Terms of Service Agreement. By purchasing any product or service from Galliard or BandMark Studios (MRP INDUSTRY INC. companies) the client is agreeing to the terms of service agreement as expressed below. These policies have been put into place to protect both the client and Galliard/BandMark Studios.
Authorization. The client is engaging Galliard Studios as an independent contractor for the project discussed. The client hereby authorizes Galliard Studios with full access to all necessary materials, accounts, resources and programs for project completion. Galliard Studios will not share, trade , distribute or sell this information, nor are they to be held responsible for any damage, loss of data, or compromises to online accounts.
Assignment of Project. Galliard Studios reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Galliard studios, will incur the fees of additional subcontractors which may exceed client budget which goes beyond original invoiced amount. At no point in time does this mean that the client is in a position to negotiate directly with Galliard suppliers or make human resource decisions.
Cancellation and Termination. Either party may cancel and terminate the project at any time for any reason, in such event all work will stop immediately and all payments made prior shall be retained by Galliard Studios. All liable expenses already incurred by Galliard Studios or those Galliard Studios is liable to pay shall be paid by the client in full. If cancellation and termination is done on the part of Galliard Studios or occurs prior to the design approval no cancellation fee will apply. However if the cancellation and termination is done on the part of the client after design approval the client will be liable to pay 75% of the remaining project balance. In the event of cancellation and termination, Galliard Studios retains ownership of all copyright and any original artwork.
Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, design, trademarks or other artwork furnished to Galliard Studios for inclusion in the project are owned by the client or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Galliard Studios and it’s subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the client. It is the Client’s responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark. Learn more at: www.uspto.gov
Communication. All communication will be done through email and phone during our business hours (Monday-Friday 9:00 am – 5:00 pm. Closed Holidays). If you do not receive a reply from us within 72 business hours please send your email again as we may not have gotten it the first time. During the design process please check your email often and respond to ALL questions and requests as soon as possible. If we do not receive a response from you for 14 consecutive days your project can be dropped and your payment will be forfeited. Galliard internal staff is required to respond to emails within a 24 hour period to avoid delays with your project and ensure prompt delivery. Never is a client to email one of our staff members via their personal email account or social media account and vise-versa. Once a project is completed or finalized there is to be no communication from a Galliard employee be it part or full time and a Galliard or Galliard partner client. (partners are Widtech, BandMark, iloc8, MRP INDUSTRY INC.) All communications during a project are via @galliard.ca emails only.
Completion Date/Turnaround Time. After supplying Galliard Studios with all necessary information, payments and materials, each client will be given a starting date and turnaround to first draft/proof based on our availability. Galliard Studios will send additional drafts within 5-10 business days after receiving clients draft reviews and comments. If the client does not supply Galliard Studios with a draft review within 14 consecutive days the client may choose to cancel and terminate this agreement or postpone the project for up to 6 months. If postponed the client must pay an additional holding fee of 10% of the total project price per month. If after the 6 months the client still hasn’t supplied Galliard Studios with the necessary materials Galliard Studios will terminate the project. Installation and file hand-off, as applicable, will be completed within 5 business days after any remaining balance is paid and the final draft is approved by client.
Goals. Goals and KPI (key performance indicators) are set for each marketing project. It is impossible for us to gurantee these goals, but we work very hard to reach or exceed them. We are not responsible for spikes or dips in traffic or sales, buzz or leads that are not linked to the work we’ve done. We track all our social media marketing and provide clients with reports as needed.
Clients Alterations and Technical Support. There shall be no charges to the client for revisions or corrections or additions made necessary be errors on the part of Galliard Studios. Any changes requested by the client before the approval of the final design are considered Round 1. The length of the list needs to be approved by Galliard and all changes must be submitted at the same time per round. 2 rough designs are provided if needed at our cost. If you need a 3rd and 4th, this is round 2 mock-up, billed at $100 for both. If Galliard feels the list needs to be shortened to be considered fair in the un-billed first round, a client must agree to shorten list or agree to incur a round 2 bill of changes. Round 2 is set at 3 changes or alterations which do not require a layout re-design or complete re-programming of web code If more Rounds are needed a charge of $100 per major revision round (6+) and $50 per minor revision round (1-5) will apply. Changes requested by the client after design approval and before or after project completion shall be considered client’s alterations and will be charged an hourly rate of $30 (which is half the regular rate of $60).. If the client wishes to modify or enhance the site beyond minor changes, Galliard Studios shall be given first option to perform such modifications and enhancements. In such cases a new estimate will be written up. Galliard reserves this right for 24 months to preserve the authenticity of its portfolio.
Project Copyright. The client will obtain copyright of the final logo and illustration reversion upon receiving the files. All other copyright remains with Galliard Studios. Galliard Studios may display completed projects in design portfolios. Client is not allowed, for any reason, to alter, change, duplicate, redistribute or resell any information, draft, image, graphic, design, template, layout or code Galliard Studios provides client with for clients personal or business use. Please do not create or hire another designer, outside of Galliard Studios, to create something with, based on or similar to our designs as we value our final product and do not wish it to be tampered with without our approval first.
Downtime and Hosting. Most images will be hosted using the space provided through the clients blog platform or web host. We are not responsible for any error or downtime associated with this space. When applicable client’s images and files will be hosted through our hosting provider. We are not responsible for any error or downtime on their part, but should it occur client is advised to please wait it out. If client’s images and files are not up and viewable within 4 hours they may contact us for an overview on the issue and an estimated time of it’s solution. If desired client may provide us with a replacement hosting provider (site and login info) to which we will switch said images and files over to. In such event the client will be given full control of the new location but the copyright will continue to remain with us. There are standard hosting fees associated with the hosting of your content. They are always indicated on your invoice and are assigned based on weight of content and duration of hosting engagement.
Payments. Payments for services provided hereby shall be in accordance with the conditions contained in these terms. Galliard Studios will accept payments made with Certified checks, cash, and Paypal. All orders under $500 must be paid upfront in full before project can begin. All orders over $500 may be paid for in two parts: 50% upfront, 50% before installation or file hand-off. For orders in case collection proves necessary, the client agrees to pay all fees (including all attorney fees and court costs) incurred by that process. The client agrees that for purposes of venue, this agreement was entered into Montreal, Quebec, and any dispute will be litigated or arbitrated in Montreal,Quebec and the client hereby consents to the personal jurisdiction of the Quebec and federal Canadian courts. Furthermore, the client waives any right to claim of sovereign immunity.
Retainers. A supplier who is on a retainer will get wired their monthly installment, provided all the mandates due have been finalized and files have been sent off. A retainer reflects a cap on a set # of monthly hours at a bulk discount but if the cap of hours has not been reached, the supplier can bill their typical rate.
Credit Line. At the bottom of each production web page or other, Galliard Studios will include a small credit line. This credit line is to be no bigger than a standard Avatar logo and will link to http://Galliard.ca and will be written as follows: “Web (or blog)Design by Galliard Studios”. This credit line, including text and link must remain intact, clearly viewable and unaltered. On blog design projects a button will also be installed on client’s sidebar. If you wish to remove this credit, which helps validate our work and creates positive traffic for us, this will cost you 10% of your total budget spent yearly and billed annually.
Legal Notice. The entire risk as to the quality and performance of the completed project is with the client. Galliard Studios does not warrant that the functions contained in the project will meet the clients requirements or expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. All web sites at time of completion will be compatible with the latest versions of Internet Explorer, Mozilla Firefox, Google Chrome and Safari. Galliard Studios is not be held responsible for any functionality or design errors that may occur with the use of any other browser. Galliard Studios is not to be held responsible for the function of the favorite icon, load times, or any other errors occurring due to reasons beyond Galliard Studios’ control. In no event will Galliard Studios be liable to the client or any third-party for and damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate the project, failure of any services provides, of any telecommunication carrier, of the internet backbone, of any internet servers, your or your sites visitor’s computers or internet software, even if Galliard Studios has been advised of the possibility of such damages. If any provision shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed serviceable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of Galliard Studios. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, Hateful slander, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold Galliard Studios harmless from any claim resulting from the client’s publication of material or use of those materials. It is also understood that Galliard Studios will not publish information over the Internet which may be used by another party to harm another.
Indemnification. Client agrees that it shall defend, indemnify, save and hold Galliard Studios harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Galliard Studio’s involvement in the client’s project. This includes Liabilities asserted against the Developer, it’s subcontractors, it’s agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless Galliard Studios against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Electronic Commerce Laws. The client agree that the client is solely responsible for complying to any government laws lees, taxes and tariffs affecting internet electronic commerce, and will hold harmless protect and defend Galliard Studios and it’s subcontractors from any claim, suit, penalty, tax or tariff arising from the clients exercise of internet electronic commerce.