Terms & Conditions

The explanations and information provided on this page are only general and high-level explanations and information on how to write your own document of Terms & Conditions. You should not rely on this article as legal advice or as recommendations regarding what you should actually do, because we cannot know in advance what are the specific terms you wish to establish between your business and your customers and visitors. We recommend that you seek legal advice to help you understand and to assist you in the creation of your own Terms & Conditions.

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Vaughan Creative Partners
Effective Date: [Insert Date]

These Terms and Conditions (“Terms”) govern the provision of services by Vaughan Creative Partners (“Contractor”) to its clients (“Client”), including agencies, institutions, and political subdivisions of the Commonwealth of Virginia.

1. Authorization to Proceed (Mandatory PO Requirement)

Contractor shall not commence work until receipt of a valid, written authorization to proceed, which may include:

• A fully executed contract

• A signed Statement of Work (SOW)

• A valid Purchase Order (PO) issued through the Commonwealth’s eVA system (if applicable)

No services shall be performed, and no costs shall be incurred, without such authorization. Any work performed without proper authorization is at the Contractor’s sole discretion and risk.

2. Order of Precedence

In the event of a conflict among governing documents, the following order shall control:

1. Executed Contract or Master Agreement

2. Statement of Work (SOW) or Purchase Order (PO)

3. Approved Contractor Proposal or Quote

4. These Terms and Conditions

3. Scope of Services

Services shall be limited to those expressly defined in the governing agreement, SOW, or PO. Any services not explicitly included shall be considered out of scope and subject to additional authorization and compensation.

4. Compensation and Payment

• Fees shall be as stated in the applicable SOW, contract, or PO.

• Contractor shall invoice upon milestone completion or as otherwise specified.

• Payment terms shall be Net 30, unless otherwise required by law.

• Client shall not prepay for services not yet rendered, in accordance with Commonwealth guidelines.

• Contractor reserves the right to suspend services for non-payment, subject to applicable law and notice requirements.

5. Change Orders and Scope Adjustments

Any change in scope, deliverables, schedule, or assumptions must be documented through a written amendment or change order approved by both parties and, where applicable, supported by an updated PO.

Contractor shall not be obligated to proceed with out-of-scope work without written approval.

6. Deliverables, Review, and Acceptance

• Deliverables shall be submitted for review and approval in accordance with the agreed timeline.

• Client shall provide consolidated feedback within a reasonable timeframe.

• Deliverables shall be deemed accepted upon:

  • Written approval, or

  • Five (5) business days without written rejection specifying material deficiencies

7. Intellectual Property

• Upon full payment, ownership or usage rights to final deliverables shall transfer to the Client as specified in the governing agreement.

• Contractor retains ownership of all preliminary concepts, drafts, working files, tools, and methodologies.

• Contractor reserves the right to use non-confidential deliverables for portfolio and promotional purposes unless restricted by written agreement.

8. Confidentiality and Data Protection

Both parties agree to maintain the confidentiality of all proprietary, sensitive, or non-public information. Contractor shall implement reasonable safeguards to protect such information in accordance with applicable laws and industry standards.

9. Compliance with Laws and Virginia Procurement Requirements

Contractor shall comply with all applicable federal, state, and local laws, including but not limited to:

• The Virginia Public Procurement Act (VPPA)

• eVA registration and procurement requirements (if applicable)

Client is responsible for ensuring that all required procurement approvals, funding authorizations, and PO issuance are completed prior to authorizing work.

10. Independent Contractor Status

Contractor is an independent contractor and not an employee or agent of the Client. Contractor is solely responsible for taxes, insurance, and personnel.

11. Subcontracting

Contractor may utilize subcontractors or third-party vendors as necessary. Contractor shall remain responsible for overall project delivery but shall not be liable for delays or failures caused by third parties beyond its reasonable control.

12. Audit and Records (Public Clients)

For public entities, Contractor shall maintain records in accordance with applicable Virginia record retention requirements and shall make such records available for audit as required by law.

13. Limitation of Liability

To the fullest extent permitted by law, Contractor’s liability shall not exceed the total compensation paid under the applicable agreement. In no event shall Contractor be liable for indirect, incidental, or consequential damages.

14. Indemnification

Each party agrees to indemnify and hold harmless the other from claims, damages, or liabilities arising from its own negligent acts, omissions, or willful misconduct, subject to applicable sovereign immunity limitations.

15. Termination

• Either party may terminate in accordance with the governing agreement.

• In the absence of specific terms, termination may occur upon written notice.

• Client shall compensate Contractor for all authorized work performed through the termination date.

16. Force Majeure

Neither party shall be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, labor disruptions, or governmental actions.

17. Governing Law and Venue

These Terms shall be governed by the laws of the Commonwealth of Virginia. Any disputes shall be brought in a court of competent jurisdiction within the Commonwealth.

18. Non-Appropriation (Public Entities)

For public clients, continuation of services is subject to the availability of appropriated funds. In the event funds are not appropriated, the Client may terminate the agreement without penalty, and Contractor shall be compensated for authorized services rendered to date.

19. Entire Agreement

These Terms, together with any executed contract, SOW, or PO, constitute the entire agreement between the parties and supersede all prior discussions or representations.

20. Contact Information

Vaughan Creative Partners
[Insert Email]
[Insert Phone]

 

Legal Disclaimer​

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Vaughan Creative Partners
Effective Date: [Insert Date]

The information provided by Vaughan Creative Partners (“Company,” “we,” “our,” or “us”) on this website and through our services is for general informational and professional purposes only.

1. No Guarantee of Results

Vaughan Creative Partners provides strategic branding, marketing, and consulting services based on experience, industry knowledge, and best practices.

We do not guarantee specific results, including but not limited to:

• Increased revenue or enrollment

• Audience growth or engagement metrics

• Campaign performance outcomes

All outcomes are influenced by factors beyond our control, including market conditions, client implementation, budget, and external variables.

2. Professional Judgment

All recommendations, strategies, and creative deliverables are provided based on professional judgment at the time of engagement. Clients are responsible for evaluating and implementing recommendations in alignment with their organizational goals, policies, and legal obligations.

3. Third-Party Platforms and Services

Our services may involve or reference third-party platforms (e.g., media outlets, digital platforms, analytics tools).

Vaughan Creative Partners does not control and is not responsible for:

• Platform performance or outages

• Algorithm changes or distribution shifts

• Errors, omissions, or policies of third-party providers

4. No Legal or Financial Advice

Nothing provided by Vaughan Creative Partners constitutes legal, financial, or regulatory advice. Clients should consult qualified legal, financial, or compliance professionals regarding specific matters.

5. Limitation of Liability

To the fullest extent permitted by law, Vaughan Creative Partners shall not be liable for any direct, indirect, incidental, or consequential damages arising from:

• Use of this website

• Reliance on provided information

• Implementation of strategies or recommendations

6. Public Sector Considerations

For clients subject to public procurement laws, including those governed by the Commonwealth of Virginia, all services are provided in accordance with applicable statutes, regulations, and authorized agreements.

Nothing in this disclaimer modifies or supersedes any executed contract, Statement of Work (SOW), or Purchase Order (PO).

7. Accuracy of Information

While we strive to provide accurate and up-to-date information, Vaughan Creative Partners makes no warranties or representations regarding the completeness, reliability, or accuracy of any content.

8. External Links

This website may contain links to third-party websites. We do not endorse or assume responsibility for any content, policies, or practices of those external sites.

9. Changes to This Disclaimer

We reserve the right to update or modify this Disclaimer at any time without prior notice. Continued use of our website or services constitutes acceptance of any changes.

10. Contact Information

Vaughan Creative Partners
[Insert Email]
[Insert Phone]