Terms of service.

Welcome to EverBe Creatives! EverBe Creatives’s mission is to bring our client's visions to life, regardless of how big or small it may be. For those who need guidance from day one to the day of their event, EverBe Creatives offer full-service wedding planning. When selecting this option the team will assist with the design of your ceremony and reception, budget creation, vendor assistance, and much more. Design and Style-service wedding planning is available for couples who have their vendors handled but need assistance with the aesthetics of their big day.

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you, whether personally or on behalf of an entity ("you," "your") and EverBe Creatives. These Terms govern your access to and use of our website and services offered therein. By accessing or using the Service, you expressly acknowledge that you have read, understood, and agree to be bound by, and comply with these Terms. Should you disagree with any part of these Terms, you must not access, browse, or otherwise use the Website and the Services in any capacity.

You may not use or access the Services unless, and by accessing the Services you represent and warrant that, you (1) if an individual, are at least 18 years of age, (2) have not at any time breached a contract with EverBe Creatives, (3) that you are the holder of the bank/credit card or bank account used for purchases on the Platform, and (4) accept and agree to be bound by these Terms.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

ARTICLE 1: DATA PRIVACY AND INTEGRITY

For the avoidance of doubt, the acquisition, storage, and manipulation of personal and non-personal data through the Website shall be governed by EverBe Creatives's Privacy Policy. This Privacy Policy is incorporated by reference into these Terms and shall form an integral part hereof. The Company undertakes to comply with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation ("GDPR"). The User acknowledges that they have read and understood the provisions set forth in the Privacy Policy and consents to the treatment of their data as outlined therein.

ARTICLE 2: ELIGIBILITY CRITERIA FOR USE OF THE SERVICES

2.1 Age Requirement: In order to access or use the Services, the User must have attained the age of eighteen (18) years. Any access to or use of the Services by anyone under the age of eighteen (18) is unauthorized, unlicensed, and in violation of these Terms.

2.2 Legal Capacity: The User hereby represents and warrants that they are legally capable of entering into binding contracts under the applicable laws, rules, and regulations of their respective jurisdiction. If the User is representing a business entity, they must have the legal authority to bind that entity to these Terms.

2.3 Verification: The Company reserves the right to verify the eligibility criteria set forth herein and may, at its sole discretion, deny access to the Services for any User who does not meet these criteria.

ARTICLE 3: ACCOUNT REGISTRATION AND USER OBLIGATIONS

3.1 Registration Requirement: Certain functionalities and features of the Website may necessitate the creation of a user account ("Account"). The User agrees to undergo the registration process as prompted by the Website's user interface.

3.2 Accuracy of Information: The User hereby warrants and represents that all information provided during the Account registration process, including but not limited to, name, email address, and any other identifying or pertinent information, shall be accurate, current, and complete.

3.3 Duty to Update: The User shall maintain and promptly update the information in their Account to keep it accurate, current, and complete at all times. Failure to do so may result in suspension or termination of the Account at the Company's sole discretion.

3.4 Validation Checks: EverBe Creatives reserves the right to employ reasonable means, including automated systems and manual checks, to validate the accuracy, currency, and completeness of the information provided by the User during the Account registration process. The User consents to such validation checks and acknowledges that any misrepresentation may lead to the termination of their Account.

ARTICLE 4: PERMITTED USE

4.1 Authorized Usage: The User agrees to utilize the Website solely for its intended purpose, which is to gather information, inquire about, and engage services related to wedding and event planning. This includes browsing service packages, scheduling consultations, and communicating with the Planner via the Website's functionalities and features.

4.2 Prohibited Conduct: Any misuse, abuse, or unauthorized use of the Website is strictly prohibited. Such activities include, but are not limited to, tampering with the Website, unauthorized access to other users' accounts, or the dissemination of malicious software. Such misuse shall be considered a material breach of these Terms.

4.3 Consequences of Misuse: Any violation of this Article may result in immediate termination of the User's Account without notice and may subject the User to civil and/or criminal liability as per the laws and regulations applicable in the State of North Carolina.

ARTICLE 5: SERVICES AND PACKAGES

5.1 Services

  1. Full-Service Weddings: Corresponding to the "Full-Service Wedding Planning, Design + Style" package, the Planner shall provide comprehensive event planning, coordination, and design, ensuring all necessary vendors are booked and coordinated for the wedding. The Client is responsible for all vendor payments.

  2. Design & Style Services: This aligns with the "Design + Style Only" package. The Planner shall coordinate and book all vendors related to design aspects of the event, including but not limited to florists, lighting, staging, and rentals. The Client is obligated to ensure that all payments to design vendors are made punctually. The Planner shall not bear legal responsibility for any delinquencies in vendor payments by the Client.

  3. Full-Service Events: This mirrors the "Full-Service Event Planning, Design + Style (Special Events)" package, offering complete event planning and styling for occasions beyond weddings.

ARTICLE 6: PRICING AND PAYMENT PROCEDURES

6.1 Pricing Information: All current rates for our wedding and event planning services, along with any associated fees. We reserve the right to correct any errors in pricing or other service information. All listed prices include any applicable taxes.

6.2 Promotional Offers: Special pricing conditions may apply based on promotional offers, seasonal packages, or exclusive client deals. These conditions may be initiated by EverBe Creatives.

6.3 Pricing Autonomy: We reserve the right to establish pricing for our services and may also limit the availability of certain offers at our sole discretion.

6.4 Price Adjustments: Prices for services are subject to change. It is the Client’s responsibility to verify current pricing at the time of booking or service engagement.

6.5 Payment Schedule: Detailed in the contract, reflecting deposit requirements and payment milestones leading up to the event.

6.6 Minimum Service Requirements: Certain packages or services may require a minimum investment. This minimum will be clearly communicated during the consultation process.

6.7 Payment Methods: Payments can be made through various methods, including but not limited to, bank/credit cards, and direct bank transfers. Available payment methods will be outlined during the booking process.

6.8 Third-Party Payment Services: All payments are facilitated through third-party payment processors. Clients agree to abide by the terms of service of these third-party providers.

6.9 Payment Information Storage: With client consent, payment details may be stored with third-party payment providers for future transactions, ensuring EverBe Creatives does not store any sensitive financial information directly.

6.10 Cancellations and Refund Policy: All initial deposits are strictly non-refundable. Subsequent payments made prior to any cancellation by the Client will be non-refundable, except in cases of force majeure, wherein fifty percent (50%) of such payments may be refunded to the Client. In the event that EverBe Creatives cancels the services under conditions not attributed to Client's failure to comply with these terms, the Client shall be entitled to a refund of fifty percent (50%) of all payments made, excluding the non-refundable deposit. Any amendments to the event date or venue without prior consultation and agreement with EverBe Creatives may result in additional fees or termination of any Agreement entered into with EverBe Creatives, at our own discretion.

ARTICLE 7: THIRD-PARTY WEBSITES AND SERVICES

7.1 External Links: The Website may contain links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through, or installed from the platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content.

7.2 Disclaimers: EverBe Creatives shall bear no responsibility or liability for the content, privacy policies, or practices of any third-party websites or services linked to from the Website. Users access these links at their own risk. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.

ARTICLE 8: LIMITATION OF LIABILITY

To the fullest extent permissible under applicable laws of the State of North Carolina and other jurisdictions, EverBe Creatives shall not be liable to the Client or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the services provided hereunder, even if EverBe Creatives has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, EverBe Creatives liability to the Client for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the Client to EverBe Creatives for the services rendered during the three (3) months prior to the cause of action.

ARTICLE 9: WARRANTIES AND DISCLAIMERS

9.1 No Express or Implied Warranties: The Website is provided "as is" and "as available" without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 No Warranty on Continuous, Uninterrupted or Secure Access: EverBe Creatives does not warrant that the use of the Website will be uninterrupted, timely, secure, or error-free, nor does EverBe Creatives warrant that any defects in the Website will be corrected.

9.3 Non-reliance: The User expressly agrees that their use of the Website is at their sole risk and that they are solely responsible for the accuracy of the personal and any other information they provide.

ARTICLE 10: INDEMNIFICATION

You agree to defend, indemnify, and hold harmless EverBe Creatives, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, (including reasonable attorneys’ fees and expenses), made by any third party due to, arising out of, or in connection with: (1) your use of the Services; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS

11.1 Ownership of Intellectual Property: All rights, title, and interest in and to the Website, including but not limited to its original content, features, and functionality, are the exclusive property of EverBe Creatives and are protected under international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

11.2 Prohibition of Unauthorized Use: No part of the Website, including its content, features, or functionality, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the express prior written permission of EverBe Creatives.

11.3 Infringement Consequences: Any unauthorized use of the intellectual property of EverBe Creatives is considered a breach of these Terms and may lead to termination of the User’s Account as well as legal actions including but not limited to seeking damages and injunctive relief.

11.4 Non-transferable Rights: The User acknowledges that any rights granted to them under these Terms are non-transferable and that any rights to the intellectual property of EverBe Creatives remain with EverBe Creatives, its licensors, or rights holders, as applicable.

ARTICLE 12: GOVERNING LAW AND JURISDICTION

12.1 Governing Law: These Terms and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law.

12.2 Venue: Any legal actions, suits, or proceedings against EverBe Creatives arising out of these Terms shall be venued exclusively in a court of competent jurisdiction located within the State of North Carolina, and the User consents to such venue and jurisdiction.

ARTICLE 13: DISPUTE RESOLUTION

13.1 Initial Attempt for Amicable Resolution: In the event of any controversy or dispute between EverBe Creatives and the User arising out of or in connection with the use of the Website, both parties shall first attempt to resolve such dispute through friendly consultation and mutual discussions.

13.2 Formal Dispute Resolution: If such dispute cannot be satisfactorily resolved informally within a reasonable period, then both parties agree to resolve the dispute through formal dispute resolution mechanisms, such as by arbitration or litigation, as mutually agreed upon by both parties. As a private person/consumer resident within the EU, you also have the right to use the European Commission’s ODR Website (European Online Dispute Resolutions) regarding dispute resolution via the internet.

13.3 Agreement to Engage in Good Faith Negotiations: Both parties expressly agree to engage in good faith negotiations prior to resorting to formal dispute resolution mechanisms, and failure to do so may be considered a material breach of these Terms.

ARTICLE 14: TERMINATION OF ACCOUNT AND SERVICE USE

14.1 Right to Terminate: EverBe Creatives reserves the right, in its sole discretion, to terminate or suspend the User's Account without prior notice for actions that are determined to be in violation of these Terms or are injurious to EverBe Creatives, its customers, third-party vendors, or any other stakeholders.

14.2 Consequences of Termination: Upon termination, the User may forfeit any benefits, rewards, or credits associated with their Account. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.‍

ARTICLE 15: FORCE MAJEURE

15.1 Definition of Force Majeure: For the purposes of these Terms, "Force Majeure" means any event that is beyond the reasonable control of EverBe Creatives and shall include, without limitation, acts of God, acts of civil or military authorities, fires, floods, earthquakes, epidemics, or riots.

15.2 Limitation of Liability: EverBe Creatives shall not be liable for any failure to perform or delay in performance of any of its obligations under these Terms where such failure or delay is due to a Force Majeure event.

ARTICLE 16: ENTIRE AGREEMENT

16.1 Supersedes Previous Agreements: These Terms constitute the entire understanding and agreement between the User and EverBe Creatives with respect to the use of the Website, superseding all prior or contemporaneous communications and/or proposals, whether verbal or written, between the User and EverBe Creatives.

ARTICLE 17: AVAILABILITY AND MAINTENANCE OF THE WEBSITE

17.1 Service Availability: While EverBe Creatives endeavors to maintain the availability of the Website, such availability is not guaranteed. the Website may be subject to interruptions, limitations, delays, and other issues for a variety of reasons, including but not limited to, system maintenance, updates, or external factors beyond the Company's control.

17.2 Right to Suspend or Update: EverBe Creatives reserves the right, at its sole discretion, to perform routine or emergency maintenance, updates, or other alterations to the Website at any time. Such activities may result in temporary unavailability of the Website or certain features therein.

17.3 No Liability: The Company shall not be liable for any direct, indirect, consequential, or incidental damages arising out of any downtime, maintenance, or updates to the Website.

ARTICLE 18: CHANGES TO TERMS

18.1 Right to Modify: EverBe Creatives reserves the right to change, modify, or revise these Terms at any time.

18.2 Notice and Acceptance: Any changes will be effective upon posting the revised version of these Terms on the Website. The User's continued use of the Website following the posting of any changes to the Terms constitutes acceptance of those changes.

18.3 User Responsibility: It is the User's responsibility to review these Terms periodically. If at any time the User finds these Terms unacceptable, the User must immediately cease all use of the Website. 

Contact Us

If you have any questions about these Terms, the Platform, our wedding planning services and packages, or if you experience any problems with your account, you are welcome to contact our customer service via email at: admin@everbecreatives.com or by writing in our chat which you can find on our social media Platforms.