Binding Contract Between You and Existence Creative Solutions (ECS)

These "Terms of Use" are a contract between you and us and govern your Existence Creative Solutions (ECS) Service use. Agreeing to these Terms of Use is a condition of any ECS Service use. You signify your agreement to these Terms of Use and will be legally bound by them from the date on which you:

click to accept or agree to these Terms of Use where ECS presents an option to do so, either on the Website or otherwise; or

use the Services in any way, in which case you understand and agree that your ECS Service use will signify your acceptance of these Terms of Use from the moment you first begin to use the ECS Service.


All payments are due within 30 days of billing. Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, ECS Design reserves the right to freeze all work / hosting until accounts are settled.

The Company will only commence work on a project after receipt of the deposit payment from the client. The deposit is non-refundable and should you wish to cancel at any point during the process you shall remain liable for the work that has taken place and shall be invoiced accordingly.


ECS will provide a Finished Product(s) to the Client in the form of source, rendered and asset files. These files become the exclusive property of the Client upon acceptance of delivery, however these files are partially based on a non-exclusive code base created and maintained by ECS and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.


ECS will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. ECS requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.


ECS will manage this Contract using a proprietary project tracking software including wikis, issue tracking, Subversion integration, announcements and timelines. The Client’s Point of Contact, stakeholders, and collaborators will all have appropriate access to the project and all associated assets. This system will serve as a primary mode of communication, documentation, and reporting. Any approval marked within the system by the Point of Contact will be considered official written approval.


ECS retains the rights to subcontract any portion of the Contract.


If within one year of termination of this agreement the Client hires or contracts with any employee or Independent Contractor of ECS. The Client will agree to pay ECS, a finder’s fee of 50% of the annual salary or contract fees offered to the contractor or employee. Said payment will be rendered within 30 days of hiring or contracting the contractor or employee.


ECS is not set up to support on call services. Within the duration of this Contract ECS will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. ECS will respond in good faith but cannot guarantee any specific action within a given time frame.


In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. ECS is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.


ECS provides Hosting services beyond temporary internal development environments. The Client is not required to choose ECS for Hosting solutions and associated services and can provide their own Hosting environment if preferred. ECS is NOT responsible for down time, poor performance, or loss of data caused by any 3rd party Hosting Provider.


ECS maintains internal backups of active project code, databases, and design files. While the ECS backup system is fully redundant and proven reliable, ECS can not guaranteed that Backup and Restoration of the website will get the Clients website back to the original state and therefore does not charge for the backup process. Restoration of all backups are charged at the normal hourly rate.


Although ECS makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, ECS can in no way guaranty that the Finished Product(s) will not be subject security breaches. ECS recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract.


The client shall provide all text, copy & images for the project. If the copy is not provided and delays the project, the Company may populate all text areas with ‘dummy text’ and continue as if the text was provided. Further, the Company shall assume that the text/copy provided as final and will not be liable for any spelling or grammatical mistakes in the text.

ECS has the right to refuse any material which may be deemed offensive, abusive, defamatory, or in any breach of copyright law. It is the duty of the client to establish the rights to any material supplied for inclusion in the project. ECS cannot be held liable for any breeches in copyright or privacy as a result of images or content supplied.


Any image editing or enhancement for product photographs etc will be at additional charges. This includes but is not limited to photo color corrections and changes, background removal, Image rendering etc.


The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.

The Client agrees that any liability of ECS relating to this agreement and the services performed shall be limited to the amount of fees actually received by ECS, from the Client under this agreement regarding the services in question. In no event shall ECS be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.


ECS will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverables. All bug fixes outside of the project scope or after the grace period are the responsibility of the client.

Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.


ECS does not support older browsers past their “End of Life” dates. Older browsers do not support newer coding and security standards and will not display the website properly in some cases. We currently do not provide support for Microsort Internet Explorer 8 or lower. You can get more info from the Official Microsoft website http://windows.microsoft.com/en-us/windows/end-support-help


ECS retains the right to use the Client within its roster of clients. A link to the The Client website/application website will be placed on the ECS web site as part of its business portfolio.


This Contract is valid for the calendar year of in which it was signed, upon which point it expires. Upon expiration, both parties may review and amend the Contract and decide whether or not to renew. This Contract may be terminated by either party with a full 30 day written notice. All payments will be due and all work will be submitted upon the termination of Contract.

The Company will only commence work on a project after receipt of the deposit payment from the client. The deposit is non-refundable and should you wish to cancel at any point during the process you shall remain liable for the work that has taken place and shall be invoiced accordingly.


ECS has the discretion to update this privacy policy at any time without notice and without liability. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Any changes to these Terms and Conditions posted on this Site apply as soon as they are posted. By continuing using ECS for it’s products and services you are indicating your acceptance of those changes.