Terms of Services

How This Works

By working with Bykreator Studio, booking a call, or making a payment, you're agreeing to these terms. They're straightforward and match how we actually work - no surprises, no fine print tricks.

If something here doesn't make sense, email us before you commit. We'd rather clarify upfront than deal with confusion later.

1. Acceptance of Terms

By engaging Bykreator Studio ("we," "us," "our," "Company") for services, you ("Client," "you," "your") agree to these Terms of Service. These terms become binding when you:

• Accept a proposal or service agreement
• Make a payment for services
• Book a discovery call that leads to a project
• Begin using our services

If you don't agree with these terms, don't proceed. If something's unclear, ask us at contact@bykreator.com before committing.

These terms apply to all services, whether one-time projects, ongoing retainers, or team integration arrangements.

2. Our Services

Bykreator Studio is a full-stack digital studio based in Novi Sad, Serbia. We provide:

Design Services

Branding & Identity

• Brand strategy and positioning
• Logo systems (primary, secondary, variations)
• Visual identity (colors, typography, layouts)
• Brand guidelines and documentation
• Brand applications (business cards, presentations, packaging)

Print Design

• Marketing collateral (brochures, flyers, posters)
• Business stationery
• Packaging design
• Production coordination

Digital Design

• Social media graphics and templates
• Digital ads and banner sets
• Presentation design
• UI elements and design systems

Web Services

Website Design & Development

• Marketing websites
• Ecommerce platforms
• CMS-driven sites (content management systems)
• Custom web applications
• User dashboards and portals
• Responsive design for all devices

Web Maintenance & Support

• Ongoing site updates
• Content management
• Technical support
• Performance optimization

Marketing Services

SEO (Search Engine Optimization)

• Technical SEO audits and fixes
• On-page optimization
• Content strategy for search
• Ongoing SEO management
• Monthly reporting and analysis

PPC (Pay-Per-Click Advertising)

• Campaign strategy and setup
• Google Ads management
• Facebook/Instagram ads
• Display advertising
• Campaign optimization and reporting

Social Media Marketing (SMM)

• Content creation and scheduling
• Platform management (Instagram, Facebook, LinkedIn, etc.)
• Community management
• Social strategy development
• Performance tracking

Email Marketing

• Newsletter design and setup
• Email campaign management
• Marketing automation
• List management and segmentation
• Performance tracking

Additional Services

• Client portal development
• Custom dashboards and tools
• White label services (our work, your brand)
• Team integration (we work as part of your team)
• Consulting and strategy sessions

All services are detailed in individual proposals after your discovery call.

3. How Projects Start

3.1 The Service Calculator

Our online calculator provides estimates only. These are starting points for discussion, not final prices.

Calculator shows:

• Individual service pricing
• Tiered discounts on one-time projects:
  • 5% off at $8,000+
  • 10% off at $12,000+
  • 15% off at $18,000+
• Estimated total based on selections

Calculator does NOT:

• Lock in final pricing
• Account for project complexity discovered during discovery call
• Include custom requirements or scope changes
• Constitute a binding quote or agreement

All calculator estimates are subject to adjustment after the discovery call.

3.2 The Discovery Call

The discovery call is where we:

• Understand your business and goals
• Clarify project scope and requirements
• Identify potential challenges or complexities
• Adjust pricing if scope differs from estimate
• Align on timeline and expectations

If the project is more complex than the calculator indicated, we'll explain why and provide updated pricing before you commit to anything.

3.3 The Proposal

After the discovery call, you receive a detailed proposal including:

• Exact scope of work and deliverables
• Final pricing (not an estimate)
• Project timeline and milestones
• Payment structure and schedule
• Number of revision rounds included
• Terms specific to your project

The proposal becomes our agreement once you accept it and make the initial payment.

3.4 Project Commencement

Work begins after:

• Proposal acceptance (signature or written confirmation)
• Receipt of initial payment
• Completion of project kickoff (if applicable)

3.5 Discovery Call Terms & Confidentiality

Purpose of Discovery Call:

The discovery call is a consultation to understand your needs, assess project scope, and determine if we're a good fit. During this call, we may share:

• Strategic recommendations and approaches
• Our methodologies and processes
• Industry insights and best practices
• Potential solutions to your challenges
• Technical or creative direction

Confidentiality & Non-Use:

By booking a discovery call, you agree that:

• All information, strategies, recommendations, and insights shared by Bykreator Studio during the call are confidential and proprietary
• You will NOT use, implement, or share our recommendations, strategies, or approaches without engaging our services
• You will NOT share our methodologies, processes, or insights with other agencies, consultants, or third parties
• Discovery call content is for evaluation purposes only, not free consulting
• Our ideas and recommendations remain our intellectual property until you engage our services

If You Choose Not to Proceed:

If you decide not to work with us after the discovery call:

• You must not implement strategies or recommendations we discussed
• You must not share our approaches with competitors or other service providers
• Information shared remains confidential

If You Proceed With Services:

Once you accept our proposal and make payment:

• Our recommendations and strategies become part of the agreed scope
• You receive rights to implement as outlined in your project agreement
• Intellectual property transfers per Section 8

Exceptions:

This does not prevent you from:

• Using general industry knowledge that's publicly available
• Implementing your own ideas discussed during the call
• Working with other agencies on genuinely different approaches
• Making business decisions based on your own research

Violation:

Unauthorized use of our proprietary recommendations or methodologies may result in:

• Legal action for misappropriation
• Claim for compensation based on value of services that would have been provided
• Injunctive relief to prevent further use

We invest significant time and expertise in discovery calls. This protection ensures our knowledge isn't exploited without fair compensation.

4. Payment Terms

4.1 Payment Methods

Primary: Bank transfer (no transaction fees)

Alternative: Payment processors (credit card, PayPal, Stripe)

When using payment processors, client is responsible for all transaction fees (typically 2-4%).

4.2 Payment Structure by Service Type

Branding Projects

• 50% deposit before work begins
• 50% upon completion before final file delivery

Website Development

• 40% deposit to start project
• 30% when design is approved and development begins
• 30% when website is completed, before going live

Important:

Website and all files remain Bykreator Studio property until final payment received. Site will not be published or transferred until paid in full.

All Other Flat Fee Projects:

(Print design, digital design, small projects, consulting)

• 100% payment in advance before work begins

Monthly Retainers & Ongoing Services:

(SEO, PPC, SMM, Email Marketing)

• Paid monthly in advance (pay first, then work is performed)
• 6-month minimum commitment required
• Invoiced on monthly renewal date
• Auto-renewal after minimum commitment unless cancelled with 30 days notice

Team Integration (Hourly Services)

• €80-€150 per hour (rate depends on expertise level and scope)
• 6-month minimum commitment required
• Invoiced monthly based on actual hours worked
• Hours tracked and reported transparently

4.3 Invoice Terms & Due Dates

• All invoices due 7 calendar days from date of issue
• Payment must be received by due date to avoid penalties
• Late payments subject to interest and work suspension

4.4 Late Payment Policy

Days 1-7 (Grace Period):

• Invoice is due
• No penalties applied

Days 8-14 (First Overdue Period):

• First payment reminder sent
• All work suspended until payment received
• 1.5% monthly interest (18% annually) begins accruing on outstanding balance

Day 15+ (Serious Delinquency):

• For website projects: Website taken offline until payment processed
• For all projects: Legal action may be pursued
• Additional collection costs may be added
• All accrued interest and late fees remain due

4.5 Ownership During Payment Period

For projects with milestone payments (websites):

• Website, design files, and all work product remain Bykreator Studio property
• Client receives access only after 100% payment
• We reserve right to restrict or revoke access for non-payment
• Final files and full ownership transfer only after complete payment

5. Project Timelines & Expectations

5.1 Estimated Timelines

Based on our service pages, typical timelines are:

• Branding: 4-6 weeks
• Websites: 6-10 weeks
• Monthly Services: Ongoing with monthly deliverables

Actual timeline depends on:

• Project complexity and scope
• Number of pages/elements
• Client feedback speed
• Content and material availability
• Revision rounds needed

Detailed timeline provided in your project proposal.

5.2 Timeline Factors

Project timelines are estimates, not guarantees. Timeline affected by:

Client Responsibilities:

• Timely provision of required materials and content
• Prompt feedback on deliverables and design concepts
• Attendance at scheduled meetings
• Timely approvals at milestone stages

Scope Changes:

• Requests outside original scope
• Additional features or pages
• Direction changes mid-project

External Dependencies:

• Third-party integrations
• Platform limitations or updates
• External service provider delays

5.3 Client Responsibilities

To keep projects on track, client must:

Provide Materials Promptly:

• Content, copy, and text
• Images, videos, and brand assets
• Access credentials and necessary accounts
• Contact information for stakeholders

Respond to Feedback Requests:

• Review deliverables within agreed timeframe
• Provide clear, consolidated feedback
• Make decisions at milestone stages
• Attend scheduled check-in calls or meetings

Maintain Communication:

• Respond to emails and messages within 48-72 hours
• Notify us of delays or obstacles on your end
• Keep project stakeholders aligned
• Provide single point of contact when possible

5.4 Client Delays & Project Pausing

After 14 Days Overdue (No Materials/Feedback):

• Project automatically paused
• Invoice sent for all work completed to date
• Project removed from active schedule
• No further work performed until resolved

After 30 Days Inactive:

• Project considered abandoned and closed
• All deposits and payments forfeited (non-refundable)
• No refund issued for work completed or time reserved
• Project files held for 90 days, then deleted

Restart Options:

• Paused projects may restart with 20% restart fee on remaining project value
• Restart subject to our current availability and schedule
• New timeline established based on current workload
• Original pricing may no longer apply if significant time has passed

Alternative: Delay Fee

• Client may pay €200 per week to keep project in active schedule during delays
• Available only if our capacity allows
• Must be requested and approved in advance
• Does not extend indefinite hold - max 8 weeks

6. Revisions & Scope Management

6.1 Included Revisions

Each project phase includes 3 rounds of revisions (unless otherwise specified in proposal).

Revision rounds must:

• Stay within original approved scope
• Be requested within agreed timeline
• Be consolidated into single feedback document (not piecemeal)
• Address design execution, not fundamental direction changes

Examples of valid revisions:

• Adjusting colors, typography, or spacing
• Refining layout or composition
• Tweaking copy or messaging
• Minor element repositioning

Examples that are NOT revisions (these are scope changes):

• Complete redesign or new direction
• Adding new pages or sections
• Changing fundamental concept or approach
• Adding features not in original scope

6.2 Additional Revisions

Revisions beyond included rounds:

• Charged at minimum 50% of original project stage price
• May be charged up to 100% for substantial revision requests
• Require written approval before work proceeds
• Invoice issued separately

Example: If branding logo stage was $2,000 and includes 3 revisions, the 4th revision round costs $1,000-$2,000 depending on scope.

6.3 Scope Changes

Changes outside the original proposal scope require separate agreement:

• New features, pages, or functionality
• Direction changes after approval
• Additional platforms or formats
• Expanded deliverables list

Process for scope changes:

1. Client requests change in writing
2. We assess impact on timeline and cost
3. Provide updated quote for additional work
4. Client approves in writing before proceeding
5. Additional invoice issued

Scope changes may affect project timeline. Original timeline no longer applies if significant scope added.

7. Refund & Cancellation Policy

7.1 Full Refund Eligibility

Full refund available ONLY if ALL of these conditions met:

• Requested within 7 calendar days of payment date
• AND no work has been performed (no concepts, no drafts, no strategy)
• AND no discovery calls or kickoff meetings have occurred
• AND project has not been added to our schedule

Refund processed within 14 business days to original payment method.

7.2 Partial Refund

If work has started within the 7-day period:

• Refund calculated based on work completed
• We provide detailed breakdown: hours invested, stages completed, deliverables created
• Work completed is charged at our standard rates
• Balance refunded after deducting completed work
• Administrative processing fee may apply
• Processed within 14 business days

7.3 No Refund Policy

NO REFUNDS issued for:

Time-Based:

• Requests made after 7 days from payment date
• Projects where discovery call or kickoff has occurred
• Projects where work is in progress or completed

Service-Based:

• Completed projects where final deliverables provided
• Monthly services already rendered (SEO, SMM, PPC, email work already performed)
• Ongoing retainers after work for that month completed
• Advertising spend already allocated to platforms

Client-Caused:

• Projects closed due to client inactivity (14+ days unresponsive)
• Projects abandoned by client (30+ days inactive)
• Client delays causing project pause
• Change of mind, business decisions, or internal disagreements

Third-Party Costs:

• Domain registration and renewals
• Hosting services and server costs
• Advertising spend on platforms (Google Ads, Facebook Ads, etc.)
• Stock images, fonts, or licensed assets
• Premium plugins, themes, or software licenses
• Third-party integrations or API costs

These costs are either paid directly by client to vendor or itemized separately on invoices and are always non-refundable.

7.4 Cancellation of Ongoing Services

For monthly retainers (SEO, SMM, PPC, Email):

During minimum commitment (first 6 months):

• No cancellation allowed without penalty
• If cancelled early, remaining months billed at 50%
• No refund for current month

After minimum commitment:

• 30 days written notice required for cancellation
• Work continues through notice period
• Final month billed as normal
• No refund for services rendered during notice period

8. Intellectual Property Rights

8.1 Client Ownership After Payment

Upon full payment, client receives ownership of:

• Final approved deliverables created specifically for client
• Files in agreed formats (as specified in proposal)
• Rights to use deliverables for intended business purposes
• Source files (where applicable and agreed upon)

Full ownership transfers only after 100% payment received.

8.2 Bykreator Studio Rights

We retain:

Pre-Final Work:

• All preliminary concepts, drafts, and sketches not selected by client
• Alternative directions explored but not approved
• Unused designs and variations

Portfolio & Marketing Rights:

• Right to display completed work in our portfolio
• Right to use work in case studies on our website
• Right to share work on social media and marketing materials
• Right to reference client name and project in our client list
• Right to photograph/screenshot work for promotional purposes

Methodology & Process:

• Our design methodologies and processes
• Templates and frameworks developed internally
• Techniques and approaches used

8.3 White Label Exception

If client purchases White Label Service (+20% of project cost):

• We will NOT publicly display or reference the work anywhere
• Work will not appear in portfolio, website, or social media
• Client name will not be mentioned in client lists or marketing
• Complete confidentiality maintained regarding the business relationship
• Non-disclosure agreement can be provided if requested

White label must be purchased at project start. Cannot be added retroactively after work is publicly shared.

8.4 Third-Party Assets & Licenses

Assets not created by us remain property of their owners:

• Stock photos, illustrations, and graphics
• Premium fonts and typefaces
• Icons and design resources
• Themes, plugins, and software
• Third-party code libraries

Client responsibilities:

• Obtain proper licenses for continued use where required
• Pay ongoing license fees (fonts, stock subscriptions, etc.)
• Comply with third-party terms of service
• Renew licenses as needed

We'll inform you which assets require licensing and provide guidance on obtaining proper licenses.

8.5 Client-Provided Materials

Client retains ownership of:

• All original content, copy, and materials provided to us
• Existing brand assets, logos, and trademarks
• Photos, videos, and media submitted for the project
• Proprietary business information and data

Client warrants they have rights to all materials provided and grants us license to use them for the project.

9. Representations & Warranties

9.1 Our Warranties

Bykreator Studio warrants that:

• Services performed in professional, workmanlike manner
• Work will be our original creation or properly licensed
• We have rights and authority to provide services
• Final deliverables will meet specifications in proposal (subject to feedback/approval process)
• We will meet agreed-upon deadlines subject to client cooperation

9.2 Marketing Services - No Results Guarantee

We explicitly DO NOT guarantee specific results for marketing services:

SEO - We do NOT guarantee:

• Specific search engine rankings
• #1 position on Google
• Exact traffic increases
• Specific keyword positions
• Guaranteed page one results

PPC - We do NOT guarantee:

• Specific return on ad spend (ROAS)
• Guaranteed conversion rates
• Exact cost per click (CPC) or cost per acquisition (CPA)
• Specific number of leads or sales

Social Media - We do NOT guarantee:

• Follower count increases
• Viral posts or engagement rates
• Specific reach or impressions
• Guaranteed audience growth

Email Marketing - We do NOT guarantee:

• Open rates or click-through rates
• Subscriber growth
• Conversion rates from emails

What we DO promise:

• Professional strategy and execution
• Best practices and industry standards
• Ongoing optimization and testing
• Transparent reporting and communication
• Continuous improvement efforts

Results depend on many factors outside our control: competition, budget, market conditions, product/service quality, pricing, and timing.

9.3 Client Warranties

Client warrants that:

• All content and materials provided do not infringe third-party intellectual property rights
• Client has authority to enter into this agreement
• Information provided is accurate and complete
• Client has necessary rights to materials provided for the project
• Client will not use deliverables for illegal purposes

9.4 Third-Party Services Disclaimer

We are NOT responsible for:

• Performance, policies, or terms of third-party platforms
• Changes to platform APIs, algorithms, or features (Google, Facebook, Instagram, etc.)
• Platform outages, downtime, or technical issues
• Updates that break functionality
• Platform policy changes affecting campaigns or content
• Account suspensions or restrictions imposed by platforms

We'll do our best to adapt to platform changes, but cannot control or guarantee third-party service stability.

10. Limitation of Liability

10.1 Liability Cap

Bykreator Studio's total liability for any claims arising from services shall not exceed the amount paid by client for the specific service giving rise to the claim.

Example: If you paid $5,000 for a website and claim damages, our maximum liability is $5,000, not any consequential damages you claim resulted from our work.

10.2 Excluded Damages

We are NOT liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or corrupted files
• Cost of substitute services or providers
• Damages from third-party platform changes or failures
• Damages from your misuse of deliverables
• Reputational harm or business interruption

10.3 Client Responsibilities

Client is responsible for:

• Maintaining backups of all content, data, and files
• Timely renewal of domains, hosting, and third-party services
• Security of passwords, login credentials, and account access
• Compliance with platform terms of service
• Legal compliance of content and marketing materials
• Protecting their own intellectual property

10.4 Reasonable Limitations

These limitations apply to the fullest extent permitted by Serbian law. Some jurisdictions don't allow exclusion of certain damages, so some limitations may not apply to you.

11. Confidentiality

11.1 Mutual Obligations

Both parties agree to maintain confidentiality of:

• Proprietary business information and trade secrets
• Strategic plans and unpublished work
• Financial information and pricing details
• Client data and sensitive information
• Internal processes and methodologies

11.2 Exclusions from Confidentiality

Information is NOT confidential if:

• Publicly available or becomes public through no fault of receiving party
• Independently developed without use of confidential information
• Rightfully obtained from third party without confidentiality obligation
• Required to be disclosed by law, regulation, or court order

11.3 Permitted Disclosures

Either party may disclose confidential information:

• When required by law or legal process
• To professional advisors (lawyers, accountants) under confidentiality obligations
• With explicit written permission from other party
• To employees/contractors who need to know (under confidentiality obligations)

11.4 Duration

Confidentiality obligations survive termination of the agreement and continue indefinitely.

12. Term & Termination

12.1 Agreement Duration

These terms remain in effect for duration of service engagement.

For One-Time Projects:

• Until project completion and final payment
• All obligations fulfilled by both parties

For Ongoing Services:

• Month-to-month after 6-month minimum commitment
• Until terminated by either party per section 12.2

12.2 Termination by Client

For One-Time Projects:

• May terminate with immediate written notice
• Must pay for all work completed to date
• No refund for work performed
• Refund policy in Section 7 applies

For Ongoing Services (after minimum commitment):

• 30 days written notice required
• Work continues through notice period
• Final month invoiced as normal
• No refund for services rendered during notice

During Minimum Commitment:

• Termination allowed but penalty applies
• Remaining months charged at 50%
• Alternative: pause service and resume later within commitment period

12.3 Termination by Bykreator Studio

We may terminate services immediately if:

• Client breaches these terms materially
• Payment is 30+ days overdue despite reminders
• Client engages in abusive, hostile, or threatening behavior toward our team
• Client requests work that violates laws, regulations, or our policies
• Client misrepresents information or acts in bad faith
• Client uses deliverables for illegal or unethical purposes

12.4 Effect of Termination

Upon termination of services:

• All outstanding invoices become immediately due and payable
• Access to ongoing services suspended immediately
• Client receives work completed up to termination date (if paid for)
• Work-in-progress delivered in current state (if applicable)
• Confidentiality obligations continue indefinitely
• Intellectual property rights transfer per Section 8 (if fully paid)

12.5 Survival Clauses

The following sections survive termination:

• Payment obligations
• Intellectual property provisions
• Confidentiality
• Limitation of liability
• Dispute resolution
• Governing law

13. Dispute Resolution & Governing Law

13.1 Good Faith Negotiation

Before pursuing formal action, parties agree to:

• Communicate concerns clearly and promptly
• Attempt to resolve disputes through direct discussion
• Negotiate in good faith for at least 30 days
• Consider reasonable compromises

Most disputes can be resolved through open communication.

13.2 Mediation

If negotiation fails, parties agree to attempt mediation:

• With neutral third-party mediator
• Costs split equally between parties
• Before pursuing litigation

13.3 Governing Law

These terms are governed by:

• Laws of the Republic of Serbia
• Serbian Law on Contracts and Torts
• Applicable Serbian commercial regulations
• EU-aligned data protection standards

13.4 Jurisdiction

All disputes shall be subject to exclusive jurisdiction of:

• Courts in Belgrade, Serbia
• Serbian legal system and procedures

13.5 Language

In event of translation disputes, Serbian language version prevails.

14. General Provisions

14.1 Entire Agreement

These Terms of Service, together with:

• Your project proposal/agreement
• Any signed statements of work
• Invoice terms

Constitute the entire agreement between parties regarding services.

14.2 Amendments

Changes to these terms must be:

• Made in writing
• Signed or acknowledged by both parties
• Explicitly agreed upon

We may update these general terms periodically. Updated terms apply to new projects started after update date. Active projects continue under original terms unless both parties agree to changes.

14.3 Severability

If any provision found invalid or unenforceable:

• Remaining provisions remain in full effect
• Invalid provision replaced with valid provision closest to original intent
• Agreement continues to bind parties

14.4 No Waiver

Failure to enforce any right or provision does not constitute waiver of that right. We may still enforce it later.

14.5 Assignment

Client may not assign rights or obligations without our written consent.

We may assign this agreement to:

• Affiliated companies
• Successor entities (merger, acquisition, sale)
• Subcontractors for specific work (while maintaining responsibility)

14.6 Independent Contractors

This agreement does not create:

• Employer-employee relationship
• Partnership or joint venture
• Agency relationship

We are independent contractors.

14.7 Force Majeure

Neither party liable for delays or failures due to circumstances beyond reasonable control:

• Natural disasters (earthquakes, floods, fires)
• War, terrorism, civil unrest
• Pandemics or public health emergencies
• Government actions or restrictions
• Internet or telecommunications outages
• Major platform failures or cyber attacks
• Strikes or labor disputes

Timeline extensions granted for force majeure events without penalty.

14.8 Notices

All formal notices must be sent in writing to:

Bykreator Studio:

Email: contact@bykreator.com
‍Address: Rumenački Put 57U, Novi Sad 21000, Serbia

Notices effective upon receipt.

15. Acceptance & Acknowledgment

By engaging our services, you acknowledge that:

• You have read and understood these Terms of Service
• You agree to be bound by all terms and conditions
• You have had opportunity to ask questions or seek clarification
• You understand the payment terms, refund policy, and your obligations
• You understand we don't guarantee marketing results
• You understand discovery call information is confidential and proprietary

Questions about these terms? Email contact@bykreator.com before committing to services.