Terms of Service
Except for the retained rights described in the paragraphs below, all services provided and all materials Tallis Graphic Design produces on your behalf will become your property upon full payment of our invoices.
Any material or ideas prepared or submitted to you for which you have not paid our invoices, within 30 days of submission to you, will remain Tallis Graphic Design’s property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.
In addition to our fees, you agree to pay either Tallis Graphic Design or the provider directly for third party charges we incur to complete the projects defined under Marketing Services. Third party charges will be treated as disbursements and will be billed separately.
Any revisions, additions, or alterations to the project modifying the originally agreed services to be performed and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.
Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Client delays or extensions shall be charged and paid for at an additional rate of 50% of Tallis Graphic Design’s hourly rate.
Any work done after business hours, at the request of the client, will be billed at a rate 50% higher than the agreed upon rate.
The Client will appoint a single representative of the Client with full authority to provide necessary information required by Tallis Graphic Design and to provide approvals.
The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and artwork is released.
Email authorization from you will constitute authorization and approval to carry out work defined in the Marketing Services.
Additional charges will apply when materials are submitted by the Client in a form that prevents them from being readily used and applied at recognized professional standards. An example would be to recreate a low-resolution logo image file into a vector file.
In those instances where the Client assumes responsibility for production, printed proofs, copies, prototypes and mock-ups must be approved by Tallis Graphic Design prior to use. Tallis Graphic Design shall be available at reasonable times to provide advice during the production period and for approval of minor modifications of the project (hourly rates may apply).
When Tallis Graphic Design is engaged in a supervisory function and assumes responsibility for production on behalf of the Client, the Client agrees to abide by the decisions made by Tallis Graphic Design.
Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per the following: 30% deposit upon contract acceptance; 70% balance due upon delivery of the final invoice. Failure to pay the final invoice may result in Tallis Graphic Design claiming ownership of all designs.
Using Tallis Graphic Design artwork 30 days after receipt of final invoice will be considered an act of bad faith, and the designs will be legally requested to be removed from all media platforms of the Client.
Tallis Graphic Design’s accounts will include fees and disbursements that are applicable by law and our accounts are due and payable upon receipt. If our accounts are not paid within 30 days of their receipt, interest will be charged on the outstanding balance at the monthly rate of 5%, compounded monthly, until they are paid.
The Client agrees that Tallis Graphic Design is entitled to claim authorship of the design, and will be permitted editorial credits to Tallis Graphic Design on all published or manufactured work. The Client must obtain Tallis Graphic Design’s consent in writing before Tallis Graphic Design’s name is reproduced in any finished product or other published material by the Client.
The Client may provide Tallis Graphic Design with a number of samples or photographs of each printed or manufactured design. These samples will represent the highest quality of work produced.
On termination of a project, or any part of it, for any reason, the Client will pay Tallis Graphic Design for the work completed to date, along with all expenses incurred on the project. Any advance of fees provided will be credited against the amount due.
The Client will provide accurate and complete information and materials to Tallis Graphic Design, and warrants and guarantees that all materials are owned by the Client or that the Client has all necessary rights (including copyright and waiver or moral rights) in such materials, to allow Tallis Graphic Design to use them for the project.
We will use our reasonable best efforts to guard against any loss to you caused by the failure of media, suppliers, or others to perform in accordance with their commitments, but we will not be responsible for any such loss or failure on their part, or any destruction or unauthorized use by others of your property.
Tallis Graphic Design is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by Tallis Graphic Design for errors or damages resulting from such errors.
Tallis Graphic Design will not be responsible for delays in delivery caused by strikes, sickness, fires, floods, or any other similar circumstances beyond Tallis Graphic Design’s control.
Tallis Graphic Design will not be responsible for any lawsuits regarding copyright infringement, and agrees to communicate to the Client if copyright infringement is a concern. Tallis Graphic design will only use royalty free downloads or downloads with a license purchased, unless requested by the Client. If requested by the Client to use downloads without license or without royalty free guarantee, Tallis Graphic Design is not responsible for any consequences resulting from the Client’s request.
These terms and conditions will be governed and construed in accordance with the laws of Alberta.