What you need to know, simply.
We will do our absolute best to ensure you are 150% happy with your marketing services. We love to showcase our work to obtain new clients, so we’ll want to show your marketing too! While we don’t endlessly work for free so we do have a limited amount of revisions. If you have any questions, don’t hesitate to inquire.
The rest is all that legal jargon stuff, but know that we are honest and genuinely people looking to kick ass in your marketing and branding services!
By using the Uptake Creative website, or contracting business services, you are deemed to have fully consented to the terms and conditions set forward in this agreement. Please review the terms and statements of this agreement carefully. If you do not agree to these terms and conditions you are not permitted to use our business services. Uptake Creative maintains the right to make alterations to this agreement as deemed necessary. The terms and conditions dictated comprise a legally binding document for all clients.
Our terms are in accordance with the recognized and standard practices of the graphic design profession. Uptake Creative abides by the code of ethics and professional standards set by the Society of Graphic Designers of Canada. Uptake Creative reserves the right to refuse service to any client or project that may deem detrimental to other clients, the general public, the environment, or to the reputation of the Designer, Design Firm or Graphic Design Society.
GDC code of ethics: https://gdc.design/sites/default/files/attachments/static-pages/1_3_ethics_2012.pdf
“Client” refers to the individual or entity engaging in or requesting the services of business. Usage of the terms “you” or “your” refer to the client entity.
Usage of the terms “our”, “we”, “us”, and “business” refer to Uptake Creative as a whole.
“Service” or “Services” refer to the collective offerings provided by the business in the course of business, including marketing, branding, websites, digital assets, print material, hosting, and development, as applicable.
“Content” refers to any text, documents, assets, audio, video, graphics, information, or data.
2.0 Conditions of Engagement
Uptake Creative does not start any project without online or written agreement and acceptance of our Terms and Agreements via our website (https://www.uptakecreative.ca/terms-conditions) from the Client.
Uptake Creative reserves the right to withdraw any consultation, estimated quote or proposal at any time prior to written or online agreement of services rendered between the Client and Uptake Creative, designer or representative. Acceptance of this agreement can be sent by email to Uptake Creative or accepted on our Terms and Conditions website page.
General inquiries: email@example.com
Mailing Address: 404-22150 Dewdney Trunk Road, Maple Ridge, BC V2X 3H6
3.0 Pricing, Deposits, Refunds, and Payments
All plan prices appearing on the business website, emails or quotes are quoted in Canadian Dollars + Government Sales Tax (GST). Uptake Creative reserves the right to alter pricing at its own discretion. All refunds offered are at the sole discretion of Uptake Creative. The business retains the option to prorate refunds as deemed appropriate. Uptake Creative has the option of halting or delaying service in the event of late payments, as well as retaining the option to charge late fees. Uptake Creative retains the design ownership to all designs, works and services and website developments created for its clients but the client retains copyright of the intellectual information. Uptake Creative reserves the right to cease and desist all services running on client websites at any time.
All small products under $500 value are payment upfront for new clients. Anything between $500-$2500 value is a 50% deposit upfront and remainder upon completion. $2500+ is divided into three instalments of 50% and 50% upon completion (unless otherwise discussed with the client). No refund on payments once work has started.
The business does not charge a cancellation fee to clients. All cancellation requests must be formalized and submitted to business via contact through email (firstname.lastname@example.org). All fees and costs incurred and paid by the client prior to notification of cancellation are non-refundable. The business reserves the right to cancel or refuse service at any time at our own discretion.
5.0 Monthly Subscription Compensation
You agree to compensate the business each month for any recurring monthly plan (if applicable) amount using the automatic credit card withdrawal method. In the event that you fail to pay, the business has the right to pursue any or all of the following remedies:
- attempt to bill the account again
- terminate this agreement
- commence legal action
You hereby authorize Uptake Creative to access your website/online assets/accounts/social accounts/etc with administrative clearance, providing username and password credentials. When required, you also authorize the business access to your web host account credentials. These credentials will never be shared with a 3rd party without your specific request or approval. All credentials are securely stored on password protected devices.
7.0 Non-Disclosure & Confidentiality
The business, its employees and subcontractors agree that, unless authorized by you, will never disclose any confidential information to any person whatsoever. Similarly, you agree to never disclose any confidential information obtained about the business to any other party. You shall not share, re-sell, attempt to share, or attempt to re-sell any services described within any service. You shall not transfer or attempt to transfer this contract or permit to use and/or access any information obtained from the business for any reason without prior consent from Uptake Creative.
All confidential information of yours or the business’s shall not be passed on to a third party or in any way be made use of at any time either during or after the termination of these terms; except with consent of the other or which comes into the public domain.
Uptake Creative makes every effort to effectively safeguard your personal information and privacy.
8.0 Marketing Material
Unless explicitly stated in external documentation, the business reserves the right to use client websites, marketing and branding content in the course of marketing and promotion. This includes highlighting clients through a client portfolio, website pages, links, social posts and tags while using examples and pictures from client websites for advertising purposes.
9.0 Limitation of Liability
Under no circumstances shall the business, its employees, agents, directors, or affiliates be held liable to clients for any damages incurred. These include, without limitation, direct loss, indirect loss, incidental damages, loss of business, reputation, or profits, damage to computers, systems or software, and any other consequential damages arising as a result of the use or inability to use business services and/or content.
Uptake Creative takes no responsibility for copyright infringement resulting from content or material that was submitted or otherwise provided by the client.
The business retains the right to refuse any material that is knowingly copyrighted or trademarked unless sufficient evidence is demonstrated that permission has been granted to use such material. We reserve the right to refuse the submission of any content, regardless of legal ownership, at our sole discretion.
The aforementioned limitations apply only as far as the law permits. As some jurisdictions do not allow for limitations on consequential and incidental damages, these limitations may not necessarily apply to you.
10.0 Force Majeure
Neither party shall be held liable for failure or delay to fulfill these terms and conditions due to events beyond the reasonable control of the party. Force Majeure events must be external, unpredictable, and irresistible. Such events include, but are not limited to: war, terrorism, political upheaval, natural disasters, riots, insurrections, labour crises, hostilities, government sanctions, embargoes, and other Acts of God. Parties affected by such an event shall inform the other party as promptly as possible of the circumstances and existence of the issue and make every reasonable attempt to minimize the effects of the event as it relates to the relevant terms and conditions.
11.0 Prohibited Uses
As a condition of using this the business services you agree that you will use this or any contracted website for lawful purposes only. Any violation of the law or of these terms and conditions requires the client to provide immediate notification to business. In the case of such a violation, the client must provide every reasonable effort to promptly and effectively resolve the violation. The business reserves the right to suspend or terminate service to transgressing clients.
Examples of prohibited conduct and content include, but are not limited to:
- The utilization of viruses, worms, or other disruptive and harmful components.
- Anything that infringes on the rights of third party actors such as copyright or trademark infringement, defamation, or invasion of privacy.
- Inclusion of content that is indecent, obscene, or profane.
- Activities or content that assists, engages, or encourages in the commitment of a criminal offence.
- Infringement upon others through such means as harassment, stalking, intimidation, or threats.
- Engaging in or promoting unauthorized access to other networks, computers, or servers. This includes business content and information not made available to the client.
- Impersonation or misrepresentation of an association with a person or organization.
12.0 Scope of Work
Uptake Creative provides website management and security services to clients based on individual needs. All clients understand that initial proposal will conform to the terms originally agreed upon, and additional marketing or design assistance and/or development services may incur additional costs. Examples include assisting a client by adding multiple new pages to a website, or helping to reduce the page load time on a website. Clients understand and agree that they are responsible for providing necessary content for their websites, including text and image content.
13.0 Third Party Hosting
You acknowledge that the business facilitates hosting through third party companies. As such, we are not responsible for technical difficulties relating to servers, infrastructure, upkeep, maintenance, down-time and any other unforeseen issues that may cause your website and hosting to be unavailable.
You acknowledge that the business will do everything in its power to maintain your website status as active but is not responsible for anything related to the loss of your hosting, data, website, list corruption, cyber breaches, hacking or anything related to your internet and online presence.
Under no circumstance is the business liable if websites experience any downtime due to hacking, attack, server disruption, WordPress or plugin updates, database errors, programming issues or any unforeseen issues. We take all necessary precautions to protect your website and prevent any disruption to your websites.
14.0 Revisions and Work Ethic
We limit all our projects to a maximum of one large revision. A large revision is defined by a redoing the project stage that is being worked on from the beginning. Anything that has been previous approved via email from the client is effectively done. If the client wishes to redo an approved stage, that will constitute additional billable hours.
We value our time and our clients time. We professional present to you each stage for your review and revisions. Once that stage is complete we will move on to the next stage until the entire project is completed. If revisions are required we provide a maximum of 10 revisions on any one stage of each project.
15.0 Further Information
If you have any questions about these terms and conditions, or require clarification on any of the aforementioned components, please contact us at email@example.com
By signing this document, I acknowledge that I have read and initialled each page, and agree with all of the above conditions.