All clients must read to the points laid out below.
By entering into a business relationship with OIDESIGN, you (the Client) agree and consent to the following terms and conditions:
TIMEFRAME AND DELIVERY
OIDESIGN will make all reasonable efforts to provide draft concepts and revisions to the Client within the timeframe agreed upon in initial consultations. Please note that if we are experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. OIDESIGN will post the initial designs in an email or to a private web site for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design.
OIDESIGN will analyze the Client's feedback and revise the work if necessary. Revisions will be presented to the Client within the specified timeframe where possible. Regular working days are Monday through Friday, 7am - 4pm. OIDESIGN will continue the revision process within the terms of the specific contract, until Client is satisfied. Once the Client has approved the final concept, the Client will complete any remaining payment owed, and OIDESIGN will then proceed with the delivery phase. All requested formats of the approved design are then emailed or posted to the client download area for the Clients' use.
COPYRIGHT / TRADEMARKS
The Client unconditionally guarantees that any element of text or graphics furnished to OIDESIGN for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect OIDESIGN from any claim or suit arising from the use of such as furnished by the client.
OIDESIGN creates custom design work, and makes every effort to ensure that work is legally distinct and original. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, OIDESIGN 's liability is limited to free revisions to the design so as to make it legally distinct, or the provision of a new design, at the client's discretion. OIDESIGN will do no research checking on the legal availability of the names we are creating designs for. It is the Client's responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client's sole responsibility to secure a service mark or trademark to protect the rights to any name or image. OIDESIGN and it's employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Ownership of the final artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design, only upon payment of all fees owing. Until the contract is paid in full, all materials remain property of OIDESIGN . OIDESIGN retains the right to display the work in their corporate portfolios, unless exclusion is explicitly requested in writing by the client. Unless otherwise arranged with your project manager, all stock photography is used under royalty-free licence of OIDESIGN . As such, the Client has legal rights to use the protography only within the scope of the purchased design, and all original copyright is retained by the photographer or licencing agency. Exclusive, rights-managed photography is available, but will incur additional cost.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received by OIDESIGN , all logos, artwork, concepts and designs remain the copyright and exclusive property of OIDESIGN . OIDESIGN reserves the right to utilize and/or reproduce any image, logo or illustration created by OIDESIGN in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited and unrestricted use of the design upon full payment of all fees. OIDESIGN retains the rights to concepts, comprehensives and artwork involved in the design process prior to the final artwork, and is granted the right to display these designs in promotional and advertising and marketing materials unless exclusion is explicitly requested in writing by the client.
REVISIONS AND AUTHOR ALTERATIONS
Any and all revision requests or project additions/alterations MUST be furnished to the project manager in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, either by Email, Mailed Letter or Fax. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged.
The quotation assumes a reasonable average number of revisions per design item, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.
Design and development are commodities of time and expertise rather than manufactured product. Customers are appropriately billed for the time and expertise of our graphic designers, developers, art/creative directors and project managers. In accordance with industry standards, OIDESIGN charges for design services by the hour (unless a flat fee has been negotiated in writing) and does NOT offer refunds under any circumstance.
OIDESIGN does not engage in speculative work and will not honour any requests for same . We have provided an extensive portfolio, making it easy for potential clients to judge whether the style and quality of design offered by OIDESIGN is a good fit for their organization.
All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. Assuming no additions have been made by the client over the course of the project, the final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.
Preferred and trusted clients requiring long term and ongoing design work may be placed on a monthly billing cycle, allowing clients to forego any subsequent deposit requirements. Clients on monthly billing will be invoiced on or around the 1st of each month.
Deposits and payments may be made in a number of ways:
- Credit Card (Visa, Mastercard, American Express or Discover)
- Company or Certified Cheque
- Bank or Wire Transfer
- Money Order or Bank Draft
- Interac Email Money Transfer (via major Canadian online banking systems)
We do not accept PayPal as a rule, though long standing trusted clients may request this method at their discretion.
All invoices are payable on receipt, net 14 days. If the client is sending payment through the mail, we will accept a tracking number as notice of payment.
• Inactive Status
If there has been no activity initiated by the client on a project in 30 days, but the client has been responsive to status requests by the project manager, said project will be classified as “inactive”. Inactive projects are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise).
• Abandoned Status
A project shall be considered abandoned after 60 consecutive days wherein OIDESIGN has received no response, contact or activity from the client. Should a client abandon a project where the time worked exceeds that covered by any deposits paid, the client will receive an invoice for the difference (plus expenses, if applicable). In all abandoned projects, deposits are forfeit without option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit. Abandoned projects with funds owing are subject to an accellerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of OIDESIGN . All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on the OIDESIGN web site is copyrighted to OIDESIGN Creative Design. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.
Designs, original art and clip art presented by OIDESIGN are for the use of the authorized client. All art, images, designs, and material are copyright of OIDESIGN and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of OIDESIGN and the images contained within.
All material featured on OIDESIGN are offered for informational purposes only, and are offered on a 'as is' basis. ANY third party use of graphic or written material found on the OIDESIGNsite, including mirroring or copying any part of the site, is strictly forbidden without the express written consent of OIDESIGN or their authorized representatives.
A note to would-be plagiarists: It's not worth it. We are an ethical company, and demand the same of our contemporaries. We actively seek out and pursue those who attempt to copy our work, and will prosecute to the fullest extent of the law in addition to publicly exposing all discovered plagiarists. If we find a design in the public sphere that has been blatantly plagiarized, we will contact your client first, then we will have our attorneys contact you.
Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the OIDESIGN web site.