01About these terms
These terms apply to every project, retainer and consultation provided by Acroative Designs, the independent studio of Mark James (“Acroative”, “we”, “us”), and to your use of acroative.com. By approving a proposal, paying an invoice or using this website, you agree to them. If a signed proposal or contract says something different, that document wins for that project.
02Services & proposals
Every project begins with a written proposal setting out the scope, deliverables, timeline and fees. Work starts once the proposal is approved in writing and the deposit is paid. Anything not listed in the proposal is outside the scope and will be quoted separately.
03Fees & payment
- Projects start with a 50% deposit unless the proposal says otherwise. The balance is due on completion, or in milestone payments for larger projects.
- Invoices are payable within 14 days of issue, in the currency shown on the invoice.
- Retainers are billed monthly in advance. Unused hours do not roll over unless agreed in writing.
- Late payment may pause work, and final files are released once all invoices are paid.
- Third-party costs such as hosting, domains, software subscriptions, stock assets, fonts and ad spend are paid by you, or passed on at cost.
04Your responsibilities
You agree to provide the content, access and feedback the project needs on time, and to name one person who can approve work. You confirm that anything you supply (text, images, logos, data) is yours to use or properly licensed, and that it does not break any law or anyone else’s rights. Delays in feedback or materials may move the timeline.
05Revisions & changes
Each stage includes the rounds of revisions set out in your proposal, normally two. A revision refines the agreed direction; a new direction, new pages or new features count as a change in scope. Changes in scope are quoted before any work begins and may affect the timeline.
06Timelines
Timelines in a proposal are estimates made in good faith, based on prompt feedback and materials. We will keep you informed if anything moves. We are not responsible for delays caused by late feedback, third-party services or events outside our reasonable control.
07Ownership & intellectual property
- Once all invoices are paid in full, ownership of the final deliverables created for you passes to you.
- Drafts, unused concepts and working files remain ours unless the proposal includes them.
- Tools, code libraries, templates, methods and know-how we already had, or develop for general use, stay ours. You receive a permanent licence to use them as part of your deliverables.
- Fonts, stock assets, plugins and third-party software are covered by their own licences, which you must keep to.
08Third-party tools & AI
We use third-party platforms and AI tools to design, build and automate. These services are run by other companies, so we cannot guarantee their availability, pricing or future features. AI-generated material is reviewed by a person before it is delivered, but you are responsible for checking that final content is accurate and suitable for your business, especially for legal, medical or financial claims.
09Confidentiality
We keep your confidential information private and only use it for your project. This includes business plans, customer data, logins and unreleased work. Confidentiality continues after the project ends. If you need a separate non-disclosure agreement, we are happy to sign one.
10Portfolio & credit
Unless you ask us not to in writing, we may show the finished work in our portfolio, case studies and social media, and include a small credit on websites we build. We never share confidential information, and we will wait until launch before showing anything.
11Cancellation & termination
Either party can end a project with written notice. If you cancel, you pay for the work completed up to that point; the deposit is non-refundable once work has begun. Retainers can be cancelled with 30 days’ written notice. We may end a project if invoices remain unpaid or these terms are seriously broken.
12Warranties & liability
We carry out all work with reasonable skill and care. We cannot guarantee specific business results such as sales, rankings or growth, as these depend on many factors outside our control. To the extent the law allows, our total liability for any project is limited to the fees you paid for that project, and we are not liable for indirect losses such as lost profit, revenue or data.
13Using this website
The content of acroative.com, including the design, text, images and code, belongs to Acroative or the clients and partners who own it. Client logos and project images are shown with credit as examples of our work. You may not copy or reuse them without permission. The site is provided as is, and we may change it at any time.
14Governing law
These terms are governed by the laws of Malaysia. Any dispute will first be discussed in good faith; if it cannot be resolved, it will go to the courts of Malaysia.
15Changes & contact
We may update these terms from time to time. The date at the top of this page shows the latest version, and the version in place when you approve a proposal applies to that project. Questions about these terms? Email hey@acroative.com.