Logo Design

Concepts: Within 7 business days of receiving your company information and deposit, TOUCAN DESIGN, INC. will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, TOUCAN DESIGN, INC. will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at TOUCAN DESIGN, INC.’s current hourly rate.

File Delivery: After the final logo design is approved, the logo design to you as a digital file (.jpg, .pdf, and .eps graphics file formats).

Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. TOUCAN DESIGN, INC. retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives TOUCAN DESIGN, INC. permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business-related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Payment: In return for logo design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The client understands that the final logo design belongs to TOUCAN DESIGN, INC. until paid in full. In the event of termination of this Agreement, TOUCAN DESIGN, INC. owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, TOUCAN DESIGN, INC. owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that TOUCAN DESIGN, INC. reserves the right to display the logo for business promotional use.

Originality: TOUCAN DESIGN, INC. affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.

Delays: Illness, injury, or other events beyond TOUCAN DESIGN, INC.’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, TOUCAN DESIGN, INC. fails to complete the Logo within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, TOUCAN DESIGN, INC. shall retain the deposit.

Performance Liability: TOUCAN DESIGN, INC. does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will TOUCAN DESIGN, INC. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if TOUCAN DESIGN, INC. has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Print Design

Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards, presentation displays and other marketing collateral for profit or non-profit purposes.

Concepts: Within 7 business days of receiving your company information and deposit, TOUCAN DESIGN, INC. will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost.  Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at TOUCAN DESIGN, INC.’s current hourly rate.

Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. TOUCAN DESIGN, INC. retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives TOUCAN DESIGN, INC. permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. “The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. The client understands that the final design belongs to TOUCAN DESIGN, INC. until paid in full. In the event of termination of this Agreement, TOUCAN DESIGN, INC. owns the design and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, TOUCAN DESIGN, INC. owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that TOUCAN DESIGN, INC. reserves the right to display the logo for business promotional use. TOUCAN DESIGN, INC. endeavors to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorate payment based upon the time spent.

If the work time exceeds 4 calendar weeks in duration, “The Client”agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.

Originality: TOUCAN DESIGN, INC. affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement. 

Stock Photography:TOUCAN DESIGN, INC. agrees to provide up to 5 stock photos during the web design process. Any photos acquired by TOUCAN DESIGN, INC. for inclusion in the client’s website remain the property of TOUCAN DESIGN, INC. and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.

Delays: Illness, injury, or other events beyond TOUCAN DESIGN, INC.’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, TOUCAN DESIGN, INC. fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, TOUCAN DESIGN, INC. shall retain the deposit.

Performance Liability: TOUCAN DESIGN, INC. does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will TOUCAN DESIGN, INC. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if TOUCAN DESIGN, INC. has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Web Design

Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes TOUCAN DESIGN, INC. to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.

Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement. Signed contracts must be accompanied with a deposit payment to begin work.

Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.

Stock Photography:TOUCAN DESIGN, INC. agrees to provide up to 5 stock photos during the web design process. Any photos acquired by TOUCAN DESIGN, INC. for inclusion in the client’s website remain the property of TOUCAN DESIGN, INC. and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.

Web Browsers: TOUCAN DESIGN, INC. will verify the design and functionality of all websites on the following internet browsers: Internet Explorer 6 and 7, current versions of Firefox, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at TOUCAN DESIGN, INC.’s current hourly rate.

Completion Date: TOUCAN DESIGN, INC. agrees to complete website projects within a timeframe agreed upon with the client.

Delays: Illness, injury, or other events beyond TOUCAN DESIGN, INC.’s control, such as: fire, theft, computer failure, and Acts of God, failure of client communication, un-returned requests may result in a delay of unpredictable length.

Payment: A 50% deposit is required with acceptance of any contract before any work begins and the remaining payment when final  design is approved but before it is delivered or installed. Returned checks will results in a return-check fee of $30.00. The client understands that the final website design belongs to TOUCAN DESIGN, INC. until all invoices are paid in full. In the event of termination of this Agreement, TOUCAN DESIGN, INC. owns the website design and has the right to complete, exhibit, and/or sell the website design (not including business name).  Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and that TOUCAN DESIGN, INC. reserves the right to display the website for business promotional use.

Delinquency: TOUCAN DESIGN, INC. reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.

Performance Liability: TOUCAN DESIGN, INC. does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will TOUCAN DESIGN, INC. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if TOUCAN DESIGN, INC. has been advised of the possibility of such damages.

Copyrights and Trademarks: The client represents to TOUCAN DESIGN, INC. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TOUCAN DESIGN, INC. for inclusion in web pages 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, and defend TOUCAN DESIGN, INC. from any claim or suit arising from the use of such elements furnished by the client.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.

Annual WordPress Maintenance Contract Terms and Conditions

This agreement (the “Agreement”) is entered into on the date of acceptance by the Client (“Client”) and Toucan Design, Inc. (“Agency”).

1. Purpose. The purpose of this Agreement is to retain the services of the Agency for the provision of annual WordPress maintenance services (the “Services”) for the Client’s website as described in Exhibit A attached hereto.

2. Term. The term of this Agreement shall commence on the date of acceptance and shall continue for one (1) year unless earlier terminated as provided in Section 5 below.

3. Services. The Agency agrees to perform the Services described in Exhibit A in a professional and timely manner. The Client acknowledges that the Agency may subcontract any portion of the Services to third-party service providers, but the Agency shall remain fully responsible for the performance of the Services and shall ensure that any subcontractors perform the Services in accordance with the terms of this Agreement.

4. Payment. The Client shall pay the Agency the fee set forth in Exhibit A, which shall be due and payable in accordance with the payment schedule set forth in Exhibit A. The Agency may terminate this Agreement if the Client fails to make any payment when due.

5. Termination. Either party may choose to end this Agreement with written notice given one (1) month before the intended termination date. Upon termination, the Client will be responsible for paying the Agency for all Services rendered up until the termination date, which will be billed at the non-discounted normal agency rate of $100.00 an hour for normal services and $150.00 for emergency or rush services. The Agency will also conduct an audit, at the Client’s expense, of the used portion of the contract to determine the amount of time spent by the Agency prior to termination. This audit will be limited to one hour and will be charged at the normal agency rate of $100.00 per hour against the unused contracted time.

6. Emergency Services. The Agency shall provide emergency services (such as hosting  issues, change in DNS, setting A Records, website crashes or security breaches) to the Client, but the Client acknowledges that such services may be subject to rush charges at $150.00 per hour and billed seperatley as outside the contract’s scope.

7. Confidentiality. The parties agree to keep confidential all non-public information disclosed by the other party during the term of this Agreement and for a period of three (3) years after termination of this Agreement. The parties agree to use the confidential information solely for the purpose of performing their obligations under this Agreement.

8. Warranty. The Agency represents and warrants that it has the right to enter into this Agreement and that it has the expertise and resources to perform the Services in accordance with the terms of this Agreement.

9. Limitation of Liability. IN NO EVENT SHALL THE AGENCY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, OR BUSINESS INTERRUPTION, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification. The Client shall indemnify and hold harmless the Agency and its employees, agents, and subcontractors from any and all claims, damages, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Services performed under this Agreement.

11. Governing Law. This Agreement shall be governed by the laws of the State of [State].

12. Dispute Resolution. Any dispute arising under or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of the American Arbitration Association.

13. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements, whether written or oral, relating to the subject matter of this Agreement.