The term ‘Blue Wolf Design Group’ or ‘Blue Wolf’ or ‘us’ or ‘we’ or ‘our’ refers to the owner of this website whose office is located in Newfoundland, Canada. The term ‘you’ or ‘your’ or ‘customers’ or ‘clients’ refers to the viewer of our website and the user of our services. These are the standard terms and conditions for Blue Wolf Design Group and apply to all and any contracts whether verbal or written and all work undertaken by Blue Wolf Design Group for its clients.
Commencement of work
Payment of a deposit to Blue Wolf?constitutes agreement to work with us and to these terms and conditions.
Payment Terms and Policies
- A deposit of 50% is required to be paid by the client upfront to start all website design and development projects. The remaining 50% of the project cost are taken care of by milestone payments of 25% each which are scheduled either by date or at specific points in the project.
- If completion/launch of the website is delayed by the client for more than 30 days, Blue Wolf has the right to bill the client for unpaid hours or the amount of the current milestone. The project will then be rescheduled and completed when the client is ready to proceed.
- As soon as our resources for research, consultation, design and development has commenced on any project, the deposit is non-refundable.? Furthermore, if the time and resources allocated to a project that a client wishes to cancel for any reason, exceeds the initial deposit or payments received, the Client is also responsible for further payment of time spent.
- Print ready files for all print design projects are retained by Blue Wolf until the total amount has been paid in full. As soon as full payment is received the files will be made available for download by you or your print service provider.
- All projects valued at $1000.00 or less require full payment up front.
- For your convenience, we accept business cheques, Interac-eTransfers and secure credit card payments.
Blue Wolf retains the right to showcase any work samples from projects completed for our clients. Our normal means of displaying such work samples is usually via our website. However, there may be times that we use our work samples in various print collateral or even in our proposals as an example. We always consult with our clients if we wish to use them in some other marketing format such as advertisements.
Fees For Service
Most all of our work and billing is project related and based on the total project cost either supplied by us via email conversation, text message, a quote or as a formal proposal. However, if work undertaken by Blue Wolf exceeds the items specified in the email, text, quote or proposal, the client agrees to pay the appropriate fees for the excess work, outside the scope of the original agreement. The client will be notified whenever possible of any increases in the scope of their specific project.
This is defined as any work involving unforeseen time allocated for additional services, designs, code or extra files requested or required upon completion of a project. The client will be notified of any additional work and fees in relation to the scope of their specific project. Additional services are based on our hourly fee of $90 plus GST for design related work and up to $150 plus GST for web related coding and work. Should additional services not initially quoted for be required or requested during the design and development process, a progress payment will be payable prior to such work being carried out. Otherwise, all additional costs will be added to the milestone payments or final invoice, payable prior to delivery of print ready files in particular.
Liability & Litigation
It is agreed that all work and materials provided for the client by Blue Wolf will be free and clear of all liens and encumbrances and may be lawfully used by the client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party. It is agreed that Blue Wolf indemnify and hold the client harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of the client or its employees, and it is agreed that we shall notify the client in writing of full details of any such claim. Under no circumstances shall Blue Wolf be liable to the client for an indirect or consequential loss suffered by the client relying on the information included in the supplies prepared by Blue Wolf including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final Artwork
While Blue Wolf takes all care to avoid errors, we do not accept responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the client’s responsibility to proof read and approve all final copy before the production of artwork. The email verification of the client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by the client’s proof reading.
Blue Wolf Design Group retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Blue Wolf Design Group. Blue Wolf may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Blue Wolf retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery. This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Blue Wolf retains ownership of all artwork and website architecture. Blue Wolf reserve the rights to certain elements used to create your projects?including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items. Blue Wolf reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote. Other than for the promotional use of Blue Wolf all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Blue Wolf shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed. Copyright will remain property of Blue Wolf till such time an agreement is in place. As part of Blue Wolf terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. Blue Wolf reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Blue Wolf in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the deposit received will be forfeited in lieu of compensation to Blue Wolf. This is to cover design, resources purchased and allocated, research time, consultation time and administration cost. If the project is more than 50% completed payment for additional services are based on our hourly fee of $90 plus GST for design related work and up to $150 plus GST for web related coding and work. If a project is cancelled by Blue Wolf, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner, minus the cost of any designs, resources purchased and allocated, research time and consultation time that has any value to the client. In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Blue Wolf.
Website Design Post- completion Alterations
Once web design is complete, Blue Wolf will provide the customer with the opportunity to review the resulting work. Blue Wolf will make one set of minor changes at no extra cost within 30 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Blue Wolf by e-mail. Blue Wolf will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 30 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of $90 plus GST if applicable.
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by the client and signed by an authorized representative of Blue Wolf prior to the commencement of work outlined in this submission.
Blue Wolf cannot and will not be responsible for maintaining the security of your account password and website content. You are fully responsible for all activities that occur under the account and any actions taken with the content of your website. If you suspect any unauthorized use of your account or any other breaches of security, you must notify us in writing immediately. New passwords will be generated to secure your account as soon as your notification is confirmed. Blue Wolf cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Blue Wolf be liable, in any way, for any acts or omissions by a Member or Guest, including any damages of any kind incurred as a result of such acts or omissions.
Content, Conduct Rules and Regulations
You or any person who has access to your account is fully responsible for the accuracy, completeness or usefulness of all Content (information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials) placed on your website and you agree to bear the risk associated with the content. Blue Wolf reserves the right to remove any Content deemed in our sole discretion to be harmful, offensive, or otherwise in violation of the Terms, Rules or Policies we may have in place at the time. We also reserve the right to terminate your account if proper conduct in managing your Content and or account is not followed to our satisfaction. Blue Wolf is not responsible for the Content of any website account including forums, blogs, discussion groups, media and comments. We reserve the right to remove any Content that is in violation of our Terms and Conditions. You will be held legally responsible for all Content, including but not limited to use of copyrighted material without the permission of the author or posting material considered indecent for minors. The use of our websites and services for illegal purposes is strictly forbidden. You must agree to not use our services and your website to engage in unethical marketing, spamming, misrepresentation, impersonation, stalking, harassment, copyright and privacy infringement, money scams, the sale and promotions of unlawful products and services. Any account found or believed to be, in our sole discretion, violating the law or failing to comply with our rules and regulations may be terminated with or without notice. You are also not permitted to upload any Content to your website (or our server), including but not limited to programs, software, media, or MP3 files unless you have full copyright or have all rights to the Content in question. This includes files with the following extensions: .zip, .rar, .arj, .tar, .mp3, .avi, or .exe. Copyrighted files not belonging to you or an authorized guest may be deleted without notice.
Great care and attention is taken to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time. This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
Blue Wolf website services include web hosting which utilizes the expertise and high-end server technology of professional hosting providers. Our technical support to you is completely backed and assisted by these professional hosting providers. While the servers we use rarely go down, we do however realize that sometimes there are short outages which may be completely uncontrollable. To maintain the high level of website uptime provided on these servers, professional hosting providers from time-to-time performs necessary maintenance which is usually scheduled in the early hours of the AM. It is up to you in the meantime to notify Blue Wolf if you are experiencing any outage issues with your website. You can do this either by phone or email so that proper action may be taken to restore your service.
All accounts include server level anti-virus and anti-spam protection which is optional. You must request that this feature be enabled preferably when the accounts are being set-up. However, if spam protection may be utilized, there are no guarantees, expressed or implied that it will be 100% effective. Every reasonable precaution is and will be taken to ensure that optimal results are achieved. Blue Wolf can not and will not be held liable for any data loss due to insufficient protection on your computer. You are solely responsible for maintaining sufficient protection of your own computer from viruses, spam and hackers.
While regular server backups are performed (free as well as paid services) we cannot guarantee the accuracy of the data. These backups are NO WAY GUARANTEED! Customers are responsible for maintaining backup copies of their own website content, including all page text, graphics and images, on their own personal computers. Blue Wolf does not provide any sort of compensation for lost for incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Blue Wolf’s part). Great care and attention is taken to safeguard all data, but we do not assume responsibility for this duty. We make no guarantees about the availability of backups. If for some reason your website and database files need to be restored, fees will only be charged if the restore is successful. If the restore attempt is not successful from our paid backup service, compensation will be limited to a maximum of your monthly website fee.
You are required to keep the contact details you provided to us up to date. We may use these addresses to contact you by post or e-mail from time to time, but these addresses will not be passed to any other companies, unless required in order to register a domain name.
Disclaimer of Warranties
You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an ‘as is’, ‘as available’ basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
You agree to indemnify and hold harmless Blue Wolf and the sites owner, representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms and Conditions, or any other violation by you of the rights of another person or party.