01. About these terms
These Terms of Service apply to your use of flutterbycreatives.com, operated by Flutterby Enterprises, LLC dba Flutterby Creatives (“Flutterby Creatives,” “we,” “us,” or “our”), located in Montana, United States.
By using this website, you agree to these terms. If you engage us for services, your accepted proposal or written project agreement sets out the specific scope, fees, schedule, deliverables, and other project terms. If a project agreement conflicts with these website terms, the project agreement controls for that project.
02. Services & project agreements
We provide website design, branding and identity design, and graphic design for print and digital use. Sending an inquiry or booking a discovery call does not by itself create a client relationship or reserve a project start date.
Work begins after the scope and terms are agreed and any required deposit is received. Hosting, ongoing maintenance, content updates, and third-party subscriptions are included only when specified in your project agreement.
03. Working together
Clients are responsible for supplying accurate content and materials, securing the rights to use anything they provide, and giving feedback and approvals within agreed timelines. Please review names, contact details, prices, links, copy, and other project content before final approval.
Delays in receiving materials, feedback, approvals, or payment may affect delivery dates. We will discuss material schedule or scope changes with you.
04. Fees, payments & cancellations
Your proposal or project agreement specifies fees, payment dates, deposit requirements, and any cancellation or refund terms. A non-refundable deposit may be required where stated in that agreement and permitted by law. Unless otherwise agreed, final payment is due before final delivery or launch.
Completed design work is generally non-refundable, subject to your project agreement and applicable law. We may pause work for overdue payments after notifying you.
Either party may request termination in writing. Payment for work already performed, any committed third-party costs, treatment of deposits, and delivery of completed materials will be handled under the project agreement and applicable law.
05. Revisions & changes
Included revision rounds are described in your proposal or project agreement. Additional concepts, new deliverables, or changes outside the agreed scope may require additional fees and time. We will discuss and obtain agreement on additional work before proceeding.
06. Ownership & design files
Your rights in final approved deliverables, including any transfer of ownership or license to use them, are described in your project agreement and generally take effect after full payment. Editable source files, working files, unused concepts, and preliminary drafts are included only where agreed.
Third-party fonts, stock imagery, software, and other licensed materials remain subject to their owners’ license terms. Our existing tools, reusable materials, and know-how remain ours unless expressly agreed otherwise.
We may showcase completed, publicly released work in our portfolio and promotional materials, subject to the project agreement and any confidentiality restrictions. Please discuss any requested portfolio restrictions before the project begins.
07. Hosting & third-party services
Projects may use hosting, domain registration, scheduling, content management, fonts, stock assets, or other third-party services. Unless your agreement states otherwise, you are responsible for the required accounts, subscriptions, renewals, and license costs.
Third-party services have their own terms and policies. Their availability, pricing, and functionality can change, and we do not control their outages or other actions.
08. Using this website
You may browse the site and contact us for legitimate business purposes. Do not attempt unauthorized access, interfere with site operation, submit spam or malicious content, impersonate someone else, or use the site for unlawful purposes.
The website’s original design, text, and graphics are owned by or licensed to Flutterby Creatives. Portfolio work may include client-owned and third-party materials. Viewing the website does not grant a license to reproduce or commercially reuse those materials.
We may decline a project or restrict abusive or unlawful use, subject to applicable law.
09. Privacy & communications
Our Privacy Policy explains how we handle website inquiries and personal information. Contacting us allows us to respond about your inquiry; it does not enroll you in a marketing list.
10. Disclaimers & limitations
We aim to provide accurate website information, but the site is provided on an “as available” basis without guarantees of uninterrupted availability or error-free content. Design services do not guarantee a particular sales result, search ranking, audience response, or other business outcome.
To the extent permitted by law and subject to any controlling project agreement, we are not liable for indirect, incidental, or consequential damages arising from use of the site or services. For a service-related claim, our total liability is limited to the amount paid for the services giving rise to that claim.
Nothing in these terms excludes liability or limits rights that cannot lawfully be excluded or limited.
11. Governing law
These terms are governed by the laws of the State of Montana, without regard to conflict-of-law principles, except where applicable law requires otherwise. Please contact us first about a concern so we have an opportunity to discuss a practical resolution. Any additional dispute-resolution terms will be stated in your project agreement.
12. Changes to these terms
We may revise these website terms and will update the effective date when we do. Changes apply prospectively and do not automatically amend an existing signed project agreement. Continued use of the site after revised terms are posted is subject to the revised terms, to the extent permitted by law.
13. Questions about these terms?
Flutterby Enterprises, LLC dba Flutterby Creatives
Montana, United States
designer@flutterbycreatives.com