Terms of service

Last updated

June 28th 2025

Address

2300 Yonge St. Toronto, ON M4P 1E4

[01]

Overview

1.1 / Project-Based Services

We provide one-time design projects with clearly defined scope and deliverables. Each project receives a custom quote based on specific requirements, with timeline and milestones agreed upon before project commencement. The number of revision rounds will be specified in each project agreement, and final payment is required before delivery of final files.

1.2 / Retainer Services

Our retainer services provide ongoing design support with allocated monthly hours. Clients on retainer receive priority scheduling and dedicated designer access. The policy for unused hours will be specified in each retainer agreement. We offer both monthly and quarterly billing options, with a minimum 3-month commitment required for all retainer plans.

[02]

Services Terms

2.1 / Project Terms

A written project agreement is required before any work begins. We require a 50% deposit to secure your project slot, and the project timeline begins upon receipt of both the deposit and all required materials. Rush fees apply for projects requiring less than our standard turnaround time. Any additional revisions beyond the agreed scope will be billed at our standard hourly rate.

2.2 / Retainer Terms

Retainer agreements require a minimum 3-month initial commitment. Should you wish to terminate the retainer, 30-day written notice is required. Your monthly hours allocation will be specified in your agreement, and unused hours expire at month end with no rollover to subsequent months. Any overage hours will be billed at the agreed hourly rate specified in your retainer agreement.

[03]

Scope of Work

3.1 / Included Services

Our services encompass brand identity design, marketing materials and collateral, social media graphics and templates, website design (visual only), digital advertising assets, print design and production files, presentation design, and basic motion graphics.

3.2 / Excluded Services

The following services fall outside our standard scope: web development or coding, content writing or copywriting, photography or photo shoots, video production or editing, complex 3D rendering, mobile app development, and strategy consulting (unless specifically included in your agreement).

[04]

Client Responsibilities

4.1 / Required Materials

Clients must provide a comprehensive project brief, existing brand guidelines and assets (if applicable), all content, copy, and messaging, high-resolution images and graphics, and timely feedback and approvals within agreed timeframes.

4.2 / Communication

We require a designated single point of contact for each project or retainer. Clients must respond to design concepts within 3 business days and provide clear, consolidated feedback and revision requests. Availability for scheduled check-ins and reviews is essential for project success.

[05]

Intellectual Property

5.1 / Rights and Ownership

Upon receipt of final payment, clients receive full ownership rights to all final deliverables. Preliminary concepts and rejected designs remain the property of the designer. We retain the right to display completed work in our portfolio. Clients warrant ownership of all materials provided to us and are responsible for all trademark and copyright clearances.

5.2 / File Delivery

Final files will be delivered in the formats specified in your agreement. Source files are included as specified in the agreement, with additional file formats available for an additional fee. All files will be delivered via secure transfer method.

[06]

Revisions and Changes

6.1 / Project Revisions

The number of revision rounds will be specified in each project agreement. Minor revisions within the original scope are included in the project fee. Major direction changes constitute a scope change and will be quoted separately. Additional revisions beyond those included will be billed at our standard hourly rate. All revision requests should be consolidated to ensure efficient workflow.

6.2 / Scope Changes

Any modifications to the project scope require written approval. We will provide a quote for additional fees before proceeding with scope changes. Timeline adjustments will be communicated promptly, and the original agreement will be amended in writing to reflect any changes.

[07]

Payment Terms

7.1 / Project Payments

Projects require a 50% deposit upon agreement signing, with the remaining 50% due before final file delivery. We operate on Net 15 payment terms. Late payments incur 1.5% monthly interest, and work will pause for overdue accounts.

7.2 / Retainer Payments

Monthly retainer payments are due on the agreed date each month. We strongly recommend setting up auto-payment to avoid service interruptions. Late payments will result in suspension of services. Overage hours are billed monthly, and clients on annual agreements may be eligible for discounts.

[08]

Cancellation and Termination

8.1 / Project Cancellation

Clients may cancel projects with written notice. Cancellation fees are based on work completed: 25% of project fee if cancelled before concept presentation, 50% after concept approval, and 100% after final approval. All completed work remains client property upon payment of applicable fees.

8.2 / Retainer Termination

Retainer agreements require 30-day written notice for termination. We will complete all work for the current month, but no refund will be issued for unused hours. A final invoice will be issued for any overage hours, and we will ensure smooth transition of any ongoing work.

[09]

Confidentiality

Both parties agree to maintain confidentiality of all proprietary information shared during the course of our working relationship. We ensure secure handling of all client materials and keep project details private unless specifically authorized to share. This confidentiality obligation survives termination of our agreement. A specific NDA is available upon request.

[10]

Liability and Indemnification

10.1 / Limitation of Liability

Our liability is limited to the fees paid for the specific project or retainer period in question. We assume no liability for indirect or consequential damages and make no guarantee of specific business outcomes. Clients agree to indemnify us for any claims arising from content they provide.

10.2 / Insurance

We maintain professional liability insurance, errors and omissions coverage, and general liability coverage. Certificates of insurance are available upon request.

[11]

General Terms

11.1 / Independent Contractor

We operate as an independent contractor, and no employment relationship is created by these terms or any project agreement. Each party is responsible for their own taxes and business expenses. No benefits or employee rights are implied or created by our working relationship.

11.2 / Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemic, or war. Timeline extensions will be granted as needed, and both parties will make good faith efforts to minimize any impact.

[12]

Dispute Resolution

In the event of a dispute, direct negotiation between parties is the first step. If negotiation fails, both parties agree to attempt mediation before pursuing other remedies. As a final resort, disputes will be settled through binding arbitration. This agreement is governed by the laws of [Jurisdiction], and each party bears their own legal costs unless otherwise determined in arbitration.

[13]

Modifications

These terms may be updated with 30-day notice to active clients. Project-specific agreements supersede these general terms where applicable. Any special arrangements must be made in writing. Continued use of our services after notification of changes constitutes acceptance of modified terms.

[14]

Entire Agreement

These Terms of Service, together with any signed project agreements or retainer contracts, constitute the entire agreement between parties and supersede all prior agreements and understandings, whether written or oral.

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.