Terms of Service

  1. Confidentiality (Privacy Policy)

1.1. Chix Design and Art In Canada Inc. treats all client communication, information and business details as strictly confidential. We will never trade, sell, give away, or intentionally disclose client information.

1.2 What we collect

1.2a. We may collect the following information:

  • name
  • email address
  • demographic information such as preferences and interests
  • other information relevant to customer surveys and/or offers such as business challenges

1.2b. What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or information which we think you may find interesting using the email address which you have provided.
  1. Copyrights and Trademarks

2.1 The client represents to Chix Design and Art In Canada Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Chix Design and Art In Canada Inc. for inclusion 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 Chix Design and Art In Canada Inc. from any claim or suit arising from the use of such elements furnished by the client.

  1. Estimates & Deposits

3.1. Before work will commence, a signed acceptance of the terms and conditions is required. We provide free estimates. Our fee structure ensures that clients only pay for the time it has taken to complete a task (plus any expenses such as stock photos). Chix Design and Art In Canada Inc. reserves the right to amend the original estimate should the client’s original requirements change.

3.2. For regular hourly rates and project-by-project estimates over $100, Chix Design and Art In Canada Inc. reserves the right to request payment of up to 50% before work commences. For amounts estimated to be over $200, we reserve the right to request the full estimated payment before work commences.

3.3. For new clients, Chix Design and Art In Canada Inc. reserves the right to request the full estimated amount is made in advance of work commencing.

3.4 Goods and Services Tax (GST) will be charged to all Canadian clients (only) at 5%.

  1. Charges

4.1. Clients will be given a detailed time once we have received the material required to begin the project. The balance of the project is due six weeks from the start time. All content, text and images must be in during this time frame.

4.2. Chix Design and Art In Canada Inc. standard and advanced hourly rates apply to tasks carried out at our premises. Any assignment that involves leaving the premises will be subject to a negotiable out-of-office rate.

4.3. The hourly rate of $85 per hour is billed in increments of 15 minutes, with time rounded up to the nearest quarter of an hour.

4.4. Registration of client details and initial inquiries regarding a new task (and at Chix Design and Art In Canada Inc.’s own discretion, a meeting with a new client) is complimentary. Time taken to discuss an assignment in detail or work experimentally at the client’s request will be charged at the appropriate hourly rate.

  1. Invoicing

5.1. Invoices are due in full for payment when final product is delivered to the client and before any project documents are released.

5.2. Should work be suspended or delayed through any default of the client, Chix Design and Art In Canada Inc. shall be entitled to immediate payment for the work carried out and expenses incurred.

  1. Payment

6.1. US Funds accepted.

6.2. Payments are excepted by Bank eTransfer and Cheques.

6.3 The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

7. Loss/Damage of Client Property

7.1. Chix Design and Art In Canada Inc. cannot be held responsible for any loss, damage or theft of data, projects, equipment or any items relating to an assignment, during transit to/from, or whilst at Chix Design and Art In Canada Inc.’s premises.

7.2. Due to the varied nature of Chix Design and Art In Canada Inc.’s work, it is not possible to insure clients’ property.
Clients must make copies of all data and information and insure their equipment and items for use away from their own premises prior to giving them to Chix Design and Art In Canada Inc..

8. Final proofreading and checking of all work completed by Chix Design and Art In Canada Inc. is the responsibility of the client. We must be notified of any errors within 7 days of receipt of completed work. Amendments or alterations requested by the client will be charged at the appropriate hourly rate. Errors generated by Chix Design and Art In Canada Inc. will be rectified free of charge.

9. Due to computer viruses, all incoming emails will be scanned. However, we may still not open unsolicited attachments to emails or emails that look suspicious by being from an unrecognized sender, have no subject heading or contain no message alongside an attachment.

10. Cancellation/Refund Policy – Deposits are non-refundable once the project has started or is in progress. Cancellation must be made in writing and submitted to Chix Design and/or Art In Canada Inc..

11. Security – We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Chix Design and Art In Canada Inc. is not responsible for any client data, including emails, that are lost or hacked on our server.

12. Links to other websites – Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

13. Website Hosting

13.1 Service
Chix Design and Art In Canada Inc. provides a dedicated web server that is integrated into the Internet. The use of any data or material, which the Client receives from the service provided by Chix Design and Art In Canada Inc., is at the Clients sole and absolute risk.

13.2 Use of Service
The use of this service herein has a limitation on the amount of data transfer and bandwidth, as indicated. This service is for the exclusive use of the Client, and does not extend to any other person or entity. Chix Design and Art In Canada Inc. expressly prohibits reselling on any non-reseller or dedicated server hosting plans, and will terminate any agreement which does not comply with this provision.

13.3 Backups
Chix Design and Art In Canada Inc. will utilize their best efforts to make sure your website is safe. This includes daily backups that are retained for 30 days. If the Client requires a website and/or email account to be restored to a backup version, a fee of $200 will be charged to the Client.

13.4 Warranty
Chix Design and Art In Canada Inc. will utilize its best efforts to maintain acceptable performance of the contracted services, but makes absolutely no warranties, express or implied. Nor can Chix Design and/or Art In Canada Inc. guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.

13.5 Liability
Chix Design and Art In Canada Inc. will not be liable for the inadvertent disclosure of, corruption or erasure of, data transmitted, received or stored on its system. Chix Design and/or Art In Canada Inc. shall not be liable to the Client or any of its customers for any claims or damages which may be suffered by the Client or its customers, including but not limited to losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, ability to transmit or receive information, caused by or resulting from, delays, non deliveries or service interruptions, whether or not caused by the fault or negligence of Chix Design and/or Art In Canada Inc..  It is the Client’s sole responsibility to monitor their own website and email. It is recommended that the Client visit their website at least once every 14 days to ensure that the Client’s website is functioning correctly.

13.6 Indemnification
The Client agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees against Chix Design and/or Art In Canada Inc., its agents, customers, servants, officers and employees that may arise or result from any services provided, performed, agreed to be performed or any product sold by the Client.

13.7 Domain Name
Chix Design and Art In Canada Inc. will acquire, at the request of the Client, Domain names on behalf of the Client. In such instances the Client hereby waives any and all claims which it may have against Chix Design and/or Art In Canada Inc. for any loss, damage, claim or expense arising out of, or in relation to, registration of such Domain Name. “Premium Domains” (or any similar domain designation) may be subject to additional registration and renewal fees on a per domain name basis.

13.8 Invoicing and Service Fees
Payment is due upon receipt of invoice. In the event the Client fails to pay in advance for the services provided herein or any delinquency exists in the Client’s account, Chix Design and Art In Canada Inc. reserves the right to terminate this agreement and discontinue service to the Client without liability.

13.9 Modifications
Chix Design and Art In Canada Inc. reserves the right to make changes to any of the above terms and conditions of this Agreement upon thirty (30) days written notice to the Client, advising of the changes and the effective date thereof.

For clarification or expansion on these restrictive uses and policies, email [email protected] .