Website Terms of Service
Effective date: August 26, 2026
Last updated: August 26, 2026
These Website Terms of Service (“Terms”) govern your access to and use of https://thatcreativeva.com and any related pages, forms, content, and website features operated by That Creative VA, a business operated by That Creative Nerd (“That Creative VA,” “we,” “us,” or “our”).
By accessing or using the website, you agree to these Terms. If you do not agree, please do not use the website.
1. Eligibility
The website and services are intended for adults. You must be at least 18 years old and legally able to enter into a binding agreement to purchase services or submit a client application.
2. Website Purpose
The website provides information about That Creative VA, available services, pricing or pricing ranges, ways to contact us, and opportunities to apply or inquire about working together.
Website content is provided for general informational purposes. It is not legal, tax, accounting, financial, employment, or other regulated professional advice. You are responsible for obtaining advice from an appropriately qualified professional when needed.
3. Inquiries and Client Relationships
Submitting a contact form, application, intake form, email, or scheduling request does not create a client relationship and does not require us to accept a project.
A client relationship begins only when we have agreed to the work, the applicable proposal or service agreement has been accepted, and any required initial payment has been received.
Client services may be governed by a separate proposal, statement of work, service agreement, invoice, checkout page, or other written terms. If those terms conflict with these Website Terms, the terms specific to the client engagement will control for that engagement.
We may accept, decline, pause, or refer an inquiry when a request is outside our availability, skills, services, policies, or business boundaries.
4. Services and Scope
Services may be offered on an hourly, project, package, or retainer basis. The exact scope, deliverables, responsibilities, deadlines, communication methods, revisions, fees, and other project terms will be stated in the applicable proposal or service agreement.
Any information about availability, timing, pricing, or services shown on the website may be updated. A website description is not a guarantee that a particular service, start date, or price will be available.
You are responsible for providing accurate information, instructions, files, approvals, access, and feedback reasonably needed to complete the agreed work. Delays in receiving these items may affect scheduling and completion.
5. Pricing and Payments
Unless stated otherwise, prices and payments are in United States dollars.
Payments may be processed through Zelle, PayPal, Stripe, or payment features available through Kianis, a white-label platform powered by HighLevel. Your use of a payment provider is also subject to that provider’s terms and privacy practices.
Payment amounts, due dates, billing frequency, deposits, late-payment terms, and other financial terms will be disclosed in the applicable proposal, agreement, invoice, or checkout page before payment is required.
You are responsible for any currency-conversion charges, bank fees, or payment-provider fees charged directly to you. Taxes will be handled as required by applicable law.
6. Cancellations, Rescheduling, and Refunds
Cancellation, rescheduling, termination, and refund terms for paid services will be stated in the applicable proposal, service agreement, invoice, or checkout page. Unless those terms or applicable law provide otherwise, submitting payment does not automatically create a right to a refund for work already performed, time already reserved, or nonrecoverable expenses already incurred.
If a service renews automatically, the renewal price, billing frequency, cancellation method, and other material terms will be disclosed before enrollment. You may cancel according to the instructions in the applicable agreement or account area, subject to any notice period disclosed before enrollment and any rights provided by law.
7. Intellectual Property
Unless otherwise stated, the website and its original content, including text, graphics, branding, logos, page designs, downloads, templates, images, and other materials, are owned by or licensed to That Creative VA or That Creative Nerd and are protected by applicable intellectual-property laws.
You may view and use the website for your own lawful, personal, or internal business evaluation. You may not copy, reproduce, republish, sell, license, distribute, modify, create derivative works from, scrape, or commercially exploit website content without prior written permission, except where applicable law permits the use.
Ownership and usage rights for custom client deliverables are governed by the applicable client agreement. Nothing in these Terms transfers ownership of our preexisting tools, processes, templates, systems, methods, know-how, or website content.
8. Information and Materials You Submit
You retain ownership of information and materials you submit. You give us permission to access, store, copy, and use them only as reasonably necessary to:
- Respond to your inquiry or application.
- Evaluate and prepare for requested services.
- Provide services you have agreed to purchase.
- Maintain business and legal records.
- Protect the website, our business, and other people.
You confirm that you have the right to provide the information and materials you submit and that our authorized use of them will not violate another person’s rights or applicable law.
Please do not submit passwords, financial account credentials, sensitive customer data, or other confidential information through a general website form unless we have instructed you to use that method. Secure access methods and confidentiality obligations for client work may be addressed in a separate service agreement.
We will not publicly use your name, testimonial, project details, or work as a portfolio example without permission, except where information has already been made public by you or disclosure is legally permitted.
9. Acceptable Use
You agree not to:
- Use the website for unlawful, fraudulent, abusive, or deceptive activity.
- Attempt to gain unauthorized access to the website, accounts, systems, or data.
- Introduce malware, harmful code, automated attacks, or unreasonable traffic.
- Interfere with website security, functionality, or another person’s use of the website.
- Scrape, harvest, or collect information through unauthorized automated means.
- Impersonate another person or misrepresent your identity, authority, or affiliation.
- Submit material that is unlawful, threatening, infringing, defamatory, or intentionally harmful.
- Use website content in a way that infringes intellectual-property or privacy rights.
We may restrict or block access when reasonably necessary to protect the website, our business, our service providers, or others.
10. Third-Party Services and Links
The website may contain links to or integrations with third-party websites, platforms, applications, payment providers, scheduling tools, social media services, or embedded content. We do not own or control independent third parties and are not responsible for their availability, security, content, terms, or privacy practices.
A link or integration does not necessarily mean that we endorse every statement, product, or service offered by the third party. Your use of third-party services is at your own discretion and is governed by the third party’s terms.
11. Privacy
Our collection and use of personal information are described in our Privacy Policy. By using the website, you acknowledge that information will be handled as described in that policy and as required by applicable law.
12. No Guarantees
We aim to provide accurate and helpful information, but we do not guarantee that website content will always be complete, current, error-free, or suitable for every situation.
We do not guarantee particular business, financial, marketing, sales, audience, productivity, or other results from visiting the website or purchasing services. Results depend on many factors outside our control, including your business, decisions, materials, participation, platforms, customers, and market conditions.
13. Website Availability
We may update, suspend, remove, or change website content or features at any time. We do not guarantee uninterrupted access or that the website will be free from errors, harmful components, outages, or third-party service interruptions.
We are not responsible for delays or failures caused by circumstances reasonably outside our control, including internet or hosting outages, platform changes, cyberattacks, natural disasters, emergencies, labor disruptions, or government actions.
14. Disclaimer of Warranties
To the fullest extent permitted by law, the website and its content are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
Some jurisdictions do not allow certain warranty exclusions. Nothing in these Terms excludes any warranty or consumer right that cannot legally be excluded.
15. Limitation of Liability
To the fullest extent permitted by law, That Creative VA, That Creative Nerd, and their owner, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of or inability to use the website, including loss of profits, revenue, data, business opportunities, or goodwill.
To the fullest extent permitted by law, our total liability for a claim arising solely from use of the website will not exceed the greater of $100 or the amount you paid directly to us through the website during the six months before the event giving rise to the claim.
Liability arising from paid client services will be governed by the applicable client agreement. Nothing in these Terms limits liability that cannot legally be limited or excluded.
16. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless That Creative VA, That Creative Nerd, and their owner and contractors from third-party claims, losses, liabilities, and reasonable expenses arising from your unlawful misuse of the website, your violation of these Terms, or materials you submit that infringe another person’s rights.
This section does not require you to indemnify us for our own unlawful conduct and does not limit rights that cannot legally be waived.
17. Honest Reviews and Feedback
Nothing in these Terms prevents you from providing an honest review, making a lawful report to a government agency, participating in an investigation, or exercising another right protected by law.
18. Governing Law and Disputes
These Terms are governed by the laws of the State of Vermont and applicable federal law, without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be brought in a court with appropriate jurisdiction located in Vermont, unless applicable law gives you the right to bring the dispute elsewhere.
Before filing a claim, you and That Creative VA agree to make a reasonable good-faith effort to resolve the issue by written notice. Notices to us may be sent to support@thatcreativeva.com.
Nothing in this section waives nonwaivable consumer protections or prevents either party from seeking urgent injunctive or protective relief when appropriate.
19. Changes to These Terms
We may update these Terms to reflect changes in the website, services, business practices, or law. Updated Terms will be posted on this page with a revised “Last updated” date and will apply prospectively from their effective date. If a material change requires additional notice or consent, we will provide it as required by law.
20. Severability and Waiver
If a court finds part of these Terms invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law. Our failure to enforce a provision is not a waiver of the right to enforce it later.
21. Contact
Questions about these Terms may be sent to:
That Creative VA
Operated by That Creative Nerd
PO Box 634
West Rutland, VT 05777
United States
support@thatcreativeva.com