Terms and Conditions

These Standard Terms and Conditions provide the basis for a good working relationship between IJMdesigns Services (“IJMdesigns”) and you (the “Client”). These terms form an integral part of the agreement between IJMdesigns and the Client.

COPYRIGHT AND OWNERSHIP

  1. Except for the retained rights described in the paragraph below, all services provided and all materials IJMdesigns produces on your behalf will become your property upon full payment of our invoices.

  2. IJMdesings retains the right to:

    1. use work produced for the Client as part of its portfolio materials in both its online and offline portfolios;

    2. add your firm to our client list; and

    3. use your work in design competitions, publications, exhibitions, or other promotional purposes.

  3. Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 30 days of submission to you, will remain IJMdesigns property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, website) 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.

AUTHORITY

  1. The Client and IJMdesigns each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and IJMdesigns, and enforceable in accordance with its terms.

ASSIGNMENT

  1. Neither the Client nor IJMdesigns may assign or transfer their interest in this agreement without the written consent of the other.

TIMELINES

  1. Schedules or time estimates are subject to change upon notification in writing by either party. 

FEES & ALTERATIONS

  1. Any revisions, additions, or alterations to the project modifying the terms of the agreement as the 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, upon delivery and expectance of final project you have 7 days to communicate any errors other wise any additional time spent outside of the 7 day time frame will be billable hours. 

RUSHED OR PROLONGED WORK

  1. 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 IJMdesigns hourly rate.

CLIENT APPROVAL

  1. The Client will appoint a single representative of the Client with full authority to provide necessary information required by IJMdesigns and to provide approvals.

  2. The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and design is released. Corrections, if required, will be identified on proofs, artwork, facsimiles, or digital proofs and submitted for IJMdesigns to revise and resubmit for client approval. Final approval is required on every project and must be marked “Approved” with the name or initials of the individual who is authorized by the Client to approve artwork for release and production.

  3. Email authorization from you will constitute authorization and approval to carry out work defined in the Marketing Services.

QUALITY OF SOURCE MATERIALS PROVIDED BY THE CLIENT

  1. 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.

Website PAYMENT SCHEDULE

  1. Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:

    1. 50% deposit upon acceptance

    2. 50% balance due upon delivery of the final design

TERMINATION

  1. This agreement may be terminated in writing if either the Client or IJMdesigns commits a breach and fails to remedy the breach within 14 days of receiving written notification from the other party specifying the breach and requiring its remedy.

  2. This agreement may be terminated by any reason by either IJMdesign, if a written notification is provided within 30 days.

  3. On termination of this project, or any part of it, for any reason, the Client will pay IJMdesigns for the work completed to date, along with all expenses incurred on the project. 

  4. In the event of termination, IJMdesigns will retain all copyright.

INDEMNITY

  1. The Client will provide accurate and complete information and materials to IJMdesigns, 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 IJMdesigns to use them for the project.

  2. We will use our reasonable best efforts to guard against any loss to you caused by the failure of media, 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.

  3. IJMdesigns is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by IJmdesigns for errors or damages resulting from such errors.

  4. IJMdesings will not be responsible for delays in delivery caused by acts of God, strikes, fires, floods, or any other similar circumstances beyond IJMdesigns control.

  5. You agree to indemnify IJMdesigns, its employees, contractors and agents against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to IJMdesigns by you or in relation to the use by you, or anyone else, of materials produced by IJMdesigns at your request.

  6. All indemnification obligations shall survive the termination of our services or the termination or expiration. 

Refund 

Web design projects require extensive resources, consumes our time and incurs internal expenses. Therefore once a payment or deposit is made, it is non-refundable. Payments for custom design projects (i.e. custom full website designs, individual page mockups and smaller design components within a website, etc.) are made to us in increments as a courtesy to the client as well for those who agree to pay in full, but if a project gets cancelled, delayed or postponed by the client, then all monies paid will be retained by IJMdesigns and if applicable, an additional cost will be charged to the client for all work completed beyond what was already paid for shall be paid by the client. All projects that are completed as defined as the scope of the work are non-refundable.