across major social platforms
• Website Design & Development — design, development, testing, and launch of responsive, professional websites built to convert visitors into customers
• Mobile App Development — native and cross-platform mobile application development for iOS and Android platforms
• Branding & Logo Design — brand identity creation including logo design, brand guidelines, colour palettes, typography, and visual identity systems
• 2D/3D Animation & Video — animated explainer videos, product animations, motion graphics, and video production
• E-commerce Development — design and development of online stores and e-commerce platforms with payment gateway integration
• Influencer Marketing — identification, outreach, campaign management, and performance tracking for influencer partnerships

The specific scope, deliverables, timeline, and fees for each engagement are defined in the project-specific proposal or Statement of Work provided to the Client prior to commencement of work. Services not expressly listed in the agreed SOW are considered out of scope and subject to additional fees.

3. Proposals, Quotes and Acceptance

All proposals and quotes issued by Kreative Splash are valid for 30 days from the date of issue unless otherwise stated. After this period, prices and timelines are subject to change without notice.

A project is formally accepted and work will commence only upon:

• The Client’s written acceptance of the proposal or Statement of Work (by email, signature, or other written confirmation)
• Receipt of the agreed deposit payment as specified in the proposal

Verbal agreements or informal communications do not constitute acceptance of a proposal. Kreative Splash reserves the right to decline any project at its sole discretion.

4. Payment Terms

4.1 Payment Structure

Payment terms vary depending on the nature and size of the engagement, and will be clearly specified in the project proposal or SOW. Our standard payment structures are:

• Project-based work: A deposit of 50% of the total project fee is required prior to commencement of work. The remaining 50% balance is due upon project completion and prior to final delivery of files or launch of the project.
• Monthly retainer services: Retainer fees are invoiced at the beginning of each calendar month and are due within 7 days of the invoice date. Work for the upcoming month will not commence until payment is received.
• Upfront payment: For smaller projects or at our discretion, 100% of the project fee may be required in advance.

4.2 Accepted Payment Methods

We accept payment via bank transfer, major credit and debit cards, and other methods as communicated at the time of invoicing. All fees are quoted and invoiced in United States Dollars (USD) unless otherwise agreed in writing.

4.3 Late and Missed Payments

Time is of the essence with respect to payment obligations. If a Client fails to make any payment by the due date:

• Work on the project will be paused immediately and will not resume until the outstanding payment is received in full.
• Kreative Splash reserves the right to place the account on hold, withhold delivery of any completed work, and suspend access to any deliverables already provided.
• Kreative Splash further reserves the right to charge interest on overdue amounts at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower), calculated from the due date until the date of actual payment.
• If payment remains outstanding for more than 30 days, Kreative Splash may terminate the agreement in accordance with Section 11 of these Terms and pursue recovery of all amounts owed, including reasonable legal fees and collection costs.

4.4 Taxes

All fees quoted by Kreative Splash are exclusive of applicable taxes, including but not limited to sales tax, VAT, GST, or any other government-imposed levy. The Client is responsible for paying any applicable taxes in their jurisdiction in addition to the fees quoted. Where Kreative Splash is required by law to collect and remit tax, it will add such tax to the invoice.

5. Revisions and Scope of Work

The number of revision rounds included in each project is specified in the individual package or Statement of Work, as revision entitlements vary by service type and package tier.

A revision is defined as a request to amend work already delivered in accordance with the original agreed brief. Revisions do not include:

• Changes to the original project brief or scope
• New design directions or concepts not discussed in the original brief
• Requests made after the revision period or rounds specified in the agreement have been exhausted
• Additions, new features, or functionality not included in the original SOW

Any work requested beyond the agreed revision rounds or outside the original scope will be treated as additional work and quoted separately. Kreative Splash will provide a revised proposal for any out-of-scope requests, and work will not proceed until the Client has approved the additional quote in writing.

The Client is responsible for providing clear, consolidated feedback within the timeframes specified in the project timeline. Delayed feedback from the Client may result in revised delivery dates and additional costs, for which Kreative Splash shall not be held liable.

6. Client Responsibilities

The successful delivery of our services depends on timely and adequate cooperation from the Client. The Client agrees to:

• Provide all necessary materials, content, assets, access credentials, and information required for the project in a timely manner
• Designate a single point of contact with authority to provide feedback and approvals on behalf of the Client’s organisation
• Review and respond to deliverables, proofs, and requests for approval within the timeframes agreed in the project timeline
• Ensure that all materials, content, and information provided to Kreative Splash do not infringe any third-party intellectual property rights, privacy rights, or applicable laws
• Obtain all necessary licences, permissions, and consents for any third-party content, images, music, or other materials the Client requests Kreative Splash to incorporate into the work
• Promptly notify Kreative Splash of any changes to their requirements, business circumstances, or contact details that may affect the project

Kreative Splash shall not be held liable for any delays, errors, or failure to deliver caused by the Client’s failure to fulfil these responsibilities. Any resulting delays may extend the project timeline and may attract additional fees.

7. Performance Guarantees and Service Standards

7.1 Our Commitment

Kreative Splash is committed to delivering high-quality work and achieving measurable results for our clients. Where performance guarantees are offered as part of a specific service package, such guarantees will be explicitly stated in the relevant package description or Statement of Work and will be subject to the conditions set out in this section.

7.2 Conditions for Performance Guarantees

Any performance guarantee offered by Kreative Splash is conditional upon:

• The Client fulfilling all payment obligations on time
• The Client providing timely cooperation, feedback, approvals, and access as required
• The Client implementing all recommendations made by Kreative Splash as part of the service
• The Client not making unauthorised changes to website code, content, or configurations that may interfere with the work
• External factors beyond our control — including but not limited to search engine algorithm changes, social media platform policy changes, market conditions, and competitor activity — not materially impacting the expected outcomes

7.3 Limitation on Guarantees

No guarantee offered by Kreative Splash constitutes a guarantee of specific financial outcomes, revenue growth, or profit. Results in digital marketing are inherently subject to factors outside our control. Where a performance metric is not achieved within the agreed timeframe due to circumstances within our control, we will work with the Client to identify remedial actions at no additional charge.

Guarantees do not extend to and Kreative Splash accepts no liability for: loss of business, loss of profits, loss of anticipated savings, or any indirect or consequential loss arising from failure to achieve a guaranteed metric.

8. Intellectual Property Rights

8.1 Ownership During the Project

All work product, designs, code, content, and materials created by Kreative Splash in the course of delivering services (“Work Product”) remain the exclusive intellectual property of Kreative Splash until all outstanding payments have been received in full from the Client.

Until full payment is received, the Client has no right to use, reproduce, modify, distribute, or exploit any Work Product in any form. Any use of Work Product prior to full payment being received constitutes an infringement of Kreative Splash’s intellectual property rights.

8.2 Transfer of Ownership Upon Full Payment

Upon receipt of full payment of all fees due under the applicable agreement, Kreative Splash will assign to the Client all rights, title, and interest in and to the final agreed deliverables, to the extent they constitute original works created specifically for the Client under that agreement. This assignment excludes:

• Pre-existing intellectual property owned by Kreative Splash, including proprietary frameworks, tools, templates, processes, and methodologies
• Third-party materials, stock assets, fonts, software, or plugins incorporated into the Work Product, which remain subject to their respective third-party licences
• The right of Kreative Splash to display the Work Product in its portfolio, on its website, and in marketing materials, unless the Client expressly requests otherwise in writing prior to project commencement

8.3 Client-Provided Materials

The Client warrants that any materials, content, logos, images, data, or other assets provided to Kreative Splash for use in the project are owned by the Client or that the Client has obtained all necessary rights and permissions for their use. The Client indemnifies Kreative Splash against any claims, losses, or damages arising from the Client’s breach of this warranty.

8.4 Portfolio Rights

Kreative Splash retains the right to display all completed work in its portfolio, website, social media channels, and marketing materials, including the Client’s name, business name, and the nature of the services provided, unless the Client explicitly requests in writing prior to project commencement that such display be restricted. Such restriction requests will be considered on a case-by-case basis.

9. Confidentiality

Both parties acknowledge that in the course of this engagement, each may have access to confidential information belonging to the other party, including but not limited to business plans, strategies, financial information, client lists, technical data, and proprietary processes (“Confidential Information”).

Each party agrees to:

• Keep all Confidential Information strictly confidential
• Not disclose Confidential Information to any third party without the prior written consent of the disclosing party
• Use Confidential Information solely for the purpose of fulfilling obligations under this agreement
• Apply the same degree of care to protecting the other party’s Confidential Information as it applies to its own confidential information, but in no event less than reasonable care

These confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this agreement; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives the disclosing party prompt written notice and reasonable assistance to seek a protective order.

Confidentiality obligations under this section survive termination of the agreement for a period of three (3) years.

10. Cancellation and Project Termination by Client

A Client may request cancellation of a project at any time by providing written notice to Kreative Splash. The terms of cancellation are assessed on a case-by-case basis, taking into account the following principles:

• All deposits paid are non-refundable. The deposit compensates Kreative Splash for time invested in onboarding, planning, research, and initial work undertaken prior to and following project commencement.
• Where work has commenced beyond the deposit stage, the Client will be invoiced for all work completed up to the date of the cancellation notice, calculated on a pro-rata basis against the total project fee. This amount is payable within 14 days of the cancellation notice.
• Where a Client cancels a monthly retainer arrangement, a minimum of 30 days written notice is required. The Client remains liable for all fees due during the notice period.
• In cases where cancellation is requested due to a material failure by Kreative Splash to deliver agreed services, the parties will negotiate a fair resolution in good faith, which may include partial refunds or remediation work.

Kreative Splash will discuss any cancellation request in good faith and endeavour to reach a fair resolution. However, we reserve the right to retain all fees earned for work completed up to the point of cancellation.

11. Termination by Kreative Splash

Kreative Splash reserves the right to terminate any project or service agreement immediately upon written notice to the Client in the following circumstances:

• The Client fails to make any payment when due and does not remedy the failure within 7 days of written notice
• The Client breaches any material term of these Terms or a project agreement and fails to remedy the breach within 14 days of written notice
• The Client engages in conduct that is abusive, threatening, discriminatory, or otherwise inappropriate toward Kreative Splash staff
• The Client requests that Kreative Splash produce content or materials that are illegal, defamatory, fraudulent, or in violation of any third party’s rights
• Kreative Splash reasonably determines that continuing the engagement would cause reputational, legal, or financial harm to the business

Upon termination by Kreative Splash in these circumstances, the Client will be invoiced for all work completed to date and all fees paid in excess of work completed will be refunded, less any costs incurred. No refund of deposit will be made where termination results from the Client’s breach.

12. Refund Policy

Kreative Splash’s refund policy is as follows:

• Deposits are strictly non-refundable under all circumstances, as they compensate for time and resources allocated to the project from the outset.
• Refunds on amounts paid beyond the deposit are only available where Kreative Splash has materially failed to deliver the agreed services as specified in the project SOW and has been given a reasonable opportunity to remedy the failure and has not done so.
• No refund will be issued for completed and approved work. Client approval — whether express or implied by the Client’s failure to raise objections within the review period — constitutes acceptance of the delivered work.
• No refund will be issued for delays or project overruns caused by the Client, including delayed feedback, delayed provision of materials, or changes to the project brief.
• Refund requests must be submitted in writing to info@kreativesplash.com within 14 days of the relevant delivery date. Requests submitted after this period will not be considered.

All refund requests will be reviewed and responded to within 10 business days of receipt. Approved refunds will be processed within 14 business days via the original payment method where possible.

13. Limitation of Liability

THIS SECTION LIMITS KREATIVE SPLASH’S LIABILITY TO YOU. PLEASE READ IT CAREFULLY.

To the maximum extent permitted by applicable law, Kreative Splash’s total aggregate liability to the Client for any claims arising out of or in connection with these Terms or any project agreement — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total fees paid by the Client to Kreative Splash in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall Kreative Splash be liable for:

• Loss of profits, revenue, business, or anticipated savings
• Loss of data or business information
• Loss of goodwill or reputation
• Indirect, incidental, special, consequential, or punitive damages of any nature
• Any damages arising from the Client’s use or inability to use third-party platforms, tools, or services
• Search engine ranking changes, algorithm updates, or social media platform policy changes that affect campaign performance
• Any loss or damage arising from the Client’s failure to maintain adequate backups of their own data and systems

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

14. Warranties and Disclaimers

Kreative Splash warrants that:

• Services will be performed with reasonable skill, care, and diligence by qualified professionals
• We have the right to enter into this agreement and to provide the services described
• The Work Product, to the best of our knowledge, will not infringe any third-party intellectual property rights (subject to the Client’s warranties in Section 6)

Except as expressly stated in these Terms or in a specific project agreement, all warranties, conditions, and representations — express or implied — are excluded to the fullest extent permitted by law. In particular, Kreative Splash makes no warranty that services will be uninterrupted or error-free, or that any particular business outcome will be achieved.

The Client acknowledges that digital marketing results are influenced by many factors beyond Kreative Splash’s control, including search engine algorithm changes, competition, market conditions, and the Client’s own business practices and operations.

15. Website Use and Acceptable Conduct

By accessing and using kreativesplash.com, you agree that you will not:

• Use the website in any way that is unlawful, fraudulent, or harmful
• Transmit any unsolicited or unauthorised advertising or promotional material
• Knowingly transmit any data or material containing viruses, malware, or other harmful code
• Attempt to gain unauthorised access to any part of the website or its underlying systems
• Copy, scrape, or reproduce any content from the website without our prior written consent
• Use any automated tools to access or interact with the website in a manner that places an unreasonable load on our servers

Kreative Splash reserves the right to restrict or terminate your access to the website at any time without notice if we reasonably believe you have breached any of these conditions.

16. Third-Party Links and Services

Our website may contain links to third-party websites, platforms, and services. These links are provided for convenience and informational purposes only. Kreative Splash has no control over, and accepts no responsibility for, the content, privacy policies, or practices of any third-party website or service.

The inclusion of any link on our website does not imply our endorsement of that website or service. We recommend that you review the terms and privacy policies of any third-party website you visit.

17. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions or restrictions, war, civil unrest, power outages, internet infrastructure failures, or actions of third-party service providers.

The affected party must notify the other party in writing as soon as reasonably practicable upon becoming aware of a force majeure event and its expected duration. Both parties will use reasonable efforts to minimise the impact of any force majeure event and to resume performance as soon as practicable.

If a force majeure event continues for more than 60 days, either party may terminate the agreement upon written notice, and the Client shall be entitled to a pro-rata refund of any pre-paid fees for services not yet delivered, less any costs already incurred by Kreative Splash.

18. Dispute Resolution

In the event of any dispute, claim, or disagreement arising out of or in connection with these Terms or any project agreement, the parties agree to attempt to resolve the matter through the following process:

• Step 1 — Negotiation: Either party may initiate dispute resolution by providing written notice to the other party. The parties agree to attempt to resolve the dispute through good-faith negotiation within 30 days of such notice.
• Step 2 — Mediation: If negotiation fails to resolve the dispute within 30 days, either party may refer the matter to a neutral third-party mediator agreed upon by both parties. The costs of mediation shall be shared equally unless otherwise agreed.
• Step 3 — Arbitration or Litigation: If mediation is unsuccessful, disputes may be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), or through the courts of competent jurisdiction as set out in Section 19.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm.

19. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Subject to Section 18, the parties submit to the exclusive jurisdiction of the courts of the State of Delaware for the resolution of any disputes. However, this does not limit the rights of consumers in the EU, UK, or Canada to rely on the mandatory consumer protection laws of their own jurisdiction.

20. General Provisions

20.1 Entire Agreement

These Terms, together with any project-specific proposal, Statement of Work, or written agreement signed by both parties, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, warranties, and understandings.

20.2 Amendments

Kreative Splash reserves the right to update or modify these Terms at any time. Material changes will be communicated by updating the “Last Updated” date on this page and, where appropriate, by direct notification to active clients. Continued engagement with our services following notification of changes constitutes acceptance of the revised Terms.

20.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20.4 Waiver

No failure or delay by Kreative Splash in exercising any right, power, or remedy under these Terms shall constitute a waiver of that right, power, or remedy. Any waiver must be in writing and signed by an authorised representative of Kreative Splash to be effective.

20.5 Assignment

The Client may not assign, transfer, or subcontract any of its rights or obligations under these Terms without the prior written consent of Kreative Splash. Kreative Splash may assign its rights and obligations under these Terms to any successor business or entity, provided that the Client’s rights are not materially prejudiced.

20.6 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between Kreative Splash and the Client. Kreative Splash is an independent contractor and has no authority to bind the Client in any way.

20.7 Notices

All notices required or permitted under these Terms must be in writing and delivered by email to the addresses specified in the project agreement or, in the case of notices to Kreative Splash, to info@kreativesplash.com. Notices are deemed received on the next business day following transmission, provided no delivery failure notification is received.

21. Contact Information

For any questions regarding these Terms and Conditions, please contact us:

Email: info@kreativesplash.com

Phone: +1 (302) 345-5837

WhatsApp: https://wa.me/3023455837

Address: 2810 N Church St #913394, Wilmington, DE 19802, United States

Website: https://kreativesplash.com/contact-us-digital-marketing-agency/

© 2024 Kreative Splash. All Rights Reserved. Incorporated in the State of Delaware, USA. These Terms & Conditions were last reviewed on March 28, 2026.