Legal Information
These Terms of Service describe the general business terms for Bena Creative website, design, print, NFC, QR, hosting, and related client work. These terms are general business terms and do not replace a signed project-specific agreement.
If a signed agreement, proposal, statement of work, or invoice-approved project document conflicts with these public terms, the signed agreement controls.
By requesting a quote, approving a proposal, submitting content, making a payment, or using a Bena Creative website, tool, or deliverable, you agree to these Terms of Service. If you are acting on behalf of a business or organization, you represent that you are authorized to bind that business or organization.
Bena Creative provides design, website, branding, QR, NFC, sticker, label, print coordination, and related business-support services. Services may include planning, design, production setup, deployment, hosting coordination, maintenance, or third-party integrations depending on the project.
Quotes are estimates based on the information provided at the time of pricing and may change if scope, specifications, timing, materials, or deliverables change. Bena Creative may require a deposit, milestone payments, or full payment before work begins, continues, ships, transfers, or goes live.
Invoices are due on the date listed on the invoice unless otherwise stated in writing. Late or unpaid balances may delay delivery, transfer, launch, production, support, maintenance, access to files, or release of client-owned assets until payment obligations are satisfied.
Each project is limited to the scope, deliverables, rounds of revisions, format, platform, size, quantity, or services stated in the approved quote, proposal, invoice, or written agreement. Changes outside the approved scope may require a revised quote, additional fees, or a timeline extension.
The client is responsible for timely communication, supplying required content, reviewing drafts, and giving clear approval or revision requests. Once the client approves a proof, mockup, design, text, label, print layout, live page, QR destination, NFC destination, or final deliverable, that approval authorizes production, publishing, or release.
Because creative services involve reserved time, strategy, setup, and custom work, deposits and payments already applied to work performed are generally non-refundable unless otherwise stated in writing. If a project is cancelled, the client remains responsible for approved work completed, third-party costs incurred, rush work, and any non-recoverable expenses.
Unfounded chargebacks, payment disputes, or payment reversals may result in suspension of service, revocation of access, and collection efforts for unpaid balances, related fees, and recoverable costs.
Unless otherwise stated in the project agreement, domain names, website files, source code, and repositories created specifically for the client will be made available for transfer to the client or the client’s authorized developer upon written request.
Bena Creative may register, host, or manage these assets on the client’s behalf. Bena Creative will not unreasonably withhold eligible client-owned assets, provided all outstanding invoices and contractual obligations have been satisfied.
The client is responsible for any domain-renewal, registrar, hosting, migration, transfer, or third-party fees associated with the continued operation or transfer of these assets.
Hosting, maintenance, plugins, integrations, analytics, payment processors, domains, email providers, registrars, app stores, and third-party services are subject to the third party’s own uptime, features, pricing, policies, and operational decisions. Bena Creative is not responsible for third-party outages, service discontinuation, account restrictions, platform changes, or fees charged by those providers.
Unless a maintenance or management plan is included in writing, the client is responsible for ongoing renewals, backups, updates, security monitoring, and account administration after delivery.
The client is responsible for checking spelling, measurements, ingredients, allergens, nutrition information, warnings, claims, barcodes, and legal compliance before approving any proof or print-ready file. Bena Creative provides design and printing services and does not provide legal, medical, nutritional, or regulatory certification.
Client-approved errors are not eligible for free reprints. Printed colors may vary from digital previews, screens, proofs, printers, ink sets, materials, finishes, and production runs. Minor customary variations in cutting, alignment, size, finish, and color are not defects.
Adhesion and durability depend on the selected material, surface, moisture, heat, oils, refrigeration, sunlight, chemicals, washing, and application method. The client is responsible for product testing and confirming suitability for the intended environment before large production runs or retail use.
Proofs, mockups, and digital previews are for review and approval. They are not guarantees of exact printed appearance, exact final scale, or exact real-world performance. Reprints due to print-provider error may depend on the printer’s own policies and documentation requirements. Free reprints are not available for approved designs that contain client-approved errors, late change requests, or issues caused by misuse, storage conditions, or application conditions.
Clients must own or have permission to use all logos, images, trademarks, text, product names, and artwork they provide. Bena Creative is not responsible for claims, damages, losses, or disputes caused by unauthorized client-provided content.
After full payment, the client may use the final approved custom design for the intended business purpose described in the project. Bena Creative retains unused concepts, drafts, templates, reusable components, methods, and editable working files unless transfer is included in writing.
Editable source files are not included unless specifically listed as a deliverable in the approved project documents.
Bena Creative may provide NFC tags, cards, stickers, signage, QR graphics, QR-linked pages, and related setup services for approved destinations and business uses.
Compatibility is not guaranteed with every phone, case, browser, operating system, or application. The client must test products after delivery and before distribution or permanent installation. Third-party websites and platforms are outside Bena Creative’s control.
The client is responsible for maintaining destination URLs and linked accounts unless a management plan is included. Physical damage, metal interference, bending, cutting, water, heat, or improper placement may affect NFC performance.
Bena Creative may refuse, suspend, disable, or decline products or linked destinations used for fraud, impersonation, malware, phishing, deceptive redirects, harassment, unlawful tracking, or illegal activity.
Clients must have permission before publishing another person’s private information.
If a project links to profiles, booking tools, order systems, menus, review pages, cloud files, forms, or personal contact details, the client is responsible for the accuracy, permissions, privacy settings, and ongoing management of that linked content.
Estimated timelines are not guaranteed. Production schedules, shipping carriers, holidays, weather, supply shortages, printer delays, account approvals, and third-party platform issues may affect completion or delivery dates. The client is responsible for providing correct shipping and installation information and for inspecting products promptly after receipt.
Unless the client and Bena Creative agree otherwise in writing, Bena Creative may display completed work, approved mockups, non-confidential project details, business names, and publicly visible results in portfolios, social media, case studies, proposals, and marketing materials.
Bena Creative services and deliverables are provided on an “as is” and “as available” basis to the fullest extent permitted by law. Bena Creative does not guarantee uninterrupted service, error-free operation, exact business results, exact color matches, exact device compatibility, or uninterrupted availability of third-party services.
To the fullest extent permitted by law, Bena Creative is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost revenue, lost profits, lost data, business interruption, reputational harm, or third-party claims arising from the project, use of deliverables, or inability to use deliverables.
To the fullest extent permitted by law, total liability for any claim related to a project will not exceed the amount actually paid to Bena Creative for the specific project giving rise to the claim.
The client agrees to defend, indemnify, and hold harmless Bena Creative from claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of client-provided content, unauthorized use of third-party material, unlawful business practices, misuse of NFC or QR products, or breach of these terms.
Bena Creative may suspend or terminate work, hosting access, maintenance, support, linked products, or account-related services for non-payment, abusive conduct, unlawful use, security concerns, repeated scope disputes, or material breach of these terms or a signed agreement.
These terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules, unless a signed agreement states otherwise.
Bena Creative may update these public Terms of Service from time to time by posting a revised version on this page and updating the “Last updated” date. The current posted version applies to future use of the website and future projects unless a signed agreement states otherwise.
For questions about these Terms of Service, use the Bena Creative contact form on the main website and include enough project detail for a response.