Terms and Conditions For Clients

The following Terms & Conditions govern all work undertaken by 0809887 B.C. Ltd (dba The Image Build Team). These Terms & Conditions are subject to change.

SUMMARY:

In an effort to simply reference our Terms & Conditions, we provide the following quick summary:

Website Development & Email:

  • You own your domain and are free to do with it what you want after paying your invoice in full. We might manage it and take care of it for you, but it's yours.
  • You own your website and are free to do what you want with it after paying your invoice in full. It is yours, not ours.
  • If we host your website, we will do our darnedest to ensure it is always online. However, because computers are involved we cannot guarantee this even though we take every precaution to ensure uptime.
  • If we host your website, we will do our darnedest to ensure it doesn't get compromised. However, because there are mean people in the world that like to troll the internet and wreck things, we can't guarantee they won't attack or compromise your site even though we take precautions to keep the varmints out.
  • We do backup our server, but it's up to you to backup your website content. While we try to ensure 100% uptime and protection against data loss, with computers involved, things are not infallible. Even though we back things up, they are also backed up on computers. We love computers, but we know they can't entirely be trusted. So, to ensure you never lose your web content, we recommend regularly scheduled backups.
  • If we setup email accounts for you, we did it through Google Apps. As such, you are bound by Google's Terms and Conditions and your email is hosted on Google's servers, not ours. While we love and endorse Google Apps, we cannot guarantee the operation of their servers, access to your email account, spam and virus protection. That's entirely up to them.
  • If you don't have a Website or Email Service Agreement with us and we are required to troubleshoot or fix problems with your website or email, we will bill you standard billable rates to do so. If the problem is something we caused, we will gladly fix it for free.

Graphic Design:

  • If we design something for you, you own it after you pay your invoice. We do not retain the rights to any work we do for you and bill you for. You own it.
  • If we design something for you and you decide you don't want it and don't pay your bill, we own it and can do what we want with it. You don't get to have it or use it. You don't pay, we own it.
  • If we provide graphic design services and press ready artwork, it is up to you to arrange for printing and you are responsible for proofing the printed product to ensure it meets your requirements.
  • If we provide graphic design services and arrange to print the files for you, we will ensure it meets your requirements.

CONFIDENTIALITY:

The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:

1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.

DESCRIPTION OF WORK:

All work to be done and applicable fees is detailed on the Estimate or Proposal provided to the Client by the Consultant.

DUE DATES AND COMPLETION:

The Consultant and the Client must work together to complete the web project in a timely manner.

The web project will be completed in accordance to schedule as outlined in estimate or quotation. Client agrees to provide Consultant with any and all content, graphics, and other information necessary to complete the web project within sixty (60) days of the date the Agreement is signed. Should Client not provide Consultant with all content, graphics, and other information within sixty (60) days of the date the Agreement is signed, payment in full for completed work will be due immediately and the contract will be considered completed.

TEXT FOR CONTENT

Final text is to be supplied by the Client. Writing or content creation can be provided by the Consultant at standard billable rates if required.

IMAGES

The Client agrees to provide all images, logos as required. Photography services or stock photographs can be made available by the Consultant at standard billable rates.

GRAPHIC CREATION

All graphics (logos, artwork, or other) will be provided by client. Creation of these graphical elements are available at standard billable rates.

CROSS BROWSER COMPATIBILITY:

This agreement includes the creation of a Web site viewable in the latest versions of major browsers (including Internet Explorer, Firefox, and Google Chrome.) Previous and future versions of browsers are not guaranteed compatible.

Compatibility is defined herein as all critical elements of each page being viewable and functional in all browsers. Client is aware that advanced techniques on the Internet incorporated into the site design may require a more recent browser version, type or plug-in.

Client is also aware that as new browser versions of browser types are developed, the new browser versions may not be backward compatible. Revisions to website code for updated browser compatibility are available at standard billable rates.

FEES & ADDITIONAL SERVICES & CLIENT AMENDMENTS:

Changes in client input or direction, significant page changes, or excessive changes will be charged in addition to the agreed contract. Any work the Client wishes Consultant to create, which is not specified in the Estimate or Proposal, or in the PROJECT OVERVIEW documentation will be considered an additional service, or new client request (NCR) item. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.

Examples include:

  • restructuring or substantial redesign of the website template
  • restructuring or substantial redesign of database structure
  • substantial redesign of web graphics
  • revising or creating a new navigational structure
  • replacing more than 50% of content or text
  • delays in providing or proofing of content resulting in work beyond agreed upon completion timelines

Clients who anticipate substantial revisions, or frequent design changes throughout the creation process, or who wish to be intricately involved in the design and development are encouraged to negotiate these additional terms prior to commencement of project. Moderate site changes will be accommodated within scope of project, significant changes will be subject to standard billable rates.

EXPENSES:

Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Stock photography, Travel, Long Distance Telephone Consultation)

ASSIGNMENT OF WORK:

Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.


RESERVATION OF RIGHTS:

All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.

PUBLICATION:

The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.

COPYRIGHT NOTICE:

Copyright is in Consultant's name. Upon completion of Work, the copyright will only be released to the Client upon payment in full of any outstanding fees related to the project.

The Client represents to the Consultant and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Consultant for inclusion in the Client's Web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Consultant and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

MAINTENANCE:

Ongoing maintenance by the Consultant will be billed at standard labour rates unless an alternate contract has been specified.

THIRD PARTY OR CLIENT PAGE MODIFICATION:

While our sites are designed to be updated by the Client or Third Parties, we cannot be held responsible for updates which break or damage the website. Standard billable rates apply to repair or correct errors and issues created by Client or Third Party updates. A one hour minimum charge is applicable.

BACKUPS AND ARCHIVES:

While the Consultant does perform regular backups of our webserver and Client websites, we do not and cannot guaranteed the validity of these backups. These backups are done as part of the Consultants preventative maintenance plans.

Clients who wish to have regular backups of their website and content are encouraged to discuss the options available to them with the Consultant including archival backup to DVD, or offsite backup.

SEARCH ENGINE OPTIMIZATION:

The Consultant will optimize the Client's website with relevant titles, keywords, descriptions, and text for basic search engine rankings. Advanced search engine optimization and site promotion services are available upon request and are subject to standard billable rates.

INDEMNIFICATION:

The Client agrees that it shall defend, indemnify, save and hold the Consultant harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Consultant's development of the Client's Web site. This includes Liabilities asserted against the Consultant, its subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless the Consultant against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's Web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

ELECTRONIC COMMERCE:

The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend the Consultant and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce. Client also understands that the Consultant cannot provide legal advice or recommendations.

TERMINATION OF WORK, PROJECT TERMINATION FEES:

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the Country of Canada applicable therein.


ARBITRATION:

Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator suitor pursuant to the rules of the province of British Columbia. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of the Consultant.

Image Build Team
Box 6636
Fort St. John, BC
V1J 4J1

info@imagebuild.ca | 250-663-8839

We accept the following methods of payment:

Business Cheque, Visa, MasterCard

We do not accept personal cheques or debit.

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