Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") set out the legal agreement between I Create Solutions & Services ("the Company", "we", "our", "us") and you, the client or user ("Client", "you", "your"). They apply to all services, proposals, quotations, contracts, and interactions relating to our digital solutions, including but not limited to:

• Web Development
• App Development
• Graphic Design
• Automation and Industry-Specific Automation Solutions

Our primary legal jurisdiction is the island of Jamaica, and these Terms are designed to be compatible, as far as reasonably possible, with applicable laws in the United States of America, Canada, and other international jurisdictions.

2. Legal Framework & Jurisdiction

These Terms are primarily governed by the laws of Jamaica, including but not limited to:

• General principles of contract law in Jamaica;
• The Electronic Transactions Act (Jamaica);
• The Data Protection Act, 2020 (Jamaica).

To the extent permitted by conflict-of-law rules, these Terms may also be enforced in courts located in any state within the USA, any province or territory within Canada, and other countries. If any provision conflicts with mandatory local law in the Client's jurisdiction, that provision shall be interpreted in a way that is valid and enforceable while preserving the original protective intent for the Company.

3. Scope of Services

We provide custom digital solutions, including (but not limited to):

• Design, development, and maintenance of websites and web applications;
• Native and cross-platform mobile app development for iOS, Android, and web;
• Graphic design for branding, marketing, and digital assets;
• Process automation and industry-specific digital workflows.

The exact scope, timelines, deliverables, and fees for each project will be detailed in a written proposal, quotation, email confirmation, or contract approved by you.

4. Proposals, Quotes, Fees & Payments

• Unless otherwise stated, all proposals and quotations are valid for 14 days from the date issued.
• A non-refundable deposit (typically 50% or as specified in the agreement) is required before work starts.
• The remaining balance is due upon completion or on the milestone dates stated in the agreement.
• Late payments may incur a late fee of up to 10% per month on the outstanding balance or the maximum permitted by law, whichever is lower.
• All bank charges, transfer fees, or currency conversion costs are the responsibility of the Client.

Work may be paused or access to digital assets temporarily restricted if invoices remain unpaid.

5. Refunds & Cancellations

• The initial deposit is non-refundable once work has begun.
• If a project is cancelled by the Client after work has started, the Client is responsible for paying for all work completed up to the cancellation date, including any third-party costs already incurred.
• Any decision to issue a partial refund beyond what is stated in these Terms is at the sole and absolute discretion of the Company.

6. Client Responsibilities

To enable us to deliver quality work on time, you agree to:

• Provide accurate, complete, and timely information, content, and feedback;
• Ensure that any text, images, logos, or other materials you supply do not infringe any third-party rights;
• Obtain any necessary permissions, licenses, or consents for content or data you ask us to use;
• Respond to requests for feedback or approvals within a reasonable time.

We are not liable for legal issues arising from Client-supplied content. You agree to indemnify us against any claims related to such content (see Indemnification below).

7. Intellectual Property & Licensing

Unless otherwise agreed in writing:

• All original code, designs, graphics, layouts, systems, automations, and documentation created by the Company remain the intellectual property of the Company until full payment has been received.
• Upon full payment, the Client is granted a non-exclusive, non-transferable, perpetual license to use the final deliverables for its own business purposes.
• The Company retains the right to reuse non-confidential structures, code snippets, design elements, frameworks, and processes in other projects.
• The Company may showcase the completed project (or parts of it) in its portfolio, marketing materials, or case studies, unless explicitly restricted by a separate written NDA.

8. Third-Party Services & Integrations

Our solutions may depend on third-party tools or platforms (for example hosting providers, payment gateways, email services, analytics tools, or automation platforms). You understand and agree that:

• Each third-party service is governed by its own terms and privacy policies;
• The Company does not control the uptime, pricing, policies, or changes of those external services;
• The Company is not liable for downtime, data loss, or changes caused by third-party providers, but may assist with troubleshooting where possible (additional fees may apply).

9. Confidentiality & Non-Disclosure

Both parties agree to treat all non-public information received from the other party as confidential, including business strategies, login details, internal processes, and customer data. Confidential information will only be used for the purpose of delivering or receiving services and will not be disclosed to third parties without written consent, except:

• Where required by law, court order, or government request; or
• To trusted subcontractors who are bound by similar confidentiality obligations.

10. Data Protection & Privacy

We aim to handle personal data in line with:

• The Data Protection Act, 2020 (Jamaica);
• Core principles of the EU GDPR, where applicable;
• Comparable privacy legislation in the USA and Canada, where reasonably practical.

Any personal data we collect (such as names, emails, phone numbers, or access credentials) is used only for:

• Project communication and delivery;
• Account management, billing, and support;
• Improving our services and security, where lawful.

Clients may request access to, correction of, or deletion of their personal data in our systems, subject to legal retention requirements.

11. Warranties & Disclaimers

While we aim for excellence in every project, all services are provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law:

• We do not guarantee that any website, app, or system will be completely error-free, uninterrupted, or immune from security threats;
• We do not guarantee specific business results (such as revenue growth, lead volume, or search engine rankings);
• Any advice, strategy, or suggestion we provide is based on our experience and information available at the time and should not be treated as financial, legal, or regulated professional advice.

12. Limitation of Liability

To the maximum extent allowed by law, the Company, its owners, employees, and contractors shall not be liable for:

• Loss of profits, revenue, business, or opportunities;
• Loss of data, corruption of data, or recovery costs;
• Any indirect, incidental, consequential, or punitive damages.

In any event, the total aggregate liability of the Company arising from any project or claim shall be limited to no more than the total amount actually paid by the Client to the Company for the specific project or service giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless I Create Solutions & Services and its representatives from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Content, data, or materials provided by you;
• Your misuse of our services or deliverables;
• Your violation of these Terms or of any applicable law or regulation;
• Any claim that your use of the deliverables infringes a third-party right where the issue is linked to content or instructions you supplied.

14. Force Majeure

The Company shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to natural disasters, storms, hurricanes, floods, fire, war, terrorism, civil unrest, strikes, pandemics, government restrictions, power failures, or internet/hosting outages. In such cases, timelines may be extended for the duration of the force majeure event without penalty to the Company.

15. Termination of Services

Either party may terminate a project or ongoing service with written notice (including email). Upon termination:

• The Client must pay for all work completed up to the effective termination date;
• The Company may suspend access to staging environments, admin panels, or code repositories until outstanding invoices are fully settled;
• Any licenses or services purchased on the Client's behalf may be transferred where possible, subject to third-party policies.

16. Dispute Resolution

In the event of any disagreement, both parties agree to first attempt to resolve the matter informally and in good faith through discussion or written communication. If the dispute cannot be resolved informally, it shall be referred to mediation or arbitration in Kingston, Jamaica in accordance with the applicable arbitration laws of Jamaica. The decision of the arbitrator may be enforced in any court of competent jurisdiction.

17. Governing Law & Venue

These Terms are governed by the laws of Jamaica. Subject to the dispute resolution clause above, any legal proceedings shall be brought in the appropriate courts of Jamaica. Where enforcement is sought overseas, the Client agrees that Jamaican judgments may be recognized and enforced in their local jurisdiction to the extent permitted by local law.

18. Changes to These Terms

We may update or modify these Terms from time to time. The latest version will always be available on our website. Continued use of our services after changes are posted constitutes your acceptance of the updated Terms.

19. Contact Information

For any questions or concerns regarding these Terms & Conditions, you may contact: