Main Line: (416) 554–8327
Support Line: (416) 701–3799
2300 Lawrence Ave. E, Suite 73044
Scarborough, Ontario, Canada - M1P 2R2
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  TO THE POINT TECHNOLOGY GRAPHIC DESIGN TERMS & CONDITIONS AND SERVICE AGREEMENT

 

 

This Graphic Design Agreement (this “Agreement”) is entered into by and between To The Point Technology.com, a liability company ("To The Point Technology") and you, ( the “Client”) and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of To The Point Technology’s Graphic Design services (the ”Alteration of Existing” or “New Conceptualization or Creation”), and represents the entire agreement between you (the “Client”) and To The Point Technology concerning the subject matter hereof. 

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Graphic Design Service Agreement which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein

Concepts: Within two business days (48hrs) of receiving any client’s submitted instruction and information and 50% deposit is made, To The Point Technology (TTPT) will create up to two different concepts for your proposed project design. These concept designs drafts will be submitted to you for client’s review via E-mail or can be view through your “Client Area” unless otherwise negotiated. Upon receipt of Client’s feedback of these draft designs, To The Point Technology will make any needed alterations or changes to the Client’s favorite of the two draft designs presented until you “Client’s” is completely satisfied. There are three stages for revision, which is all included in the quoted price. (1) “Concept draft”, (2) “Element Placement”, (3)” Polishing Finish”. Further revisions will incur additional costs at To The Point Technology’s current hourly rate.

 

File Delivery: After the final project design is achieved and approved, the delivery to Client’s will be as a digital files (.jpg, .pdf, and .eps graphics file formats).

 

Ownership: On completion of the project design, (the “Client”) has full ownership of the final logo design for use in any medium, application or publication of their choice. To The Point Technology reserves the right to use the final draft, or any versions of the project created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. Client’s also agree to grant To The Point Technology permission to use Client’s full name or business name, and/or website URL, for testimonial purposes on TTPT.ca, or other business related media. This will work as additional marketing or advertising for each client project publicly. Client’s understands that it is their responsibility to copyright any graphic design created on their behalf, with the relevant authority.  (www.copyright.gov) and/or seek trademark 

 

Payment: All Client’s agrees to pay the total invoice amount payable in two payments. A 50% deposit is required to initiate any design development and the remaining payment when final project design is approved and polished, but before it is delivered. The client understands that the final graphic design project belongs to To The Point Technology until paid in full. In the event of termination of this Agreement, To The Point Technology owns the project and has the right to complete, exhibit, and/or sell the project design (not including initiating client’s identity). Furthermore, To The Point Technology owns all the graphic design concepts created before the final project design. The client understands that once the final invoice is paid in full, the client has the right to use the project design in all medium/ media useful for active marketing promotion and that To The Point Technology reserves the right to display the project designed for business promotional use only.

Originality: To The Point Technology affirms that all created designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.

 

Delays: Illness, injury, or other events beyond To The Point Technology’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Both party’s of this agreement agree to work with the other to resolve productively, for the success of the project any conflict that may occur causing project delay.

 

Termination: The Client’s has the right to terminate this Agreement if, To The Point Technology fails to complete the contracted project design within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, To The Point Technology shall retain the initiating deposit.

 

Performance Liability: To The Point Technology does not warrant that the functions supplied by graphic design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the project is with client. In no event will To The Point Technology be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the project design, even if To The Point Technology has been advised of the possibility of such damages.

 

 

Design & Printing

 

Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

 

Concepts: Within 24 hours of To The Point Technology receiving your project information and deposit a mockup print design layout will be created for your project. This mockup will be submitted for your review via E-mail unless otherwise negotiated. A quotation proposal will be submitted to the client that includes details on how many copies will be included for the estimated cost.  Total printing fees may be negotiated in lieu of a scope increase. Further revisions or editing of the project will incur additional costs at To The Point Technology’s current hourly graphic design rate.

Ownership: You, the client, have ownership of the final printed material for use in any media application that is beneficial to you or your business. To The Point Technology retains the right to use the final print design layout, or any versions of the printed design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives To The Point Technology permission to use client’s full name, business address, and/or website address, for testimonial purposes on the company’s website, or other business related media. The client understands that it is the client’s responsibility to copyright the design before printing and/or seek trademark 

 

Payment: In return for design and/ or printing services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any printing work begins and the remaining payment when final printed material is approved but before it is delivered. The client understands that the final printed material belongs to To The Point Technology until final invoice is paid in full. In the event of termination of this Agreement, To The Point Technology owns the print priject and has the right to complete, exhibit, or discard. Furthermore, If this is a design and print project To The Point Technology owns all the design concepts created before the final printed design. The client understands that once the final invoice is paid in full, the client has the right to use the created design and any printed materials in all media useful for business promotion and that To The Point Technology reserves the right to display the project for business promotional use only

.

Originality: To The Point Technology affirms that all designs created for printing are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement. 

 

Delays: Illness, injury, or other events beyond To The Point Technology’s control, such as: fire, theft, computer failure, and Acts of God may result in a project delay of unpredictable length. We ask for the  full corporation of all clients to resolve these issues productively for both parties.

 

Termination: Clients has the right to terminate this Agreement if, To The Point Technology fails to complete the creation and printing project design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, To The Point Technology reserves the right to retain the initial deposit.

 

Performance Liability: To The Point Technology does not warrant that the functions supplied by the design(s) or printed materials, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the project is with client. In no event will To The Point Technology be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the created design or printed material, even if To The Point Technology has been advised of the possibility of such damages.

 

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of your decision to proceed or not.