Legal Notices, Terms & Conditions
The following terms and conditions apply to services provided by VancoMedia Marketing Inc.(referred to below also as VancoMedia, us or we but also including any other trading style or name of VancoMedia Marketing Inc. to the Client (a person, company or other type of business who has requested our services verbally or in writing).
- Acceptance. Accepting a quote implies the Client will have satisfied themselves as to the terms applying and has accepted our terms and conditions in full. Any purchase of, or use of our services implies that the Client has read and accepted our terms and conditions.
- Preliminary work. All work carried out, whether experimentally or otherwise, at Client’s request, shall be charged.
- Quotations. Prices quoted are valid for 30 days only. Print and other production costs are subject to change after 30 days. VancoMedia is not bound to honour any quotation involving outside suppliers where increases in costs or calculation errors are outside VancoMedia’s control.
- Copy legibility. VancoMedia shall incur no liability for any errors arising from unclear or illegible copy supplied by the Client.
- Orders & charges. VancoMedia orders which may be submitted to the Client to confirm costs before work is carried out are not firm and final quotations. Costs quoted at this stage for design, artwork, printing and website production can only be estimated. When style, type, layout, copywriting and design concept is left to VancoMedia’s judgement, changes thereafter made by the Client shall be charged as extra. Extra time incurred by Client’s amendments will be charged extra. Every endeavour will be made to advise the Client of these charges at the time they are incurred. Additional costs may also include delivery charges, postage and any other disbursement charges.
- Delayed or cancelled work. Should work be suspended at the request of, delayed or cancelled through any default of the Client, for a period of 14 days or more, VancoMedia shall then be entitled to payment for work already carried out, materials used or specially ordered in and any other costs incurred. VancoMedia also retains the right to cancel any work being carried out at any stage of production.
- Client’s property. Client’s property and all property supplied by or on behalf of the Client will be held, worked on and carried at the Client’s risk.
- Copyright of original design work. VancoMedia holds the copyright to all design work including logos and corporate identities, brands, product name ideas and straplines (if produced by us) until full payment is received by VancoMedia. We reserve the right to display all our design/print/websites work within our printed and online portfolio.
- Copyrighted material from Client or third party. The Client retains the copyright to data, photographs, files and graphics provided by the Client, and grants VancoMedia the rights to publish and use such material. The Client MUST obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting VancoMedia permission and rights for use of the same and agrees to indemnify VancoMedia from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Supply by the Client of any data, photographs, files and graphics shall be regarded as a guarantee by the Client to VancoMedia that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Trademarks and patents. Any new brand name or product name idea suggested by VancoMedia, as well as graphic icons designed or slogans, straplines and memory hooks suggested by VancoMedia do not include Trademark or Patent searches or the registering of either of these with the relevant authorities. Clients are advised to carry out their own searches or instruct a specialist trademark or patent lawyer. VancoMedia shall not be held responsible for any brand or product name idea /graphic icons/slogans/straplines and or memory hooks suggested or designed by us which might be considered a close match, an imitation of, or similar to another brand, business name, URL (website address) or product. Clients are responsible for carrying out branding, advertising and marketing searches relating to their business when considering branded business/product names, designed logos and icons, advertising and marketing slogans, straplines and memory hooks.
- Liability. VancoMedia hereby excludes itself, its Employees and/or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of Client’s work;
Loss or damage to clients’ property, or third party’s property supplied to us by the Client, whether the loss or damage results from negligence or otherwise.The entire liability of VancoMedia to the Client in respect of any claim whatsoever or breach of these Terms and Conditions, whether or not arising out of negligence, shall be limited to the charges paid for the Services under these Terms and Conditions in respect of which the breach has arisen.
- Unpaid invoices/Accounts in arrears. All goods will remain the property of VancoMedia until invoices for work carried out have been paid in full. Accounts unpaid 14 days after the date of invoice will be considered in arrears. Any invoice queries must be notified by the Client to VancoMedia in writing within 5 days of receipt of invoice. We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to our credit terms. We reserve the right to charge the Client reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by VancoMedia in enforcing these Terms and Conditions. Where an invoice is for web related services, VancoMedia reserves the right to remove a Client’s website from the internet if accounts remain in arrears. VancoMedia is not responsible for any loss of data or revenue incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges. Cheques returned for insufficient funds will incur a return of $25 + VAT and the Client’s account will immediately be considered to be in arrears until full payment is received. Payment for services is due by cheque or bank transfer. Cheques should be made payable to VancoMedia and sent to VancoMedia, 103-850 Harbourside Dr, North Vancouver, BC V5H4T1. Bank details are included on all invoices.
- Insolvency. If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, VancoMedia shall without prejudice to other remedies(i) have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client, together with any costs incurred with third parties, such charge to be an immediate debt due to him, and(ii) in respect of all unpaid debts due from the Client have a general lien on all Client goods and property in our possession, including website design and production and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts. This will include the removal from the internet of any live websites, produced by VancoMedia or hosted through us.
- Force Majeure. VancoMedia shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, war, terrorism, fire, flood, drought, failure of power supply, lock-out, theft, strike or other action taken by employees or suppliers in contemplation or furtherance of a dispute or owing to any liability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to us elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
- Law. These conditions and all other express terms of any separate contract shall be governed and construed in accordance with the laws of Canada and the Province of British Columbia.
- Legal expenses. The Client must pay all expenses (including legal costs on a full indemnity basis) incurred by VancoMedia in enforcing these Terms and Conditions.
- General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature on a written order, or placement of order instructed verbally or by email or letter, or payment of an advance fee, constitutes agreement to and acceptance of these Terms and Conditions.
- Severability. In the event any one or more of the provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms & Conditions shall be unimpaired and the Terms and Conditions shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision.
- Indemnity. All VancoMedia services may be used for lawful purposes only. The Client agrees to indemnify VancoMedia against any claims resulting from use of our service that damages the Client or any other party.PARAGRAPHS 20 TO 28 RELATE TO WEBSITE DESIGN, DEVELOPMENT, PRODUCTION AND WEB MARKETING:
- Payment schedule. Unless agreed otherwise, all website design services require an advance payment of a minimum of thirty five (35) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty five (35) percent is required after the development stage, with the remaining thirty (30) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of artwork and production files. Payment for services is due by cheque, bank transfer or credit/debit card . Cheques should be made payable to VancoMedia and sent to VancoMedia, 103-850 Harbourside Dr, North Vancouver, BC V5H4T1. Bank details are included on all invoices.
- Design stage and approval. The Client will have an opportunity to review the appearance and content of the website during the design stage as well as once the overall website development is completed. Major changes/additions to the appearance or content at this stage may incur extra charges. At the completion of the project, design and content will be deemed to be accepted and approved unless the Client notifies VancoMedia otherwise within 14 days of the date the materials are made available to the Client.
- Timescales and supply of content. VancoMedia requires ALL content for a website to be supplied BEFORE production can begin. We will make it clear at the outset exactly what content we require the client to supply and which aspects of content we will supply. Where selection of content is left to VancoMedia’s judgement, e.g. in the use of stock photography, extra time may be charged if the Client requires changes. Please also read paragraph 5 regarding charges when style, type, layout, copywriting and design concept is left to our judgement. If your website requires Search Engine Optimisation (SEO) we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If production of a website is held up through lack of further instruction or information from the Client, we reserve the right to charge for all work carried out to date after a period of 14 days from the first day of delay, with full payment immediately due, unless a delay is specifically requested by the Client and agreed by VancoMedia. In the event that completion/approval of a website is unavoidably delayed by the Client, due to reasons beyond his/her control, on occasions we may have to accept and start other projects which may then take priority and completion of the Client’s website may be delayed even further.
- Search engine positions/traffic to website. VancoMedia cannot guarantee a particular position in the search results page of any search engine. Nor can we guarantee a particular level of traffic (number of visitors) to a website. Whilst every effort is made to advise the client of how to achieve the best results from their website, these results are not guaranteed.
- Web Browsers/Screen Sizes. VancoMedia makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers and mobile devices. We cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after a website has been designed and completed and cannot guarantee functionality with all devices such as different size laptops, tablets and mobiles. We reserve the right to charge for any work involved in changing the website design or coding for it to work with any particular browser software or device.
- Errors/omissions in content. Errors or omissions in website content that are not noticed by the Client on completion, approval and upload to the internet, will be amended if we are instructed to do so but may be charged at our normal hourly rate. See paragraph 11 regarding Liability.
- Legal requirements / third party alterations. VancoMedia cannot accept responsibility for any alterations caused or required by a third party once a website is uploaded to the internet. Such alterations include, but are not limited to, additions, modifications or deletions that may be caused by changes in the Law or by a particular industry’s ombudsman or association which require extra information to be added to websites. We reserve the right to charge for any work involved in changing the website design or coding for it to to comply with new legislation or a particular industry’s requirements.
- Design credit. VancoMedia (or any other trading name of VancoMedia) retains the right to display a design credit on the Client’s website, either in small type or as a small graphic in a discreet position which will provide a link to VancoMedia’s website. The Client also agrees that the website developed for the Client may be displayed in VancoMedia’s portfolio (including online).
- Domain names/internet services. VancoMedia may purchase domain names and arrange internet hosting, email and web marketing services on behalf of the Client. Non-payment by the Client of VancoMedia invoices for purchased domain names, including when renewal is due (usually annually) may result in the loss or cancellation of the domain and loss of continuity of internet hosting,email and web marketing services. Annual invoices relating to internet services are usually issued before renewal is due but the Client should also keep a record of the due dates for payment to ensure that payment is made in good time.PARAGRAPHS 29 to 33 RELATE TO SUPPLY OF PRINTED MATERIALS (INCLUDING SIGNAGE):
- Proofs & colours. Printed proofs of work may be submitted for the Client’s approval and we shall incur no liability for any errors not corrected by the Client on proofs so submitted. Proofs are a guide to content only and colours will vary according to a variety of factors outside VancoMedia’s control. Where colour critical projects are left to VancoMedia’s judgement, the goods may not be rejected on grounds of colour. Colours used on printed materials or online cannot be guaranteed to match colour visuals, Clients’ samples, natural products or previously printed documentation.
- Advertisements. Once artwork for an advertisement is sent to a publication, VancoMedia cannot be held responsible for inaccurate colour reproduction or poor quality reproduction and printing, as this is totally out of our control.
- Delivery. Delivery of work is not included in any quotation unless specified. Any deliveries carried out at the request of the Client shall be charged as an extra cost. VancoMedia shall not be liable for any loss or third party claims arising from delay or loss in transit.
- Return of faulty goods. Any work considered faulty in any way by the Client, once delivered, must be returned to Origin 1 within 5 working days with a letter giving reasons for rejection of the goods/work. After this time it is assumed that the Client has found the work to be acceptable. Where work is defective or rejected by the Client for any reason, including negligence, our liability shall be limited to rectifying such defect only.
- Variations in quantity. Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon margins of 10% allowance for overs or shortage; the same may be charged or deducted as necessary.
ALL of the above conditions shall be binding unless otherwise agreed in writing by VancoMedia.