All clients must read and agree to the points laid out below.
Time-frame and Delivery
Petrarichli.com will make all reasonable efforts to provide draft concepts and revisions to the Client within the time-frame 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. Petrarichli.com 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.
Petrarichli.com will analyze the Client’s feedback and revise the work if necessary. Revisions will be presented to the Client within the specified time-frame where possible. Petrarichli.com 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 Petrarichli.com 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.
Trademarks & Copyright of Images and Text (supplied by client)
The Client unconditionally guarantees that any element of text or graphics furnished to Petrarichli.com 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 Petrarichli.com from any claim or suit arising from the use of such as furnished by the client.
Petrarichli.com 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. Petrarichli.com 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.
Copyright & Ownership of Content created
Petrarichli.com 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, “Petrarichli.com by Petra Richli’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.
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 Petrarichli.com. Petrarichli.com retains the right to display the work in their corporate portfolios, unless exclusion is explicitly requested in writing by the client.
Royalty stock images.
Unless otherwise arranged with your project manager, all stock photography is used under royalty-stock images licence of Petrarichli.com. As such, the Client has legal rights to use the images only within the scope of the purchased design, and all original copyright is retained by the Petrarichli.com or licencing agency. Exclusive, rights-managed images are available, but will incur additional cost.
Draft Concept Policies Copyright
All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received by Petrarichli.com, all logos, artwork, concepts and designs remain the copyright and exclusive property of Petrarichli.com.
Petrarichli.com reserves the right to utilize and/or reproduce any image, logo or illustration created by Petrarichli.com 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. Petrarichli.com 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 outside of the approved scope 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 or mailed Letter. 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.
The quotation assumes a reasonable average or specified 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, Petrarichli.com charges for design services by the hour (unless a flat fee has been negotiated in writing) and does not offer refunds.
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.
A signing installment representing 50% of quoted web design packages or any quotation over 400 CAD is required for all new projects unless otherwise contracted.
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.
Deposits and payments may be made in a number of ways:
- Preferred: Interact Email Money Transfer (via major Canadian online banking systems)
- Company or Certified Cheque
We bill Canadian clients in Canadian dollars plus GST. All other clients will be billed in either US dollars, Euros or Swiss francs.
All invoices are payable on receipt, net 14 days. If the client is sending payment through the mail.
- 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).
- Delinquent Status
After 30 days, a late payment charge of 2% per month (26.82% p/a) is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 60 days, or if the customer’s payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue one final warning before turning the account over to a third-party collections agency or appropriate legal avenues. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will remain with or revert to Sage Media. In such a case, we retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
- Abandoned Status
A project shall be considered abandoned after 60 consecutive days wherein Petrarichli.com 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.
Sensitive Information Disclosure
Any hosting account information, FTP information, or domain registrar account information provided to Petrarichli.com will be kept in the strictest of confidence, will be used only by Petrarichli.com developers assigned to your account, and will be used only for the purposes of setting up your website, managing your website, providing technical support, or other purposes established in writing with your project manager.
Your consent to this agreement
Should it happen that a client’s own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of Petrarichli.com.