TERMS & CONDITIONS
Last updated October 16th, 2023.
NOTICE: These Terms and Conditions of Use are legally binding. You are responsible for reading these Terms and Conditions of Use carefully before purchasing, using, or accessing any of our products.
The website Calmentocreative.com (hereinafter collectively “Website”) is owned by Calmento Caye Caulker Ltd., a Belize Ltd Company (referred to as “we” “us”, “our”).
General Provisions
You must be at least eighteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and make reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties regarding the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
Intellectual Property
We are the owner of all information contained on this website. We also own any and all copyrights, trademarks, design rights, and other intellectual property rights (registered and unregistered) related to the content and work product on this website.
Information on this website may be copied for personal use only. No part of this website may be reproduced, stored, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, without the author's prior written permission. Requests to the author and publisher for permission should be made by emailing us here.
We reserve all rights, and nothing in these Terms grants you a right or license to use any information provided on this website.
Website Content
All content on this website is for informational purposes only. We do not make any representations regarding the completeness or accuracy related to the information found on this website. We are not responsible or liable for the accuracy, usefulness, or availability of any information provided on this website. The access and use of any content on this website do not guarantee any specific results. We are not responsible or otherwise liable in any way for your reliance, acts, or failures to act regarding the information presented on this website. You are responsible for your own actions, and your reliance upon the content of this website is done solely at your own risk.
User-Generated Content & Blog Comments
Any user-generated content on this website (i.e. through blog comments or social media posts) will be publicly available to other users. You own the rights to any content you post on this website but agree to give Calmento Creative by Calmento Caye Caulker Ltd a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
We reserve the right to remove any content we determine to be unlawful, inappropriate, offensive, or otherwise objectionable or violates any party’s intellectual property or these Terms. By posting or submitting any material or information to this website, you agree to grant us an unlimited license so that this content can be shared on this website. If any user-generated content is found to be a copyright infringement, we will respond to and comply with any DMCA Take-Down Notices.
Purchases
If you wish to purchase any product or service made available on the website, you may be asked to supply certain information relevant to the purchase.
Payment Policy
See the Privacy Statement Security Section regarding how secure transactions are processed on this website.
Termination
We reserve the right to terminate any users for abuse of these Terms. We also reserve the right to remove unlawful, obscene, inappropriate, or otherwise undesirable shares or comments on our blog or social media channels.
Governing Law
If any part of these Terms is held to be invalid or unenforceable, that portion of the Terms will be construed with applicable law, and the remaining portions will remain in full force and effect. These Terms are governed in accordance with the laws of Belize, Central America.
Links To Other Websites
This website may contain links to third-party websites that we do not own or control. Once you leave our website or are redirected to a third-party website or application, you are no longer governed by these Terms or our website’s Privacy Policy. We have no control over and assume no responsibility for any third-party websites or services' content, privacy policies, or practices. You further acknowledge and agree that we 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.
Warranty Disclaimer
The information contained on this website is provided “as is” without warranty of any kind. We disclaim all warranties, whether express, implied, statutory, or otherwise, regarding this website to the fullest extent of the law. We make no warranties that access to this website will be uninterrupted or error-free. You assume full responsibility and assume all risks when you access this website, download any files, use any information or content, or participate in any other manner.
Limitation Of Damages
In no event shall we (or any affiliated parties) be liable to you for any loss or damages resulting from the use or display of your user-generated content, your use or access to this website, the website generally, or any other interactions with the website or us. You hereby release us from liability or responsibility for any claims related to your use, access, or reliance on this website.
Affiliate Links
This website may include “affiliate links,” wherein we receive a small commission if you make a purchase using the link. However, all opinions are our own, and we only endorse or link to products and services that we genuinely recommend. All affiliate links will be disclosed.
General Provisions General Provisions when Contracting Calmento Creative:
Calmento Creative by Calmento Caye Caulker Ltd. is a Belize Ltd. Company. The principal business place is in Cayo, Belize, Central America.
Definitions
✔ The Client means the person or company that has formally entered into the agreement. (That’s you)
✔ Calmento Creative refers to the business entity trading as Calmento Creative by Calmento Caye Caulker Ltd. , TIN: 341960. (That’s me)
✔ Quotations means a formal proposal document or price estimates provided over the phone or email.
✔ Approved copywriting brief means the materials from which the work is to be based upon, subject to the approval of the Client.
✔ Urgent work means copywriting work needed (finalized) within 7 days.
✔ Larger projects mean projects requiring more than 25 hours of work.
Terms of service
QUOTATIONS
Quotations are valid for 14 days from the submission date.
The copywriting investment will be confirmed on receipt of the approved copywriting brief from ‘the Client’ when most of the complexities of the project are known.
Any project estimates provided before ‘the Client’ approves the copywriting brief are not guarantees of delivery and should not be taken as such.
Unless specified, this proposal doesn’t include liaising with other agents, such as graphic designers or web developers, or meetings outside of the initial creative brief. Travel time will be itemized on invoices for additional onsite meetings.
The proposal includes 1 text snippet for brand-voice check and 2 sets of revisions.
APPROVAL
‘The Client’ is asked to nominate one primary contact to centralize all revisions and contact throughout the project.
A set amount of revision time is included in each quotation. If the project objectives and requirements change, requiring the work provided to be significantly altered, Calmento Creative reserves the right to charge additional writing on a time and materials basis.
Approval of the copywriting brief should be via email or will be assumed when ‘the client’ sends an amended copywriting brief to Calmento Creative. Approval of the copywriting itself is via an online approval form. If this form cannot be completed, approval should be provided in writing by 'the client’.
Proofreading will be completed once approval for the copywriting has been submitted or after version two of the copywriting is completed.
Revisions should be submitted within 4 days of each draft being delivered.
If Calmento Creative does not hear from 'the client’ and 'the client’ misses revision deadlines, or unless we agree to an alternate agreement, Calmento Creative will consider 'the client’ copy approved and will finalize the project.
These terms and conditions are implicitly agreed to on acceptance of the copywriting quote provided and the instruction to proceed.
PAYMENT
A non-refundable commencement fee of 50% of the total quoted amount is required on acceptance of the quote by ‘the Client’.
The upfront deposit paid will be deducted from the remainder (50%) due before the second draft is delivered. All revisions will be finalized as per our agreement.
‘The Client’ also can pay and save 10% with PIF (Payment in Full): Pay upfront and enjoy a 10% discount.
Payment may be made by direct deposit or PayPal.
Unless prior arrangements are made, payments not received within the specified payment terms will incur a late fee of USD 25.
If payment defaults, Calmento Creative may list ‘the Client’ with the appropriate debt collection and credit reporting agencies.
Urgent work will incur a 35% surcharge. Why? Because of the other projects shifted around to accommodate.
Any additional costs to the services ordered (including couriers, other media, and travel costs) are in addition to the amount quoted and shall be charged to ‘the Client’ as required. These costs will be itemized separately in the invoice.
‘The Client’ may terminate the job at any time. In this instance, Calmento Creative will retain ‘the Client’s’ down payment of 50% and may invoice for the time spent and work completed to date.
RETENTION OF TITLE
It is agreed that the copyright for any work delivered to ‘the Client’ remains the intellectual property of Calmento Creative until all monies due have been paid.
LIABILITY, RELEASE AND INDEMNITY
All materials provided by ‘the Client’ are assumed legal and accurate.
Calmento Creative cannot be held responsible for how the material produced is used once ‘the Client’ has approved the final draft.
‘The Client’ agrees to indemnify and to hold Calmento Creative harmless against any and all claims, costs, and expenses, including solicitors fees, due to materials included in any work undertaken at the request of ‘the Client’.
Any claim by ‘the Client’ as to incorrect performance or breach of these terms and conditions must be made to Calmento Creative in writing within seven days of delivery.
With so many factors contributing to the success of a piece of copywriting, Calmento Creative cannot guarantee the performance of the copy created for 'the Client'.
Due to the complex nature of search engine ranking, Calmento Creative cannot guarantee any specific ranking due to publishing optimized copywriting.
Calmento Creative accepts no responsibility or liability for any actions taken by ‘the Client’ that cause the website of ‘the Client’ to be penalized or banned from any Search Engine.
Calmento Creative reserves the right to assign work to subcontractors to ensure project deliverables are met. All subcontractors adhere to Calmento Creative's standards. “The Client” is not to have direct contact with the subcontractor without the authority of Calmento Creative.
Calmento Creative would like to publish the final version as part of an ongoing portfolio. If ‘the Client’ would prefer this not to occur, please notify Calmento Creative.
FORCE MAJEURE
Calmento Creative can not be responsible for missed deadlines due to force majeure/acts of God or conditions beyond Calmento Creative's control, including floods, earthquakes, explosions, fires, civil disobedience, war, epidemics/pandemics, or laws not effective as of the date of your agreement.
GOVERNING LAW
Belizean Law covers These Terms and Conditions in all respects, and any legal action arising under the contract will only be brought to the appropriate Court having jurisdiction in that country.
These Terms and Conditions may change, and all updates will always be posted on this page.
If you have any questions about the Terms & Conditions for Calmento Creative by Calmento Caye Caulker Ltd., email me here.