Terms & Conditions
Privacy Policy
Actually (a communication design business) is committed to protecting your privacy.
Collecting Your Personal Information Online
When visiting Actually’s website you might provide information such as your name, phone number, e-mail address to:
Send us an email, comment, or question
Subscribe for information online
Request an estimate request form
Provide feedback on our website blog
The personal information you provide is used only to respond to your request. We will not distribute the personal information collected to third parties without your prior consent.
If you would like information regarding how to protect your privacy, please visit the Information and Privacy Commissioner of Ontario.
Terms and Conditions Table of Contents
Forward
Terms and Conditions Provisions
Definitions
Acceptance of Quotes, Project and Terms and Conditions
Client Responsibilities
Charges, Fees and Payment
Cancellation and Default
Copyrights, Trademarks, Ownership and Licensing
Accreditation, Samples and Credit
Data Formats, Client Changes and Image Requirements
Web
11.1 Rights of Access for Website Construction
11.2 Website Design
11.3 Hosting Websites & Third Party Integrations
11.4 Domain Registration
11.5 Search Engine Submission
11.6 Unauthorized Access
11.7 Hyperlinks and Advertisements
11.8 Actually’s WebsitePrint
12.1 Colour Variations
12.2 Accepting Proofs
12.3 Submitting Artwork
12.4 Printer’s Terms and Conditions
12.5 General
12.6 Print Samples for PromotionLogo Design
Web Design Credits
Turnaround Times, Deadlines and Schedule Parameters
Delivery
Rights of Refusal
Subcontractors and Other Agencies
Electronic Files
Other
1. Forward
“Actually” refers to Actually, a Communication Design firm.
“Designer” refers to Actually.
“Client” refers to any person, company, sole proprietorship, corporation or similar that approaches or hires Actually for any product or service.
“Services” refer to all services and the work product to be provided to the client by Actually as described via email or in discussion with the client and otherwise further defined in the estimate.
2. Terms and Conditions Provisions
These Terms and Conditions apply to all products and services provided by Actually and can be read on Actually’s website.
When a client commissions Actually for communication design work and/or services, the client agrees to be bound by these Terms and Conditions. All work is carried out by Actually and any of its subcontractors on the understanding that the client has agreed to Actually’s Terms and Conditions.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Actually reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. Actually reserves the right to amend these Terms and Conditions. Amendments will be effective immediately. It is the responsibility of the client to refer to the most current Terms and Conditions.
If any of the Terms and Conditions in the Agreement are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.
If Actually waives any rights under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
Actually accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Actually’s reasonable control.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.
3. Definitions
3.1 Client Content means all materials, information, photography, writings and other creative content provided by the client for use in the preparation of and/or incorporation in the Deliverables.
3.2 Deliverables means the services and work product specified in the estimate to be delivered by Designer to Client, in the form and media specified in the Proposal.
3.3 Designer Tools means all design tools developed and/or utilized by the Designer in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.
3.4 Final Art means all creative content developed or created by Designer, or commissioned by Designer, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and Designer’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials.
3.5 Final Deliverables means the final versions of Deliverables provided by the Designer and accepted by the Client.
3.6 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by the Designer and which may or may not be shown and or delivered to the client for consideration but do not form part of the Final Art.
4. Acceptance of Estimates, Quote, Project and Terms and Conditions
Actually will provide the client with an estimate for the proposed work. A copy of the estimate must be signed by the client and returned to Actually. Alternatively, the client may send approval via email correspondence or through Quickbooks in reply to the estimate. Actually will provide services only when a written or email agreement has been entered into.
The placement of an order for design and/or any other services offered by Actually and validated by the client’s approval via email reply or signature on the estimate constitutes acceptance of the estimate and agreement to comply fully with all the Terms and Conditions. This signature or email reply forms a Contract for Business between the signatory and Actually.
No project will commence until documented acceptance has been received by Actually.
Upon client acceptance for proposed work, A Letter of Agreement will be issued and must be signed prior to commencement of work. The letter of agreement details schedule parameters, client responsibilities, samples and credit, and electronic file storage.
The terms of the estimate shall be effective for 30 days after presentation to the client. In the event the agreement is not executed by the client within the time identified, the estimate, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution.
5. Client Responsibilities
The client acknowledges that they shall be responsible for performing the following in a reasonable and timely manner:
Communication of administrative or operational decisions if they affect the design or production of services, and coordination of required public approvals and meetings;
Provision of accurate and complete information and materials requested by Actually including, but not limited to, colour, material samples and all applicable codes, rules and regulation information;
Provision of approved naming, and nomenclature; securing approvals and correct copy from third parties;
Coordination and communication of any decision-making with parties other than Actually;
Provision of Client Content in a form suitable for reproduction or incorporation into the services without further preparation, unless otherwise expressly provided in the estimate;
Final proofreading and written approval of all project documents. In the event that the client has approved work containing errors or omissions, including, but not limited to, typographic errors or misspellings, the client shall incur the cost of correcting such errors; and,
Final proofreading and in the event that the client has approved services but errors, including, but not limited to, typographic errors or misspellings, remain in the finished product, the client shall incur the cost of correcting such errors.
6. Charges, Fees and Payment
The billable hourly rate is $75 per hour for corporations and businesses without nonprofit, charities or B-Corporation status. The billable hourly rate is $50 per hour for nonprofit, charity or B-Corporation status businesses.
The billable hour is in Canadian Dollars. HST is applied to all billable hours at final invoicing.
Actually will invoice every two weeks for retained client projects.
Charges for services to be provided by Actually will be set out in the initial estimate. At the time of the client’s acceptance of the estimate and therefore also the Terms & Conditions, a non-refundable deposit of 50% of the estimate fee on all projects totalling $500 or more (before shipping and taxes) will become immediately due. The balance of 50% of the total and any other costs, expenses or additional charges due to change orders, are due upon completion, at the time the artwork is finalized and immediately prior to forwarding any files to the client.
Any additions to the initial design brief made by the client once the project has started may incur additional costs over and above the original estimate.
Any estimate provided to the client is what Actually believes the job will take given the information provided by the client. If more work is involved the actual price may be higher; if less work is needed, the actual price may be lower. Actually will, however, will always keep you informed of any change which exceeds ten (10) percent of the total.
Total charges, including charges for what Actually deemed to be additional services over and above the original estimate, will become fully payable at either the next deposit due date or at final invoicing, as applicable.
When projects are complete, Actually will require an indication by the client that the project has been officially approved. This approval can be given via email correspondence or via a signed approval form.
All payments received are non-refundable in the event the project or the relationship is terminated for any reason. If any part of the work for this project is delayed for longer than 30 days, Actually will bill for work completed.
Actually reserves the right to suspend work and/or withhold issuing any project documents if invoice payments are not received within a reasonable period of time from the invoice date (payments received at the latest of 15 days).
When projects are complete, Actually will issue the final invoice to the client and the grand total or remaining 50% installment will be due. Accounts that remain outstanding for 15 days after the date of invoice are subject to a 2% interest charge on the outstanding amount.
Payments can be made by cash, credit card, E-transfer, cheque, certified cheque, or previously agreed electronic funds transfer with PayPal or Stripe. Payments made with credit card, Paypal or Stripe are subject to processing fees.
Returned cheques will incur an additional fee of $50 per returned cheque. Actually reserves the right to consider an account to be in default in the event of a returned cheque.
7. Cancellation and Default
Cancellation of projects must be made in writing. The client will be liable for payment of all work completed up to point of cancellation. An invoice for the amount owing will be issued and payment must be paid within 30 days.
Actually does not engage in speculative work. Spec (speculative) work is defined as, “providing design services to develop creative concepts for free (or for a nominal fee) as part of a new business pitch”. Alliterations, conceptualizations, mockups, and compositions are billable upon completion by Actually. This act is in compliance with the Registered Graphic Designers of Ontario Code of Conduct. For more information, you may visit https://www.rgd.ca/resources/free-work.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Actually shall be considered entitled to remove Actually’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, web design and development, website maintenance, sub-contractors, printers, photographers, and photoshoots, stock photography, studio space, stylists and similar. Removal of such materials does not relieve the client of their obligation to pay the amount due.
Clients whose accounts become default agree to pay Actually reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions and collection of overdue payments.
8. Copyrights, Trademarks, Ownership and Licensing
Actually retains all rights in and to all Preliminary Works. The client shall return all Preliminary Works to Actually within thirty (30) days of completion of services and all rights in and to any Preliminary Works shall remain the exclusive property of Actually.
Actually retains all rights and titles in and to any original artwork comprising Final Art, including all rights to display or sell such artwork. The client shall return all original artwork to Actually within thirty (30) days of completion of services.
All Designer Tools are and shall remain the exclusive property of Actually. Actually hereby grants to the client a nonexclusive, non-transferable (other than the right to sublicense such uses to the client’s web hosting or internet service providers), perpetual, worldwide license to use the Designer Tools solely to the extent necessary with the Final Deliverables for the project. The client may not directly or indirectly, in any form or manner, decompile, reverse engineer, create derivative works or otherwise disassemble or modify any Designer Tools comprising any software or technology of Actually.
Actually reserves copyright and all other intellectual property rights on all documents and images on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
Any artwork, images, or text supplied and/or designed by Actually on behalf of the client, will remain the property of Actually and/or its suppliers.
The client may request in writing from Actually, the necessary permission to use materials for which Actually holds the copyright in forms other than for which it was originally supplied, and Actually may grant this at their discretion. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying text, images and other data to Actually for inclusion in the client’s website or other media, the client declares that Actually holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or the rightful copyright or trademark owner. By supplying images, text, or any other data to Actually, the client grants Actually permission to use this material freely in the pursuit of the design.
Actually will accept no liability for infringement of copyright resulting from material supplied by the client. It is the client’s responsibility to ensure they are using all text and graphics legally and Actually reserves the right to decline to use material if there is sufficient reason to believe a copyright violation is taking place.
It is the client’s responsibility to determine whether the use of any printed or web-based material satisfies the laws of the jurisdiction where it will be used, viewed, distributed or similar. The client agrees to fully indemnify and hold Actually free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permission.
Any design, copywriting, drawing, idea, system or code created for the client by Actually, or any of its contractors, is licensed for use by the client on a one-time-only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Actually and any of its relevant sub-contractors.
All design work, where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Actually will not be held responsible for any and all damages resulting from such claims. Actually is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Actually responsible for any such loss or damage.
Artwork designed by Actually will remain the property of Actually. Actually can supply a copy of the flattened artwork to the client on completion of payment.
Actually will store all relevant emails and written communication as a permanent record.
Actually can provide working files to the client and the cost to supply such working files will vary depending on the project, and Actually may grant release to such working files at their discretion.
9. Accreditation, Samples and Credit
Actually has the right to document, photograph or otherwise record all completed designs, samples or installations of the project and client name, for publications, exhibition, competition and other promotional purposes (such as Actually’s website) once the project has been made public.
Actually retains the right to reproduce, publish and display the Deliverables in Actually’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
Either party, subject to the other’s reasonable approval, may describe its role in relation to the project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.
The following credit will be mentioned on all publicity or promotion of a clients project and/or our relationship, including, but not limited to, awards, competition, press, releases, etc.; (i.e. Design: Actually)
10. Data Formats, Client Changes and Image Requirements
Text is to be supplied to Actually in electronic format such as MS Word, Google Drive Documents, the client’s Dropbox, CD/DVD, PDF, via e-mail or uploaded through access to Actually’s Dropbox site. The client agrees to Actually’s definition of acceptable means of supplying data to the company.
Images that are supplied in an electronic format must be of a quality suitable for use. Actually will not be held responsible for any image quality which the client later deems to be unacceptable. Actually cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary image work, including, but not limited to, image manipulation, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
In order to avoid errors, text changes and corrections will not be taken over the phone and must be provided in writing preferrable sent electronically. Any text with extensive changes must also be provided as markup in hard copy (i.e Word document, Google Drive Document, PDF or email indicating the revised text request). If the client insists Actually accepts text changes and corrections over phone communication for whatever reason, Actually is not responsible for any inaccuracy.
11. Web
11.1 Rights of Access for Website Construction
The client agrees to allow Actually all necessary access to read/write permissions, usernames and passwords until all due funds are cleared in order to complete a website project. The client also agrees to allow Actually access to any usernames and passwords required to remove data and/or sites to comply with these Terms and Conditions.
The client agrees to supply Actually with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Actually accepts no liability for the downtime of Actually’s website that posts third-party content on the blog, or for clients’ portfolio examples and credits.
11.2 Website Design & Development
Unless otherwise stated in the estimate, Actually will provide one initial design concept based on feedback from the initial client meeting. If this concept is not suitable, Actually will provide a second concept (i.e. mockup or composition) based on feedback from the client. Any new concepts after these initial two concepts will be charged on a per-hour basis. Once a concept design is chosen, reasonable revisions to this concept are included in the cost of the website construction.
Actually will determine what constitutes a “reasonable revision” and will advise the client that revisions are going beyond what was included in the initial estimate.
Actually does not engage in speculative work, and if the client does not approve either of the initial two concepts and decides not to move forward with a third concept, Actually will bill for the work completed from the original approved estimate.
Any revisions to approved pages, or changes outside of the initial information provided by the client or outside of the initial project scope, the client will be charged at an hourly rate.
Once a website design is deemed to be complete by either the client or Actually, Actually will provide the client with the opportunity to review the resulting work. Actually will make one set of minor changes at no extra cost within 10 days of the start of the review period. Minor changes include small text changes or copywriting amendments and small adjustments to the placement of elements on the website page. Minor changes do not include amendments to images, colour schemes or any development of functionality of the website such as navigation, themes, templates, plugins, tools, widgets, etc.
If Actually installs a Premium WordPress theme in a client’s hosting environment, once the client’s live site is beyond the initial 10-day minor changes period from the launch date, Actually is not responsible for theme maintaining licenses to the approved theme beyond the initial purchase, and/or theme maintenance and updates. This includes any new software releases or updates by the theme or template developer.
If Actually installs a Premium WordPress theme in the client hosting environment, and the theme is not functioning as the theme demo displays, Actually is not responsible to offer support and provide fixes or custom development fixes. However, Actually will take every opportunity to address the issues, if any should arise.
Actually will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
The nature of the Internet prevents Actually from guaranteeing the quality, suitability, completeness or accuracy of any of the material that the client site may be linked to. Actually accepts no responsibility for the content of that material including any unsuitable or inaccurate material that the client may want to include or may be linked to.
Actually assumes no responsibility or liability for the client’s product pricing, shipping rate pricing, exchange rates, currency conversions, transaction fees, sales tax rate rules or collection of taxes from customers in WordPress or Squarespace e-commerce or any other third-party website applications such as Printful, Stripe or PayPal.
Website services do not include website backups of any kind, such as XML files, visual site maps, website content pages, blog posts, custom HTML and CSS markup, database backups, third-party plugin updates, and/or any other third-party code updates used in conjunction with the website. Duplication of any uploaded website copy, images or other digital assets to the website is recommended to be completed regularly by The Client.
Actually waives all responsibility regarding the client’s website uptime, security, content, SEO ranking, and/or general maintenance.
Furthermore, Actually will accept no liability for losses incurred due to inaccuracy or omission of any website design, development of functionality or construction of the website and any material added to the website.
11.3 Hosting Websites & Third Party Software Integrations
Actually does not offer hosting services for clients. Actually will help you to make informed and educated decisions on where to host your website, giving the client flexibility to move without any obligation to Actually.
Hosting is completely and entirely the client’s responsibility. Actually will create and establish hosting on behalf of the client and Actually assumes no responsibility or liability for a downtime of the site, if the site becomes compromised, hijacked, and/or is attacked by a spam bot.
Email accounts created through hosting accounts are not managed or maintained by Actually. Actually will provide informed and educated support, maintenance and guidance for email support, billable at the hourly rate.
Therefore, Actually is not responsible or liable for any issues that may arise with the website platform software, hosting or email deliverability, or third party software integrations such as Google Analytics or third-party software plugins, tools, or custom code injections. The client completely owns the management of hosting, website platform and email services. Actually will guide you in resolving any issues, should any arise, billable at Actually’s hourly rate.
Hosting registration, renewal and subscription is completely and entirely the client’s responsibility. Actually may send notifications making the client aware that the hosting plan/package needs to be renewed if Actually is privy to such information and alerts and notifications from the hosting company.
11.4 Domain Registration
Actually cannot guarantee the availability of any domain name. Where Actually is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Domain registration is completely and entirely the client’s responsibility. Actually will purchase domain names on behalf of the client and Actually assumes no responsibility for domain renewals. Actually may send notifications making the client aware that the domain needs to be renewed if Actually is privy to such information and alerts and notifications.
11.5 Search Engine Submission
Due to the number of considerations that search engines use when determining a site’s ranking, Actually cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed. The time it takes for the website to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Rankings can also fluctuate on a daily basis and vary depending on an IP address.
11.6 Unauthorized Access
The client agrees to acknowledge that despite all reasonable precautions on the part of Actually, there is a risk of unauthorized access to or alteration of transmissions of client data, or of information contained on computer systems or on Actually’s website. Actually does not accept responsibility or liability of any nature for any such losses which a client may sustain as a result of such activity.
The client must take their own precautions to ensure that the process employed for accessing the Internet does not expose themselves to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Actually does not accept responsibility for any interference or damage to client computer systems that arise in connection with client use of Actually’s website or any linked website.
Actually assumes no responsibility or liability if the client’s website becomes compromised because of unauthorized access, fraud, destruction, disclosure, modification of data or denial to access services because of any cyber threats like web-based application attacks or application-layer attacks, domain hijacking, spam bot attacks, etc.
11.7 Hyperlinks and Advertisements
When a client requests a hyperlink or advertisement to be included by Actually in a website design, the responsibility for the content of hyperlinks or advertisements appearing on that site rests solely with the website operator of the hyperlink or the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by Actually of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
11.8 Actually’s Website
All of the material published on Actually’s website is for information purposes only and does not constitute advice. While Actually has no reason to believe that any information contained on its own website is inaccurate, Actually does not warrant the accuracy, adequacy or completeness of such information. While Actually makes every effort to ensure that information is free from error, Actually does not guarantee that the information or images are current, complete or correct and therefore accepts no responsibility. We do not accept responsibility for loss suffered as a result of reliance by anyone upon the accuracy or currency of the information contained on the Actually website.
Actually does not accept liability for errors, omissions in, delays or interruptions to or cessation of access to the Actually’s website, through negligence or for any other reason whatsoever. Actually does not guarantee that their website or third-party websites will be free from viruses. Actually may withdraw completely, or suspend for a period of time, this website, or access to it for any reason.
Actually does not accept responsibility for any loss or damage, however, caused (including through negligence), which anyone may directly or indirectly suffer in connection with their use of Actually’s website or any linked website, nor does Actually accept any responsibility for any such loss arising out of anyone’s use of, or reliance on, the information contained on or accessed through the website.
It is at Actually’s discretion to promote, credit or showcase a client’s work on Actually’s website.
12. Print
Actually does not provide printing services, although will take all necessary steps to ensure a printed job is completed to the client’s satisfaction, by maintaining educated decisions for printed materials, management and communication with a printer and/or print house. In the event a printed job is not completed to the client’s satisfaction, Actually will take reasonable steps to improve the situation.
12.1 Accepting Proofs
Should Actually request the client to accept artwork proofs directly, the client is held fully responsible for all content being proofed, including design, spelling, grammar, colour, quantity, paper selection and similar. It is the client’s responsibility to request another proofed copy if the provided proof is difficult to read or if changes are required. The final accepted proof will be printed. If the client approves the proof but is dissatisfied with the result, Actually may, if appropriate, inquire to the printer and/or print house on the client’s behalf and assist in resolving the matter, but there will be no reprints at Actually’s expense.
12.2 Submitting Artwork
Clients who submit their own artwork are fully responsible for the end result of printing. Actually will send to print whatever is approved and take no responsibility for printed artwork mistakes.
If changes are required to artwork submitted by a client, Actually will contact the client before sending the artwork to the printer to avoid possible printing problems from occurring. An artwork fee will be charged for any changes required and there will be no reprints at Actually’s expense.
12.3 Colour Variations
There may be colour variations from what the client views on screen, to the colour of the final printed product, and to previous orders. It is the responsibility of the client to approve the proof before the project is printed. Should the client not request or approve a printer proof, Actually will not be held responsible for any errors or colour variations deemed unacceptable by the client. There will be no reprints at Actually’s expense.
12.4 Printer’s Terms and Conditions
Actually and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within a percentage of the total ordered. Actually recommends that if an exact quantity is required, then a percentage extra is added to the quantity and extra time made available should the job be delayed.
The percentage difference varies among printers, typically from 2% to 10% depending on quantities.
12.5 General
It is the client’s responsibility to ensure the document or creative project is thoroughly proofread and reviewed before approving to proceed forward and send the project to print. Actually will not accept liability for mistakes that are discovered as the document is being printed, or after the document has been printed. While Actually will make a reasonable effort to ensure every project is free from errors or omissions, Actually will accept no responsibility once the client has approved the project to go to print.
Furthermore, Actually will accept no liability for losses incurred due to inaccuracy or omission of any printed material.
Actually accepts no liability for the actions of the printing company and will not be liable for any costs incurred or loss of earnings following a failure of the printing service. Any dispute of this nature must be settled between the client and the printing company directly.
12.6. Print Samples for Promotion
The client shall provide Actually with at least three (3) samples of each printed or published form of the Final Deliverables, for use in Actually’s portfolio and other self-promotional uses. Such samples shall be representative of the quality of work produced.
13. Logo Design
Actually will provide a minimum of three (3) initial logo concepts. If none of these logos are satisfactory Actually will provide an additional two (2) unique logo concepts based on client feedback. If additional logo concepts are required, additional charges will be incurred.
The client may request to see colour variations of any of their initial logo concepts. Up to 12 colour variations are included in the cost of developing the logo.
Reasonable revisions to concepts as determined by Actually, are included in the cost of developing the logo.
If the client is commissioning Actually for logo design services under the pricing of the Business Packages for Small Businesses, minor edits include colour changes, font face changes and small copy edits. It does not include an overhaul of the proposed concept or recreating symbol rendering (if any).
Logo design does not include font purchases or licensing.
14. Web Design Credits
The client agrees to allow Actually to place a small credit and/or a link to Actually’s own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The client also agrees to allow Actually to place websites and other designs, along with a link to the client’s site on Actually’s own website for demonstration purposes and to use any designs in its own publicity.
15. Turnaround Times, Deadlines and Schedule Parameters
Any indication given by Actually of a design project’s duration is to be considered by the client to be an estimation. Actually will make every reasonable attempt to fulfill client deadlines but cannot be held responsible for any missed deadlines or project over-runs. Actually accepts no liability for failure to meet deadlines due to delays caused by the client or third parties for not supplying required materials in a timely manner.
Estimated project duration should be deemed to be from the date that cleared funds are received by Actually for the initial payment or by the date confirmed in writing by Actually.
The typical turnaround time for printing is 5-15 working days depending on the project and quantities being printed. This turnaround time is from the time of approval to the time when the client receives their order. Artwork design time is extra.
All services and deliverables offered by Actually are performed within the standard workweek (Monday to Friday between 9 AM to 5 PM EST). Actually is closed on all major Canadian Holidays and the entire week between Christmas to New Year’s Day.
The Holidays are as follows:
Family Day – Third Monday in February
Good Friday – Friday before Easter Day
Canada Day – July 1st
Civic Holiday – First Monday in August
Labour Day – First Monday in September
Victoria Day – Monday before May 25th
Thanksgiving – Second Monday in October
Christmas – December 25th
Boxing Day – December 26th
New Year’s Day – January 1st
16. Delivery
Actually will not be held liable for printing products that are damaged, lost or delayed when delivered by post or courier.
Any work or services that Actually is commissioned by the client will be turned around within a reasonable, no-rush schedule to be determined, where possible, and mutually agreed upon at the start of each project. If no deadline is discussed upon commencement of the project, Actually will deliver the project in a timely manner.
Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will be negotiated separately. Our schedules assume timely review and response by the client of all deliverables.
Rush jobs are subject to a rush fee of 40% of the final project invoice.
17. Rights of Refusal
Actually will not include in its designs, any text, images or other data that it deems to be immoral, offensive, obscene or illegal. It is the client’s responsibility to ensure that all advertising material conforms to all standards given by all relevant advertising standards authorities in all countries/jurisdictions or similar where that advertising will be used.
Actually reserves the right to refuse to include submitted material without giving a reason. Any images and/or data that Actually does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Actually to remove the contravention without hindrance, or penalty. Actually is to be held in no way responsible for any such data being included.
Actually reserves the right to suspend work and/or withhold issuing any project documents if invoice payments are not received within a reasonable period of time from the invoice date (payments received at the latest of 30 days).
Actually reserves the right to retain all payments made in the event the project or the relationship is terminated for any reason. All payments received are non-refundable.
18. Subcontractors and Other Agencies
Actually reserves the right to use the services of sub-contractors, other agencies, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Actually will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Actually may use the services of subcontractors and other agencies at their discretion. It is up to the discretion of Actually to inform their clients when subcontractors are being used.
It is up to the client to notify Actually if any such subcontractors or use of other agencies is in violation of any contracts that the client is in agreement to.
19. Electronic Files
Actually agrees to store all final electronic files created for the client for a maximum of two years from the approved estimate date, and/or signed off project commencement approval via email or in writing.
Actually will charge $75/hr to retrieve or transfer any elements of our electronic files from the archive at the request of the client, providing related usage rights have been negotiated. This rate is subject to change at Actually’s discretion.
If the client has specified requirements for how project files must be prepared, the client must communicate this in writing to Actually before the project begins. Otherwise, Actually will provide files as we see fit, depending on the project and file size.
20. Other
Actually makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Actually will not be held responsible for any and all damages resulting from products and/or services it supplies. Actually is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Actually responsible for any such loss or damage.
If a choice of design is presented, only one solution is deemed to be given by Actually as fulfilling the contract. All other designs remain the property of Actually unless agreed in writing that this arrangement has been changed.
All estimates include applicable taxes and shipping unless otherwise stated.