Terms of service
HERA CREATIVES — Terms & Conditions
Last Updated: September 16, 2026
Website: https://heracreatives.com
Place of Business: 7435 North Figueroa Street, Eagle Rock, CA, USA
1. About These Terms
These Terms and Conditions govern:
- your use of the HERA CREATIVES website and related digital services;
- the purchase of physical merchandise and custom-made items through the website; and
- the provision of creative, branding, design, brand strategy, marketing, and related services by HERA CREATIVES.
HERA CREATIVES is a brand strategy and marketing agency operating from 7435 North Figueroa Street, Eagle Rock, CA, USA. In these Terms and Conditions, “HERA CREATIVES,” “HERA,” “we,” “us,” and “our” refer to HERA CREATIVES. “You,” “your,” “Client,” or “Customer” refers to the person or entity accessing the website, purchasing products, or engaging HERA for services.
By accessing or using the website, submitting an order, accepting a proposal, signing a statement of work, or otherwise engaging HERA, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the website or purchase our products or services.
Where HERA and a Client enter into a separate written proposal, quotation, service agreement, or statement of work, that document will apply to the relevant project. If there is a conflict between these Terms and the separate written agreement, the separate written agreement will control for that project.
2. Definitions
For purposes of these Terms:
- “Services” means creative services, branding, graphic design, web and digital design, brand strategy, marketing, consulting, content, campaign development, merchandise design, and any other services agreed between HERA and the Client.
- “Deliverables” means the final materials expressly identified for delivery in an applicable proposal or statement of work.
- “Client Materials” means all information, content, text, images, logos, trademarks, files, data, instructions, and other materials supplied by or on behalf of the Client.
- “Final Designs” means the final, approved designs specifically identified as deliverables in the applicable proposal or statement of work.
- “Working Materials” means drafts, concepts, sketches, rejected alternatives, source files, working files, production files, research, notes, processes, templates, systems, tools, and other materials used to create the Deliverables.
- “Third-Party Materials” means materials owned or controlled by third parties, including stock images, fonts, software, plugins, music, templates, licensed content, and other third-party intellectual property.
- “Custom-Made Item” means any product personalized, customized, altered, manufactured, printed, or produced according to a customer’s specifications, including products bearing a customer’s name, logo, design, text, image, or other requested feature.
3. Website Use
You may use the website only for lawful purposes and in accordance with these Terms and Conditions.
You must not:
- use the website in violation of any applicable law or regulation;
- interfere with or disrupt the operation, security, or availability of the website;
- attempt to gain unauthorized access to any system, account, server, or database;
- introduce viruses, malware, harmful code, or other damaging material;
- copy, reproduce, republish, distribute, modify, sell, or exploit website content without our prior written consent;
- use automated systems to scrape, extract, monitor, or collect website content without our written authorization;
- impersonate HERA, an employee, representative, Client, or another person or entity; or
- use the website in a manner that infringes the rights of HERA or any third party.
We may suspend or terminate access to the website at any time if we reasonably believe that you have breached these Terms and Conditions or used the website unlawfully.
4. Website Content
The website and its content are provided for general informational and promotional purposes. Although HERA seeks to keep website content accurate and current, we do not warrant that the content is complete, accurate, error-free, uninterrupted, or current at all times.
Website content may include examples of work, case studies, testimonials, descriptions, images, product information, pricing, availability, and other materials. Examples and testimonials do not guarantee that identical results will be achieved for every Client.
We may update, modify, suspend, or remove website content, products, Services, pricing, or features at any time without prior notice.
5. Creative Services
5.1 Engagement and Scope
HERA will provide the Services described in the applicable proposal, quotation, service agreement, or statement of work.
The scope of work may include, as applicable:
- brand identity development;
- logo and visual identity design;
- brand strategy and positioning;
- marketing strategy;
- campaign concepts;
- social media and digital content;
- website and digital design;
- packaging and merchandise design;
- copywriting and creative direction; and
- other agreed creative or marketing services.
Any Services, Deliverables, timelines, revisions, formats, usage rights, fees, and payment terms not expressly included in the applicable written agreement are excluded from the scope.
Requests outside the agreed scope may be treated as additional work and may require a revised quotation, additional fee, or revised delivery schedule.
5.2 Scope Changes
The Client may request changes to the agreed scope. HERA will determine whether a request is within the original scope.
If a request is outside the original scope, HERA may provide a written estimate or change order. HERA is not required to begin additional work until the Client accepts the additional fees and any revised timeline.
Scope changes may include:
- additional concepts or design directions;
- additional revision rounds;
- new formats, adaptations, or applications;
- additional meetings or presentations;
- additional research or strategy work;
- changes requested after approval;
- changes resulting from new Client information or instructions; or
- work delayed or repeated due to incomplete or inaccurate Client Materials.
5.3 Proposals and Acceptance
A proposal, quotation, or statement of work becomes binding when it is signed, accepted in writing, accepted electronically, or when the Client makes a payment or instructs HERA to begin work.
HERA may decline or discontinue a project where the requested work is unlawful, misleading, discriminatory, abusive, defamatory, infringing, or inconsistent with HERA’s professional standards.
5.4 Revisions and Approvals
The number of included revisions will be specified in the applicable proposal or statement of work. A revision means a reasonable modification to an existing concept. A new concept, change in direction, or material change to previously approved work may be treated as additional work.
The Client is responsible for reviewing and approving concepts and Deliverables promptly. Approval may be given by email, messaging platform, project management platform, electronic signature, or other written communication.
Once a concept or Deliverable has been approved, further changes may incur additional fees and may affect the delivery schedule.
HERA will not be responsible for errors that the Client approved or failed to identify during the review and approval process.
5.5 Timelines and Delays
HERA will use reasonable efforts to meet agreed timelines. Unless expressly stated otherwise in writing, all delivery dates are estimates.
The Client must provide timely access, instructions, content, feedback, approvals, account credentials, and other materials reasonably required to perform the Services.
If the Client delays or fails to provide required materials, feedback, decisions, or payment, HERA may:
- extend the delivery schedule;
- pause the project;
- reallocate resources;
- charge additional fees caused by the delay;
- require a restart fee; or
- terminate the project under these Terms.
HERA will not be responsible for delays caused by the Client, third-party suppliers, technical failures outside HERA’s reasonable control, shipping providers, or events of force majeure.
6. Client Responsibilities
The Client agrees to:
- provide complete, accurate, and timely instructions and Client Materials;
- appoint an authorized representative with authority to make decisions and approvals;
- ensure that Client Materials do not infringe the rights of any third party;
- obtain all permissions, releases, licenses, and consents required for Client Materials;
- review Deliverables carefully and provide consolidated feedback;
- make payments when due;
- provide access to relevant accounts, platforms, data, and systems where required;
- comply with applicable advertising, marketing, consumer protection, intellectual property, privacy, and industry-specific laws;
- obtain legal, regulatory, financial, or technical advice where required for the Client’s business; and
- maintain backups of Client Materials and other information supplied to HERA.
HERA may rely on the accuracy and completeness of Client Materials and instructions. HERA is not responsible for delays, defects, claims, or additional costs resulting from inaccurate, incomplete, late, or unauthorized Client Materials or instructions.
7. Fees, Deposits, and Payment
Fees, deposits, payment schedules, taxes, expenses, and payment methods will be stated in the applicable proposal, quotation, invoice, or statement of work.
Unless otherwise agreed in writing:
- deposits and advance payments are applied to the project and are non-refundable once HERA has allocated resources or begun work;
- invoices are due by the date stated on the invoice;
- late payments may result in suspension of Services and withholding of Deliverables;
- HERA may charge reasonable costs incurred in collecting overdue amounts;
- the Client is responsible for applicable taxes, duties, customs charges, payment processing fees, shipping charges, and third-party licensing costs; and
- payment does not include rights or materials not expressly included in the applicable agreement.
HERA may suspend work, withhold Deliverables, revoke access to files, or terminate the engagement if an invoice remains unpaid.
8. Cancellations, Termination, and Kill Fees
8.1 Client Cancellation
The Client may request cancellation of a project by written notice. Cancellation will not relieve the Client of its obligation to pay amounts earned or incurred before cancellation.
Unless the applicable written agreement provides different terms, the following cancellation charges apply:
- Cancellation before work begins: the Client must pay all non-refundable deposits, third-party costs, committed expenses, and an administrative cancellation fee equal to 20% of the total project fee.
- Cancellation after work begins but before substantial completion: the Client must pay all fees for work completed, all committed or non-refundable expenses, and a kill fee equal to 50% of the remaining unpaid project fee.
- Cancellation after final approval or substantial completion: the Client must pay 100% of the remaining project fee.
- Cancellation of a recurring or retainer engagement: the Client must pay all fees due through the end of the applicable notice period or committed term, as stated in the applicable agreement.
A kill fee compensates HERA for reserved capacity, lost opportunities, project administration, planning, and other commitments made in reliance on the engagement.
8.2 HERA Termination
HERA may terminate or suspend a project or Services immediately upon written notice if:
- the Client fails to pay an amount when due;
- the Client materially breaches these Terms or the applicable agreement;
- the Client fails to provide required materials, decisions, access, or cooperation;
- the Client requests unlawful, infringing, deceptive, abusive, or unethical work;
- the Client becomes insolvent, ceases business, or enters liquidation; or
- continuing the engagement would reasonably expose HERA to legal, financial, reputational, or professional risk.
If HERA terminates because of the Client’s breach, all fees for work completed, expenses incurred, committed costs, and applicable cancellation or kill fees become immediately due.
The Client may terminate for HERA’s material breach only if the Client provides written notice describing the breach and HERA fails to cure it within 15 days, where the breach is capable of being cured.
8.3 Effect of Termination
Upon termination:
- the Client must pay all outstanding amounts immediately;
- HERA may withhold unfinished or unpaid Deliverables;
- rights in Deliverables do not transfer until full payment is received;
- each party must return or destroy confidential information upon request, subject to legal and archival requirements; and
- provisions intended to survive termination will remain in effect, including payment obligations, intellectual property, confidentiality, liability limitations, indemnity, and dispute provisions.
9. Intellectual Property
9.1 HERA Ownership Before Final Payment
Until HERA has received full and final payment for all amounts relating to a project, HERA retains all rights, title, and interest in the Services, Deliverables, concepts, drafts, designs, Working Materials, and related intellectual property.
The Client may not use, publish, reproduce, distribute, modify, register, license, sell, or otherwise exploit unpaid work without HERA’s prior written consent.
9.2 Transfer of Final Designs
Upon HERA’s receipt of full and final payment, HERA assigns to the Client the transferable intellectual property rights in the Final Designs expressly identified as deliverables in the applicable proposal or statement of work.
The transfer applies only to the Final Designs selected and approved by the Client. It does not include:
- unused concepts or rejected alternatives;
- drafts, sketches, research, strategy documents, notes, or Working Materials;
- HERA’s pre-existing materials, systems, tools, methods, processes, know-how, templates, or techniques;
- Third-Party Materials;
- fonts, stock images, software, plugins, music, or other materials subject to third-party terms; or
- materials that cannot legally be assigned.
Unless expressly agreed in writing, HERA is not required to provide editable source files, working files, production files, or native files.
9.3 Third-Party Materials
Third-Party Materials remain subject to the applicable third-party license terms. The Client is responsible for complying with those terms and paying any required license, renewal, usage, or subscription fees unless otherwise agreed in writing.
HERA may substitute reasonably equivalent materials if a third-party asset becomes unavailable, restricted, discontinued, or commercially impractical.
9.4 Client Materials
The Client retains ownership of Client Materials. The Client grants HERA a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, display, and process Client Materials solely as necessary to provide the Services.
The Client represents and warrants that it has all rights and permissions necessary for HERA to use Client Materials as contemplated by the engagement.
9.5 Portfolio and Promotional Rights
Unless the parties agree otherwise in writing, HERA may display and use completed work, Final Designs, project descriptions, and the Client’s name and logo in HERA’s portfolio, website, presentations, social media, proposals, award submissions, and other promotional materials.
HERA will not publicly disclose confidential information supplied by the Client. If the Client requires a confidentiality period, embargo, or restriction on portfolio use, that requirement must be agreed in writing before the project begins.
10. Physical Merchandise and Custom-Made Items
10.1 Orders and Product Information
Product images, colors, dimensions, mockups, and descriptions are provided for illustration and may vary slightly from the final product due to screen settings, manufacturing processes, materials, printing methods, or supplier tolerances.
HERA may correct pricing, product descriptions, availability, or other errors and may cancel an order affected by an obvious error, subject to refunding amounts paid for the canceled order.
An order is accepted only when HERA confirms acceptance or begins processing the order. HERA may decline an order where the requested design, content, or use is unlawful, infringing, misleading, offensive, or technically unsuitable for production.
10.2 Custom-Made and Personalized Items
Custom-Made Items are non-refundable and cannot be canceled, exchanged, or returned solely because the Customer changes their mind, selects an incorrect option, provides incorrect information, or no longer wants the item.
Before production, the Customer is responsible for checking all spelling, names, dates, colors, sizes, artwork, addresses, and other order details. HERA is not responsible for errors contained in information approved or supplied by the Customer.
This exclusion does not limit rights relating to items that are defective, materially damaged before delivery, materially different from the approved order, or otherwise not supplied in accordance with applicable law.
10.3 Standard Item Returns
Subject to the exclusions below, standard, non-personalized items may be returned within 14 days after delivery.
To qualify for a return, the item must:
- be unused, unworn, and in resalable condition;
- be returned with its original packaging, tags, and accessories;
- not be damaged, altered, washed, engraved, printed, or personalized; and
- be accompanied by proof of purchase.
The Customer must contact HERA at [HERA CREATIVES contact email] before shipping a return. Unauthorized returns may be refused.
Unless the item is defective, damaged before delivery, or incorrectly supplied by HERA, the Customer is responsible for return shipping costs and any applicable delivery charges. Refunds will be issued after the returned item has been received and inspected. Approved refunds will generally be made using the original payment method, subject to payment-provider processing times.
The 14-day return policy does not apply to:
- Custom-Made Items;
- personalized items;
- items made to the Customer’s specifications;
- items that have been used, worn, washed, altered, damaged, or returned incomplete;
- items damaged through improper handling or storage;
- items that cannot be resold for health, hygiene, or safety reasons where applicable; or
- digital products or downloadable materials, once access or downloading has begun, where permitted by law.
Nothing in this section limits any mandatory consumer rights or remedies available under applicable law, including rights relating to defective, unsafe, or non-conforming products.
10.4 Defective, Damaged, or Incorrect Items
The Customer must inspect merchandise promptly after delivery and notify HERA of any defect, damage, shortage, or incorrect item within a reasonable period, preferably within 48 hours of delivery.
HERA may request photographs, packaging information, order details, or other evidence to assess the issue. Where HERA confirms that an item was defective, damaged before delivery, or supplied incorrectly, HERA may, as required by applicable law or at its discretion:
- repair the item;
- replace the item;
- provide a reasonable price adjustment; or
- issue a refund.
HERA is not responsible for damage caused after delivery by misuse, improper care, normal wear and tear, failure to follow instructions, or unauthorized alteration.
10.5 Shipping and Delivery
Delivery dates are estimates unless expressly guaranteed in writing. HERA is not responsible for delays caused by couriers, customs, strikes, weather, public authorities, incorrect addresses, failed delivery attempts, or events outside HERA’s reasonable control.
The Customer is responsible for providing an accurate delivery address and for any customs charges, duties, taxes, or import requirements applicable to the destination.
Risk in merchandise passes to the Customer upon delivery, except to the extent mandatory law provides otherwise.
11. Marketing, Strategy, and Performance Disclaimers
HERA provides strategic and creative recommendations based on the information, objectives, market conditions, and assumptions available at the time.
HERA does not guarantee:
- a specific level of revenue, profit, sales, traffic, engagement, followers, leads, conversions, funding, market share, or return on investment;
- approval by a platform, regulator, advertising network, search engine, marketplace, or other third party;
- uninterrupted operation of third-party platforms;
- that a campaign, design, strategy, or content will achieve a particular commercial result; or
- that business results will continue for any specific period.
The Client remains responsible for business decisions, pricing, claims, product compliance, advertising substantiation, regulatory approvals, and the implementation of recommendations.
12. Confidentiality
Each party may receive non-public information belonging to the other party. The receiving party must use confidential information only for purposes of the engagement and must not disclose it except to employees, contractors, professional advisers, or suppliers who need to know it and are subject to confidentiality obligations.
Confidential information does not include information that:
- is or becomes publicly available without breach;
- was lawfully known before disclosure;
- is received lawfully from a third party without a confidentiality obligation; or
- is independently developed without use of the confidential information.
A party may disclose confidential information where required by law, court order, or governmental authority, provided that it gives advance notice where legally permitted.
13. Privacy and Personal Information
HERA may collect and process personal information in connection with website use, orders, inquiries, payments, delivery, customer support, and Services.
Personal information will be handled in accordance with applicable law and HERA’s applicable privacy notice or policy published on the website.
The Client must not provide HERA with sensitive personal information unless it is necessary for the Services and the Client has a lawful basis and all required consents for such disclosure.
14. Third-Party Services and Links
The website, Services, or Deliverables may involve third-party platforms, software, hosting providers, payment processors, social networks, advertising platforms, printing suppliers, shipping providers, or other third-party services.
HERA is not responsible for the availability, security, policies, content, performance, or actions of third parties. The Client is responsible for reviewing and complying with the applicable third-party terms and licenses.
Links to third-party websites are provided for convenience and do not constitute an endorsement, guarantee, or representation by HERA.
15. Disclaimers
To the maximum extent permitted by applicable law, the website, website content, and non-essential website features are provided on an “as is” and “as available” basis.
HERA disclaims all warranties, representations, and conditions not expressly stated in these Terms and Conditions, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and uninterrupted operation.
Nothing in these Terms excludes or limits any warranty, guarantee, right, or remedy that cannot legally be excluded or limited.
16. Limitation of Liability
To the maximum extent permitted by applicable law, HERA will not be liable for:
- indirect, incidental, special, exemplary, punitive, or consequential loss;
- loss of profits, revenue, sales, business, goodwill, reputation, anticipated savings, data, or opportunities;
- business interruption or loss resulting from platform downtime;
- loss arising from the Client’s use, modification, publication, or implementation of Deliverables;
- loss caused by Client Materials, Client instructions, Client approvals, or third-party materials;
- loss caused by third-party platforms, suppliers, carriers, software, or services; or
- loss resulting from events outside HERA’s reasonable control.
To the maximum extent permitted by applicable law, HERA’s total aggregate liability arising out of or relating to:
- a Services engagement will not exceed the total fees actually paid to HERA for the specific Services giving rise to the claim during the six months preceding the event giving rise to liability; and
- a merchandise order will not exceed the amount actually paid for the specific item or order giving rise to the claim.
These limitations do not apply to liability that cannot legally be limited or excluded, including liability arising from fraud, intentional misconduct, or any mandatory statutory protection.
A claim must be brought within the period permitted by applicable law and, where legally permitted, within one year after the event giving rise to the claim.
17. Indemnification
To the maximum extent permitted by law, the Client agrees to indemnify and hold harmless HERA, its owners, employees, contractors, representatives, and suppliers from claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or relating to:
- Client Materials;
- the Client’s breach of these Terms or an applicable agreement;
- the Client’s violation of law or third-party rights;
- the Client’s products, services, advertising claims, or business practices;
- the Client’s use, publication, modification, or implementation of Deliverables; or
- unauthorized or unlawful use of HERA’s work or website.
HERA will provide reasonable notice of an indemnified claim and may participate in its defense. The Client must not settle a claim in a manner that admits liability by HERA or imposes obligations on HERA without HERA’s prior written consent.
18. Force Majeure
HERA will not be liable for delay, interruption, or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, public health emergencies, government action, power or telecommunications failures, cyberattacks, labor disputes, supplier failure, platform outages, shipping disruptions, or other force majeure events.
The affected party will use reasonable efforts to notify the other party and resume performance as soon as reasonably practicable.
19. Changes to These Terms
HERA may update these Terms and Conditions from time to time. The updated version will be posted on the website with a revised “Last Updated” date.
Changes will apply to future website use, orders, and engagements after publication. For an existing project, the written agreement applicable to that project will continue to govern unless the parties agree otherwise.
20. Notices
Notices to HERA must be sent to:
HERA CREATIVES
7435 North Figueroa Street, Eagle Rock, CA, USA
Website: https://heracreatives.com
Email: [HERA CREATIVES contact email]
Address: 7435 North Figueroa Street, Eagle Rock, CA, USA
Notices to the Client may be sent to the email address or contact details provided by the Client.
A notice sent by email is considered received when the sender does not receive an automated delivery failure message, unless applicable law requires a different method.
21. Governing Law and Jurisdiction
These Terms and Conditions and any dispute arising out of or relating to the website, products, or Services will be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict-of-law principles.
Subject to any mandatory consumer protection rights or legally required alternative forum, the courts of Beirut, Lebanon, will have exclusive jurisdiction over disputes arising out of or relating to these Terms and Conditions, the website, products, or Services.
The parties will attempt in good faith to resolve any dispute through direct communication before commencing formal proceedings.
22. General Provisions
22.1 Entire Agreement
These Terms and Conditions, together with any applicable proposal, quotation, statement of work, invoice, order confirmation, or written agreement, constitute the entire agreement between the parties regarding the relevant subject matter.
22.2 Severability
If any provision is determined to be invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. The remaining provisions will remain in full effect.
22.3 No Waiver
A failure or delay by HERA to enforce any provision does not constitute a waiver of that provision or any other right.
22.4 Assignment
The Client may not assign or transfer its rights or obligations without HERA’s prior written consent. HERA may assign or transfer its rights and obligations to an affiliate, successor, purchaser, or entity acquiring substantially all of its business or assets.
22.5 Independent Contractors
HERA and the Client are independent contractors. These Terms do not create a partnership, joint venture, employment, fiduciary, franchise, or agency relationship.
22.6 No Third-Party Beneficiaries
Except for HERA’s owners, employees, contractors, representatives, and suppliers where expressly stated, these Terms do not create rights for any person who is not a party to them.
22.7 Electronic Communications
The parties may communicate, approve work, accept proposals, sign documents, and form agreements electronically. Electronic communications and records may be used as evidence of instructions, approvals, acceptance, and agreement, subject to applicable law.
22.8 Language
These Terms and Conditions are written in English. If they are translated into another language, the English version will prevail to the extent permitted by applicable law.
23. Contact
For questions regarding these Terms and Conditions, orders, returns, or Services, contact:
HERA CREATIVES
7435 North Figueroa Street, Eagle Rock, CA, USA
Website: https://heracreatives.com
Email: info@heracreatives.com
Mailing Address: 7435 North Figueroa Street, Eagle Rock, CA, USA