In using this website and/or the services of I AM Creative you are deemed to have read and agreed to the following terms and conditions.
The client’s approval for work to commence shall be deemed a contractual agreement between the client and I AM Creative.
2. I AM Creative Intellectual Copyright
I AM Creative holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client. I AM Creative reserves the right to display said material on their website and on their promotional materials unless agreed otherwise.
3. Client’s Responsibilities with Regard to Copyright
All images provided by I AM Creative have been purchased under license from stock image suppliers. In situations where the client provides images, text, animations, layouts or any other content for their project they are legally responsible for ensuring that this material does not infringe any copyright.
Conceptualizing is the process of producing design concepts for clients. Concepts may include site mock ups, logos, graphics and design proposals. The exact number of concepts provided for any of our services is based on project cost among other factors and is determined solely by I AM Creative.
I AM Creative puts in a lot of effort to offer unlimited revisions to any one concept of the client’s choosing. If I AM Creative feels that this policy is being taken advantage of for any particular project we reserve the right to limit revisions and subject further changes to an additional fee. Reasons for this determination include but are not limited to the client asking for revisions with the intention that different revisions be used independently of each other, testing different ideas without a clear goal in mind other than wanting to see as many different designs as possible, changing requirements between revisions, etc.
Once a concept, layout, or other milestone has been approved by the client, further changes to what has already been approved may involve extra work and will therefore incur additional costs. Additionally, any changes to the original requirements provided to I AM Creative will be subject to an additional charge if work has already begun.
The price quoted to the client is for the work specifically agreed on in the proposal only. Should the client decide that changes are required after work on their project has commenced there may be a surcharge.
At such a time that the client expresses that the work is final or complete (e.g. asking us to make their website live), the remaining balance may be invoiced for at any time by I AM Creative. Any additional changes after the client’s expression of finality may be subject to an additional charge except for those expressed in term Grace period 13.
5. Registration Charges
If we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge. We are willing to work with clients that have register their own domain names so that they have full ownership of these.
Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
If I AM Creative determines that continued work on a project is not in their own best interest for whatever reason including but not limited to an abusive client, project specification changes, etc., I AM Creative reserves the right to cancel the remainder of the project at their sole discretion. The client shall be held liable for any “complete” work. “Complete” works include but are not limited to: a logo or website concept that has been designed and shown to the client, printing that has been completed, programming that changes the functionality of a website, etc.
6. Future Support
Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand, I AM Creative is not responsible for future support. Support can be provided upon request for an agreed fee. However, we are happy to answer any of your questions as to how you use anything that we build for you.
7. Grace period
There is a 14-day grace period upon completion of the website, where all minor modifications to the site are free (for example, graphical changes). However, major structural, contextual or graphical modifications are subject to a fee.
8. Future Site Problems
Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website and I AM Creative will endeavor to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others. In this regard we recommend that you subscribe to one of our security packages to keep your website and data secure.
9. Access to Client Hosting Space
We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.
10. Malicious Attacks
Once the website has been completed, we aim to keep extra costs at $0, however if there is any malicious activity on the website once it has been completed, then there will be additional costs to amend any issues with the website. There are ways to prevent this, for example we will give you FTP details, it is strongly advised that only professionals use this information to access the website, as modification of any of the files can cause major disruption, which will eventually lead to extra costs. We also recommend that you subscribe to one of our security packages to keep your website and data secure.
11. Compliance with E-commerce, Accessibility or Other Regulations
We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.
We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.
I AM Creative does its best to complete the client’s projects as soon as possible. Any timeframe that is discussed between I AM Creative and the client is merely an estimation based on our past experience. While we are often finished sooner than the timeframe discussed, said timeframe is not a guarantee.
On urgent projects, or projects that must be completed by a certain deadline, clients have the option of rush development with which the timeframe will be guaranteed. The fee and feasibility for this will be determined by the urgency and scope of the project and must be discussed and paid in full before development begins unless otherwise agreed by I AM Creative.
We are not to be held responsible for delays beyond our control (including but not limited to Acts of G-d, the client taking longer than expected to approve design, layout, graphics, functionality, send over information, etc.)
If at any point during the process of a project I AM Creative feels that it is going to be used for an illegitimate purpose then I AM Creative has the right to refuse to complete the project and the client shall remain liable for the work that has taken place. This is for the protection of our clients, the consumer and ourselves.
14. Right of Indemnification
You agree to defend, indemnify and hold I AM Creative, its partners, affiliates and related companies/persons harmless from any and all liabilities, costs and expenses, including legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the site and/or our services.
15. Payment – Refund Policy
After work on a project commences deposits are not refundable.
16. Payment Methods
Unless otherwise agreed, payment is accepted by Paypal, Credit Card, Cheque, Interac Email Money Transfer, or Cash. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of $50.
17. Payment of Balance
Final invoices are only issued when clients accept that their project has been completed to their satisfaction. Payment of the balance is due within 30 days after completion of the job. If payment is late there will be a 2% late fee per month thereafter.
Failure or delay by either party in exercising any right under this agreement shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this agreement. No waiver of any of the provisions of this agreement shall be effective unless it is expressly stated to be such and signed by both parties.
The laws of Canada and the Province of Alberta govern these terms and conditions. By accessing this website and/or using our services you consent to these terms and conditions and to the exclusive jurisdiction of the Canadian courts, without reference to conflicts of law principles.
If any of these provisions are deemed invalid or unenforceable for any reason such provision shall be severed from this agreement and all other provisions of this agreement shall remain in full force and effect.
20. Agreement Changes
I AM Creative reserves the right to change these conditions from time to time without notice as it sees fit and your continued use of our site or services will signify your acceptance of any adjustment to these terms.