TERMS & CONDITIONS
FOR WEBSITE DEVELOPMENT AND SOCIAL MEDIA
We run our business on the principle of fairness to our employees, customers, and suppliers. If there is any reason for dissatisfaction, mention it and we will do our best to resolve it in a fair way.
You agree to provide us with everything that we need to complete the project including text, images, fonts, and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback, and sign-off approval in a timely manner and are bound by any deadlines that we set together.
We have the experience and ability to perform the services you need and we will carry them out in a professional and timely manner. Gem Creatives Inc. will endeavor to meet all the deadlines set but we are not responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved my work on time at any stage. We will also maintain the confidentiality of any information that you give me.
Details of the works
We will create designs for the look, layout, and functionality of your website and other graphics-related designs. This contract includes one main design and two opportunities for you to make revisions to the final design. If you are not happy with the design at that point, we will provide you with an additional quote for the extra design work needed. If instead, you wish to cancel our agreement, you may do so and we will retain the initial payment for the work completed to date.
Design Services are charged at $80/hour, $20 minimum. An estimate can be provided, and we are willing to work within an agreed budget.
We are not responsible for writing or inputting any text copy. We will be happy to help, but significant work on our part will result in a charge above and beyond the original price. This will not be done without your approval of an additional quote provided in advance.
If needed, you will supply us with photographs either in digital or printed format. If you choose to buy stock photographs that price will be added to the initial quote. Stock photography will not be purchased without your written approval.
Changes and revisions
The estimate/quotation prices in this proposal are based on the time 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 extra pages to the website or need more variations in design jobs, or even add new functionality, that won’t be a problem. At that time you will be provided with an additional quote for the extra work.
Website Technical support
As agreed, the quote provided includes the installation and setup of your site on your server as well as the implementation of Google Analytics. Updates to, and management of that server, plus any support issues will be up to you.
We do not offer or include technical support for website hosting, email, or other services relating to website hosting. If you do require help with anything beyond the design and development of your site, we will be happy to help.
We are not 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 website and any other web pages—even if you have advised me of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you or that you have permission to use them.
When we receive your final payment, the copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them carefully as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs, and other data you provided unless someone else owns them. We own the HTML markup, CSS, and other code and We license it to you for use on only this project.
We also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles, and in books.
50% at the time of order, balance upon receipt
30-day accounts are available upon approval of the credit application. On long-term projects, monthly billings may be rendered.
Interest is accrued if payment is more than 14 days late. We reserve the right to add 5% to any outstanding balance every 7 days, starting from the 15th day after receipt of the finished product.
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.
Intellectual Property Rights
All website files hosted by Gem Creatives Inc. will be the property of the Company. The Client will have no right to these files or the migration of these files if the contract is canceled.
Any website design or template created by the Company will remain the property of the Company before, during, and after the contract. In effect, the Client will be leasing the website from the Company.
If the Client wishes to purchase the rights to a website created by the Company, this will be at the discretion of the Company.
Any intellectual property rights for add-on service design work such as logo creation or business card creation shall be passed to the Client upon completion and payment.
Any domain names purchased by the Client will be the property of the Client and will remain so even if the contract is canceled.
Any email service provided by the Company will cease to exist if the contract is canceled by either party. Access to any data related to email accounts such as emails, contacts, and appointments will be erased. The Client is responsible for taking their own backups and archives of email. The Company can not be held responsible for any loss of data.
Existing Domain Names & Email Addresses
In the event that the Client already has a Domain Name and/or Email Address setup, which are then given access to the Company to manage, the Company can not be held responsible for any downtime or loss of data during this process. This could include items such as existing emails and contacts, existing calendar appointments, and existing 3rd party websites. Upon migration, there is no guarantee that any historic emails will be available. The Clients must make the necessary arrangements to ensure a backup or archive is available to them after completing the transfer.
Domain Name Renewals
If the client has registered their own domain(s) using their own account (domain control panel), it is the client’s responsibility to manage their domain(s) and not the company. This includes any payments and renewals via the relevant domain registrar.
Domains that have been registered by the company, or domains that have been transferred to the company’s account, will be managed by the company.
Suspension of Service
The Company has the right to stop providing services or suspend services if payment is not received within 7 working days after the final reminder for payment the Company has the right to delete the website from its servers to the point that it can not be restored.
100% SATISFACTION GUARANTEE
We aim at exceeding your expectations and strive to accomplish them.
We do not stop our revisions until you are completely satisfied with your design (the number of revisions will be according to your package).
The complete order will be sent to the mentioned account on the date stated on Order Confirmation as well as a confirmation email will also be sent.
The turnaround time will be according to the package, the minimum time required is 2 business days.
In case of urgent orders, contact our customer support team.
Gem Creatives Inc. keeps the records of finalized designs so that in case of any misplaced order, you will be provided the exact file.
Our customer support is present 24/7 to answer all of your concerns and queries, our team will answer your concerns anytime and every time.
Gem Creatives Inc. will not be responsible for any communication done via any other platform than “email@example.com” or any numbers not provided by us or given on our official website.
We are not responsible for any damages caused due to other contact details not provided by us.
We take full responsibility for all the information provided through our official domains.
TERMS & CONDITIONS FOR OFFSET AND DIGITAL PRINT PRODUCT
By placing an order with Gem Creatives Inc, you agree to be bound by the following terms and conditions. Uploading files onto our website constitutes a Purchase Order and payment commitment for the job you are specifying. Approving any order through email confirmation and by placing any orders thereafter you agree to accept all terms and conditions of this agreement and create a legally binding contract with Gem Creatives Inc. for all services listed on our website and will be responsible for payment in full as outlined in this agreement. If you do not agree to these Terms and Conditions, do not use any portion of this site or send us confirmation of the order by email till you are not sure about placing an order with us.
Printing & Cutting
Most of the print items are “gang printed.” Gem Creatives Inc. will reproduce color from digital layouts as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is guaranteed to be within 85-90% of the press match proof we offer. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent.
ALL files must have a 1/8″ bleed all around. A $25 fee may be charged to create a bleed if it has not been incorporated into your files.
Critical type or images must be at least 1/4″ from the edge of the card. Gem Creatives Inc. is not responsible for type, art or images that are cut off if these guidelines are not followed. Furthermore, it is strongly suggested that you do not use a thin border around your order. This may cause an uneven frame around your card. If you desire to have a border, it should be at least 1/4″thick.
Our posted turnaround times begin ONLY after an order has been “received”. Orders are considered “received” and are put into production ONLY when the following conditions have been met:
1. An email confirmation for the order has been received or a signed purchase order has been received and an invoice has been generated by Gem Creatives Inc.
2. All files have been correctly submitted and deemed press-ready by our prepress department.
3. IF the customer has approved the Digital proof and has given the go-ahead to proceed with production either by email or calling the business phone or using WhatsApp Chat Application or by any communication method.
4. Payment information has been provided or deposit(s) have been received.
Please note that our cut-off is 1 pm EST. Production will begin the following day for orders received after this time. Although we rarely miss production schedules, the printing and pre-press process involves equipment that is subject to malfunctions and/or equipment failure. We will always do everything in our power to make sure that any production problems do not delay your job. However, please note that ALL production and delivery times ARE NOT CONTRACTUAL and no turnaround time can be guaranteed. No verbal or written correspondence by anyone at Gem Creatives Inc. can change that. Please try to plan date-sensitive materials in a timely manner.
Files are checked on a first-come first-served basis. If proof is requested, it can take up to around 24 hours before your files are checked due to the large volume of orders we receive. Proofs are meant to check for layout and content only and are not meant to check colors. We also suggest that if your job is color critical, ask us for match proof. This proof cost depends on the size of the proof, so please call Gem Creatives Inc. to know the cost. Please keep in mind that while we will try our best to match proofs, Gem Creatives Inc. DOES NOT GUARANTEE COLOR MATCHING.
Color Matching and Proof
To ensure proper color matching customers must purchase a press match proof. Customer-supplied proofs are not acceptable as they are not calibrated to our presses. Jobs without proof will be printed following generally recognized industry standards. Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and completed job shall constitute acceptable delivery. Please note that your monitor’s calibration affects what you see on your screen. The colors on the printed cards may differ from what you see on your screen. Please keep in mind that while we will try our best to match proofs, Gem Creatives Inc. DOES NOT GUARANTEE COLOR MATCHING.
In the unlikely event that an error has occurred during the production of a particular job, Gem Creatives Inc. must be promptly notified of the problem. Claims for defects, damages, or shortages must be made by the customer in writing by email or registered mail within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and an admission the customer is in full compliance with the terms, conditions, and specifications outlined herein. In the event of an error in the printing, Gem Creatives Inc. will make a determination, whether the defect is of such nature as to qualify for a discount or re-print. Our liability should be limited to reprinting of any defective order and in no case will include special or consequential charges, including expenses, rush shipping, and profits lost due to damages. This guarantee applies only to defects in workmanship or materials. It does not cover defects in the files submitted for printing. Overruns and underruns are not to exceed 10% of the order.
Unless otherwise specified (in writing at the time the order was placed), we reserve the right to use any item produced by us for print or display promotion. Unless otherwise specified (in writing at the time the order is placed).
We accept money orders, Bank Drafts, certified/bank cheques E-transfers & cash, Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. The person placing the order will be personally responsible for any outstanding debt owed. An additional $40.00 fee will be charged for return cheques to the original amount. As security for payment for any sum due or to become due under terms of any Agreement, Gem Creatives Inc. shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in Gem Creatives Inc. possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security interest and lien.
Once an order has been received and has entered the production cycle, refunds are not allowed. No partial refunds are given for work not completed.
No replacement/exchange or refund/return policy for any services we provide. If there are any discrepancies from our end, we would be happy to resolve that.
Intellectual Property Rights
Any Mockup/document/Artwork provided to the customer is the exclusive property of Gem Creatives Inc.
Use of any part or in full is prohibited and shall remain his exclusive property unless otherwise agreed in writing. Any Website Designed & Developed for customers by Gem Creatives Inc. shall remain the exclusive property of Gem Creatives Inc. unless otherwise specified in the agreement. The violators will be prosecuted as per law.
Working mechanical art, type, negatives, positives, digital files, flats, plates, and other items when supplied by Gem Creatives Inc., shall remain his exclusive property unless otherwise agreed in writing. You certify that you own the rights to use the image(s)being reproduced on your postcard. DO NOT send any “one-of-kind” transparencies, prints, or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for the loss or damage of images or artwork.
TERMS & CONDITIONS FOR SIGNS PRODUCT
The customer will assume any costs to required plans, license permits & examination fees. Gem creatives inc. Hereby warranties the said sign against any workmanship. 1 year for parts only. An extra warranty can be provided when requested.
The customer will provide proper feed wires at the location of the sign or outside the building for a wall sign with an electrical outlet or inside the wall provide the electric junction box with a switch to hook up the sign before the installation of the sign commence. If the wires are not there the customer agrees to hook up at his own expense.
Any sign sold to the customer shall remain the property of Gem Creatives Inc. Until the contract price is fully paid, although the sign is affixed to the building, Gem Creatives Inc. may remove the sign, if the contract terms are not met.
Any sign inspections or any other sign-related inspections if required by the city is the customer’s responsibility. The customer will provide insurance on this sign at their own expense
Gem Creatives Inc. will maintain fire, extended coverage, vandalism, malicious mischief, and sprinkler leakage insurance on all property belonging to the customer while such property is in the Gem Creatives Inc. possession: Gem Creatives Inc. liability for such property shall not exceed the amount recoverable from such insurance. The customer’s property of extraordinary value shall be insured through mutual agreement.
All orders placed and paid for in Ontario CANADA are subject to 13% HST. USA orders are tax-exempt. Materials printed in Canada ship duty-free to the USA under the NAFTA agreement.
Shipping & Handling
Delays, damage, or loss of packages during shipping are the sole responsibility of the carrier providing shipping services. Gem Creatives Inc. will not be held responsible for any delays, damage, or loss of packages caused during shipping. Gem Creatives Inc. will not be liable for any claims of loss of business or damages due to shipping delays or damage. Each carrier has limited damage liabilities normally at a maximum claim of $100 per shipment. All orders are only shipped once payment has been received.
Shipping Estimates provided at the time of quote request may not be accurate and are for estimation purposes only. While we make our best effort to ensure these estimates are accurate, sometimes the actual shipping price may be more or less than the estimated price while placing the actual order. The actual shipping price will be calculated after the order is approved.
The customer shall indemnify and hold harmless Gem Creatives Inc. from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all matters of claims, demands, actions, and proceedings that may be instituted against the Gem Creatives Inc. on grounds alleging that the said printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person’s right to privacy or other personal rights, except to the extent that the Gem Creatives Inc. contributed to the matter. The customer agrees, at the customer’s own expense, to promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against the Gem Creatives, provided that the Gem Creatives Inc. shall promptly notify the customer with respect thereto, and provided further that the Gem Creatives Inc. shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
Orders for pick-up
It is agreed that all orders that remain in our facility for greater than 3 weeks will be shipped to the client, at their expense. All balances and reasonable shipping and handling costs will be applied to your invoice. It is also agreed that there will be no refunds or exchanges for all said products, regardless of circumstances and an uploaded file or emailed artwork sent by the customer is considered a purchase order and is non-reversible.