Terms & Conditions
At Trademark Virtual, we are committed to helping our clients. At the start of each project, you can expect to sign a contract which is meant to protect both us and you. This contract outlines the way we work together and spells out what you can expect throughout the project. Here we cover some of the general terms and conditions that govern the way we work. Keep in mind that we curate a custom contract for all of our projects and thus some items here may not be relevant or may work slightly differently. Additionally, these terms and conditions are subject to change at any time. Please refer to your contract if you are wondering about the terms that govern our unique relationship.
If you have questions, at any time you can contact us at email@example.com
There are a few definitions we want to provide so that we know we are all on the same page.
- ‘The Designer’ is Trademark Virtual or other contractors providing services.
- ‘The Client’ is the party receiving design-related services from The Designer.
- ‘An Order’ is the request for services from Trademark Virtual.
- ‘The Project’ is a term used to describe the agreed-upon services from Trademark Virtual.
- Project quotes are valid for 7 days. After 7 days, project prices are subject to change.
- Project quotes are exclusive of tax unless otherwise stated. We are a registered company and thus charge HST to all Ontario customers, and appropriate tax rates for clients residing elsewhere.
- All prices are in Canadian dollars unless otherwise specified.
- Work that is outside the terms of the quote is charged at our hourly rate, which is subject to change at any time. The Client can expect to be notified by The Designer for any work outside of the project scope.
- Project quotes typically do not include subscriptions, memberships, premium plugins, domains, SSL certificates, hosting, and other features required for your project. The Designer will notify you if a subscription is needed to complete the project.
Our standard payment schedule is a 25-25-50 split. That is:
- 25% of the package price is due upon signing the contract to hold your spots;
- 25% is due upon project start and;
- 50% is due upon project completion.
The first 25% is a non-refundable booking deposit. Payments are to either be made online or via e-transfer. Most major credit card providers are accepted.
All payments are due within 7 business days (defined as Monday to Friday) of receipt. Failure to meet payment deadlines will result in an additional charge of 5% of the requested payment total for the first 5 business days beyond the due date, 10% for payments made between 5 and 10 business days beyond the due date, and 25% for payments made greater than 10 business days beyond the due date.
If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)
Cancellation terms depend on the nature of the agreement between The Designer and The Client.
For retainer-based clients, we require a 30-day written notice for the termination of contracts. All work within those 30-days will be billed and are due upon receipt following payment terms.
For project-based clients, projects can be cancelled before the project begins with forfeit of your non-refundable retainer. The remaining project balance is not due. If The Project has commenced, the remaining balance is due regardless of the amount of The Project that has been completed.
In the event that Trademark Virtual cancels this Agreement, Trademark Virtual will provide any artwork completed and paid for to date.
Trademark Virtual cannot guarantee the outcome of design or other services. The Client acknowledges that Trademark Virtual cannot guarantee any results for design or other services as outcomes are based on subjective factors that often cannot be controlled.
Trademark Virtual is an online business therefore the majority of our communication is done via email. This helps us keep track of specific design requirements and any changes required. We can often accommodate phone or Zoom calls when needed, however, there is a maximum number of calls included with each project. Please refer to your contract. Additional calls can be added to a project at any time. Please contact us at and we will be happy to arrange a call time. Although communication from time to time may occur over direct messages on social media or texting, you cannot be guaranteed a response. Please defer to email in case of no response.
The Client assumes full copyright and reproduction rights upon full payment of a completed project. Trademark Virtual retains personal rights to use completed projects and concept artwork for marketing. All images displayed on the Trademark Virtual website, Facebook, Instagram, or any other medium are subject to copyright and must not be copied or used without full permission from Trademark Virtual and The Client. Any breach of copyright will result in legal action being taken as necessary.
Any images supplied by the Client must be provided in high resolution. It is up to The Client to ensure that the images provided are not protected by copyright and/or that your have the correct permissions.
The Client allows Trademark Virtual to display any projects on the Trademark Virtual website/ Facebook page/ and portfolio for self-promotion purposes. The Client agrees to allow Trademark Virtual to credit design work on all websites designed by Trademark Virtual.
Trademark Virtual makes every effort to follow established timelines and meet deadlines. Timelines will be clearly communicated. However, please note that all quoted turnaround times are approximate. Trademark Virtual will not be held responsible or liable for any costs resulting from late deliveries. Keep in mind that timelines and deadlines much be followed by both parties. We expect that The Client also meets timelines and deadlines. We request 24-hour hours written notice if either party cannot meet established deadlines. Late fees may be incurred.
Trademark Virtual requires approval and sign-off for all projects. Sign-off must occur via email. Whilst all care is taken by Trademark Virtual, Trademark Virtual is not responsible for any spelling, grammatical, or numerical errors or omissions after final approval. The Client does have time to review designs throughout the process up to the number of feedback and revisions included in The Project. Even if these errors are from Trademark Virtual, it is The Client’s responsibility to proofread and check thoroughly their projects to identify any errors before approval.
If you have any questions, please email us at firstname.lastname@example.org
Last Updated: August 25th, 2022