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Terms of Service

Last Updated: June 19, 2018

1. General Working Agreement

This document defines the TERMS AND CONDITIONS (T&C) of our working relationship. All projects or services (“the work”) that the Agency (or “we”) (Green Light Creative Ltd., 330 Pacific Crs, Fort McMurray AB T9K 0G5) may be contracted to produce or provide for the Client (or “you”) will be subject to—and you the undersigned agree to—the following:

We will begin work after the Client’s approval of the project Authorization To Proceed (Quote) and the T&C and after receipt of payment of the initial invoice (50% of project total unless otherwise defined in the Quote). Your signature/execution of the Service Agreement and the T&C will constitute an AGREEMENT between us.

2. Payments

The Client agrees to pay the Agency in accordance with the terms specified in this document and the Quote. The Agency requires receiving 50% of the project cost specified in the Quote before work can begin. This 50% deposit is non-refundable. Subsequent payments adhere to the following schedule, unless otherwise detailed in the project Quote.

All payments are required. Unless otherwise specified, interest on past due balances is 10% per annum. We reserve the right to refuse completion or delivery of work until past due balances are paid.

Quotes

Unless otherwise specified, Quotes are fixed and include only those line items detailed in the Quote. Billing will reflect the actual costs incurred. Quotes are valid only if signed within 30 days from date of estimate.

Changes and Revisions

The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem. We’ll provide a separate Quote for that, and both parties must agree to the revised or additional fee before further work proceeds.

3. Out-of-Pocket Expenses

Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, stock images, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Note that all such expenses will only be charged if the Client has approved them prior to purchase. If our services are required in out-of-town locations, we will bill lodgings, meals, rentals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.

If the Client should direct the Agency at any time to cancel, terminate or “put on hold” any previously authorized out-of-pocket purchase, we will promptly do so, provided you hold the Agency harmless for any cost incurred as a result.

4. Nature of Content

The Client agrees to exercise due diligence in its direction to us regarding preparation of content materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare in the scope of a project.

5. Errors & Omissions

It is the Client’s responsibility to check proofs, comps, and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. The Agency is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals, websites, or artwork prior to release for printing, digital publication, or other implementation.

6. Property & Suppliers’ Performance

The Agency will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, the Agency is not responsible for failure on their part.

If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in any way be held responsible for quality, price, performance or delivery.

7. Abuse of Relationship

If the Agency has been contracted for design services and if during the project the Client introduces any other designer into the project or eschews the designs conceived of the Agency’s own processes or rejects the Agency’s design or design recommendations in favor of the Agency’s mere production or reproduction of designs submitted by the Client or a third party (including client-created mockups as design revision examples), the Agency may choose to respond to this breach of contract by terminating the project.

By signing this AGREEMENT, you acknowledge that the Agency will manage and run the project according to its own processes. Any attempt or requirement by the Client to define project process or otherwise run the project may result in project termination.

8. Rights of Ownership

Once an entire project has been fully paid for by the Client and delivered by us, the Agency will assign the reproduction rights of the design for the use(s) described in the proposal. If no such specific uses are detailed in the proposal, upon payment in-full, all rights to and ownership of the work are assigned to the Client without reservation, except as follows:

We reserve the right to photograph, digitally reproduce and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups, screenshots, and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store copies of delivered project materials for a period of 90 days beyond the delivery of a job. Thereupon, we reserve the right to discard them.

9. Term & Termination

The term of this agreement will continue for work in progress until the project is concluded as outlined in the Quote, or until terminated by the Agency or the Client upon written notice according to the following conditions:

a) Breach of Contract
Upon the Client’s breach of contract, the Agency may terminate the project upon written notice and will deliver all originally-the Client-owned intellectual property in the Agency’s possession. In such case, the Client will be granted no right or license to the work. Upon the Agency’s breach of contract, the Client may choose to terminate the project. In such case, the Agency will deliver to the Client all property and project materials in the Agency’s possession for which the Client has paid, as well as all originally-the Client-owned intellectual property in the Agency’s possession. Thereupon, the Client has the contractually described right or license to the paid-for work. In such case, if the Client has paid for work not yet performed, the Agency will refund the outstanding difference.

b) Dissatisfaction
In the event the Client is dissatisfied with the quality of the Agency’s work, the Client agrees to inform the Agency of this dissatisfaction and allow the Agency a reasonable chance to amend the issue. If after amendment, the Client remains dissatisfied with the quality of the work, the Client may choose to terminate the project. In such case, the Client will be granted no right or license to the work.

c) Termination Without Just Cause
Upon non-breach-of-contract project cancellation by the Client, the Client will, in addition to any costs already paid, pay a “kill fee” of 20% of the total project cost outlined in the Quote within 15 days of the cancellation notice. In such case, the Client will be granted no right or license to the work. Upon non-breach-of-contract project cancellation by the Agency, the Agency will deliver to the Client all paid-for work and will refund 20% of the fees client has already paid to the Agency during the course of the project in question.

Upon any planned-for or imposed termination of the project, the Client will indemnify and hold the Agency harmless for any loss or expense (including attorney’s fees), and agree to defend the Agency in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against the Client and any of its products and services arising from the publication of materials that we prepare and you approve before publication.

10. Lien

All work performed and created for the Client for which the Client has not paid may be retained by the Agency as security until all just claims against the Client are satisfied.

11. Production Schedules

Production schedules will be established and adhered to by both the Client and the Agency, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the Agency. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.

Resources must be allocated by the Agency to fulfill the Client’S project needs according to schedule, as the Agency is working on multiple projects at any given time. It is necessary that the Client be available to provide approvals, feedback, content, or anything else outlined in the project Quote and otherwise maintain contact with the Agency during the project timeline.

If the Client fails to deliver necessary content, resources, or feedback by the time the Agency deems crucial to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly.

The Client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in reallocation of the Agency’S resources and work on the project will be delayed or may cease. Resuming work on the project will require a reassembly period that may equal the time of delay caused by the Client. Please note that any adjustments to project deadlines or milestones caused by the Client behavior do not affect payment milestones. All payment will be required at the time(s) initially described in the Quote.

If the Client’s inactive or unresponsive time exceeds a period of 30 days, this constitutes abandonment of the project. In such a case, the Client will be considered to have cancelled the project, subject to the consequences outlined in section 10 Term and Termination section. Thereupon, the Agency can choose to cease further work on the project. In such case, the Client will be granted no right or license to the work and the Agency is absolved of any obligation to resume the project.

12. Approvals

The Client acknowledges and agrees that regardless of the number of individuals involved in the project, one individual in their team/company will be appointed to have ultimate responsibility for approvals of the deliverables the Agency will create and present. The Client further acknowledges and agrees that this one individual must be directly involved in the entire project and must participate in significant events during the project, including initial discovery meeting(s), initial design presentation(s), and any planning meetings.

In the event that deliverables are made available to the Client for approval and the Client fails to respond within 10 days to approve or reject, the deliverables are considered to be approved.

13. Waiver, Release and Indemnity

The Agency, as a condition of providing the Services, requires that the Client agree to the waiver, release and indemnity contained within this Agreement. The Client acknowledges this condition and there the Client agrees as follows:

  • To waive any and all claims that the Client has or may have in the future against the Agency and their directors, officers, employees, guides, agents, independent contractors, representative, successors and assigns relating in any way to the provision, or lack thereof, of the Services; and
  • to release the Agency and its directors, officers, employees, guides, agents, independent contractors, representative, successors and assigns from any and all liability for any loss, damage, or expense that the client may suffer as a result of any act, or failure to act, by the Agency, its directors, officers, employees, guides, agents, independent contractors or representatives.

The Parties agree that, notwithstanding any Services provided, and in addition to the above but not limited to the above, the Agency shall specifically not be responsible for the below:

  • Any loss, damage, claim or any other consequence, that occurs as a result of any Services that are performed by the Agency, pursuant to any information given to the Agency by the Client that was incorrect or incomplete;
  • Any loss, damage, claim or any other consequence, that occurs as a result of any loss of data.

The Parties agree that, notwithstanding any Services provided, and in addition to the above but not limited to the above, the Agency shall specifically be indemnified by the Client for the below:

  • Any loss, damage, claim or any other consequence, that occurs as a result of any content, written, visual, audible or otherwise which is subject to a proceeding or claim relating to intellectual property or licensing.

14. Additional Provisions

The headings used in this Agreement are for explanatory purposes only and do not form part of this agreement.

The validity and enforceability of this agreement will be interpreted in accordance with the laws of the Province of Alberta applicable to agreements entered into and performed in the Province of Alberta. This agreement is our entire understanding and may not be modified in any respect except in a mutually-executed addendum.

If we must retain attorneys to collect our invoices, we will be entitled to the Client’s payment of reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.

The Parties consent to use, provide or accept information, records and signatures in electronic form, until a law in force in the Province of Alberta prohibits providing or accepting the information, records, or signatures in electronic form.

Unless specified otherwise, all statements of or references to dollar amount in this Agreement are to lawful money of Canada.

Unless specified otherwise, all fees are listed exclusive of any applicable taxes.