Terms &
Conditions

Last updated: 22 July 2026

1. Agreement to Terms

These Terms & Conditions ("Terms") form a legal agreement between you ("you," "the client") and WND Creative LLC, a New Mexico limited liability company ("WND," "we," "us," or "our"). By accessing this website, requesting a proposal, or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

2. Our Services

WND Creative provides web design and development, branding and identity, marketing, and consulting services. The specific services, deliverables, timeline, and fees for any engagement will be set out in a separate proposal, statement of work, or written agreement ("Project Agreement"). Where a Project Agreement conflicts with these Terms, the Project Agreement controls for that engagement.

3. Proposals, Quotes & Scope

Proposals and quotes are valid for thirty (30) days unless stated otherwise. Work is limited to the scope described in the Project Agreement. Requests that fall outside that scope ("change requests") may require additional time and fees, which we will communicate and agree with you in writing before proceeding.

4. Fees & Payment

• Unless otherwise agreed, projects require a non-refundable deposit before work begins, with the balance due per the schedule in the Project Agreement.
• Invoices are payable within the number of days stated on the invoice (typically 14 days from the invoice date).
• Payments may be made through the methods we make available, including secure online payment via our client portal or payment links. Payment processing is handled by third-party providers subject to their own terms.
• Late payments may incur interest and/or a late fee where permitted by law, and we may pause work on overdue accounts until the balance is settled.
• Recurring services (such as retainers, care plans, hosting, or ad management) are billed on the agreed cycle and continue until cancelled in accordance with the Project Agreement.
• All fees are exclusive of applicable taxes unless stated otherwise.

5. Client Responsibilities

To deliver on time, we rely on you to provide content, assets, access, feedback, and approvals promptly. You are responsible for the accuracy and legality of any materials you supply and confirm you have the rights to use them. Delays in providing what we need may affect timelines and costs.

6. Intellectual Property & Ownership

Upon full payment of all fees due for an engagement, ownership of the final deliverables created specifically for you transfers to you, except as noted below. Until full payment is received, WND retains all rights to the work.

• WND retains ownership of any pre-existing materials, tools, source files, frameworks, and know-how used to create the deliverables, and grants you a license to use them as part of the final work.
• Third-party assets (fonts, stock imagery, plugins, software) remain subject to their own licenses, which may require ongoing fees paid by you.
• Unless you request otherwise in writing, WND may display and describe the completed work in our portfolio and marketing materials.

7. Revisions & Approvals

The number of revision rounds included is specified in the Project Agreement. Additional revisions beyond that allowance are billed at our standard rates. Your written approval of a deliverable (including approval by email or through the client portal) is deemed acceptance of that deliverable.

8. Third-Party Services

Projects may rely on third-party platforms and services (for example hosting, domain registrars, e-commerce platforms, analytics, and payment processors). We are not responsible for the availability, performance, or policies of these third parties, and their use is subject to their own terms.

9. Warranties & Disclaimers

We perform our services with reasonable skill and care. Except as expressly stated, our services and this website are provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that a website will be error-free, uninterrupted, or achieve any particular business result, ranking, or level of traffic or sales.

10. Limitation of Liability

To the fullest extent permitted by law, WND Creative will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to an engagement will not exceed the total fees paid by you to WND for that engagement in the three (3) months preceding the event giving rise to the claim.

11. Termination

Either party may terminate an engagement as set out in the Project Agreement or on written notice for material breach that is not cured within a reasonable period. On termination, you agree to pay for all work performed and expenses incurred up to the termination date. Deposits are non-refundable. Sections relating to payment, intellectual property, disclaimers, and liability survive termination.

12. Changes to These Terms

We may update these Terms from time to time. The current version will always be posted on this page with its effective date. Continued use of our website or services after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-laws principles. Any dispute will be subject to the exclusive jurisdiction of the state and federal courts located in New Mexico.

14. Contact

Questions about these Terms? Contact us at hello@wndcreative.com or call 305-697-9634.