Terms and Conditions
Last Updated: February 19, 2026
These Terms and Conditions ("Terms") outline the agreement between HSD Creative ("we," "us," "our," or "HSD Creative") and its clients ("you," "your," or "Client"). By engaging our services, you agree to these terms in full.
1. Introduction
Engaging with HSD Creative for any of our services establishes a legally binding agreement between you and HSD Creative. These Terms ensure clarity, protect both parties, and set mutual expectations for all professional engagements.
2. Services Provided
HSD Creative is a full-service creative and strategic marketing agency. We offer a comprehensive range of services, including but not limited to:
Strategic Marketing & Business Development
•Fractional CMO Services: Strategic marketing leadership, positioning, and growth planning
•Marketing Strategy & Consulting: Campaign development, brand positioning, market research
•Business Development: Lead generation systems, sales funnel optimization, growth strategies
Creative Services
•Photography: Commercial, real estate, automotive, medical, food, lifestyle, brand, headshots, event coverage
•Videography: Full video production (concept to final edit), brand films, content creation, short-form and long-form video
•Drone Services: Aerial photography and videography for unique perspectives
•3D Modeling & Rendering: Architectural visualization, product rendering, and 3D design
Digital Services
•Web Design & Development: Custom website design, AI-assisted design, UX/UI optimization
•Social Media Management: Strategy development, content creation, community management, analytics
•Digital Marketing: Google Ads management, SEO, paid social advertising, email marketing
•Content Creation: Copywriting, graphic design, brand assets
Retainer & Ongoing Services
•Monthly Retainer Packages: Ongoing strategic marketing support with bundled services
•Creative Direction: Brand strategy, campaign concepts, creative oversight
Project Scope: A detailed proposal or Statement of Work (SOW) will be provided for each project, covering deliverables, timelines, pricing, and client responsibilities. Services not explicitly outlined in the SOW may incur additional fees.
3. Intellectual Property & Usage Rights
Ownership
•All creative work, content, strategies, and deliverables created by HSD Creative remain our intellectual property until full payment is received.
•Upon full payment, you are granted a non-exclusive, perpetual license to use the deliverables as agreed upon in the project scope.
Client-Provided Content
•Content, materials, or assets provided by you for use in projects grant HSD Creative the right to modify, adapt, and use the content solely to complete the agreed-upon project.
•You warrant that you have the legal right to provide such content and that its use will not infringe on any third-party rights.
Portfolio & Marketing Use
•HSD Creative reserves the right to showcase completed work in our portfolio, case studies, marketing materials, and social media, unless otherwise agreed upon in writing.
•If confidentiality is required, this must be specified in the project agreement.
Third-Party Assets
•Any third-party assets (stock photos, fonts, software, etc.) used in your project are licensed separately and may require ongoing licensing fees paid by you.
4. Payments & Financial Terms
Payment Schedule
•Payment terms will be outlined in each project agreement or invoice.
•Typical payment structures include:
•Project-Based: 50% deposit upfront, 50% upon completion
•Retainer-Based: Monthly recurring payments due on the 1st of each month
•Hourly/Day Rate: Invoiced monthly based on time tracked
Late Payments
•Invoices are due within 15 days of the invoice date unless otherwise specified.
•Outstanding balances will incur a late fee of 5% per month (or the maximum allowed by law).
•HSD Creative reserves the right to suspend services or withhold deliverables until payment is received.
Cancellations & Refunds
•Project Cancellations: Written notice is required at least 5 business days before the scheduled service date. Cancellations made with less notice may incur fees for costs already incurred (travel, materials, subcontractors, etc.).
•Retainer Cancellations: Monthly retainers require 30 days' written notice for cancellation. No refunds will be provided for the current billing period.
•Deposits: Deposits are non-refundable once work has commenced.
Expenses
•Out-of-pocket expenses (travel, accommodations, equipment rentals, stock assets, etc.) will be billed separately unless included in the project quote.
•Expenses exceeding $500 will require prior client approval.
5. Client Responsibilities
To ensure successful project completion, clients must:
•Provide Clear Requirements: Submit detailed briefs, feedback, and approvals in a timely manner.
•Submit Materials On Time: Provide all necessary content, assets, access credentials, and information by agreed-upon deadlines.
•Timely Feedback: Respond to revision requests and approvals within 5 business days to avoid project delays.
•Access & Permissions: Grant necessary access to platforms, accounts, or systems required to complete the work (e.g., website hosting, social media accounts, ad accounts).
Delays Caused by Client: Failure to fulfill these responsibilities may result in project delays, additional fees, or revised timelines. HSD Creative is not liable for delays caused by client inaction.
6. Revisions & Scope Changes
Included Revisions
•Each project includes a specified number of revision rounds as outlined in the project agreement (typically 1-2 rounds).
•Revisions must be requested within 30 days of delivery.
Additional Revisions
•Revisions beyond the agreed-upon number, or requests for changes outside the original scope, will incur additional fees at our standard hourly rate.
Scope Creep
•Any requests that expand the project scope beyond the original agreement (additional pages, features, deliverables, etc.) will require a new SOW and additional payment.
7. Confidentiality
Both parties agree to:
•Protect Sensitive Information: Keep confidential any proprietary, business, or personal information shared during the engagement.
•Exceptions: Information that is publicly available, independently developed, or required by law to be disclosed is not considered confidential.
Non-Disclosure Agreements (NDAs): If additional confidentiality protections are required, a separate NDA can be executed upon request.
8. Liability & Indemnification
HSD Creative's Liability
•Our total liability for any claims arising from our services will not exceed the total fees paid for the specific project or service in question.
•We are not liable for indirect, incidental, or consequential damages, including lost profits, data loss, or business interruption.
Client Indemnity
•You agree to indemnify and hold HSD Creative harmless from any claims, damages, losses, or expenses (including legal fees) arising from:
•Your use of our deliverables
•Content or materials you provided
•Your violation of third-party rights
Force Majeure
•HSD Creative is not liable for delays or failures caused by events beyond our reasonable control (natural disasters, pandemics, government actions, etc.).
9. Warranties & Disclaimers
Our Warranties
•We warrant that our work will be performed with reasonable skill and care consistent with industry standards.
•We warrant that we have the right to provide the services and deliverables outlined in the agreement.
Disclaimers
•No Guarantee of Results: While we strive for excellence, we do not guarantee specific business outcomes, revenue increases, or marketing performance metrics unless explicitly stated in writing.
•Third-Party Services: We are not responsible for the performance, availability, or policies of third-party platforms (Google, Meta, hosting providers, etc.).
•AS-IS Deliverables: Unless otherwise specified, all deliverables are provided "as-is" without warranties of any kind.
10. Termination
Termination by Client
•You may terminate the agreement at any time with written notice.
•You will be responsible for payment of all work completed up to the termination date, plus any non-refundable expenses incurred.
Termination by HSD Creative
•We reserve the right to terminate the agreement if:
•Payment is overdue by more than 30 days
•You breach these Terms
•The working relationship becomes untenable
Effect of Termination
•Upon termination, all outstanding invoices become immediately due.
•HSD Creative retains ownership of all work until full payment is received.
•Any licenses granted to you will be revoked if payment is not received.
11. Dispute Resolution
In the event of a dispute:
1.Negotiation: Both parties agree to first attempt to resolve disputes through good-faith negotiation.
2.Mediation: If negotiation fails, disputes will be submitted to mediation before an agreed-upon mediator.
3.Arbitration: If mediation fails, disputes will proceed to binding arbitration under the Arbitration Act of Ontario, Canada.
4.Exclusion of Court Litigation: Both parties waive the right to pursue disputes in court, except to enforce an arbitration award.
Legal Fees: The prevailing party in any dispute resolution may be entitled to recover reasonable legal fees and costs.
12. Governing Law & Jurisdiction
This agreement is governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any legal proceedings must be conducted in Ontario, Canada.
13. Updates & Amendments
HSD Creative reserves the right to update these Terms at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after updates indicates your acceptance of the revised Terms.
Notification: We will make reasonable efforts to notify clients of material changes via email or website notice.
14. Entire Agreement
These Terms, together with any project-specific agreements, proposals, or Statements of Work, constitute the entire agreement between HSD Creative and the Client. They supersede all prior agreements, understandings, or communications (written or oral).
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
16. Assignment
You may not assign or transfer your rights or obligations under this agreement without our prior written consent. HSD Creative may assign this agreement to a successor entity in the event of a merger, acquisition, or sale of business.
17. Independent Contractor
HSD Creative operates as an independent contractor. Nothing in this agreement creates an employment, partnership, joint venture, or agency relationship between the parties.
18. Contact Information
For questions about these Terms and Conditions, please contact us:
HSD Creative
Email: info@hsdcreative.com
Website: www.hsdcreative.com
Location: Toronto, Ontario, Canada
By engaging HSD Creative's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.