Terms & Conditions

Last updated: September 23, 2025


Welcome to Cohen Creative Designs. These Terms & Conditions (“Terms”) govern your access to and use of our website at https://cohencreativedesigns.com (“Site”), and any related services, content, or interactions offered by Cohen Creative Designs (“we,” “us,” “our”). By accessing or using the Site or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Site or our services.




1. Definitions


  • Client / You / Your: any person or entity that uses our Site or purchases or requests services from us.
  • Services: all services we provide including but not limited to branding, marketing strategy, SEO, web design, content creation, social media management, paid advertising, consultations.
  • Content: text, graphics, images, videos, audio, software, or any other materials on our Site or produced by us for a Client.




2. Use of the Website


  • You must be at least 18 years old or have legal capacity to enter into contracts in your jurisdiction to use the Site.
  • You agree not to use the Site for any unlawful purpose or in a way that violates any applicable laws or regulations.
  • You agree not to disrupt or interfere with the security or integrity of the Site or engage in behavior that could harm the Site or other Users.




3. Services & Work Agreements


  • All Services provided by Cohen Creative Designs will be described in a Proposal, Engagement Letter, or similar agreement (“Work Agreement”) which will outline scope, deliverables, timelines, payment terms, etc.
  • We will use reasonable efforts to meet any project timelines, but any dates provided are estimates unless expressly agreed otherwise in writing. Delays caused by you (e.g., failure to provide feedback or content) or by factors outside our control may extend timelines.
  • You agree to provide all necessary materials, access, content, feedback and approvals in a timely manner to allow us to perform the Services.




4. Fees, Payment & Refunds


  • Fees for Services will be as set out in the Work Agreement. Payment schedules (e.g., deposits, milestones, final payment) likewise will be specified there.
  • Unless otherwise agreed, a non-refundable deposit may be required before any work commences.
  • If invoices are not paid by the due date, we may suspend work until payment is made, charge interest on overdue amounts, or terminate the Work Agreement.
  • Refunds will only be made as specified in the Work Agreement or applicable law. Some Services may be non-refundable once delivered (for example, consultation time, custom design work, etc.).




5. Intellectual Property


  • Unless otherwise agreed, we retain ownership of all intellectual property rights in any materials, code, or creative outputs that we produce until full payment is received. Upon full payment, ownership of deliverables will transfer to you, except for any pre-existing materials or third-party licensed materials.
  • You grant us a non-exclusive, royalty-free license to use your name, logo, and project results for our portfolio, marketing, and promotional purposes, unless otherwise agreed in writing.




6. Client Obligations & Representations


  • You represent that any content, materials, data or information you supply is lawfully obtained, does not infringe on third-party rights, and is not defamatory, obscene, or otherwise illegal.
  • You shall indemnify and hold us harmless against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorney fees) arising from breach of those representations or use of content you provided.




7. Confidentiality


  • We agree to keep confidential any proprietary or confidential information you provide to us, and not to use or disclose it except in performance of Services or as required by law.
  • Similarly, you agree to keep any confidential information we provide to you confidential.




8. Limitation of Liability & Warranty Disclaimer


  • Our Services are provided “as is” and “as available”. We make no warranties, whether express or implied, regarding suitability, quality, reliability, availability, or accuracy, except as explicitly stated in writing.
  • To the maximum extent permitted by law, Cohen Creative Designs shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, data loss, business interruption, or other economic loss, even if we have been advised of the possibility of such damages.
  • Our total liability to you for any claim arising out of or related to these Terms or the Services, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you to us under the relevant Work Agreement.




9. Termination


  • Either you or we may terminate a Work Agreement according to the terms set forth therein.
  • Upon termination, you will pay for all Services rendered and expenses incurred up to the date of termination. We may retain work product until payment is made in full.
  • If you breach any material term of these Terms or the Work Agreement and do not cure the breach within a reasonable period after notice, we may suspend performance or terminate the contract.




10. Modifications to these Terms


  • We may modify these Terms at any time. When we do, we will update the “Last updated” date above and post the revised Terms on the Site.
  • Continued use of the Site or our Services after any such changes constitutes your acceptance of the modified Terms.




11. Governing Law & Dispute Resolution


  • These Terms (and any Work Agreement) shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to conflict of law principles.
  • Any dispute, controversy or claim arising out of or relating to these Terms or the Services shall be resolved first through good faith negotiations. If parties are unable to resolve the dispute, either party may bring the matter in a court of competent jurisdiction in Lee County, Florida, unless otherwise specified in the Work Agreement.




12. Miscellaneous


  • Entire Agreement: These Terms and any Work Agreement constitute the entire agreement between you and us regarding the subject matter. They supersede all prior or contemporaneous communications, proposals, or agreements.
  • Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision under these Terms does not constitute a waiver of such right or provision.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.




13. Contact Information


If you have any questions about these Terms or wish to contact us, please reach out to:


Cohen Creative Designs

1002 Gulf Center Drive, Suite 5-257

Fort Myers, FL 33913

Phone: 239-287-0444

Email: info@cohencreativedesigns.com

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