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Terms and Conditions PAYMENT TERMS Payment for all services is required upfront, prior to the commencement of any work. Failure to provide payment will result in a delay or cancellation of services. For recurring services, payment must be made at the beginning of each billing period. Failure to pay within five (5) days of the due date will result in automatic cancellation of services, with no penalty, and service will continue until the end of the current billing period. INTELLECTUAL PROPERTY AND USAGE RIGHTS The Creative Solution retains full usage rights to all work produced unless otherwise agreed upon in writing. The transfer of rights will only occur upon full payment of all outstanding fees. Any work provided is for the exclusive use of the client and may not be resold, distributed, or reused without express written permission. CLIENT RESPONSIBILITIES It is the client's responsibility to follow through with any purchases or software required for the effective completion of the project. The Creative Solution does not cover the cost of any services, software, or tools suggested or required for the project. Failure to comply with recommendations may impact the quality and timeline of the project, and The Creative Solution will not be held liable for any resulting delays or issues. LIABILITY The Creative Solution will not be held liable for any damages, losses, or issues that arise from the project, as all final decisions are made by the client. The client assumes full responsibility for the outcomes of their choices and directives. LIMITATION OF DAMAGES; RELEASE To the extent permitted by applicable law, in no event shall The Creative Solution, its affiliates, directors, employees, licensors, or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from: (a) The use, disclosure, or display of your content; (b) Your use or inability to use the services provided; (c) The services generally or the software or systems that make the services available; or (d) Any other interactions with The Creative Solution or with any other user of the services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not The Creative Solution has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you. CONFIDENTIALITY The Creative Solution is committed to protecting the confidentiality of all sensitive information provided by the client. If additional protection is required, a Non-Disclosure Agreement (NDA) can be signed upon request. CHANGES AND ADDITIONAL WORK Any changes to the scope of work, or additional work requested by the client, may incur additional charges. These charges will be discussed and agreed upon in writing before any additional work begins. TERMINATION The Creative Solution reserves the right to terminate this agreement at any point, with a minimum of three (3) days' notice to the client. The client may terminate the agreement at any time before work has begun without penalty. If the client terminates the agreement after work has commenced, a cancellation fee of fifty percent (50%) of the total project cost will be applied. For services provided under a retainer agreement, specific terms of the retainer will apply. DISPUTE RESOLUTION In the event of any disputes arising out of or in connection with this agreement, the parties agree to first seek resolution through mediation before pursuing any other legal remedies. EMAIL MAY NOT BE USED TO PROVIDE NOTICE Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to TysonSpainSolutions@gmail.com Opting out may prevent you from receiving messages regarding the Site, the Service or special offers. MODIFICATION OF TERMS AND CONDITIONS We can amend these Terms and Conditions at any time and will update these Terms and Conditions in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued payment of Services signifies your agreement to our revisions to these Terms and Conditions. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon onboarding. For this additional reason, you should keep your contact information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid. GENERAL TERMS If any part of this Terms and Conditions agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This agreement shall be governed by and construed in accordance with the federal laws of the United States of America and the laws of the State of Washington, without regard to conflict of law provisions. Any disputes that result in legal proceedings shall be brought in a court of competent jurisdiction within Washington State, unless another governing body takes precedence. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THE TERMS AND CONDITIONS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.