Terms & Conditions

Terms & Conditions

All Clients must read and agree to the terms laid out below.

By entering into a business relationship with R1 Creative, you (the Client) consent to the following terms and conditions:

Timeframe and Delivery

Agency working days are Monday through Friday, 10am – 6pm Eastern Standard Time, excluding Ontario and Canadian holidays.

R1 Creative makes all reasonable efforts to provide concepts and revisions to the Client within the timeframes agreed upon in initial consultations. If we are experiencing higher work volumes, your design will be scheduled for the soonest available design time slot, and you will be notified at the earliest possible time.

R1 Creative will save design files to Dropbox for Client review. The Client will provide feedback on the draft design.

R1 Creative will review feedback and update the design as needed. R1 Creative will continue the revision process within the specified terms to the Client’s satisfaction. Revisions will be submitted to the Client within the specified timeframe where possible.

Once the Client has approved the design, the Client will pay any balance owed to R1 Creative, and R1 Creative will deliver the final file(s).

All requested formats of the approved design will be saved to Dropbox for the Client to download. R1 Creative will not maintain an archive of Client files, so Clients must download and maintain their files.

Copyright / Trademarks

R1 Creative creates bespoke designs, and makes every possible effort to ensure designs are original and clearly, legally distinct. If a design unintentionally infringes on existing trademarks, R1 Creative’s liability is limited to free revision of the design to make it legally distinct, or the provision of a paid new design, as negotiated with the Client.

The Client unconditionally guarantees that any design element – text or graphic – provided to R1 Creative for inclusion in the design does not violate any copyright or trademark laws. R1 Creative will not be held responsible for any legal action that may result from improper due diligence on the availability of a name, phrase or image. The Client will hold harmless and protect R1 Creative from any claim arising from the use of content furnished by the Client.

R1 Creative retains the right to display designs in portfolios and on our website, unless exclusion is explicitly requested and agreed upon in writing with the Client.

Revisions and Author Alterations

Any and all revision requests, updates, corrections, additions or variations MUST be furnished to R1 Creative in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing by email.

The Client understands that any and all revision requests, updates, corrections, additions or variations will incur an hourly billable or project charge. Design work is not done free of charge unless otherwise arranged with R1 Creative explicitly and clearly in writing.

Unless otherwise agreed, R1 Creative will complete ONE large revision stage, and TWO minor revision stages. Revision requests are to be made within SEVEN days of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at the hourly rate.

The total project quote or rate provided by R1 Creative is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, R1e Creative reserves the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost.

Payment Policies

Design and development services involve significant specialization and expertise, therefore design projects should be regarded differently than a manufactured product. R1 Creative’s rates ensure appropriate compensation for the time and expertise of our graphic designers, developers, art/creative directors and project managers.

All quotations given are estimates only, unless otherwise negotiated and noted in writing on a Client contract. Assuming no additions have been made by the client over the course of the project, the final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.

Deposits and payments

All projects under $500 are to be paid in full before the start of the project.
all projects over $500 will require 50% deposit, and the balance paid in full before delivery of the final design files. All work remains the property of R. One Creative until final payment is received. Client may not use or distribute any works until paid for in full.

Monthly Billings

Trusted clients requiring long term and ongoing design work may be placed on a monthly billing cycle upon request. Clients on monthly billing will be invoiced on or around the last Monday of each month. Clients requesting a monthly billing arrangement are required to maintain current contact information and a valid credit card on file with R. One Creative.

Online Payments

Online payments are processed securely using bank-grade SSL encryption.
Payments may be made online in a number of ways:
Credit Card (Visa or Mastercard)
PayPal
Email Money Transfer (Interac)

We also accept:

Company or Certified Cheque
Bank or Wire Transfer
Money Order or Bank Draft

Accepted Payment Currencies

We bill Canadian clients in Canadian dollars, and all other clients in USD.

Taxes

Canadian clients will be charged GST/ HST. R. One Creative’s H.S.T. number is 742985294

Delinquent Invoices

All invoices are payable on receipt, net 7 days. After 30 days, a late payment charge equivalent to 2% of the outstanding balance is applied to all delinquent Client invoices, without exception. If the Client remains in default after 60 days, an additional 2% of the outstanding invoice balance is applied as a late payment charge.

Delinquent Invoices

All invoices are payable on receipt, net 7 days. After 30 days, a late payment charge equivalent to 2% of the outstanding balance is applied to all delinquent Client invoices, without exception. If the Client remains in default after 60 days, an additional 2% of the outstanding invoice balance is applied as a late payment charge.

If the Client remains in default after 60 days, we will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority.

If a Client’s payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority.

Clients are responsible for all late fees and costs incurred for reporting to collections. If collection efforts are unsuccessful, we will engage the Client in litigation to collect the debt, and all copyright will remain with R1 Creative. The Client will forgo all rights to use R1 Creative designs in manner, and legal action will be taken to enforce this policy.

Abandoned Projects

A project shall be considered abandoned after 60 consecutive days have passed since the last communication received from the Client. In all abandoned projects, deposits are forfeit without option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit.

Privacy Policy

R1 Creative is committed to protecting your privacy and will conduct all business in accordance with this Privacy Policy.

Information Collection

R1 Creative’s web servers automatically recognize a visitor’s domain name and IP address. The domain name and IP address reveal nothing personal about a visitor. R1 Creative may use this information to examine web traffic and campaign performance. R1 Creative does not automatically record e-mail addresses or any personal information of its website visitors.

Sensitive Information Disclosure

Any hosting account information, FTP information, or domain registrar account information provided to R1 Creative will be kept confidential. It will be used only by R1 Creative Developers, and will be used only for the purposes of setting up a Client website, managing a Client website, providing technical support, or other purposes established in writing with R1 Creative.

Information Storage

Client websites, project file archives and account information is stored on a secure server.

Disclosure

R1 Creative uses every reasonable precaution to keep Client information secure, and will not be held responsible for breach of security or the actions of any third party that receives information. R1 Creative is not responsible for such third party privacy policies or how they treat information about their users.

Your consent to this agreement

By using the R1 Creative website and/ or engaging in business with R1 Creative, you consent to the terms specified above. R1 Creative reserves the right to modify these Terms and Conditions at any time.

This web page will reflect the latest Terms and Conditions. In the event there is a discrepancy between a digital or printed version of these Terms and Conditions and this web page, the Terms and Conditions on this web page take precedence.

In the event that a Client’s Terms and Conditions conflict with those out here, this web page shall be considered to be the authoritative one, unless a separate contract has been negotiated and signed between R1 Creative and the Client.

Please send any questions about R1 Creative Terms and Conditions to [email protected]

Updated July 2017

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