OakTree Designs terms and conditions – Websites, E-Commerce, Point of Sale & Web Design
Please see below for Term & Conditions for our Graphic Design Services.
You the client (“Client”)
Christine 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 or checking the box relating to the terms and conditions when signing-up to our service, 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 the Client has signed up for.
The person signing up for the 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.
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 pay monthly prices more than 25% within a 12 month period.
Pay monthly clients
- Upfront costs to be paid immediately via Direct Debit. The Direct Debit setup and processing period will typically take 5-7 working days to complete (from the client sign-up date).
- Monthly recurring costs to be paid via Direct Debit (unless otherwise agreed by the company in writing). 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.
- 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).
Pay annually clients
- Upfront costs to be paid immediately via Direct Debit. Note: The Direct Debit setup and processing period will typically take 5-7 working days to complete (from the client sign-up date).
- Annual (12 months) recurring cost to be paid immediately via Direct Debit (unless otherwise agreed by the company in writing). The annual payment will be taken on the same date each year. Should a payment date fall on a non-working day, the payment will be processed on the next available working day.
- 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).
D.I.Y Plus and Pro Managed package clients will be signed up to 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 are more that welcome to switch plans for a lower monthly rate if desired. Clients will lose any additional benefits for that package if they switch.
- Payment for add on services will be charged immediately using the Direct Debit details the Client has already provided.
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 10 working days. If the missed payment has still not been received within 30 days the Company has the right to delete the website from their servers to a point that it can not be restored.
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 pages (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 (via E-Mail) questions regarding the services. 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)
D.I.Y Package plans
D.I.Y Package plans are capped at 30 minutes per month for support only.
D.I.Y Plus plans
D.I.Y Plus plans are capped at 1 hour per month for support only.
Pro Managed plans
Pro Managed plans are not capped for content updates per month and do not have a limit for support (we manage everything for you!). Pro Managed plans also include 4 hours of studio time for graphic design or
Any support or updates exceeding the fair usage quota will be billed at $50 per hour, with a 30 minute minimum charge, and then billed in 30 minute blocks. Any unused time can not be rolled over to subsequent months.
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
All website files hosted by the Company will be the property of the Company. The Client will have no right to these files or the migration of these files if the contract is cancelled.
Any website design or template created by the Company will remain the property of the Company before, during and after the contract. In effect, the Client will be leasing the website from the Company.
If the Client wishes to purchase the rights to a website created by the Company, this will be at the discretion of the Company.
Custom Web Design Add-on
If the Client has purchased the ‘Custom Web Design’ add-on during the original purchase, the Client will own the rights to the associated website design and template.
Any intellectual property rights for add-on service design work such as logo creation or business card creation shall be passed to the Client upon completion and payment.
Any domain names purchased by the Company for the Client will be the property of the Company and will remain so even if the contract is cancelled. The transfer of ownership to another supplier of the Clients choosing will be at the discretion of the Company and the Client will be charged a $50 port fee.
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
- All costs and fees are non-refundable, unless agreed upon by The Company.
- 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.
- The Company can terminate this agreement at any time and must give 30 days written notice to the Client.
- Any external costs will be payable by the Client for Domain name transfers.
- No export or transfer service is available to another third party provider or to the Client directly. In effect, the Client will be leasing the website from the Company (if the Client wishes to purchase the rights and ownership to a website created by the Company, this will be at the discretion of the Company).
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.
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.
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.
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.
‘Website by OakTree Designs’ shall be included in the Client’s website footer and shall include a hyperlink back to www.oaktreedesigns.ca/.
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.
COPYRIGHT AND OWNERSHIP
- 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.
- Stela Creative retains the right to:
- use work produced for the Client as part of its portfolio materials in both its online and offline portfolios;
- add your firm/company to our client list; and
- use your work in design competitions, publications, exhibitions, or other promotional purposes.
- 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.
- 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.
- 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.
- Neither the Client nor OakTree Designs may assign or transfer their interest in this agreement without the written consent of the other.
- 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.
- 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.
FEES & ALTERATIONS
- 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.
RUSHED OR PROLONGED WORK
- 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.
- 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.
- 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.
- Email authorization from you will constitute authorization and approval to carry out work defined in the Marketing Services.
QUALITY OF SOURCE MATERIALS PROVIDED BY THE CLIENT
- 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.
- 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).
- 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.
GRAPHIC DESIGN PAYMENT SCHEDULE
- Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:
- 50% deposit upon contract acceptance
- 50% (plus any additional charges) balance due upon delivery of the final design
- 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.
- 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.
- 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.
- This agreement may be terminated by any reason by either the Client or OakTree Designs, if a written notification is provided within 30 days.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- All indemnification obligations shall survive the termination of our services or the termination or expiration of the Marketing Services Retainer.
- This agreement and all terms and conditions will be governed and construed in accordance with the laws of Nova Scotia.
Please Contact Us with any questions. Thank you.