Terms and conditions
The following terms & conditions are necessary to protect the client and the designer throughout the working relationship.

Clause #1 – Contract Objective

The objective of this contract is to define the conditions by which the designer, as per the customer’s request, will accomplish the project as described in the attached Design Agreement.

Clause #2 - Duration and Development of Agreement

The objective of this contract is to define the conditions by which the designer, as per the customer’s request, will accomplish the project as described in the attached Design Agreement.

2.1 Duration of Contract

Fulfillment of requested services and applicable remuneration will occur through monthly bank payments equal to a total of 2% of the tasks performed on the website.

2.2 Provision for Delivery of Goods and Payment Due

The designer agrees to complete the tasks listed as per the terms on page 7 of this document upon receipt of the monthly payments. Late payments will result in a 10% monthly charge for each month in arrears. If monthly payment arrears span for more than 3 consecutive months, the website URL will be temporarily suspended until payment is received in full.

Clause #3 – Provisions for the Designer

3.1 Services conform to the attached Design Agreement

The Designer will produce the requested template as defined in the attached Design Agreement.

3.2 Client Collaboration

The Client will actively collaborate with the Designer in order to ensure an accurate portrayal of the agreedupon design, notably by allocating the necessary resources and personnel and by promptly responding to the Designer’s inquiries in order to allow him to fulfill his obligations as per the Design Agreement. The Client must diligently and promptly provide the Designer with all necessary information and documents required to create the product as per the Design Agreement as well as any other documents or information deemed necessary by the Designer.

3.3 Additional Work

Additional work requested by the Client is not included as part of the services described within the present contract and the additional agreement will be considered a supplementary agreement which will be completed upon the consent of both parties.

Clause #4 – Designer Responsibility

4.1 Template Objectives

The Designer only guarantees delivery of the templates requested as per the attached Design Agreement. The Designer will achieve this goal by providing technology best suited for the Client’s expressed needs which will result in a template that reflects proper industry standards.

4.2 Collaborator Contributions

It is acknowledged that the Designer will be acting as an intermediary between the Client and any collaborators responsible for the completion of this project. The Designer cannot be held responsible for any resulting damages that may occur from the choices, actions or deeds performed by these contributors.

Furthermore, the Designer reserves the right to invoice for extra charges any additional work required as a result of any choices, actions or deeds performed by these collaborators.

Clause 5 – Client Responsibility

5.1 Content of finished product

The Client is solely responsible for all content that comprises the template created by the Designer for the Client whereby said content is to be inspected and approved by the Client upon receipt of each stage of production. The Client is responsible for providing pertinent information and guarantees its quality as it conforms to applicable legislation.

5.2 Client Guarantee of Copyright

The Client is solely responsible for securing any copyright on materials provided to the Designer for creation of the template. The Client is solely responsible for any copyrighting violations that may result from the Designer performing the required tasks. The Client will bear sole responsibility for any damages and resulting legal actions brought against the Designer following a copyright violation, namely:

  • All convictions, financial or otherwise, incurred by the Designer.
  • All related costs, legal or otherwise, notably lawyers’ fees
  • All related damages, material or psychological, sustained by the Developer
  • All resulting settlements with collaborators concerning a copyright violation as a result of the Designer performing the required tasks.

Clause 6 – Property Rights

6.1 Property of materials provided by the Client

All documentation and information provided by the Client regardless of nature or form (notably HTML pages, image files, audio, video, etc.) remains the property of the Client, subject to retention rights of the Designer as stated in Clause 8.2.

6.2 Property of Templates created by the Designer

The templates created by the Designer for the Client remain the property of the Designer until final payment is received for the full amount of the invoice pertaining to the attached Design Agreement. Upon receipt of full payment, all templates chosen and approved by the Client become said Client’s property.

Specifically, it is understood between both parties that, upon full payment of the sum indicated in the “Offer Agreement” for this document, the Client will assume sole ownership of all rights, titles and interests, including copyrights, belonging to each template created by the Designer and accepted by the Client.

Subsequently, the Designer provides a guarantee to the Client that, subject to any copyright violations that may result from materials received from the Client, as stated in Clause 5.2 of this document, the templates created by the Designer and accepted by the client are originals and do not infringe on any third party copyrights. Subsequently, the Designer agrees to compensate the Client for any complaints or damages resulting from all aforementioned violations, including legal fees or otherwise, incurred by the Client, notably, lawyer’s fees.

6.3 Property of Rejected Templates

Templates created by the Designer which are rejected by the Client remain the property of the Designer.

6.4 Designer’s Portfolio

The Designer reserves the right to use the templates created for the Client for promotional purposes, subject to prior written consent from the Client, whereby said consent will not be withheld without just cause.

6.5 Source Files

Unless otherwise stated in the attached Design Agreement, all source files used to create and produce the templates remain the property of the Designer. File extensions for source files include but are not limited to: .AI, .PSD, .INDD.

Clause 7 – Confidentiality

All parties bound by this contract agree to undertake an oath of confidentiality throughout the duration of this contract and after its expiry with regards to all documents, systems, logistics and expertise originating from collaborators bound by this contract and not to utilize any of these for purposes not related to this contract.

Clause 8 – Financial Conditions

8.1 Payment per stage

The Designer will be remunerated according to the method agreed upon as described in the attached Designer Agreement.

8.2 Designer’s right to withhold

The Designer reserves the right to withhold all templates for which he has not been remunerated in accordance with the terms as stated in the attached Designer’s Agreement.