Terms & Conditions
Digital Planet Creative LLC
Updated: 2026.
These Terms & Conditions ("Terms") are a binding agreement between you and Digital Planet Creative LLC ("Digital Planet," "we," "us" or "our"). They apply to your use of www.digitalplanetcreative.com (the "Site") and to every service we provide, including web design and development, hosting, SEO, digital advertising, social media management, branding, custom graphics, consulting and AI integrations (the "Services"). "You" and "Client" mean the person or business using the Site or buying the Services.
We wrote these so you can actually read them. They protect both of us. Please read them carefully, because they include a limitation of liability, a waiver of jury trial and class actions, and a requirement that disputes be handled in Collin County, Texas.
Part One: General Terms
1. Agreement to These Terms
By using the Site, submitting a form, booking a call, signing or approving a proposal, paying a deposit or invoice, or receiving any Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site or the Services.
2. Who Can Use Our Services
You must be at least 18 years old and able to enter a binding contract. If you act on behalf of a business, you confirm that you have authority to bind that business, and "you" includes that business. You agree that all information you give us, including your name, business, contact details and payment information, is true, accurate and your own.
3. How These Terms Fit With Your Proposal
Each project is described in a proposal, quote, estimate, statement of work or invoice (a "Proposal"). The Proposal sets the scope, pricing and timeline, and these Terms apply to all of it. If a signed Proposal and these Terms conflict, the signed Proposal controls for that project. Anything not addressed in the Proposal is governed by these Terms.
4. Using Our Website
You may use the Site for lawful purposes to learn about and contact Digital Planet. You agree not to:
• Submit false, misleading or fraudulent information, or use someone else's identity, business or payment method
• Impersonate Digital Planet, Randy Eachus or anyone on our team, or claim a relationship with us that does not exist
• Send spam, phishing messages, malware or automated form submissions
• Scrape, copy, frame or harvest content or data from the Site, including for training AI models, without our written permission
• Try to hack, overload, probe or interfere with the Site or any connected system
• Use the Site or Services for anything unlawful, harmful or abusive
We may block access, report activity to authorities and take any legal action available when we believe someone has broken these rules.
5. Our Intellectual Property
The Site and everything on it, including text, graphics, logos, designs, layouts, code, photos and video, belongs to Digital Planet or its licensors and is protected by copyright, trademark and other laws. You may not copy, reproduce, sell or reuse any of it without our written permission. Ownership of client project deliverables is covered in Section 13.
6. Protecting You From Scammers and Impersonators
Scammers sometimes pose as agencies and vendors. To protect yourself:
• Official Digital Planet emails come only from the @digitalplanetcreative.com domain.
• We will never ask you to pay with gift cards, cryptocurrency, wire transfers to a personal account, or payment apps sent to an account that is not in Digital Planet Creative LLC's name.
• We will never ask for your passwords by text from an unknown number or through social media messages.
• If you get a message, invoice or payment request that looks unusual, confirm it directly at Randy@DigitalPlanetCreative.com or 469.215.1617 before paying or sharing anything.
Digital Planet is not responsible for losses caused by people who impersonate us, falsely claim to work with us, or send fake invoices or payment instructions.
7. Identity Verification and Right to Refuse Service
To protect our business and our clients, we may ask you to verify your identity, business or payment method before starting work or at any time during a project. We may refuse, pause or end any project or Service, and cancel any Proposal, if we reasonably believe that information you gave us is false, a payment is unauthorized or fraudulent, you are abusive or threatening toward our team, you are asking for something unlawful or unethical, or you have broken these Terms. If we end a project for these reasons, amounts already paid for work performed, reserved time and committed resources are not refundable, and amounts earned or incurred remain due.
Part Two: Project and Service Terms
8. Payments & Deposits
Unless stated otherwise, a 50% non-refundable deposit is required to schedule and start work. The remaining balance is due before launch, transfer, migration, release of credentials or delivery of final files. Monthly services are billed in advance and are due on the 1st of each month.
9. Payment Methods & Autopay
We accept payment through the methods listed on your invoice. When you sign up for monthly services or provide a card or bank account on file, you authorize Digital Planet to charge that payment method automatically for recurring fees, approved additional work and amounts due under your Proposal until you cancel as described in Section 26. You agree to keep your payment information current. If a payment fails, we may retry the charge, and returned or failed payments may carry a $35 fee or the maximum amount allowed by law, whichever is lower. Sales tax, if applicable, is additional.
10. Late Payments
Invoices are due on receipt unless the invoice says otherwise. Balances more than 30 days past due may incur a late fee of 1.5% per month, or the highest rate allowed by law if lower. We may pause work or ongoing services until the account is current, and you agree to cover reasonable collection costs, including attorney fees and court costs. Past-due accounts may be sent to a collection agency or pursued in court.
11. Chargebacks & Disputes
If you have a billing concern, contact us first and we will work it out. Filing a chargeback or payment dispute for work performed under your Proposal is a breach of this agreement. You remain responsible for the disputed amount plus processor fees, chargeback fees and collection costs. You agree that we may share your signed Proposal, these Terms, invoices, approvals, emails, texts, IP addresses and timestamps, file delivery records, work records and other evidence with the payment processor, bank or card network to respond to the dispute. If a chargeback is filed, we may immediately suspend all work, hosting and Services, and withhold all files, assets and credentials until the account is paid in full.
12. Refunds
Payments compensate Digital Planet for time, labor, expertise, scheduling and work performed. Deposits and payments for completed work, reserved time or committed resources are non-refundable. Third-party costs paid on your behalf, such as ad spend, domains, licenses and subscriptions, are not refundable by Digital Planet.
13. Ownership
Digital Planet owns and controls all project files, designs, code and deliverables until every invoice is paid in full. After full payment, you receive rights to the final client-specific deliverables. Digital Planet keeps its methods, templates, reusable code and systems, unused concepts, drafts, licensed assets and third-party property. Using any deliverable before full payment is unauthorized.
14. Portfolio Use
We may show completed work in our portfolio, website and marketing unless you ask us in writing not to.
15. Scope & Changes
Your Proposal defines the scope. Added pages, features, integrations, copy, redesigns, extra revision rounds or anything not listed may be billed at $125 per hour in 15-minute increments or by written quote, and may move timelines. Admin work, meetings and support you request outside the scope are billable.
16. Revisions
Each included revision round means one consolidated list of feedback. Requests sent piecemeal across multiple messages may count as separate rounds. Changes to work you already approved count as new work.
17. Your Responsibilities, Delays & Abandoned Projects
Timelines depend on getting content, access, approvals and feedback on time, including consolidated feedback within 3 business days of each review. Client-caused delays extend deadlines. Projects inactive for 30 days because of missing materials, approvals or payment may be placed on hold, rescheduled based on availability and subject to additional fees. Projects inactive for 90 days may be closed at our discretion. When a project is closed, all payments made are kept, any work completed and not yet paid for becomes due, and restarting requires a new Proposal. We may delete files for closed projects after 1 year.
18. Content & Approvals
You confirm you own or have permission to use everything you send us, including text, images, logos, music, video and trademarks. You are responsible for reviewing spelling, content, pricing, links, functionality, legal disclosures and accuracy before anything goes live. Approval by email, text, message, payment, continued use or an instruction to launch counts as acceptance of that work. After launch, fixes to content you approved are billable.
19. Accounts & Access
You own your domain, hosting, ad and social accounts unless we agree otherwise in writing. You will provide the access we need and keep your own record of logins. We handle credentials carefully and recommend changing passwords and removing our access when a project ends. We are not responsible for activity in your accounts by you, your staff, other vendors or anyone you share access with.
20. Third-Party Services
Hosting, platforms, plugins, apps, APIs, payment processors, email providers, ad platforms, AI tools and domain registrars are outside our control. We are not responsible for their outages, policy or price changes, security incidents, discontinued features or account actions. Third-party fees are your responsibility unless included in writing.
21. Advertising
Ad spend is separate from our management fee and is paid directly to the ad platforms. Platforms may reject ads, limit delivery or suspend accounts under their own policies. Spend already delivered by a platform cannot be refunded by Digital Planet. You are responsible for your products, offers and claims being truthful and legal.
22. AI Integrations
AI tools can produce inaccurate, incomplete or unexpected results. You are responsible for reviewing AI output, keeping human oversight on important decisions, and following the laws that apply to your business, including call recording, consent, texting, privacy and data rules. Usage-based AI and phone costs are billed as shown in your Proposal.
23. Accessibility / ADA
We may install or configure accessibility tools such as UserWay when included in scope. These tools support accessibility efforts but do not guarantee compliance with the ADA, WCAG or any other law or standard. You remain responsible for your legal accessibility obligations.
24. No Guarantee of Results
We work hard to get you results, but we do not guarantee specific sales, leads, rankings, traffic, revenue, followers, engagement or conversion rates unless a separate written agreement says so. Search engines, AI platforms and ad platforms change constantly and are outside our control.
25. Hosting, Backups & Security
Where we provide hosting or maintenance, we use reasonable measures to keep your site secure and backed up, but no system is immune to outages, hacks or data loss. Hosting and platform price increases may be passed through with 30 days' notice. If hosting or care plan fees are more than 30 days past due, we may suspend or take the site offline after giving you notice by email, and we are not responsible for any lost business, rankings or data that results. Domains, email and third-party apps renew at their own rates.
26. Monthly Services & Cancellation
Monthly services continue month to month after any minimum term listed in your Proposal. Either party may cancel with 30 days' written notice. Cancelling does not erase amounts already earned, incurred or due, and unpaid work or assets will not be released until the account is paid in full. Partial months are not prorated or refunded.
27. Confidentiality
We each agree to keep the other's private business information confidential and to use it only for the project. This does not apply to information that is public, was already known, or must be disclosed by law, or to records we share to respond to a chargeback, collect a debt or report fraud.
28. Calls, Texts & Emails
By giving us your phone number and email, you agree that we may contact you by call, text and email about your inquiry, project, account and billing. Message and data rates may apply. Reply STOP to opt out of marketing texts. We may record or transcribe calls and meetings for quality and recordkeeping, with notice where the law requires it. Written communications, including email and text, count as written notice and approval under these Terms.
29. Non-Solicitation
During your project and for 12 months after it ends, you agree not to directly hire or contract with any designer, developer or contractor we introduced to you through our work without our written consent. If you do, you agree to pay Digital Planet a placement fee equal to 25% of that person's first-year compensation.
30. Disclaimer of Warranties
Except as expressly stated in a signed Proposal, the Site and Services are provided "as is" and "as available." To the maximum extent allowed by law, Digital Planet disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that anything will be uninterrupted, error-free or secure.
31. Limitation of Liability
To the maximum extent allowed by law, Digital Planet is not liable for indirect, incidental, special, consequential, exemplary or lost-profit damages, including lost revenue, lost data, lost rankings or business interruption, including those caused by third-party services or service interruptions. Our total liability for any claim will not exceed the amount you actually paid for the specific service giving rise to the claim in the 3 months before the claim arose.
32. Indemnification
You agree to defend, indemnify and hold harmless Digital Planet, its owners, employees and contractors from any claims, losses, damages, fines and costs, including attorney fees, arising from content or materials you provide, your products or services, your use of the deliverables, your advertising claims, your breach of these Terms, false or fraudulent information you provide, or your compliance with the laws that apply to your business.
33. Independent Contractor & Delays Beyond Control
Digital Planet works as an independent contractor. Neither party is responsible for delays caused by events beyond its reasonable control, such as major outages, platform failures, cyberattacks, natural disasters, government action or serious illness.
Part Three: Disputes and Legal Terms
34. Resolving Disputes
Talk to us first. Before filing any claim, you agree to email Randy@DigitalPlanetCreative.com with a description of the issue and give us 30 days to try to resolve it informally.
Governing law and venue. Texas law governs these Terms and every Proposal, without regard to conflict-of-law rules. Any lawsuit or legal proceeding arising from the Site, a project or the Services must be brought in a court of competent jurisdiction in Collin County, Texas, unless applicable law requires otherwise. Either party may bring an eligible claim in small claims or justice court.
No class actions. You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class, collective or representative action.
Jury waiver. To the extent allowed by law, both parties waive any right to a jury trial.
Time limit. Any claim against Digital Planet must be filed within 1 year after it arises, or it is permanently barred, to the extent allowed by law.
35. Entire Agreement, Signatures & Other Terms
Your Proposal, these Terms, our Privacy Policy and any written change orders accepted by both parties make up the full agreement and replace prior discussions. If any part is found unenforceable, the rest still applies. Electronic signatures, email approval and deposit payment are all binding. Our failure to enforce any part of these Terms is not a waiver. You may not assign this agreement without our written consent. Sections that by their nature should survive, including payment, ownership, chargebacks, confidentiality, limitation of liability, indemnification and dispute terms, survive the end of any project.
36. Changes to These Terms
We may update these Terms from time to time by posting a new version on the Site with a new effective date. Changes do not affect a signed Proposal already in progress unless you agree in writing. Continued use of the Site or Services after an update means you accept the updated Terms.
37. Contact
Digital Planet Creative LLC 6841 Virginia Pkwy #103, Box 180, McKinney, TX 75071 Randy@DigitalPlanetCreative.com 469.215.1617