OakTree Designs terms and conditions

You the client (“Client”)
Christine Kollo and/or Nikolaus Kollo trading as OakTree (or Oak Tree) Designs, the company (“Company”).

  • The Client has a need for services; and
  • The Company has an interest in performing such services for the Client; and
  • The parties wish to set forth the terms and conditions upon which such services will be provided to the Client.

By signing the documents, checking the box relating to the terms and conditions when signing-up to our service or paying your first invoice you are legally bound by these terms. If you do not agree with these terms and conditions you may not use the service.

Both parties agree as follows:

Description of the Services

The Company will provide services available in the chosen plan or service the Client has signed up for.


The person signing up for a website plan will automatically be assigned as the sign off person and is the only person authorized to request changes or cancel the contract. If the Client wishes to give another person this authority too, the Client will need to contact the Company with their name and email address and the Company will  add them to the approved list.

If the Client no longer wishes for this additional person(s) to have this authority it is the Client’s responsibility to inform the Company.


The Client agrees to provide the Company with a direct debit mandate and authorizes the Company to deduct payments of the current monthly and/or annual costs as published on the Company’s website. The bank account must be registered in the Client’s name or business. A credit card may be provided as well and will be charged under the same conditions.

There will be no refund or credit for partial months or years of service. Costs are chargeable and shall be payable until an account is terminated or cancelled by either the Client or the Company.

The Company may increase the prices at any time by giving the Client not less than 1 month’s notice provided that the increase does not exceed 25% of the prices in effect immediately prior to the increase. The company will not increase monthly rates more than 25% within a 12 month period.

Payment Terms/Schedule for Web Design

  1. Upfront costs to be paid immediately via Direct Debit, Credit Card or PayPal. The Direct Debit setup and processing period will typically take 5-7 working days to complete (from the client sign-up date).
  2. Monthly or annually recurring costs are to be paid via Direct Debit (unless otherwise agreed by the company in writing), Credit Card or PayPal. The monthly payment will be taken on the same date each month. Should a payment date fall on a non-working day, the payment will be processed on the next available working day.
  3. The first monthly payment to be paid no-later than 7 days from client sign-up (unless otherwise agreed by the Company in writing beforehand).
  4. The first annual payment to be paid no-later than 7 days from client sign-up (unless otherwise agreed by the Company in writing beforehand).

Payment Terms/Schedule for Add-Ons

  1. Payment for add on services will be charged immediately using the method of payment the Client has already provided.

Payment Terms/Schedule for CRM or dedicated Servers.

  1. Payment for CRM in services will be charged immediately using the method of payment the Client decided upon: Direct Debit, Credit Card or PayPal. The Direct Debit setup and processing period will typically take 5-7 working days to complete (from the client sign-up date).
  2. Monthly or annually recurring costs are to be paid via Direct Debit (unless otherwise agreed by the company in writing), Credit Card or PayPal. The monthly payment will be taken on the same date each month. Should a payment date fall on a non-working day, the payment will be processed on the next available working day.
  3. The first monthly payment to be paid no-later than 7 days from client sign-up (unless otherwise agreed by the Company in writing beforehand).
  4. The first annual payment to be paid no-later than 7 days from client sign-up (unless otherwise agreed by the Company in writing beforehand).

Payment Terms/Schedule for Graphic Design.

  1. 50% of the payment for graphic design services will be charged immediately using the method of payment the Client decided upon: Direct Debit, Credit Card or PayPal. The Direct Debit setup and processing period will typically take 5-7 working days to complete (from the client sign-up date).
  2. The remaining 50% is due no later that 15 days past the receipt of the final project presentation.

1-year Contracts

Business Pro and Business Elite clients will be assigned a 12 month fixed-term contract and will be required to pay out the remainder of the contract if they wish to terminate service (unless otherwise agreed by the company). After the one year contract has completed, clients will be lowered to their respective service plans as agreed upon at the time of signing. The price of the service plans are subject to change and the client will be notified of the change at least 30 days in advance.

Website Content

The Client is responsible for providing all content. If no content or incorrect content is provided this is not the Company’s responsibility and the Client will still be billed as agreed. Filler (lorum ipsum) content will be provided free of charge.

Suspension of service

The Company has the right to stop providing services or suspend services if payment is not received within 15 days past the first missed payment reminder. If the missed payment is still not received after 90 days, the Company reserves the right to remove the account and its content from their servers. We understand that life happens, contact us if you run into issues paying your bill.

What is classed as a content update and what is support?

A content update is a change to existing content and pages only, with the exception of news and blog articles which will be added as new posts (see website content section). Any additional page requests after the website has launched will be chargeable (unless specified otherwise by the Company). Support is for (through the Client portal) questions regarding the services or assistance with an issue with WordPress, CRM software, E-mail addresses etc. It is not for adding or removing content or doing work on the website content.

Fair usage quota (unlimited content and free support updates)

Business Pro and Business Elite plans come with content updates and support. A reasonable amount of support is given free of charge and each of the updates that are included with the clients plan is equal to 30 minutes of studio time. For example, Business Pro includes 5 updates per month which is 2.5 hours of studio time. Monthly content updates are not transferable to the next month unless otherwise stated by the Company.

Quoted plans are subject to the above rules if they are on a monthly residual plan agreed upon by the Company and client.


OakTree Designs does not own the copyright for Perfex CRM and we do not sell Perfex CRM. We install, configure and maintain instanced of the software for our clients. OakTree Designs purchases a licence for the software from Perfex CRM for the clients use. OakTree Designs does not have any ownership rights to the software or licence acquired for the client. For the privacy policy and terms in relation to Perfex CRM, please visit their website for further information. https://www.perfexcrm.com/

Dedicated Server

OakTree Designs is not liable for lost, stolen or otherwise missing data. We will however, make every attempt  reasonably possible to recover lost data but are not liable if it is not retrieved successfully. OakTree Designs uses CloudWays for all of our server requirements. For full terms and conditions of use for dedicated servers, you agree to the above terms as well as those listed at https://www.cloudways.com/en/terms.php. 


Any content provided must be owned by the Client and not infringe on any copyright laws. The Client shall indemnify the Company against all claims in respect of any alleged infringement of copyright trademark or design.

Intellectual Property Rights


Any intellectual property rights for the web design shall pass to the client upon completion and payment.

Graphic Design

Any intellectual property rights for design work as relating to a Web Design project such as logo creation shall be passed to the Client upon completion and payment. For more in-depth term and conditions of OakTree’s Graphic Design services, please go to the Graphic Design section HERE.

Domain names

Any domain names purchased by the Company for the Client will be the property of the Client, held in trust by the Company. If the contract is cancelled, the ownership of the domain will be transferred to the domain registrar of the clients choosing. However, the transfer of ownership to another registrar is at the risk of the Client and the Company is not responsible for any errors incurred, if any, during said transfer. The Client is responsible to pay out any fees to the Company that are incurred because of the transfer or any remaining time already paid for by the Company.


Any email service provided by the Company will cease to exist if the contract is cancelled by either party. Access to any data related to email accounts such as emails, contacts and appointments will be erased. The Client is responsible for taking their own backups and archives of email. The Company can not he held responsible of any loss of data.

Existing Domain Names & Email Addresses

In the event that the Client already has a Domain Name and/or Email Address setup, which are then transferred to the Company to manage, the Company can not be held responsible for any downtime or loss of data during this process. This could include items such as existing emails and contacts, existing calendar appointments, and existing 3rd party websites. Upon migration, there is no guarantee that any historic emails will be available. It is the Clients responsibility to make the necessary arrangements to ensure a backup or archive is available to them after the transfer has been completed.

Domain name renewals

If the client has registered their own domain(s) using their own account (domain control panel), it is the clients responsibility to manage their domain(s), and not the company. This includes any payments and renewals via the relevant domain registrar. Domains that have been registered by the company, or domains that have been transferred to the company’s account, will be managed by the Company.


The Client must not use our services to advertise or promote anything that is illegal or encourages criminal activity. If the Client does, the website will taken down with immediate effect and all associated files will be deleted without warning. The company is not liable or able to be held accountable for any content of any kind. It is up to the client to keep their content within the limits of the law.

Termination and notice

  1. All costs and fees are non-refundable, unless agreed upon by The Company.
  2. The Client may terminate this agreement up to 30 days prior to the last day of the minimum agreement term. The Client must give 30 days written notice to the Company for any cancellations of service.
  3. In the event of cancellation, the Client is responsible to have their site ported to a new host. A $100 port charge will be applied to their final bill. That will include the $50 domain transfer as well as the transfer of all their files.
  4. The Company can terminate this agreement at any time and must give 30 days written notice to the Client. If the Company initiated the cancellation, the $100 port charge will be nullified.
  5. Any external costs will be payable by the Client for Domain name transfers.

Limitation of Liability

In no event will the Company be liable for any special, indirect, incidental, or consequential damages nor loss of data, profits or revenue, cost of capital, or downtime costs, nor for any exemplary or punitive damages, arising from any claim or action, incidental or collateral to, or directly or indirectly related to or in any way connected with, the subject matter of the agreement, whether such damages are based on contract, tort, statute, implied duties or obligations, or other legal theory, even if advised of the possibility of such damages.


We do not collect or store any information that is not directly required to provide service. We will not, at any point, sell your information to anyone. Please see our Privacy Policy for more information.



The parties are independent and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.

Force Majeure

The Company shall not be liable for any failure to perform under this Contract when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy.  In the event of such delay the date of delivery or time for completion will be extended by a period of time reasonably necessary for both Company and Client. If the delay remains in effect for a period in excess of 60 days, the Client may terminate this Contract immediately upon written notice to the Company.

Promotional use

The Company will keep all original artwork and digital files prepared in connection with the project and are allowed to use them for promotional purposes without prior permission from the Client. For example, but not limited to, on their portfolio site and or related social media accounts. Including OakTree Designs, Christine and Nikolaus Kollo.

Designed by

‘Created by OakTree Designs’ shall be included in the Client’s website footer and shall include a hyperlink back to www.oaktreedesigns.ca/. If the Client wishes for this not to be visible, please let us know in writing and it will be removed.


Unless stated otherwise, time is of the essence of any date or period specified in the Contract in relation to the Client’s obligations only.


If you have any questions or want to discuss our terms and conditions further, please contact us.

OakTree Designs terms and conditions – Graphic Design Services

Terms & Conditions

These Standard Terms and Conditions provide the basis for a good working relationship between OakTree Designs (“OakTree” or “Company”) and you (the “Client”). These terms form an integral part of the agreement between OakTree Designs and the Client.


  1. Except for the retained rights described in the paragraph below, all services provided and all materials OakTree Designs produces on your behalf will become your property upon full payment of our invoices.
  2. OakTree Designs retains the right to:
    1. use work produced for the Client as part of its portfolio materials in both its online and offline portfolios;
    2. add your firm/company to our client list; and
    3. use your work in design competitions, publications, exhibitions, or other promotional purposes.
  3. Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 60 days of submission to you, will remain OakTree Designs’ property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.


  1. The Client and OakTree Designs each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and OakTree Designs, and enforceable in accordance with its terms.


  1. This agreement represents the entire agreement between the Client and OakTree Designs, and may only be changed or modified in writing and with the approval of both parties.


  1. Neither the Client nor OakTree Designs may assign or transfer their interest in this agreement without the written consent of the other.


  1. Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.


  1. In addition to our fees, you agree to pay either OakTree Designs or the provider directly for third party charges we incur to complete the projects defined under Marketing Services. Third party charges will be treated as disbursements and will be billed separately. These charges could include things such as: printing services, stock images, vector graphics etc.


  1. Any revisions, additions, or alterations to the project modifying the terms of the agreement as the Services to be performed and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.


  1. Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Client delays or extensions shall be charged and paid for at an additional rate of 50% of OakTree Designs’ hourly rate. Please contact us for our current rates.


  1. The Client will appoint a single representative of the Client with full authority to provide necessary information required by OakTree Designs and to provide approvals.
  2. The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and artwork is released. Corrections, if required, will be identified on proofs, artwork, facsimiles, or digital proofs and submitted for OakTree Designs to revise and resubmit for client approval. Final approval is required on every project and must be marked “Approved” with the name or initials of the individual who is authorized by the Client to approve artwork for release and production.
  3. Email authorization from you will constitute authorization and approval to carry out work defined in the Marketing Services.


  1. Additional charges will apply when materials are submitted by the Client in a form that prevents them from being readily used and applied at recognized professional standards. An example would be to recreate a low-resolution logo image file into a vector file or proof-reading written content.


  1. In those instances where the Client assumes responsibility for production, printed proofs, copies, prototypes and mock-ups must be approved by OakTree Designs prior to use. OakTree Designs shall be available at reasonable times to provide advice during the production period and for approval of minor modifications of the project (hourly rates will apply).
  2. When OakTree Designs is engaged in a supervisory function and assumes responsibility for production on behalf of the Client, the Client agrees to abide by the decisions made by OakTree Designs.


  1. Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:
    1. 50% deposit upon contract acceptance
    2. 50% (plus any additional charges) balance due upon delivery of the final design


  1. OakTree Designs’ accounts will include taxes on fees and disbursements that are applicable by law and our accounts are due and payable upon receipt. If our accounts are not paid within 30 days of their receipt, interest will be charged on the outstanding balance at the monthly rate of 10%, compounded monthly, until they are paid.


  1. The Client agrees that OakTree Designs is entitled to claim authorship of the design, and will be permitted editorial credits to OakTree Designs on all published or manufactured work. The Client must obtain OakTree Designs’ consent in writing before OakTree Designs’ name is reproduced in any finished product or other published material by the Client.


  1. This agreement may be terminated in writing if either the Client or OakTree Designs commits a breach and fails to remedy the breach within 14 days of receiving written notification from the other party specifying the breach and requiring its remedy.
  2. This agreement may be terminated by any reason by either the Client or OakTree Designs, if a written notification is provided within 30 days.
  3. On termination of this project, or any part of it, for any reason, the Client will pay OakTree Designs for the work completed to date, along with all expenses incurred on the project. Any advance of fees provided will be credited against the amount due. The 50% deposit is non-refundable if any work has commenced.
  4. In the event of termination, OakTree Designs will retain all copyright even if the fees agreed to in advance have included the assignment of the copyright.


  1. The Client will provide accurate and complete information and materials to OakTree Designs, and warrants and guarantees that all materials are owned by the Client or that the Client has all necessary rights (including copyright and waiver or moral rights) in such materials, to allow OakTree Designs to use them for the project. We are not responsible for any copyright infringement issues for materials provided by the Client.
  2. We will use our reasonable best efforts to guard against any loss to you caused by the failure of media, suppliers, or others to perform in accordance with their commitments, but we will not be responsible for any such loss or failure on their part, or any destruction or unauthorized use by others of your property.
  3. OakTree Designs is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by OakTree Designs for errors or damages resulting from such errors.
  4. OakTree Designs will not be responsible for delays in delivery caused by acts of God, strikes, fires, floods, or any other similar circumstances beyond OakTree Designs’ control.
  5. You agree to indemnify OakTree Designs, its employees, contractors and agents against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to OakTree Designs by you or in relation to the use by you, or anyone else, of materials produced by OakTree Designs at your request.
  6. All indemnification obligations shall survive the termination of our services or the termination or expiration of the Marketing Services Retainer.


  1. This agreement and all terms and conditions will be governed and construed in accordance with the laws of Canada.

Please Contact Us with any questions. Thank you.