Bl3nd Design Legal, Terms + Conditions

At Bl3nd Design, we prioritize professionalism, transparency, and mutual respect. As a client-centered friendly local graphic design agency services company based in Abbotsford Fraser Valley British Columbia Canada, we believe in fostering clear communication and setting clear expectations to ensure successful partnerships. Our legal framework is designed to protect both the agency and our clients by outlining our operational, financial, and intellectual property policies in detail.

This document explains how we work, how we handle payments, what is included in our services, and what our clients can expect from us. It also sets boundaries to protect our agency’s creative process, intellectual property, and legal standing while maintaining fairness and trust with our clients.

Introduction and Core Philosophy

Bl3nd Design delivers high-quality design solutions aligned with your business objectives. To achieve this, it is essential that design decisions are grounded in objective frameworks such as a business plan, market research, and audience analysis. While we respect personal preferences, subjective opinions that deviate from business goals or market needs may not be feasible to incorporate effectively.

We begin every client relationship with a discovery meeting to set clear expectations and ensure alignment. During this session, we:

  • Review your business goals, target audience, and market positioning.
  • Assess your decision-making frameworks to ensure they align with the needs of your project.
  • Determine if you are prepared for a collaborative and professional design process.
  • Clarify the scope of work, potential deliverables, and the strategic approach for your project.

We reserve the right to decline projects where objectives or decision-making processes are unclear, as this could undermine the success of the collaboration.

Terms and Conditions

Our terms and conditions ensure that both parties are aligned and that the scope of work, payment terms, and expectations are clear from the outset. This framework protects Bl3nd Design’s resources while ensuring clients receive consistent, high-quality service.

Payment Terms

To initiate any project, we require a financial commitment from the client. This ensures resources are allocated appropriately and the timeline can be maintained.

  • A 50% deposit is mandatory to begin work, securing project scheduling and resources.
  • Monthly payment plans can be arranged to help clients manage costs, with clear agreements outlining installment schedules. However, the initial deposit is always required before work begins.
  • Clients opting to pay 100% of the project cost upfront are eligible for a discount, calculated based on the scope and complexity of the project.
  • All prices are exclusive of applicable taxes, which will be calculated and added to invoices according to Canadian tax regulations.
  • Payments must be made within the agreed terms. Late payments incur a penalty of 5% of the outstanding balance per week, up to a maximum of 20%. Unresolved balances may result in service suspension or escalation to our legal team.

Project Timelines

Timelines are critical to delivering high-quality results efficiently. Both parties must adhere to agreed schedules to ensure smooth project execution.

  • Timelines are jointly agreed upon during onboarding and documented in the contract.
  • Clients must provide timely feedback and deliverables as required to maintain project schedules.
  • Delays caused by the client, such as late feedback or missing materials, may result in:
    • Timeline extensions.
    • Additional fees billed at hourly agency rate.
  • If a client is non-responsive for 10 consecutive business days, the project will be deemed complete. Deliverables at that stage will be finalized, and further requests will be billed as new work.
  • The agency is not liable for delays or failure to deliver services due to circumstances beyond its control, including but not limited to natural disasters, government actions, pandemics, power outages, or other emergencies. Both the client and Bl3nd Design agree that such events will not constitute a breach of contract. Clients will be promptly notified of delays, and adjustments to timelines and deliverables will be made, as necessary in the advent of a force majeure situation.

Scope, Revisions, and Scope Creep

Defining and maintaining the project scope is vital for ensuring smooth execution and fair use of resources. Scope creep, or the uncontrolled expansion of project parameters, poses significant challenges to timelines and budgets.

  • The project scope, including deliverables, timelines, and associated costs, is clearly defined and agreed upon before work begins.
  • Clients are entitled to three rounds of revisions to refine deliverables within the agreed scope. Revisions must be requested within the established timelines to avoid project delays.
  • A ‘revision’ refers to minor adjustments that do not alter the overall concept or scope of the deliverable. ‘Significant alterations’ involve substantial changes that modify the original design direction and may be subject to additional fees.
  • Revisions beyond the included rounds will be billed at the hourly agency rate with a one-hour minimum charge.
  • Scope creep includes:
    • Requests for additional deliverables or features not included in the original agreement.
    • Significant changes to finalized designs requiring extensive rework.
    • New concepts or requirements introduced mid-project.
  • All changes beyond the agreed scope require a formal change order, including an evaluation of additional costs and timeline adjustments. Work will not proceed until both parties agree in writing.
  • Revisions must be requested within 10 business days of receiving deliverables. Requests made beyond this timeframe will be billed as new work at the agency’s hourly rate.

Ownership and Licensing

Ownership and licensing terms protect the intellectual property of both the client and Bl3nd Design. These terms clarify rights and responsibilities regarding final deliverables and supporting assets.

  • Ownership of final deliverables transfers to the client upon receipt of full payment. Deliverables include only the files and assets explicitly outlined in the project agreement.
  • The client is granted [exclusive/non-exclusive] rights to use the final deliverables for [specific purposes, e.g., marketing, internal use]. Any use beyond this scope requires prior written consent from Bl3nd Design.
  • Preliminary work, drafts, and unused concepts remain the intellectual property of Bl3nd Design.
  • Clients are responsible for securing any necessary licenses for third-party assets, such as fonts or stock images, unless otherwise agreed upon.
  • Clients are solely responsible for ensuring that all content provided to Bl3nd Design, including text, images, logos, and other assets, are accurate, legally compliant, and free of third-party claims. Bl3nd Design is not liable for any legal disputes, damages, or claims arising from the use of client-provided content.
  • Bl3nd Design is not responsible for the functionality, reliability, or policies of third-party services or tools integrated into the project (e.g., hosting platforms, plugins, or email providers). Clients are responsible for maintaining third-party accounts and complying with their terms of service and licensing agreements.
  • Bl3nd Design reserves the right to showcase completed projects in portfolios and promotional materials unless restricted by a non-disclosure agreement.
  • Final deliverables are provided for the client’s use as outlined in the project agreement. Any modifications, repurposing, or resale of the deliverables must comply with applicable copyright laws and be approved by our agency. Bl3nd Design is not liable for issues arising from unauthorized use or alterations.

Cancellation and Refunds

Canceling a project mid-process disrupts workflows and resource planning. Our cancellation policies ensure fair compensation for work performed.

  • Deposits are non-refundable once work has begun, as they secure time and resources allocated to the project.
  • Clients canceling mid-project will be billed for all work completed up to the cancellation date, including any out-of-scope work and hours agreed upon during the project.
  • Brand kits are allocated roughly 20 hours of direct design time, outside of that additional costs may be levied at our agency hourly rate.
  • Bl3nd Design reserves the right to terminate a project if the client violates the terms of this agreement, fails to make payments, or engages in unprofessional conduct. Clients will receive written notice, and any work completed up to the termination date will be billed accordingly. Deliverables created up to that point may be provided at the agency’s discretion.

Privacy and Data Use

Bl3nd Design is committed to protecting client data and maintaining confidentiality throughout the project lifecycle.

  • Only essential information is collected, such as contact details, project briefs, and billing information.
  • Client data is securely stored and used exclusively for communication, billing, and deliverables. It will not be shared or sold under any circumstances.
  • Clients can request access to project-related data. Retrieval of archived files after three months incurs a fee.
  • Both Bl3nd Design and the client agree to maintain the confidentiality of all proprietary information shared during the project. This includes, but is not limited to, business strategies, design concepts, and personal data. Disclosure to third parties is prohibited without prior written consent, except as required by law.
  • Bl3nd Design and the client agree to maintain the confidentiality of all proprietary, sensitive, or project-related information shared during the course of the project. Confidential information will not be disclosed to third parties without written consent, except as required by law.
  • Bl3nd Design and the client agree that any proprietary information, designs, or concepts shared during the pre-contract phase will also remain confidential and may not be disclosed to third parties without prior written consent.

Financial Policies

Our financial policies are designed to ensure transparency and fairness in how projects are billed and managed.

  • Invoices are itemized and include all applicable costs, taxes, fees, and timelines.
  • Payments are due within 72 hours of invoice receipt unless otherwise agreed upon in writing.
  • Completed files are stored for three months post-project completion. Extended storage is available for $150/year, with retrieval fees of $75–$150 depending on volume.

Website Design and Hosting Policies

Bl3nd Design offers website design services with clear deliverables and responsibilities for hosting and maintenance.

  • Clients are responsible for managing their domains and email accounts unless these services are included in the project agreement.
  • Guidance on DNS settings or hosting nameserver configurations is provided upon request.
  • Websites include three rounds of revisions during development. Post-launch changes are billed at hourly agency rate or quoted on.
  • Ownership of website content, including text and graphics, transfers to the client upon full payment.
  • We offer optional monthly and annual retainer agreements for ongoing website maintenance, updates, and graphic design needs. These agreements provide priority support and discounted rates for long-term clients. Retainer details, including costs and scope of services, will be outlined in a separate agreement.

Dispute Resolution and Legal Jurisdiction

Bl3nd Design is based in Abbotsford Fraser Valley British Columbia Canada, and operates under Canadian law.

  • This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
  • Disputes are first addressed through mediation to resolve issues amicably, using project scope documents.
  • For unresolved disputes, Bl3nd Design’s legal team is available to provide support.
  • Legal proceedings, if necessary, will be conducted within the jurisdiction of British Columbia.
  • Bl3nd Design’s total liability for any claims related to its services is limited to the total amount paid by the client for those services. The agency is not responsible for indirect, incidental, or consequential damages, including lost profits, reputational harm, or disputes involving third parties arising from the use of deliverables.
  • Clients agree to indemnify and hold harmless Bl3nd Design from any claims, damages, liabilities, or costs (including legal fees) arising from the client’s use of deliverables or breach of agreement.
  • Both parties agree not to publicly disparage, defame, or misrepresent the other party during or after the contract period, including through online reviews, social media, or public forums. Disputes will be handled through private mediation or legal channels.

Communication and Collaboration

Effective communication and collaboration are essential to project success. Clients are expected to actively participate in the process.

  • Regular progress updates and scheduled check-ins keep both parties aligned.
  • Timely, actionable feedback from clients ensures deliverables meet expectations.
  • Delays in communication may impact timelines and result in additional costs.

Acknowledgment

By engaging Bl3nd Design, you acknowledge and agree to these legal terms.

This document establishes a clear and legally binding framework for all projects.

For questions or legal inquiries, please contact legal@bl3nddesign.ca to speak with our legal team.

Date Posted: May 20, 2021

This glossary provides detailed explanations for potentially complex or unclear terms found within Bl3nd Design’s legal document. Each term is defined in-depth to ensure clients fully understand their meanings and implications.

Agreement: A legally binding contract between Bl3nd Design and the client. It outlines the rights, responsibilities, and expectations of both parties, including the scope of work, payment terms, and project timeline.

Archived Files: Project files stored by Bl3nd Design for a specified period after project completion. These may include final deliverables, drafts, or project-related data. After the storage period (typically three months), retrieval of these files may incur fees.

Assets: Resources used in the design process, such as images, fonts, logos, or templates. Some assets, like stock images or licensed fonts, may require additional licensing fees.

Business Objectives: The specific, measurable goals the client aims to achieve through the project, such as brand recognition, increased website traffic, or improved sales. These objectives guide the creative process.

Cancellation: The termination of a project before its completion. Cancellation policies outline the conditions under which a project can be ended by either party and specify any associated financial obligations.

Change Order: A formal request for modifications to the project’s original scope, timeline, or budget. It ensures that additional work or changes are documented and agreed upon by both parties.

Client-Provided Content: Any text, images, or other materials supplied by the client for use in the project. The client is responsible for ensuring this content is accurate, legally compliant, and free from third-party claims.

Confidentiality: An agreement between Bl3nd Design and the client to keep shared information, such as business strategies or proprietary data, private. This obligation applies both during and after the project.

Copyright: The legal protection granted to creators for their original work. Ownership of copyright ensures control over how the work is used, distributed, or modified.

Deliverables: The final products or services agreed upon in the project scope, such as logos, website designs, or brand kits. Deliverables are transferred to the client upon full payment.

Deposit: An upfront payment required to begin work on a project. It secures resources and scheduling for the client’s project and is non-refundable once work has started.

Discovery Meeting: An initial session between Bl3nd Design and the client to discuss project goals, scope, and expectations. This meeting helps establish alignment before work begins.

DNS (Domain Name System) Settings: Configurations that manage how a domain name (e.g., yourwebsite.com) is linked to a hosting server. These settings are crucial for making websites accessible online.

Exclusive Rights: A type of licensing where the client is the sole owner of the final deliverables. This prevents Bl3nd Design from using the deliverables for other projects or purposes.

Final Payment: The remaining balance owed to Bl3nd Design after the project is complete. Final deliverables are transferred to the client only after this payment is received.

Force Majeure: Unforeseen events beyond the control of either party, such as natural disasters, pandemics, or government actions, that may delay or prevent the completion of the project.

Hourly Agency Rate: The predetermined fee charged for additional work or revisions outside the project’s original scope. This rate is agreed upon during the project contract.

Indemnify: A legal agreement where one party agrees to protect the other from financial loss or legal responsibility arising from specific actions or situations (e.g., the client indemnifying Bl3nd Design against claims related to client-provided content).

Intellectual Property (IP): Creations of the mind, such as designs, logos, or written content, protected by copyright laws. Ownership of IP is often specified in the project agreement.

Invoice: A document itemizing costs for services rendered, including details of fees, taxes, and payment terms.

Late Payment Penalty: A fee applied to overdue payments, typically calculated as a percentage of the outstanding balance. This incentivizes timely payment and covers administrative costs for collection.

Licensing: The permission granted to the client to use specific assets or deliverables for a defined purpose. Licensing terms may outline restrictions, such as non-resale or geographic limitations.

Mediation: A conflict resolution process involving a neutral third party who helps Bl3nd Design and the client resolve disputes amicably. It is a preferred alternative to legal action.

Milestones: Key stages in the project timeline where specific deliverables or progress updates are provided. Milestones help track the project’s development and ensure alignment.

Non-Disclosure Agreement (NDA): A legal contract that ensures confidentiality for sensitive information shared during the project. It prevents either party from disclosing proprietary or confidential information to third parties.

Payment Plan: An arrangement allowing the client to pay the project cost in installments. Terms, schedules, and any associated fees are outlined in the project agreement.

Preliminary Work: Drafts, concepts, or initial designs created during the project but not included in the final deliverables. These remain the intellectual property of Bl3nd Design.

Project Scope: A detailed description of the work to be performed, including deliverables, timelines, and costs. The scope is agreed upon before the project begins to set clear expectations.

Revisions: Changes or adjustments to deliverables requested by the client to improve alignment with project goals. The number of included revision rounds is defined in the project agreement.

Royalty-Free Assets: Design elements, such as stock photos or icons, that can be legally used without ongoing licensing fees after an initial purchase or license agreement.

Scope Creep: The uncontrolled expansion of a project’s scope due to additional requests or changes not included in the original agreement. Addressed through change orders to avoid delays and cost overruns.

Stock Images: Pre-made photographs or graphics available for licensing. These are often used in design projects to save time and cost compared to creating custom assets.

Terms of Service: Rules and guidelines that govern the relationship between Bl3nd Design and its clients, including payment, timelines, and project expectations.

Timely Feedback: Prompt and constructive responses from the client during the project. This ensures deliverables meet expectations and project timelines are maintained.

Timeline Extension: An adjustment to the project deadline due to delays, often caused by client-related factors like late feedback or missing materials.

Unused Concepts: Design ideas or drafts developed during the project but not selected for final deliverables. These remain the property of Bl3nd Design unless otherwise agreed upon.

Usage Rights: The legal rights granted to the client to use deliverables for specific purposes (e.g., marketing, internal use). Usage beyond the agreed scope requires additional licensing or written consent.

Website Hosting: A service that stores a website’s files and makes them accessible on the internet. Clients are typically responsible for managing hosting services unless otherwise included in the project agreement.

Work Suspension: A temporary halt in project activities, usually caused by non-payment or delays in communication from the client.

This glossary ensures that all potentially difficult terms are clearly defined for client understanding, improving transparency and fostering trust in Bl3nd Design’s processes.