Introduction
The Terms and Conditions here described apply to all services provided by Andres D’Imperio Creative Design (hereinafter referred to as “the designer”, “we”, “us” or “our”). All work is carried out by “the designer” on the understanding that the client has agreed to our terms and conditions.
Billing
Rates are expressed in Canadian Dollars. All work is billed in 15 minute increments at an hourly rate with a minimum of 1 hour billed per invoice. All clients will be billed $50 per hour unless a different rate is agreed on in writing or via email.
All assignment of work requested of “the designer” will be billable unless indicated otherwise by email or in writing.
Charges for services to be provided by “the designer” will be set out in a written estimate or quote that is provided to the client. When the client signs accepting the estimate or quote, or the client approves the estimate via email, indicates that the client accepts the Terms and Conditions. A deposit (specified below) will become immediately due, and work on the project will not commence until “the designer” has received this amount.
For short projects (less than 30 days turn-around), a deposit of 50% of the estimate is due at the beginning of the project with the balance due within 30 days OR the entire project is considered 100% Cash on delivery (COD).
For long term projects (more than 1 month turn-around) a deposit of $200.00 is due at the beginning of the project. On the last day of each month, an invoice is generated for the time spent on the project during that month. Invoices are due within 30 days. When the project is completed, the final invoice is generated on the day of completion, and due within 30 days of the date issued.
Charges for additional services beyond the scope of the initially agreed estimate will become fully payable. If the client requests last minute adjustments or requests the work to be accelerated, additional overtime or rush charges may be charged above the designer’s standard rate.
The client is entitled to have two set of changes free of charge, as long as these changes do not represent a drastic modification of the project. The project may be re-estimated if, upon receipt of all project elements, “the designer” determines the scope of the project has been altered dramatically from the originally agreed concept.
Ontario’s Harmonized Sales Tax (13%) applies to all invoices for fees and expenses related to professional services rendered. All rates and quotes are exclusive of taxes. Accordingly, the appropriate amount of taxes will be shown separately on the invoice, with the tax registration number, so that the Purchaser will have the information required to claim an input tax credit to the extent allowed by legislation.
Invoicing
Invoices will be sent via email in PDF format, unless a different format or delivery method has been requested. All invoices are due within 30 days of the date on the invoice, except short projects designated as COD (Cash on delivery).
It is the client’s responsibility to make sure their current email address is properly working so they can be reached with ease. All changes to a client’s contact information must be submitted as soon as possible.
Payments may be made by cash, cheque, Money Order, PayPal transfers or previously agreed electronic funds transfer.
Returned cheques will incur an additional fee of $25.00 per returned cheque. “the designer” reserves the right to consider an account to be a “Delinquent Account” in the event of a returned cheque.
Delinquent Accounts and Late Fees
An account shall be considered delinquent if it remains unpaid after 30 days from the date of invoice, or following a returned cheque. A delinquent account will incur a late fee of 2% per month.
Clients whose accounts become delinquent agree to pay “the designer” any and all legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Projects
At the time of proposal, “the designer” will provide the client with a written estimate or quote.
A copy of the written estimate or quote is to be signed and dated by the client by hand or digitally to indicate acceptance and should be returned to “the designer.” No work on a project will commence until the estimate or quote has been approved and signed by the client.
The client agrees that changes beyond the scope of the estimated work or required to be carried out after acceptance of the draft design will be liable to additional charges.
The client also agrees that “the designer” holds no responsibility for any amendments made by any third party, after a design is published.
Project Completion
“The designer” shall use commercially reasonable efforts to meet all project schedules and requested delivery time-frames agreed upon in the proposal. Estimated project duration should be deemed to be from the date that cleared funds are received by “the designer” for the initial payment or by date confirmed in writing by “the designer.”
“The designer” considers the project complete upon receipt of the client’s signed approval. Other services such as printing, film work, website uploading, web hosting, publishing, etc, either contracted on the client’s behalf constitute a separate component of the project and can be treated as a separate charge (unless included in the initial estimate or quote).
“The designer” and the client must work together to complete the project in a timely manner. “the designer” will make every effort to make corrections or changes to the work based on the client’s feedback. The client agrees not to hold “the designer” liable for any consequential losses associated with project delays for any reason.
Data Formats
The client agrees to “the designer’s” definition of acceptable means of supplying data. Any content text is to be supplied to “the designer” in electronic format as standard text (.txt), MS Word (.doc), on CD-ROM, flash drive or via e-mail.
Images which are supplied in an electronic format are to be provided in a format as prescribed by “the designer” via CD-ROM, e-mail, or FTP transmission. Images must be of a quality suitable for use and “the designer” will not be held responsible for any image quality which the client later deems to be unacceptable. “The designer” cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Website Design
Once web design is complete, the client will have the opportunity to review the work. “The designer” will make two set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes, small adjustments to placement of elements on the page and some small adjustments to the colour scheme. It does not include changes to images, changes to any navigation features or addition of pages.
“The designer” will consider that the client has accepted the original draft if no notification of changes is received from the client within 14 days of the start of the review period.
Hosting
Hosting fees dependent on the chosen hosting plan. By default all hosting plans will be billed annually. Payments are due on the anniversary day. All sites hosted with “the designer” will be subject to late fees and collection methods laid out in the “Delinquent Accounts and Late Fees” section of these terms. Any hosting plan 90 days overdue will be considered expired and the web site will be removed from all servers.
“The designer” may request to change the type of hosting account used if that account is deemed by “the designer” to be unacceptable because of poor service, lack of bandwidth or insufficient to support the client’s web site.
“The designer” is not financially responsible for any financial loses the client may suffer because of server down time.
Domain Names
All requests for domain name registration must be submitted in writing or by email. Domain name registration is not refundable unless “the designer” did not register the correct domain name. “The designer” reserves the right to register domain names using any third party service preferred unless a specific registrar is requested by the client. All domain name accounts will be registered under “the designer’s” account using “the designer” contact information to ensure security and to assure domains are not lost because of failure to renew the domain on time. If the client registers their domain elsewhere, the client is solely responsible for renewing and maintaining its security settings. “The designer” cannot guarantee the availability of any domain name.
Copyright
“The designer” retains full ownership of the design concepts and materials produced. Once the material is delivered to the client and full payment is received, the ownership rights are transferred to the client. Any additional uses not identified herein or reselling of the artwork is not permitted without prior written consent.
If several design options are presented to the client, only one solution is considered to be given by “the designer” as fulfilling the contract. All other design options remain the property of “the designer” and may still be used as promotional material in “the designer’s” portfolio and website (see the Accreditation section below).
The client content, including all pre-existing trademarks, shall remain the sole property of the client or its respective suppliers, and the client or its suppliers shall be the sole owner of all rights in connection therewith. The client hereby grants to “the designer” a nonexclusive, non-transferable license to use, reproduce, modify, display and publish the client content solely in connection with “the designer’s” performance of the services and limited promotional uses of the deliverables as authorized in this agreement.
By supplying text, images and other data to “the designer” for inclusion in the client’s project, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by “the designer” on behalf of the client, will remain the property of “the designer” and/or “the designer’s” suppliers.
The client agrees to fully indemnify and hold “the designer” free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Accreditation
“The designer” retains the right to reproduce, publish and display the final design or any preliminary designs (even proposals not approved by the client) in our portfolio and website, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement. “The designer” will be credited with authorship of the design in connection with such uses.
Rights of Refusal
“The designer” will not include in its designs any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All material must conform to all standards laid down by all relevant standards authorities. “the designer” also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that “the designer” does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow “the designer” to remove the contravention without hindrance, or penalty. “the designer” is to be held in no way responsible for any such data being included.
Cancellation
“The designer” will need formal notification in writing of any cancellation of orders. The client will be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance due must be paid within 30 days. It is important to highlight that any cancellation which is not formally confirmed in writing and received by “the designer” within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. The client shall not unreasonably withhold acceptance of, or payment for, the project. All elements of the project must then be returned to “the designer”. Any usage by the client of those design elements will result in appropriate legal action. The client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which “the designer” may become a party by reason of this contract.
Disclaimer
“The designer” may modify any of the terms and conditions contained in this agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our web site. Modifications may include, but not limited to, changes in the scope of available services and product prices. If any modification is unacceptable to the client, their only recourse is to terminate this agreement. The client’s continued Participation with “the designer” following a posting of a change notice or new agreement on the site will constitute binding acceptance of the change.
“The designer” makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. “the designer” will not be held responsible for any and all damages resulting from products and/or services supplied. “The designer” is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. The client agrees not to hold “the designer” responsible for any such loss or damage. Any claim against “the designer” shall be limited to the relevant fee(s) paid by the client.
“The designer” reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. “The designer” will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
“The designer” and clients agree to comply with printers’ Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. “The designer” recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Acceptance of Quote & Terms
The placement of an order for design and/or any other services offered by “the designer” constitutes acceptance of the estimate and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and “the designer.”
Last updated: 01-01-2014