These Terms of Service (the “Terms”) are an agreement between you and Create Business Solutions, LLC, a Virginia limited liability company (“CBS,” “we,” “us,” or “our”). CBS provides products and services under Virginia-registered assumed names, including Vonderfill, The MicroSchool Lab, Kasvu, and Today’s Trades. A product name identifies the service you use; CBS remains the contracting provider.
1. Agreement and acceptance
You accept these Terms by creating an account, clicking an acceptance control, signing an order or statement of work, or using a CBS service after receiving notice of these Terms. You represent that you may bind the person or organization using the service.
2. Scope and statements of work
Your plan, order form, proposal, or statement of work (“SOW”) defines the agreed services, fees, deliverables, responsibilities, and schedule. Only items expressly listed are included. If an SOW conflicts with these Terms, the SOW controls for that engagement.
3. Phases, milestones, and acceptance
An SOW may divide work into phases or milestones and state acceptance criteria. You must review a submitted deliverable within the stated review period, or within ten business days if none is stated, and either accept it or identify specific material failures to meet the criteria. A deliverable is accepted when approved in writing, used in production, or not rejected within that period.
4. Change control
Either party may request a scope change. A change is effective only when both parties approve a written change order describing the revised work, fees, responsibilities, and schedule. CBS need not begin changed or additional work before approval.
5. Accounts, fees, and third-party services
You are responsible for authorized account activity, accurate information, and timely payment. Third-party products remain governed by their own terms. CBS does not assume another person’s obligations or liability unless an authorized CBS representative expressly agrees in a signed writing.
6. Data and private information
Each party retains its pre-existing materials and data. You represent that you may provide information submitted to a service and are responsible for required notices, permissions, and lawful instructions. CBS may process that information to provide, secure, support, and improve the service as described in the applicable privacy policy. Each party will use reasonable safeguards and restrict access to people who need it.
7. Warranty disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CBS DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CBS DOES NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE OPERATION, OR ANY PARTICULAR BUSINESS, EDUCATIONAL, HEALTH, FITNESS, OR FINANCIAL RESULT.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CBS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. CBS’S TOTAL LIABILITY ARISING FROM A SERVICE OR ENGAGEMENT WILL NOT EXCEED THE AMOUNT YOU PAID CBS FOR THAT SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply where prohibited by law.
9. Indemnification and hold harmless
You will defend, indemnify, and hold harmless CBS and its members, officers, employees, and contractors from third-party claims, damages, and reasonable costs arising from your content, unlawful use, violation of these Terms, or infringement of another person’s rights. CBS will promptly notify you and allow you to control the defense, subject to CBS’s right to participate. This section does not require indemnification for CBS’s own gross negligence or willful misconduct.
10. Exclusive remedy
For a substantiated failure to provide a paid service materially as agreed, your exclusive remedy is, at CBS’s option, re-performance or correction of the affected service, or a prorated refund of fees paid for the affected period or deliverable. This remedy is subject to applicable law and the liability limits above.
11. Disputes and binding arbitration
Before filing a claim, each party will give written notice and allow 30 days for informal resolution. Except for small-claims matters or requests for temporary injunctive relief, disputes will be resolved by confidential, individual binding arbitration administered by the American Arbitration Association under its applicable rules. Arbitration will occur in Virginia or remotely. You and CBS waive jury trial and class or representative proceedings to the extent permitted by law.
12. Suspension and termination
You may stop using a service at any time, subject to the applicable plan or SOW. CBS may suspend or terminate access for nonpayment, material breach, unlawful use, or a security risk. Provisions that by nature should survive will survive termination.
13. Virginia law and complete agreement
Virginia law governs these Terms without regard to conflict-of-law rules. Courts in Virginia have exclusive jurisdiction over matters not subject to arbitration. These Terms, the applicable privacy policy, and any SOW form the complete agreement about the service. Amendments must be in writing, except that CBS may update online terms prospectively with reasonable notice.
14. Contact
Create Business Solutions, LLC
nicknowlin@createbusinesssolutions.com