Last updated: May 3, 2026
These terms govern your use of erm-creative.com and any services you engage from ERM Creative. By using the site or hiring us, you agree to these terms.
ERM Creative is a sole proprietorship operated by Evan McCourtney, based in Ocean County, New Jersey ("we," "us," or "our"). We design, build, and maintain websites for small businesses.
You may browse erm-creative.com, submit our contact form, and book a discovery call. You may not attempt to attack, scrape, or interfere with the site or its services. The Web3Forms contact endpoint is monitored for abuse; misuse may result in IP blocking.
Our standard packages and pricing are listed on the Services page. Specific scope, deliverables, timeline, and payment terms for any engagement are set out in a written Statement of Work (SOW) signed by both parties before work begins. The SOW takes precedence over these general terms where they conflict.
On final payment of the setup fee, you own the design, code, content, and assets we create specifically for your site. We hand over a complete file bundle plus migration instructions, and you may host the site anywhere — Cloudflare, Netlify, Vercel, or another provider of your choice.
We retain ownership of any reusable code, libraries, design systems, or tools we authored before or alongside your engagement. Stock images, third-party fonts, plugins, or licensed assets remain governed by their original licenses.
We may showcase the work in our portfolio (live URL, screenshots, social media posts) unless you opt out in writing.
You may cancel monthly service any time after month 1 with 30 days written notice to [email protected]. We will transfer the Cloudflare project to your account or hand off the files for self-hosting at no additional charge. Service continues through the end of the notice period.
We may cancel monthly service with 30 days notice if the engagement becomes unworkable (non-payment, abusive communication, illegal content, or scope outside our capabilities). Setup fees paid are non-refundable in any case.
Each project includes the revision rounds specified in the signed SOW (typically 2 rounds). Additional revisions, new features, or scope additions are quoted separately. Monthly service does not include scheduled content updates; urgent fixes (typos, broken links, hours/phone/email changes) are batched weekly with a 7-day turnaround and included free. Significant new pages, copy rewrites, or redesigns are quoted as separate setup work at $100/hr or fixed scope.
We deliver our services with reasonable care and skill consistent with industry standards for a sole-proprietor web design practice. The site and services are provided "as-is" without warranties of fitness for a particular purpose, uninterrupted operation, or freedom from defects.
Third-party services we integrate on your behalf (hosting, payment, booking, email, analytics) are governed by those providers' own terms — we do not warrant their performance or availability.
To the maximum extent permitted by law, our total liability for any claim arising from our services is limited to the fees you have paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages including lost revenue, lost data, or reputational harm.
We treat business information you share with us as confidential and use it only to deliver the work. If you require a separate NDA, contact us before kickoff and we'll sign a mutual NDA at no cost.
These terms are governed by the laws of the State of New Jersey, USA. Any dispute will be resolved in the state or federal courts of Ocean County, New Jersey.
We may update these terms from time to time. The "Last updated" date at the top reflects the most recent change. For active client engagements, the terms in effect at the time of SOW signing govern that engagement unless you agree in writing to the updated terms.
Questions about these terms? Email [email protected] or call (732) 703-6304.