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Standard Terms

How this website may be used, and the standard terms every Open House Creatives engagement runs on.

Last updated September 16, 2026 · Open House Creatives LLC · contact@openhousecreatives.com

On this page
Using this websiteStandard terms of service1. Definitions2. Services and Statements of Work3. What the Client provides4. Timeline, approvals and acceptance5. Revisions and changes6. Fees, expenses and payment7. Monthly management services8. Ownership and intellectual property9. Accounts, data and access10. Advertising, search and results11. Compliance for real estate marketing12. Portfolio and credit13. Confidentiality14. Warranties and disclaimers15. Limitation of liability16. Indemnities17. Term and termination18. Relationship, staff and non-solicitation19. Force majeure20. Disputes and governing law21. General

Using this website

This website is published by Open House Creatives LLC, an Arizona limited liability company ("Open House Creatives", "we", "us"). By using it you accept these terms. If you do not accept them, please do not use the site.

What the site is for. The site describes our services and lets you request a free site audit. Nothing on it is an offer that can be accepted to form a contract; every engagement starts with a signed Services Agreement (see Part B below).

Our content. The text, design, code, imagery and marks on this site belong to Open House Creatives or are used under licence. You may view and link to the site, and quote short excerpts with attribution. You may not copy, scrape, reproduce or republish the site or its content for commercial purposes without our written permission. "Open House Creatives" and the door mark are our trademarks.

Representative work. Until case studies with client permission are published, work shown on the site is labelled representative work and describes the kind of work we do rather than a named client's results. We do not publish invented metrics.

No advice. Articles and audit findings are general information, not legal, financial, tax or licensing advice. Real estate advertising is regulated (fair housing, licence and brokerage identification, MLS rules); how those rules apply to your business is for you and your counsel.

The free audit. We offer audits at our discretion. Sending us your site does not create an engagement, and we may decline or limit an audit.

Third-party links and platforms. The site links to and loads services from third parties (Google, Meta, YouTube and others). Their terms and privacy practices are their own.

Availability and warranties. The site is provided as is. We aim for accuracy but do not warrant that the site or its content is complete, current or error-free, or that the site will be available without interruption.

Liability. To the fullest extent the law allows, Open House Creatives is not liable for any indirect, incidental, special or consequential loss arising from use of this site, and our total liability in connection with the site is limited to one hundred US dollars.

Governing law. These website terms are governed by the laws of the State of Arizona. Disputes are brought in the state or federal courts in Maricopa County, Arizona.

Changes. We may update these terms; the date at the top is the current version. Continued use of the site after a change means you accept it.

Standard terms of service

Every client engagement is governed by a signed Services Agreement and its Statement of Work. The clauses below are the standard terms that agreement contains, published here so prospective clients can read them before a proposal. If a signed agreement differs from this page, the signed agreement controls. Figures, scope, dates and the payment schedule are always set in the Statement of Work, never on this site.

1. Definitions

1.1“Agreement” means these terms together with every Statement of Work signed under them. “Statement of Work” or “SOW” means Exhibit A and any later SOW the parties sign. “Services” means the work described in a SOW. “Deliverables” means the website, pages, designs, code, copy, images, video and other work product Open House Creatives creates for the Client under a SOW. “Client Content” means everything the Client gives us to use: text, photography, video, logos, brand assets, listings, data, accounts and credentials. “Provider Tools” means the templates, frameworks, components, scripts, processes and know-how we owned or developed before or outside this Agreement, including our website design system. “Third-Party Materials” means themes, plugins, fonts, stock media, software and services licensed from others.

2. Services and Statements of Work

2.1Open House Creatives will provide the Services described in each SOW. A SOW says what we will deliver, when, for how much and what is not included. If a SOW and these terms conflict, the SOW wins for that project only.

2.2Anything not written in a SOW is not included. If the Client asks for something outside the SOW, we will quote it first as a written change order (email is fine) with its effect on price and schedule, and we start only once the Client approves it. Small requests we can absorb, we will simply do.

3. What the Client provides

3.1Projects move at the speed of content. The Client will provide Client Content, decisions, feedback and approvals promptly, and no later than the dates in the SOW. Where no date is given, the Client will respond within three business days.

3.2The Client will name one person authorised to give approvals and make decisions, and will give us the access we need (domain registrar, hosting, content management system, analytics, advertising and Google Business Profile accounts) as administrator or partner on accounts the Client owns.

3.3If the Client is late with content, access, feedback or approvals, the schedule moves day for day and the fee does not change. If a build stalls for more than 30 days because we are waiting on the Client, we may treat the current milestone as delivered and invoice it, and we may need to re-plan the remaining work.

4. Timeline, approvals and acceptance

4.1Milestones and dates are in the SOW. We will present each milestone for approval. A milestone is accepted when the Client approves it in writing (email is fine) or when five business days pass after delivery without the Client telling us in writing what materially does not match the SOW. Once a milestone is accepted, changes to it are handled as a change order.

4.2“Live” means the site is published on the Client’s domain and reachable by the public. “Complete” means all SOW deliverables are delivered and accepted.

5. Revisions and changes

5.1Each design stage includes the number of revision rounds stated in the SOW. A round is one consolidated set of Client comments; we make the changes and present the result. Extra rounds, new pages, new features and re-designs of approved work are quoted before we do them.

6. Fees, expenses and payment

6.1Fees are in the SOW, in US dollars. Build fees are payable 50% on signature and 50% at launch unless the SOW says otherwise. Monthly management fees are billed monthly in advance. Invoices are issued through Stripe and are due seven days after they are sent; the Client can pay by ACH bank transfer or card from the invoice link.

6.2ACH transfers carry no fee. Card payments carry a 3% processing surcharge, which does not exceed our cost of acceptance.

6.3The first 50% of a build fee is a deposit. It secures the schedule and is non-refundable once work has begun. If launch is delayed by the Client, the second 50% is due no later than 45 days after signature.

6.4Late amounts accrue interest at 1.5% per month (or the maximum lawful rate, if lower). If an invoice is more than 10 days overdue we may pause work and unpublish work not yet paid for, after giving notice, and resume when the account is current.

6.5Third-party costs the Client asks us to buy on its behalf — domains, hosting, plugins, stock imagery, licences — are billed at cost with no markup, or purchased on the Client’s own accounts. Advertising media spend is paid by the Client directly to the platforms unless a SOW says we run it through our accounts, in which case it is billed at cost, in advance, with no markup.

6.6Fees exclude taxes. The Client pays any transaction privilege, sales, use or similar tax that applies to the Services, other than taxes on our income.

7. Monthly management services

7.1Where a SOW includes monthly management (Essentials, Growth or Premium), it runs month to month from the start date in the SOW and renews automatically each month. Either party may end it at the end of the current monthly period by giving written notice at least 10 days before that period ends. There is no cancellation fee and no minimum term.

7.2“Unlimited edits” means reasonable requests to change, add or update content and pages on the site within the tier’s scope, submitted through the agreed channel, handled during business hours, one request at a time per workstream, with turnaround according to size. It does not include new sites, redesigns, custom application development, or work for other properties or businesses; those are quoted separately. The Client may move between tiers with effect from the next monthly period.

7.3When management ends, the site stays with the Client. We will hand over administrator access to every account we manage within ten business days of the last paid period, and we will keep the site published for 30 days after that unless the Client asks us not to.

8. Ownership and intellectual property

8.1The Client owns Client Content and keeps every right in it. The Client gives us a licence to use Client Content to perform the Services and, subject to the portfolio clause below, to show the finished work.

8.2On receipt of payment in full for a SOW, we assign to the Client all our rights in the Deliverables created for the Client under that SOW: the site’s design, layouts, page code and content we wrote, together with the files needed to run and edit them. Until then, the Client has a licence to use the Deliverables for review only.

8.3Provider Tools stay ours. To the extent Provider Tools are built into a Deliverable, the Client has a perpetual, non-exclusive, royalty-free licence to use them as part of that Deliverable. We may reuse our general skills, know-how and non-Client-specific components on other projects.

8.4Third-Party Materials stay under their own licences, which we will identify in the SOW or on handover. The Client is responsible for renewing any that require ongoing fees.

8.5Ideas, drafts and concepts we present but the Client does not choose remain ours. We do not use another client’s confidential material on the Client’s work.

9. Accounts, data and access

9.1Domains, hosting, content systems, analytics, advertising accounts and Google Business Profiles are opened in the Client’s name and remain the Client’s. We work as an administrator or partner. We will not lock the Client out of anything, and on termination we return access and remove ourselves.

9.2We handle credentials and personal data the Client shares with reasonable care, use them only for the Services, and delete or return them on request after the engagement ends.

10. Advertising, search and results

10.1We run campaigns and search optimisation using our judgement and the platforms’ tools. Rankings, traffic, leads, bookings and sales depend on many things we do not control — platform policies and algorithms, competition, budget, market conditions and the Client’s own follow-up — so we do not promise any particular result. We do promise to report honestly and to change course when the numbers say so.

10.2The Client owns its advertising accounts and is responsible for its relationship with each platform, including platform fees, policy compliance and payment of media spend billed directly by the platform.

11. Compliance for real estate marketing

11.1The Client is responsible for the accuracy and legality of Client Content and of the claims made in its marketing, including compliance with the federal Fair Housing Act and state fair housing rules, real estate licence and brokerage identification requirements, MLS and listing rules, consumer protection and privacy law, and each platform’s advertising policies. We will follow the Client’s written instructions and will flag anything that looks obviously non-compliant, but we do not provide legal review.

12. Portfolio and credit

12.1We may show the finished work in our portfolio, case studies and social channels, and may describe the engagement in general terms, unless the Client opts out in writing. We will not publish the Client’s confidential information or results without permission. We do not place a credit link in the site footer unless agreed in the SOW.

13. Confidentiality

13.1Each party will keep the other’s non-public business information confidential, use it only for this Agreement, and protect it as carefully as its own. This does not cover information that is public, already known, independently developed, or required to be disclosed by law (with notice where allowed). The obligation lasts for two years after the Agreement ends; trade secrets are protected for as long as they remain trade secrets.

14. Warranties and disclaimers

14.1We warrant that we will perform the Services in a professional and workmanlike manner, and that to the best of our knowledge the Deliverables we create (excluding Client Content and Third-Party Materials) will not infringe anyone’s copyright. For 30 days after launch we will fix, at no charge, any defect in our work reported in writing that stops the site from working as described in the SOW.

14.2The Client warrants that it owns or has the rights to use everything it gives us, that Client Content is accurate and lawful, and that it has authority to enter this Agreement.

14.3Otherwise the Services and Deliverables are provided as is. We disclaim all other warranties, express or implied, including fitness for a particular purpose and any warranty about results, and we make no warranty for Third-Party Materials or services, which come with their own terms.

15. Limitation of liability

15.1Neither party is liable to the other for lost profits, lost revenue, lost data, or indirect, incidental, special or consequential damages, however caused, even if advised of the possibility. Our total liability for everything arising out of this Agreement is limited to the fees the Client paid us under the SOW concerned in the 6 months before the event giving rise to the claim. These limits do not apply to a party’s indemnity obligations, breach of confidentiality, or anything that cannot be limited by law.

16. Indemnities

16.1The Client will defend and indemnify us against third-party claims arising from Client Content, the Client’s products, services and marketing claims, or the Client’s breach of the compliance clause above. We will defend and indemnify the Client against third-party claims that Deliverables we created (excluding Client Content and Third-Party Materials) infringe that party’s copyright. The indemnified party must give prompt notice and reasonable cooperation and must not settle without consent.

17. Term and termination

17.1This Agreement starts on the Effective Date and continues while any SOW is in force. Either party may end a build SOW for convenience on seven days’ written notice; the Client then pays for work completed to the termination date, pro-rated against the milestones in the SOW, and the deposit is retained. Monthly management ends as described in the management clause.

17.2Either party may terminate for material breach if the breach is not cured within 10 days of written notice, and immediately if the other party becomes insolvent.

17.3On termination the Client pays what is owed; we deliver the work paid for in its then-current state and hand over accounts; the ownership clause applies to what has been paid for; and the clauses that by their nature should survive (payment, ownership, confidentiality, warranties, liability, indemnities, disputes) survive.

18. Relationship, staff and non-solicitation

18.1We are an independent contractor, not an employee, partner or agent of the Client. We may use subcontractors and team members under our direction; we remain responsible for their work. Neither party will, during the engagement and for twelve months after, solicit for employment or engagement any employee or contractor of the other who worked on the Services, without the other’s consent. General advertisements are not solicitation.

18.2We work with other clients, including other real estate businesses and other businesses in the Client’s markets; the confidentiality clause protects the Client’s information.

19. Force majeure

19.1Neither party is responsible for delay or failure caused by events beyond its reasonable control (natural disaster, outage of a platform or provider, government action, epidemic, war, labour dispute), provided it tells the other promptly and does what it reasonably can to recover. Payment obligations are not excused.

20. Disputes and governing law

20.1This Agreement is governed by the laws of the State of Arizona, without regard to conflict-of-law rules. If a dispute arises, the parties will first try to resolve it by a good-faith discussion between their principals within 30 days of written notice. Any claim not resolved that way will be brought in the state or federal courts located in Maricopa County, Arizona, and each party consents to that jurisdiction and venue. The prevailing party recovers its reasonable attorneys’ fees and costs.

21. General

21.1This Agreement, with its SOWs and exhibits, is the whole agreement between the parties on its subject and replaces every earlier proposal, discussion and agreement, including the proposal document the SOW is based on, except where the SOW expressly incorporates it. Changes must be in writing and signed (or agreed by email from the authorised contacts for change orders). Notices go to the email addresses on the first page and are effective when sent, with a copy by post for termination notices. Neither party may assign this Agreement without the other’s consent, except to a successor of its business. If a clause is unenforceable, the rest stands. A failure to enforce is not a waiver. Headings are for convenience. This Agreement may be signed electronically and in counterparts, each of which is an original; electronic signatures (including DocuSign) are binding.

Open House Creatives

Open House Creatives

Real estate marketing — ads, websites and content on one flat retainer.

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