FUEL House of Design - TERMS AND CONDITIONS © 2012 FUEL House of Design

TERMS AND CONDITIONS

Please read our complete terms of use for our designs/and services. By purchasing from our website or by contracting our services, you agree to these terms and conditions.

Agreement for Web & Graphic Design Services

This agreement is between 'Client' (Purchasee) and 'Provider' (FUEL House of Design)

1. AUTHORIZATION

'Client' is engaging above named 'Provider', a sole-proprietorship, as an independent contractor for the specific project of developing said graphic design (the service(s) are outlined in an email, then quote, then billed as an invoice - at which time all terms and conditions are agreed upon by action), web design, promotional, any design of any nature.. The 'Client' hereby authorizes 'Provider' access and "write permissions" to all directories and files of this account.

2. WEB & GRAPHIC DESIGN SERVICES

For WEB Design, this is to include web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links., CSS style sheet and installation into client hosting for the fee agreed upon.
Minor updates and changes to web site at no charge for one month beginning when web site is transferred to the internet for public viewing. Minor changes are limited to: changing wording, or making general design or text corrections. 'Provider' hourly rates will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in purchase. Unless a package is purchased for the sole purpose of updating.
For PRINT Design all services are final sales, and future changes etc will incur new costs at the hand of the client. EX: If a poster was created for the client and all that is required is some movement and change of information - unless a template has been purchased for the template price - a new cost at the same price as the previous item, will be billed.

3. FEES & PAYMENT

All fees payable in CDN dollars.
Web Design cost is variable and based on individual design.
A down payment of 60% or full payment (depending on past payment history and or relationship with the client) will be required prior to any work beginning.
Payments will be accepted via PayPal, Visa, Mastercard, Discover, and American Express.

4. COPYRIGHT AND TRADEMARKS

The 'Client' represents to 'Provider' and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 'Provider' for inclusion in 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 'Provider' from any claim or suit arising from the use of such elements furnished by the 'Client'.
'Provider' guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both 'Client' and 'Provider' that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless 'Client' receives direct authorization from the 3rd party.
Copyright to the finished assembled work of individual web site produced and designed by 'Provider' is owned by 'Provider'. This ownership is to include rights to the design, any photos or graphics supplied by 'Provider', source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the 'Client' is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
All graphics, photos and text provided by 'Provider' are property of 'Provider' and may not be used in any media outside the single media/web site without permission or transfer of rights specified in writing between 'Provider' and 'Client'.

5. LIABILITY

In the event that 'Client' or other agent acting on the behalf of the 'Client' accesses files and disrupts the layout or functionality of the web site, 'Provider' can work to get the web site back up and running at the regular hourly rate.
Under no circumstances, including negligence, shall 'Provider', or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 'Provider's' services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to 'Provider's' records, programs or services.

6. LAWS AFFECTING ELECTRONIC COMMERCE

The 'Client' agrees that the 'Client' is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 'Provider' and it's subcontractors from any claim, suit, penalty, tax, or tariff arising from the 'Client's' use of Internet electronic commerce.

7. INTERNET ETIQUETTE

'Provider' is a developer of ethical web sites. As such, 'Provider' will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will 'Provider' design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.

8. AUTHORSHIP CREDIT

'Client' agrees that 'Provider' may put a small byline link on the bottom of their web page establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that 'Provider' will be notified of any design changes to this web site.
'Provider' may use 'Client' web site as a sample of work in print or through a web site link.

9. CONFIDENTIALITY

Provider’ may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Provider’ from such materials shall not be used, published or divulged by ‘Provider’ to any person, firm or outside source without the express written consent of ‘Client’.

10. ENTIRE UNDERSTANDING

This constitutes the sole agreement between the 'Provider' and 'Client' regarding its web design and graphic service. This agreement shall be governed and construed in accordance with the laws of the province of British Columbia, Canada.

Thank you for visiting our Web site. Access to and use of this Internet Web site (referred to as "this site") are governed by the terms and conditions set forth below and by applicable laws, statutes, ordinances, and regulations. By browsing, visiting, or otherwise accessing or using this site, you agree to abide by the terms and conditions set forth below. As used in this site, the term FUEL House of Design is intended to include FUEL House of Design.

Notice
This site is protected by the copyright laws of Canada and may be protected by the copyright laws of other countries and jurisdictions. Except as specifically permitted in accordance with the terms and conditions governing the use of this site, any copy, other reproduction, display, performance, or retransmission of all or any of the contents of this site is strictly prohibited. All rights are reserved. Please see the section below entitled "Notice Concerning the Use of Documents, Images, and Information on This Site."

Trademark Notice
FUEL House of Design and the other trade names under which FUEL House of Design does business are all trademarked. Except as specifically permitted in accordance with the terms and conditions governing the use of this site, any use of such trademarks or trade names is strictly prohibited absent the prior written consent of FUEL House of Design. In addition, the names, tradenames, and trademarks of third parties, including the clients of FUEL House of Design, may appear on this site from time to time. All such names, trade names, and trademarks are proprietary to their respective owners and may be used only with the express written permission of their respective owners.

Use This Site at Your Own Risk
Every user who visits this site does so at his or her own risk. FUEL House of Design makes no representations or warranties of any kind as to and assumes no responsibility for (a) the accuracy or completeness of the information or materials contained in or any errors or omissions in the contents of this site (which may include factual or typographical errors and technical inaccuracies); (b) the availability for use of any copyrighted, trademarked, or otherwise proprietary materials of third parties that may appear in this site; (c) the presence or absence of computer viruses or other bugs that third parties may embed in or attach to this site without FUEL House of Design 's knowledge or consent; (d) any software made available for downloading, copying, or other use through this site; or (e) the merchantability, fitness for use, title, and non-infringement of any or all of the contents of this site.

Regarding communications with FUEL House of Design through this site, FUEL House of Design makes no representation or warranty concerning the security of any data transmitted to FUEL House of Design, including information relating to potential employment or applications therefore or any other matter. FUEL House of Design shall treat any data or information transmitted to FUEL House of Design through this site as non-confidential and nonproprietary.

Neither FUEL House of Design nor any other party involved in the creation, production, or delivery of this site or whose materials or information appear in this site assumes or accepts any liability, regardless of whether based on contract, negligence, intentional wrongdoing, or liability without fault, for any costs, losses or damages (whether direct, indirect, compensatory, special, lost profits, liquidated, consequential, or punitive) arising out of or in any way connected with the user's access to, browsing of, or use of this site or any of the contents of this site, without regard to the source of such contents, or with the unavailability or failure of performance of this site for any reason.

Notice Concerning the Use of Documents, Images, and Information on This Site
Documents, images, and information proprietary to FUEL House of Design, including the contents of the descriptions of FUEL House of Design 's businesses, biographical descriptions of its representatives and personnel, press releases, and other public notices, together with any associated graphic elements (collectively referred to as FUEL House of Design materials), may be copied, reproduced, downloaded, or otherwise used provided the following terms are adhered to strictly:

A copyright notice in the form "© 2012 FUEL House of Design. Used with Permission. All Rights Reserved." must appear in every copy or reproduction of FUEL House of Design materials. FUEL House of Design materials may be used solely for non-commercial purposes, such as informational, entertainment, and personal use and shall not be further copied, uploaded to any network, intranet or Internet, rebroadcast or retransmitted, or otherwise disseminated in any medium without the express written permission of FUEL House of Design.

FUEL House of Design materials may only be used in their entirety, without alteration, editing, condensation, or editorial comment, and any graphical elements contained in FUEL House of Design materials may not be used separately from the other elements with which they are associated. FUEL House of Design materials shall not be used to ridicule, disparage, harass, or annoy any client of FUEL House of Design.

No other use of FUEL House of Design materials shall be permitted.

FUEL House of Design materials available for use as set forth above do not include the design, layout, arrangement, or distinctive elements of this site or of any other Internet Web site maintained by FUEL House of Design or its divisions, subsidiaries, or affiliated companies.

Documents, Images, Information, and Other Materials Proprietary to Others
The contents of this site may from time to time contain documents, images, information, and other materials not proprietary to FUEL House of Design, such as photographs; clip art; film clips; audio track or sound effect elements; or the names, trade names, trademarks, logos, or designations of third parties (including present and past clients of FUEL House of Design or its featured personnel). All such materials will be referred to as non- FUEL House of Design materials.

Non- FUEL House of Design materials may also include from time to time articles, data, information, images, artwork, graphics, music, audio, or other elements published in newspapers, magazines, or other media or venues and may include the name, trade name, or trademark of the medium or venue in which such materials were published.

Any use whatsoever of any non- FUEL House of Design materials is strictly prohibited unless the prior written permission of the appropriate third parties has been secured.

Links
For the convenience of users of this site, one or more links to other Internet Web sites may appear from time to time. Except for Internet Web sites maintained by divisions, subsidiaries, or affiliated companies of FUEL House of Design, the Internet Web sites to which links are provided in this site are not under the control of FUEL House of Design. FUEL House of Design assumes no responsibility for the contents of any non- FUEL House of Design linked Internet Web site or for any potential damage arising out of or in connection with the use of any such link.

In addition, the existence of a link between this site and any other Internet Web site is not and shall not be understood to be an endorsement by FUEL House of Design of the owner or proprietor of the linked Internet Web site or of FUEL House of Design by the owner or proprietor of such a linked Web site.

Unsolicited Materials
Please note that it is a policy of FUEL House of Design not to accept or consider unsolicited creative, production-related, or other materials of any kind. FUEL House of Design will consider any and all materials, including proposals, ideas, concepts, drafts, rough cuts, or finished work product submitted through this site not to be confidential or proprietary and to be freely available for use without compensation or payment of any kind.

Software
Any software made available for downloading, copying, or use through this site is proprietary to the individual or entity making such software available. Downloading, copying, or other use of such software is subject to the terms and conditions of the software licensing agreement relating to such software.

COPYRIGHTS TO ALL DESIGNS/WORKS

Copyrights protect the creative property created by FUEL House of Design, copyrights fall into FIVE categories:

(1) reproduction rights

(2) derivative rights, the right to create adaptations of an original work

(3) distribution rights, the right to sell a work

(4) display rights,

and (5) performance rights.

FUEL House of Design reserves all rights to works created for any and all mediums, for any and all clients.

When an article/work of graphic design is created the rights are automatically that of FUEL House of Design for the lifetime of the artist - plus 50 years. A common misconception is that a company/person would have to publish the work or register it to own the copyright.

All artwork created for and supplied to the client will be supplied in a "finished format", no changes will be authorized, no modifications will be authorized, this is includes logos, prints, posters, handbills, stickers, banners, web banners, merchandising, albums, websites, myspace designs, and all designs by FUEL House of Design are to be left in their original format or a "cease and desist" letter will be issued, in which you will need to immediately using the copyrighted work.

Unless otherwise specified in a contract, the FUEL House of Design retains the right to his/her/their creations. When designing a work for a client, FUEL House of Design is specifying the rights for use. No other rights have been awarded.. Copyright laws protect against additional use without proper compensation or agreement.

For example: FUEL House of Design designs a logo for use on a specific product package for a cosmetics company. The company likes it so much that they decide to extend its use across their entire product line. FUEL House of Design will charge for this additional use, as it increases the value of the graphic work you created.

For example: If a merchandise design is created - it is under the understanding that said design will be used for the sole purpose of that merchandise. If it is to be used for web purposes, the right must be purchased.

1) Reproduction Rights = $1500 (unlimited use)

2) Derivative Rights = $2500 (unlimited use)

3) Distrubution Righst = $5000 (unlimited use)

4) Display Rights = INCLUDED IN DESIGN PURCHASE

5) Performance Rights = INCLUDED IN DESIGN PURCHASE

PLEASE KNOW READ YOUR INVOICE/QUOTE CAREFULLY:

You will be supplied with a proof, please review your proof carefully for spelling, graphic content and promotional specials. Once you have approved this proof, FUEL House of Design is not responsible for any mistakes found after this project has gone to print and the client assumes full responsibility for any errors or omissions.

FUEL does it's best to estimate costs, but if there are overruns or project scope changes that affect the project, the client is responsible to pay for all time used.

All deposits are required upon ordering via cheque, cash, cashier's cheque, and or paypal (fees are the responsibility of the client).

All returned cheques will subject to a $25 service charge as set forth by our financial institution.

All deposits are non-refundable and are applied to initial consultation and or work/hours.

All files high res finished files will supplied upon receipt of final payment.

Interest on outstanding accounts over terms of the account will be charged at the rate of: 5% per month).

All costs incurred for collections/recovery will be billed to the account holder.

Projects that are not completed for any reason(s) on the part of the client(s) and or artist(s), the deposit will be applied to the hours worked by said artist(s). Hourly rate is $60 per hour. The calculation will be the hourly rate X the hours spent - discount - deposit.

EXAMPLE: $60 X 40hrs= $2400 - 10% = $2160 - $600 = $1560 + taxes = $1747.20 owed by client

Projects that do not move forward from the initial consultation stage for any reason(s) are subject to a $250 consultation fee + taxes, covering the cost(s) incurred by Carmen Mason, FUEL House of Design, and or any contractor hired on their behalf, this includes but is not exclusive to advice, planning, marketing strategies,
promotional strategies, formulation of business plans, time, and or any materials utilized, used and or required by any of the above. FUEL House of Design maintains all copyright to works created/devised/designed.

Discounts are made available to clients with good standing (credit/relationship) with FUEL House of Design. Clients that are 45 days PAST DUE, clients who cancel projects past 50% completion, clients who do not communicate and or complete the release of information and required information may be subject to removal of their discount for a period of no earlier and or later than 12 months. Discounts also are subject to limitation and expiration.

© 2009 - 2012 FUEL House of Design

Refund Policy
FUEL House of Design has created this refund policy to describe the circumstances when FUEL House of Design will issue a refund, the process for claiming a refund against an order and the liabilities of FUEL House of Design related to a transaction ending in a refund claim. By registering for any of FUEL House of Design services, you are stating that you have read and accept all of the terms and conditions outlined in this refund policy.

Coverage & Scope
	This refund policy covers the treatment of refunds by FUEL House of Design and/or a projects created and or outsourced by FUEL House of Design.

	This refund policy does not apply to the practices of companies that FUEL house of Design does not own or control, or of persons that FUEL House of Design does not employ or manage, including any third-party service and/or product providers bound by contract and any third-party designers FUEL House of Design.

Filing a complaint
	FUEL House of Design believes that every project starts with a finished project in mind. Therefore, all possible attempts of amicably working out a mutually acceptable solution should be a priority in case of an unsatisfactory service. If full hours have been complete, a refund is not applicable. FUEL House of Design will work with it's clients to find an alternative. Ultimately, our goal is to a reach a mutually satisfactory solution. If the client is unsatisfied due to factors out of FUEL House of Design's control, and resolutions have been initiated, made, and or suggested, there will be no refund. Please take a few minutes to write to us at info@fuelhouseofdesign.com to initiate a dialog as to find a resolution.

	Refund claims should only be filed if we are unable to come to a mutually satisfactory solution.

Eligibility for refund
FUEL House of Design takes every project very seriously and ensures that the same is handled in a professional manner and the client gets the result as per the terms and conditions of the proposal (please note that terms and conditions must be created and determined by both parties and signed in a contract). However, if the client remains unhappy with the outcome and has gone through the dispute resolution process, we will consider partial refund requests as per the following schedule which clearly lists the services and our refund policy related to each service. Deposits are non-refundable.

Website / Web Graphic Design / Facebook Design / Wordpress Design / Blog Design
(all web designs)

Delivery Time
If we fail to deliver as per our delivery agreement (dates confirmed within the contract/agreement - signed by both parties) after the initial design style is approved, then we will issue a partial refund as per the proportion of the work completed.

If we have completed the project (allocated hours spent) and uploaded it on the server/ftp, and or have emailed/sent the final copies, no refunds will be issued.

Logo Design / Brochure Design / Flyer Design / Business Card Design / Promo Design
(all print designs)

If we have completed the project (allocated hours spent) and uploaded it on the server/ftp, and or have emailed/sent the final copies, no refunds will be issued.

Applicability of the Delivery Policy Please note that FUEL House of Design delivery commitment is subject to:
	Timely payments: A project is not considered to be void if the agreed upon / listed payments are not clear. Deposits must be paid PRIOR to the project start date, or the date may be subject to change. Payments for Third Party outsourcing must be paid prior to order, no exception.

	Timely communication from the client: FUEL House of Design is not bound to respect the Refund Policy, if required information for successful completion of the project is not communicated to us in a timely manner. Any delay or failure of the project arising out of such situations cannot be attributed to FUEL House of Design. FUEL House of Design has many projects at one time, and will wait for the information/pictures/content to be sent, FUEL House of Design will move forward only once the required information is sent.

	Completeness of information provided by the client: If the information provided to FUEL House of Design is incomplete and/or complete information/scope of the project is not provided at the beginning of the project, and or by the date required, FUEL House of Design is not bound to maintain its delivery and /or refund commitments.

	FUEL House of Design will not make any compensation for the delay of delivery under any circumstances, unless there is a special agreement signed with a penalty clause for delay in delivery.

	FUEL House of Design will not refund services that have been discounted. Alternatives will be created, and options will be made available.

Limitation of Liability
FUEL House of Design liability is limited to the partial value of the portion of the project (as per FUEL House of Design's proposal) which stands incomplete at any given point of time. At any point of time, FUEL House of Design cannot be held responsible for losses arising out of the services delivered / not delivered or the delay in the same. The liability to refund arises only once the project has been cancelled by the client and such cancellation has been communicated to FUEL House of Design in writing, and prior to the project being over 50% completed. The liability to refund can only be assumed if the project was not started in any way shape or form.

Processing of Refunds
Refunds will be processed and mailed within 14-28 business days of the cancellation date and will be made using the same method of payment as the original (refund by cheque, refund to credit card via Paypal, refund by cash, refund by email transfer).

Changes
FUEL House of Design may at any time, without notice to you and in its sole discretion, amend this policy from time to time. Please review this policy periodically. Your continued use of FUEL House of Design's services after any such amendments signifies your acceptance thereof.

amended January 2012