Studio Lake will always do their best to fulfil your needs and meet your goals, but it is best to have these Terms and Conditions written down so that we both know what is what, who should do what and what happens if things go wrong.
We have done our best to keep our Terms and Conditions readable and understandable for our clients. Please read them carefully. If you have any questions, don’t hesitate to get in touch at firstname.lastname@example.org.
If you decide to work with Studio Lake, the below Terms and Conditions apply to any and all of our services. These Terms stay in place and need not be renewed.
What do both parties agree to do?
As our client, you have the power and ability to enter into this agreement on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format and timely manner that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too.
1. General Terms
1.1 Project Details
The project details including deliverables and fees are outlined in our estimate provided to you. These Terms and Conditions apply to all services provided in our estimates.
1.2 Changes and revisions
Each phase of the project has a minimum of three rounds of revisions included unless otherwise noted in our estimate. If at any point you need more than three rounds of revisions, these revisions will be made at our reduced hourly rate of $ 125.00 per hour.
After our estimate has been approved, Studio Lake will provide a timeline. As our Client, you acknowledge and agree that Studio Lake’s ability to meet any and all schedules is entirely dependent upon your obligations to provide us with the materials and written approvals and/or instructions in a timely matter. Any such delay caused by the Client shall not constitute a breach of any term in this agreement.
If a project is delayed past its original due date, we will invoice for services upon final date; even if payment terms say otherwise.
1.4 Additional services
The estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we will need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add services, deliverables or extra pages templates/functionality to your website, that won’t be a problem. We ask of you as our Client to put these requests in writing. We will charge our reduced hourly rate of $125.00 per hour for additional services.
Studio Lake is not responsible for any and all content creation; this includes but is not limited to copywriting and imagery. If a website is part of the scope, we are also not responsible for adding the content to your website. If you want Studio Lake to write new content or input content for you, we can provide a separate estimate for that service.
1.6 Error-Free content
We are not responsible for any errors in your content. It is the Client’s responsibility to proof-read and check all the content before it goes to print or when it is published on the website.
1.7 Technical support for websites
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. If you need help setting up hosting, we can set-up an account for you at one of our preferred hosting providers.
1.8 Website Warranty
We provide a one-month warranty on our developed websites. This means that within one month after the official launch date, we will fix errors at no extra cost. If errors occur after this one-month period, we charge our reduced hourly rate of $125.00 per hour to resolve such errors.
All Confidential Information disclosed to Studio Lake will be used solely for the Business Purpose and for no other purpose whatsoever. Studio Lake agrees to keep your information confidential and to protect the confidentiality of such information with the same degree of care with which it protects the confidentiality of its own confidential information, but in no event with less than a reasonable degree of care.
2.1 Client Content
All your content remains yours. You provide Studio Lake a nonexclusive, nontransferable license to use, reproduce, modify, display and publish your content solely in connection with Studio Lake’s performance of the services and limited promotional uses of the sketches and deliverables as authorised in our estimate.
2.2 Preliminary Works
Studio Lake retains all rights in and to all Preliminary Works. This includes all concepts and sketches.
2.3 Designer Tools
All designer tools are and shall remain the exclusive property of Studio Lake. By designer tools, we mean all design tools developed and/or utilised by Studio Lake in performing the services for our clients. This includes software files (included but not limited to INDD, EPS, PSD file types), source code, type licenses, applications and other tools to create the final artwork. As our client, you may not directly or indirectly, in any form or manner, decompile, reverse engineer, create derivative works or otherwise disassemble or modify any designer tools comprising any software or technology of Studio Lake. Unless otherwise agreed upon in the provided estimate.
2.4 License of Use
Upon completion of the Services as outlined in our estimate, and expressly subject to full payment of all fees, costs and expenses due, Studio Lake grants to you, the client, the exclusive, perpetual and worldwide right and license to use and display the final art in accordance with the various terms and conditions of this agreement. The rights granted to you are for usage of the final art in its original form only. You may not adapt, crop, distort, manipulate, reconfigure, mimic, create derivative works or extract portions or in any other manner, alter the final art.
You will have the rights to use and display the final art that we create for you for this project. We will give you a copy of all final files and you should store them safely as we are not required to keep them or provide any native source files used in making them.
2.5 Alterations of files
You have the right to use our final art but you cannot alter any of the files provided, including the logos, illustrations, and other visual elements. By altering, we mean you may not crop, distort, manipulate, reconfigure, mimic, create derivative works or extract portions or in any other manner, alter the final art, unless otherwise agreed upon.
Studio Lake has the right to use sketches and final art for promotional purposes.
3. Complaints and Termination
If at any stage you are not happy with the direction our work is taking, you shall give Studio Lake written notice detailing the nature of Studio Lake’s fault and possible remedies, whereupon Studio Lake shall have a reasonable period of time (but in no event less than 30 days) to cure such fault.
3.2 Termination Conditions
If you wish to terminate the contract, for whichever reason, Studio Lake shall be compensated for the Services performed through the date of termination in the amount of a prorated portion of the fees due at a minimum of 50% of the total fee agreed upon in the estimate or the hourly fees for the work performed by Studio Lake as of the date of termination, whichever is greater; and the Client shall pay all expenses, fees, out of pockets together with any additional costs incurred through and up to, the date of cancellation.
3.3 Termination by Studio Lake
Responsibilities work both ways; if at any point you as a client delay the work for a cumulative period of more than 30 days, without Studio Lake’s fault or written consent; or if you breach any of its material responsibilities or obligations under this agreement, this shall be considered a termination of this agreement by client. In this case, the termination conditions apply as well.
Studio Lake does not provide refunds, in any case.
3.5 Rights to Art Work
Upon cancellation, all rights of all work revert to Studio Lake.
4.1 Payment Terms
You hereby agree to the payment schedule as outlined in our estimate. We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Upon project commencement, we require a non-refundable deposit as outlined in the estimate. We will start working on the project as soon as the deposit has been received. All other invoices are payable within 14 days of receipt.
4.2 Overdue Balances
A monthly service charge of 1.5% is payable on all overdue balances. You shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Studio Lake reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.
4.3 International Payment Options
Our International clients can pay by Wire Transfer, PayPal or Credit Card. For payments by PayPal and/or Credit Cards we charge a 3.5% service fee.
We are currently located in the Canada, therefore our estimates are in Canadian Dollars. If you need an invoice in any other currency, please get in touch at email@example.com.
All payments are non-refundable.
5. Limitation of liability
We can’t guarantee that the functions contained in any web page templates or in a completed web site or a finalised printed product will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
You, as our Client, will not hold Studio Lake or its employees liable for any incidental or consequential damages that arise from Studio Lake’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentionally or by negligent acts or omissions of Studio Lake, any client representatives or employees, or a third party.
You cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
6. Applicable Law
This contract is a legal document under exclusive jurisdiction of Canadian courts.