This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your Website Design, Development, Subscription, Design, Video and other related services provided by Creatica Studio Inc. (the “Services”). As used in this Agreement, “Creatica” means Creatica Studio Inc. and “Client”, “you”, or “your” means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Creatica site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Creatica Site” refers to the Site located at the URL https://creaticastudios.com or any other successor Sites owned or maintained by Creatica.

The following terms and conditions apply to all website/video/design or other project related content provided by Creatica to the Client.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply.

By accepting a quote or an invoice you agree to and accept the terms and conditions of Creatica Studio Inc. Acceptance can be verbal, by email, payment of Initiation, retainer payment, deposit payment, payment in parts or in full, signing a quote. The client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by Creatica are defined in the project quotation and/or in the invoice that the Client receives. Quotations are valid for a period of 30 days. Creatica reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining balance will be paid in two parts, 40% of the total amount on the date specified in the quotation or in the invoice and the last 10% of the project quotation/invoice total due upon completion of the work, prior to delivery or release of materials.

Payment for services is due by cheque, e-transfer or bank transfer. Cheques should be made payable to Creatica Studio Inc. and sent to Creatica Studio Inc. Payment details will be made available on invoices.

Client Review

Creatica will provide the Client with an opportunity to review the appearance and content of the website/video/design or other project related content during the design phase and once the overall project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Creatica otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

Creatica will install and/or publicly post or supply the Client’s website/video/design or other project related content by the date specified in the project proposal, quotation, invoice, email, or at date agreed with Client upon Creatica receiving initial payment, unless a delay is specifically requested by the Client and agreed by Creatica.

In return, the Client agrees to delegate a single individual as a primary contact to aid Creatica with progressing the commission in a satisfactory and expedient manner.

During the project, Creatica will require the Client to provide content; text, images, videos and sound files.

Failure to provide required website content:

Creatica is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge.

If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

Please note that at any stage during the project, stalling of the project for over two calendar months will incur $99/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.

Payment

All prices invoiced in Canadian dollars are inclusive of HST unless specified.

Invoices will be provided by Creatica upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.

Payable by the date specified in the invoice. We strongly recommend our clients to have a direct debit set-up for the same.

An administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges. To avoid the late fee we recommend that you provide us with a credit card number as a backup payment method. Please note that credit card payment will add some additional amount as follows:

2.9% + $0.60 per transaction   &    3.4% + $0.60 per AMEX transaction

Refund policy

There are absolutely no refunds for any fees related to services already rendered, amount paid to our service provider or for the physical/digital item(s) that are already purchased.

Additional Expenses

Client agrees to reimburse Creatica for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock image/video/sound etc.

Web Browsers

Creatica makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Safari, Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Creatica cannot guarantee correct functionality with all browser software across different operating systems.

Creatica cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Creatica reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Creatica’s web/digital/physical space, Creatica will, at its discretion, remove all such material from its web/digital/physical. Creatica is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will result in the Client’s account being immediately considered to be in default until full payment is received. Clients with accounts in default agree to pay Creatica reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Creatica in enforcing these Terms and Conditions. All unpaid work delivered and at the time of the default state, in the possession of the client can and will be considered theft and/or copyright infringement. In this situation, the client is not permitted to use or share that delivered work. Failure to do so can result in legal action.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. As the retainer amount is considered a deposit, Creatica has the discretion to refund the retainer amount. The Client will be expected to pay for the work completed and for any expenses incurred to the date of first notice of cancellation. A refund process may take 5 to 90 days.

Indemnity

All Creatica services may be used for lawful purposes only. You agree to indemnify and hold Creatica harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Creatica the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Creatica permission and rights for use of the same and agrees to indemnify and hold harmless Creatica from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Creatica that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text, images, audio, videos etc. will be provided by the Client in electronic format (ASCII text files delivered on thumbdrive, or via e-mail or FTP or wetransfer or dropbox or any such method). Although every reasonable attempt shall be made by Creatica to return to the Client any images or printed material provided for use in creation of the Client’s website or design or video, such return cannot be guaranteed and Creatica is not responsible for loss or damage or any materials, digital or otherwise.

Design Credit

A link to Creatica will appear in either small type or by a small graphic at the bottom of the Client’s website, in the video or artwork. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website, video and design developed for the Client may be presented in Creatica’s portfolio, with or without modifications.

Presentation and Mockups

Access Requirements

If the Client’s website is to be installed on a third-party server, Creatica must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

Creatica cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by Canadian Law.

Liability

Creatica hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
• Loss or damage caused by copyright infringement

The entire liability of Creatica to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Backup and Archiving

There shall be no liability or obligation assumed for the safeguarding of backup files, their accessibility, or the retention of archived files.

Communication and Delivered Materials

No obligations are assumed with regard to the precision or correctness of the content in communications and delivered materials, including but not limited to print, videos, website content, and social media posts.

Please note that Creatica Studio Inc. reserves the right to change the terms and conditions without notice.